California Legislature—2013–14 Regular Session

Assembly Bill No. 2027

Introduced by Assembly Member Logue

February 20, 2014

An act to amend Sections 38530 and 38580 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2027, as introduced, Logue. California Global Warming Solutions Act of 2006: reporting and verification: violations.

The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to adopt regulations to require the reporting and verification of emissions of greenhouse gases and to monitor and enforce compliance with the reporting and verification program.

This bill would require the state board to utilize the greenhouse gas emissions data submitted in reports as part of the Low-Carbon Fuel Standard regulation in lieu of requiring the submission of the same greenhouse gas emissions data pursuant to the Mandatory Reporting of Greenhouse Gas Emissions regulation. The bill, commencing January 1, 2015, would prohibit the state board from requiring a regulated entity to report the same greenhouse gas emissions data in more than one program adopted pursuant to the act. The bill, commencing January 1, 2015, would require it not be a violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board if a regulated entity did not submit greenhouse gas emissions data pursuant to a rule, regulation, order, emission limitation, emissions reduction measure, or other measure if the state board already possessed that greenhouse gas emissions data pursuant to another rule, regulation, order, emission limitation, emissions reduction measure, or other measure.

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 38530 of the Health and Safety Code is
amended to read:

38530.  

(a) On or before January 1, 2008, the state board shall
adopt regulations to require the reporting and verification of
statewide greenhouse gas emissions and to monitor and enforce
compliance with this program.

(b) The regulations shall do all of the following:

(1) Require the monitoring and annual reporting of greenhouse
gas emissions from greenhouse gas begin delete emission end delete begin insert emissions end insert sources
beginning with the sources or categories of sources that contribute
the most to statewide emissions.

(2) Account for greenhouse gas emissions from all electricity
consumed in the state, including transmission and distribution line
losses from electricity generated within the state or imported from
outside the state. This requirement applies to all retail sellers of
electricity, including load-serving entities as defined in subdivision
(j) of Section 380 of the Public Utilities Code and local publicly
owned electric utilities as defined in Section begin delete 9604 end delete begin insert 224.3 end insert of the
Public Utilities Code.

(3) Where appropriate and to the maximum extent feasible,
incorporate the standards and protocols developed by the begin insert former end insert
California Climate Action Registry, established pursuant to begin insert the
former end insert Chapter 6 (commencing with Section 42800) of Part 4 of
Division 26. Entities that voluntarily participated in the California
Climate Action Registry prior to December 31, 2006, and have
developed a greenhouse gas begin delete emission end delete begin insert emissions end insert reporting begin delete program, end delete
begin insert program end insert shall not be required to significantly alter their reporting
or verification program except as necessary to ensure that reporting
is complete and verifiable for the purposes of compliance with this
division as determined by the state board.

(4) Ensure rigorous and consistent accounting of emissions, and
provide reporting tools and formats to ensure collection of
necessary data.

(5) Ensure that greenhouse gas begin delete emission end delete begin insert emissions end insert sources
maintain comprehensive records of all reported greenhouse gas
emissions.

(c) The state board shall do begin delete both end delete begin insert all end insert of the following:

(1) Periodically review and update its emission reporting
requirements, as necessary.

(2) Review existing and proposed international, federal, and
state greenhouse gas begin delete emission end delete begin insert emissions end insert reporting programs and
make reasonable efforts to promote consistency among the
programs established pursuant to this part and other programs, and
to streamline reporting requirements on greenhouse gas begin delete emission end delete
begin insert emissions end insert sources.

begin insert

(3) Utilize the greenhouse gas emissions data submitted in
reports as part of the Low-Carbon Fuel Standard regulations
(Subarticle 7 (commencing with Section 95480) of Article 4 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations) in lieu of requiring the submission
of the same greenhouse gas emissions data pursuant to the
Mandatory Reporting of Greenhouse Gas Emissions regulation
(Subarticle 1 (commencing with Section 95101) of Article 2 of
Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the
California Code of Regulations).

end insert begin insert

(d) Commencing January 1, 2015, the state board shall not
require a regulated entity to report greenhouse gas emissions data
in more than one program adopted pursuant to this division.

end insert

SEC. 2.  

Section 38580 of the Health and Safety Code is
amended to read:

38580.  

(a) The state board shall monitor compliance with and
enforce any rule, regulation, order, emission limitation, emissions
reduction measure, or market-based compliance mechanism
adopted by the state board pursuant to this division.

(b) (1)  begin delete Any end delete begin insert A end insert violation of any rule, regulation, order, emission
limitation, emissions reduction measure, or other measure adopted
by the state board pursuant to this division may be enjoined
pursuant to Section 41513, and the violation is subject to those
penalties set forth in Article 3 (commencing with Section 42400)
of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with
Section 43025) of Part 5 of, Division 26.

(2)  begin delete Any end delete begin insert A end insert violation of any rule, regulation, order, emission
limitation, emissions reduction measure, or other measure adopted
by the state board pursuant to this division shall be deemed to
result in an emission of an air contaminant for the purposes of the
penalty provisions of Article 3 (commencing with Section 42400)
of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with
Section 43025) of Part 5 of, Division 26.

(3) The state board may develop a method to convert a violation
of any rule, regulation, order, emission limitation, or other
emissions reduction measure adopted by the state board pursuant
to this division into the number of days in violation, where
appropriate, for the purposes of the penalty provisions of Article
3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and
Chapter 1.5 (commencing with Section 43025) of Part 5 of,
Division 26.

(c) Section 42407 and subdivision (i) of Section 42410 shall
not apply to this part.

begin insert

(d) Commencing January 1, 2015, it shall not be a violation of
any rule, regulation, order, emission limitation, emissions
reduction measure, or other measure adopted by the state board
if a regulated entity did not submit greenhouse gas emissions data
pursuant to a rule, regulation, order, emission limitation, emissions
reduction measure, or other measure if the state board already
possessed that greenhouse gas emissions data pursuant to another
rule, regulation, order, emission limitation, emissions reduction
measure, or other measure.

end insert