BILL ANALYSIS                                                                                                                                                                                                    



                                                                SB 104
                                                                Page  1


        SENATE THIRD READING
        SB 104 (Oropeza)
        As Amended  April 30, 2009
        Majority vote 

         SENATE VOTE  :21-17  
         
         NATURAL RESOURCES   6-3         APPROPRIATIONS      11-5         
         
         ------------------------------------------------------------------- 
        |Ayes:|Skinner, Brownley,        |Ayes:|De Leon, Ammiano, Charles   |
        |     |Chesbro,                  |     |Calderon, Coto, Davis,      |
        |     |De Leon, Hill, Huffman    |     |Fuentes, Hall,              |
        |     |                          |     |John A. Perez, Skinner,     |
        |     |                          |     |Solorio, Torlakson          |
        |     |                          |     |                            |
        |-----+--------------------------+-----+----------------------------|
        |Nays:|Gilmore, Knight, Logue    |Nays:|Nielsen, Duvall, Harkey,    |
        |     |                          |     |Miller,                     |
        |     |                          |     |Audra Strickland            |
        |     |                          |     |                            |
         ------------------------------------------------------------------- 
         
        SUMMARY  :  Adds nitrogen trifluoride (NF3) and any other greenhouse  
        gas (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 the Global Warming Solutions Act of 2006 (AB  
        32).    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.
         
        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.

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  
        negligible costs.









                                                                SB 104
                                                                Page  2


         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 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.

         Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
        319-2092                                               FN: 0001975