BILL NUMBER: SB 1351 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
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 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 comply
with that regulation. The If a regulation
adopted by the state board requires a reporting form, compliance
tool, or training, the state board would be required to make
this information 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 comply
with a regulation adopted pursuant to the act at least 60
days prior to the date required for compliance
the information is required in accordance with the
implementation schedule. The bill would authorize the
state board to revise a required implementation schedule, reporting
form, compliance tool, or training after adoption of a regulation,
provided that the state board makes a specified modification.
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
items 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 metrics required for
compliance.
(f) "Direct emission reduction" means a greenhouse gas emission
reduction action made by a greenhouse gas emission source at that
source.
(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.
(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.
(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.
(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.
(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.
(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.
(n) "State board" means the State Air Resources Board.
(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.
(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).
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 comply
with the regulation.
(2) If a regulation adopted pursuant to this division
specifically requires 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 required reporting form,
metric, compliance tool, or training
requirement available to the public on the state board's
Internet Web site at least 60 days prior to the date
required for compliance on which the reporting form,
compliance tool, or training is required in accordance with the
implementation schedule.
(b) The state board may revise an implementation schedule,
reporting form, compliance tool, or training required to be published
pursuant to subdivision (a) after it adopts a regulation, provided
that the state board modifies the compliance deadline to allow
regulated entities 60 days to comply.
(b)
(c) 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.