Amended in Assembly April 21, 2014

Amended in Assembly March 26, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2050

Introduced by Assembly Member Quirk

February 20, 2014

An act to begin insert amend Section 38591 of, and to end insert add and repeal begin delete Sections end delete begin insert Section end insert 38561.5 begin delete and 38561.7 end delete of begin insert , end insert the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2050, as amended, Quirk. California Global Warming Solutions Act of 2006: scoping plan: advisory begin delete panel. end delete begin insert committee. end insert

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. The act requires the scoping plan to be updated at least once every 5 years.

This bill, until January 1, begin delete 2020, end delete begin insert 2019, end insert would require the state board to include specified elements when updating the scoping plan. The bill would require the state board, on or before January 1, begin delete 2020, end delete begin insert 2019, end insert to submit a report to the appropriate committees of the Legislature on those specified elements of the updated scoping plan.

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This bill, until January 1, 2020, would establish the Scoping Plan Advisory Panel, as specified. The bill would require the panel, on or before January 1, 2019, to submit a report to the appropriate committees of the Legislature evaluating and reporting key findings and recommendations on the update of the scoping plan.

end delete begin insert

Existing law requires the state board to appoint an Economic and Technology Advancement Advisory Committee to advise the state board on activities that will facilitate investment in and implementation of technological research and development opportunities, as specified. Existing law also authorizes the committee to advise the state board on economic and technological developments relating to greenhouse gas emission reductions.

end insert begin insert

This bill would require the committee to consist of between 5 and 10 members who are experts in energy technology and economics. The bill would delete the authorization for the committee to advise the state board on developments relating to greenhouse gas emission reductions and would instead authorize the committee to conduct an economic assessment that includes a marginal cost analysis of various strategies for reducing greenhouse gases.

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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.  

The Legislature finds and declares all of the
following:

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(a) Climate change is a global emissions problem.

end insert begin delete

(a)

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begin insert (b) end insert  California is responsible for begin delete less than 2 end delete begin insert approximately 1 end insert
percent of the world’s global greenhouse gas emissions and, thus,
begin delete cannot mitigate the effects of climate change with any meaningful
solutions without the participation of key states and nations end delete begin insert needs
to address the problem of climate change with a global perspective end insert .

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(c) A majority of greenhouse gas emissions will be coming from
developing countries over the next few decades. In order for
California to be a leader in fighting global climate change, the
state should be focusing on inventing and developing the
technologies necessary to replace fossil fuel as the primary fuel
source in order to allow the developing nations of the world to
achieve low-carbon economic growth.

end insert begin delete

(b)

end delete

begin insert (d) end insert  It is in the best interest of the state to ensure that the goals
to reduce greenhouse gas emissions are flexible and developed
with the intent to produce adaptable policies and programs that
other states and nations could reasonably adopt.

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(c)

end delete

begin insert (e) end insert  Demonstrating effective climate change policy can increase
the likelihood that other states and nations will follow California’s
lead, which is necessary for the state to have a significant effect
on the global climate change problem.

SEC. 2.  

Section 38561.5 is added to the Health and Safety
Code, to read:

38561.5.  

(a) On or before January 1, 2019, for purposes of the
update of the scoping plan pursuant to subdivision (h) of Section
38561, the state board shall include, but not be limited to, all of
the following:

(1) A proposal for further reducing greenhouse gas emissions
by 2050, including intermediate goals.

(2) An evaluation of the emissions-reduction goals proposed
pursuant to paragraph (1) based on what technologies can be scaled
to the rest of the country and the world that ensure
cost-effectiveness and maintain local and systemwide reliability.

(3) The establishment of consistent metrics to accurately
quantify greenhouse gas emissions from technologies that are
designed to reduce greenhouse gases and retrofits begin insert to existing
technologies end insert that increase overall efficiency for the begin delete purpose end delete
begin insert purposes end insert of reducing begin delete a end delete begin insert their end insert carbon footprint.

(b) (1) On or before January 1, begin delete 2020, end delete begin insert 2019, end insert the state board shall
submit to the appropriate committees of the Legislature the
elements of the update of the scoping plan included pursuant to
subdivision (a).

(2) A report to be submitted pursuant to this paragraph shall be
submitted in compliance with Section 9795 of the Government
Code.

(c) This section shall remain in effect only until January 1, begin delete 2020, end delete
begin insert 2019, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2020, end delete begin insert 2019, end insert deletes or extends
that date.

begin delete

SEC. 3.  

Section 38561.7 is added to the Health and Safety
Code, to read:

38561.7.  

(a) (1) The Scoping Plan Advisory Panel shall be
appointed to advise the state board on the update of the scoping
plan completed pursuant to Section 38561.5.

(2) The members of the panel shall be highly qualified and
professionally active or engaged in the economic development of
the technologies associated with the reduction and mitigation of
greenhouse gas emissions and shall be appointed as follows:

(A) Five members shall be appointed by the Secretary for
Environmental Protection, all of whom shall be qualified as ____.

(B) Two members shall be appointed by the Senate Committee
on Rules, both of whom shall be qualified as ____.

(C) Two members shall be appointed by the Speaker of the
Assembly, both of whom shall be qualified as ____.

(D) Members of the panel shall be appointed from a pool of
nominees submitted to each appointing body by the President of
the University of California. The pool shall include, at a minimum,
three nominees for each discipline represented on the panel.

(3) (A) On or before January 1, 2019, the panel shall evaluate
and report key findings and recommendations to the appropriate
committees of the Legislature on the update of the scoping plan
completed pursuant to Section 38561.5 and subdivision (h) of
Section 38561, including, but not limited to, both of the following:

(i) Any continuation, modification, or suspension of any program
reasoned to be appropriate.

(ii) An economic assessment that includes, but is not limited
to, a marginal cost curve analysis of each program contained in
the scoping plan to provide an assessment of cost-effectiveness.

(B) A report to be submitted pursuant to this paragraph shall be
submitted in compliance with Section 9795 of the Government
Code.

(4) The panel may utilize special consultants or establish ad hoc
committees, which may include other scientists, to assist the panel
in performing its functions.

(5) Any ad hoc committees or hearings conducted pursuant to
paragraph (4) shall be held at the Sacramento headquarters of the
California Environmental Protection Agency.

(6) Members of the panel, and any ad hoc committee established
by the panel, shall submit annually a financial disclosure statement
that includes a listing of income received within the preceding
three years, including investments, grants, and consulting fees
derived from individuals or businesses that might be affected by
regulatory actions undertaken by the state board pursuant to this
division. The financial disclosure statements submitted pursuant
to this subdivision are public information. Members of the panel
shall be subject to the disqualification requirements of Section
87100 of the Government Code.

(7) Members of the panel shall receive one hundred dollars
($100) per day for attending panel meetings and meetings of the
state board, or upon authorization of the chair of the state board
while on official business of the panel, and shall be reimbursed
for actual and necessary travel expenses incurred in the
performance of their duties.

(8) The panel shall receive sufficient resources, including, but
not limited to, technical, administrative, and clerical support.

(b) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 38591 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

38591.  

(a) The state board, by July 1, 2007, shall convene an
environmental justice advisory committee, of at least three
members, to advise it in developing the scoping plan pursuant to
Section 38561 and any other pertinent matter in implementing this
division. The advisory committee shall be comprised of
representatives from communities in the state with the most
significant exposure to air pollution, including, but not limited to,
communities with minority populations or low-income populations,
or both.

(b) The state board shall appoint the advisory committee
members from nominations received from environmental justice
organizations and community groups.

(c) The state board shall provide reasonable per diem for
attendance at advisory committee meetings by advisory committee
members from nonprofit organizations.

(d)  begin insert (1) end insert begin insert   end insert The state board shall appoint an Economic and
Technology Advancement Advisory Committee begin insert , of at least five
members but not to exceed 10 members, end insert to advise the state board
on activities that will facilitate investment in and implementation
of technological research and development opportunities, including,
but not limited to, identifying new technologies, research,
demonstration projects, funding opportunities, developing state,
national, and international partnerships and technology transfer
opportunities, and identifying and assessing research and advanced
technology investment and incentive opportunities that will assist
in the reduction of greenhouse gas emissions begin insert on a global basis end insert .
begin delete The committee may also advise the state board on state, regional,
national, and international economic and technological
developments related to greenhouse gas emission reductions. end delete

begin insert

(2) The committee may also conduct an economic assessment
that includes, but is not limited to, a marginal cost analysis of
various strategies for reducing greenhouse gases.

end insert begin insert

(3) The membership of the committee shall consist of experts
in energy technology and economics.

end insert