BILL NUMBER: SB 1351 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 19, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Wright
FEBRUARY 19, 2010
An act to add Section 38566 to amend
Section 38505 of, and to add Section 38566 to, the Health and
Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1351, as amended, Wright. California Global Warming Solutions
Act of 2006: State Air Resources Board regulations.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reductions.
This bill would require the state board to make available to the
public, at the time that the state board adopts a regulation pursuant
to the act, any implementation schedule that is required to
initiate compliance comply with that
regulation. The state board would be required to make available to
the public on the state board's Internet Web site any reporting form
, metric, compliance tool, or training requirement, that
is required to initiate compliance comply
with a regulation adopted pursuant to the act at least
45 60 days prior to the date required for
filing that form compliance in
accordance with the implementation schedule.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38505 of the Health
and Safety Code is amended to read:
38505. For the purposes of this division, the following terms
have the following meanings:
(a) "Allowance" means an authorization to emit, during a specified
year, up to one ton of carbon dioxide equivalent.
(b) "Alternative compliance mechanism" means an action undertaken
by a greenhouse gas emission source that achieves the equivalent
reduction of greenhouse gas emissions over the same time period as a
direct emission reduction, and that is approved by the state board.
"Alternative compliance mechanism" includes, but is not limited to, a
flexible compliance schedule, alternative control technology, a
process change, or a product substitution.
(c) "Carbon dioxide equivalent" means the amount of carbon dioxide
by weight that would produce the same global warming impact as a
given weight of another greenhouse gas, based on the best available
science, including from the Intergovernmental Panel on Climate
Change.
(d) "Cost-effective" or "cost-effectiveness" means the cost per
unit of reduced emissions of greenhouse gases adjusted for its global
warming potential.
(e) "Compliance tool" means the resources specified in a
regulation for compliance, including, but not limited to, computer
models, databases, algorithms, formulas, datasets, forms, criteria,
bulletins, manuals, instructions, orders, spreadsheets, software, Web
sites, labels, protocols, and other guidance documents required for
compliance.
(e)
(f) "Direct emission reduction" means a greenhouse gas
emission reduction action made by a greenhouse gas emission source at
that source.
(f)
(g) "Emissions reduction measure" means programs,
measures, standards, and alternative compliance mechanisms authorized
pursuant to this division, applicable to sources or categories of
sources, that are designed to reduce emissions of greenhouse gases.
(g)
(h) "Greenhouse gas" or "greenhouse gases" includes all
of the following gases:
(1) Carbon dioxide.
(2) Methane.
(3) Nitrous oxide.
(4) Hydrofluorocarbons.
(5) Perfluorocarbons.
(6) Sulfur hexafluoride.
(7) Nitrogen trifluoride.
(h)
(i) "Greenhouse gas emissions limit" means an
authorization, during a specified year, to emit up to a level of
greenhouse gases specified by the state board, expressed in tons of
carbon dioxide equivalents.
(i)
(j) "Greenhouse gas emission source" or "source" means
any source, or category of sources, of greenhouse gas emissions whose
emissions are at a level of significance, as determined by the state
board, that its participation in the program established under this
division will enable the state board to effectively reduce greenhouse
gas emissions and monitor compliance with the statewide greenhouse
gas emissions limit.
(j)
(k) "Leakage" means a reduction in emissions of
greenhouse gases within the state that is offset by an increase in
emissions of greenhouse gases outside the state.
(k)
(l) "Market-based compliance mechanism" means either of
the following:
(1) A system of market-based declining annual aggregate emissions
limitations for sources or categories of sources that emit greenhouse
gases.
(2) Greenhouse gas emissions exchanges, banking, credits, and
other transactions, governed by rules and protocols established by
the state board, that result in the same greenhouse gas emission
reduction, over the same time period, as direct compliance with a
greenhouse gas emission limit or emission reduction measure adopted
by the state board pursuant to this division.
(m) "Metric"means units and standards of measurement by which
efficiency, performance, progress, or quality of a plan, process, or
product can be assessed.
(l)
(n) "State board" means the State Air Resources Board.
(m)
(o) "Statewide greenhouse gas emissions" means the
total annual emissions of greenhouse gases in the state, including
all emissions of greenhouse gases from the generation of electricity
delivered to and consumed in California, accounting for transmission
and distribution line losses, whether the electricity is generated in
state or imported. Statewide emissions shall be expressed in tons of
carbon dioxide equivalents.
(n)
(p) "Statewide greenhouse gas emissions limit" or
"statewide emissions limit" means the maximum allowable level of
statewide greenhouse gas emissions in 2020, as determined by the
state board pursuant to Part 3 (commencing with Section 38550).
SECTION 1. SEC. 2. Section 38566 is
added to the Health and Safety Code, to read:
38566. (a) (1) The state board shall make available to the
public, at the time the state board adopts a regulation pursuant to
this division, any implementation schedule that is required to
initiate compliance comply with the
regulation.
(2) If a reporting form is required to initiate compliance with
(2) If a reporting form, metric,
compliance tool, or training is required to comply with a
regulation adopted pursuant to this division, the state board shall
make the reporting form , metric, compliance tool, or training
requirement available to the public on the state board's
Internet Web site at least 45 days prior to the date
required for filing that form 60 days prior to the
date required for compliance in accordance with the
implementation schedule.
(b) This section does not excuse compliance from a regulation
adopted before January 1, 2011, that does not meet the requirements
of subdivision (a), or require the state board to readopt or amend a
regulation approved by the state board before January 1, 2011.