BILL ANALYSIS
SB 104
Page 1
Date of Hearing: July 6, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
SB 104 (Oropeza) - As Amended: April 30, 2009
SENATE VOTE : 21-17
SUBJECT : California Global Warming Solutions Act of 2006 (AB
32): designation of greenhouse gases (GHGs)
SUMMARY : Adds nitrogen trifluoride (NF3) and any other GHG
designated by the United Nations Framework Convention on Climate
Change to the list of GHGs regulated by the Air Resources Board
(ARB) pursuant to AB 32.
EXISTING LAW :
1)Requires ARB, by January 1, 2011, to adopt GHG emission limits
and emission reduction measures by regulation to achieve the
maximum technologically feasible and cost-effective GHG
emission reductions, to become operative beginning January 1,
2012.
2)Defines GHG to include carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
THIS BILL :
1)Adds NF3 and any other GHG designated by the United Nations
Framework Convention on Climate Change to the list of GHGs
regulated by the Air Resources Board pursuant to AB 32.
2)Requires ARB to adopt emission limits and reduction measures
within two years for any gas added to the list of GHGs
pursuant to this bill.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Recent scientific studies have shown NF3 to be an extremely
potent GHG. NF3 is not included in the list of six GHGs in AB
32, which was based on the gases included in the Kyoto Protocol
SB 104
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negotiated through the UN Framework in 1997. The author cites
two 2008 studies regarding NF3 and notes that NF3 "was not
widely used in the 1990s when the Kyoto Protocol was negotiated,
and until these two studies were released many in science,
industry and government believed that NF3 was a harmless
replacement to other damaging gases used by industries."
According to the author, studies found that NF3 has a global
warming potential 17,000 times greater than CO2, persists in the
atmosphere 550 years, and is used in the manufacture of several
consumer items, including photovoltaic solar panels, LCD
television screens, and microprocessors.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County & Municipal Employees
(AFSCME)
Clean Power Campaign
Nation Parks Conservation Association
Sierra Club California
Union of Concerned Scientist
Opposition
American Council of Engineering Companies - California
Building Owners and Managers Association
California Business Properties Association
California Chamber of Commerce
California Council for Environmental and Economic Balance
California Grocers Association
California Manufacturers and Technology Association
California Retailers Association
Chemistry Industry Council of California
Consumer Specialty Products Association
Industrial Environmental Association
International Council of Shopping Centers
National Association of Industrial and Office Properties
Western States Petroleum Association
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092