Amended in Senate August 12, 2014

Senate Bill No. 1079

Introduced by Senator Vidak

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(Coauthors: Senators Anderson, Berryhill, Fuller, Gaines, Huff, Knight, Morrell, Nielsen, Walters, and Wyland)

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(Coauthors: Assembly Members Achadjian, Allen, Bigelow, Chávez, Conway, Donnelly, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Melendez, Olsen, Patterson, Wagner, Waldron, and Wilk)

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February 19, 2014

begin delete An act to amend Section 63049.2 of the Government Code, relating to tobacco settlement moneys. end delete begin insert An act to add Section 38576 to the Health and Safety Code, relating to greenhouse gases, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1079, as amended, Vidak. begin delete Tobacco assets: sales. end delete begin insert California Global Warming Solutions Act of 2006: market-based compliance mechanisms: exemption. end insert

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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 emissions reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing state board regulations require specified entities to comply with a market-based compliance mechanism beginning January 1, 2013, and require additional specified entities to comply with that market-based compliance mechanism beginning January 1, 2015.

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This bill instead would exempt categories of persons or entities that did not have a compliance obligation, as defined, under a market-based compliance mechanism beginning January 1, 2013, from being subject to that market-based compliance mechanism through December 31, 2020.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Under existing law, states’ attorneys general and various tobacco product manufacturers have entered into a Master Settlement Agreement, in settlement of various lawsuits, which provides for the allocation of money to the states and certain territories. The state has entered into a memorandum of understanding providing for the allocation of the state’s share of moneys to be received under the Master Settlement Agreement between the state and various local governments of the state.

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Existing law sets forth the duties of the California Infrastructure and Economic Development Bank and its board of directors generally in performing various financing transactions, including the authority to sell for, and on behalf of, the state all or any portion of the states’ tobacco assets, as defined, to a special purpose trust, established under existing law as a not-for-profit corporation. Existing law authorizes the special purpose trust to issue bonds and exempts certain financing transactions from any bonds issued by the special purpose trust, as specified.

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This bill would make a technical, nonsubstantive change to the above provision.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) The landmark California Global Warming Solutions Act of
2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code) set the goal of reducing greenhouse gas
emissions to 1990 levels by 2020. The act required the State Air
Resources Board to develop a scoping plan, including direct
regulations, performance-based standards, and market-based
mechanisms to achieve this level of greenhouse gas emissions
reductions.

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(b) The State Air Resources Board has implemented a
market-based compliance mechanism under the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).

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(c) Beginning January 1, 2015, the State Air Resources Board’s
market-based compliance mechanism will expand from covering
large industrial facilities to include carbon-based transportation
fuels used today by the state’s motorists as well as natural gas.

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(d) Including transportation fuels in a market-based compliance
mechanism will require suppliers of transportation fuels to
purchase carbon allowances for gasoline and diesel sold and used
in the state, therefore, adding a carbon price to the cost of
transportation fuels.

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(e) The State Air Resources Board’s regulatory analysis for the
market-based compliance mechanism anticipates carbon allowance
costs ranging from $15 to $75, inclusive, per ton between 2015
and 2020.

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(f) Many areas of the state continue to struggle from
disproportionately high unemployment rates and the state’s
hard-working low-income and middle-income families will likely
suffer most from this additional cost burden.

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begin insert SEC. 2. end insert   

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begin insert Section 38576 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 38576. end insert   

(a) For purposes of this section, “compliance
obligation” means the quantity of greenhouse gas emissions for
which a person or entity is required to submit greenhouse gas
emissions allowances or offsets to the state board pursuant to a
market-based compliance mechanism.

(b) If the state board adopts a market-based compliance
mechanism pursuant to this part, only those categories of persons
or entities that had a compliance obligation beginning January 1,
2013, and until December 31, 2014, shall have a compliance
obligation through December 31, 2020, consistent with subdivision
(c) of Section 38562.

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begin insert SEC. 3. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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To allow sufficient lead time to make necessary adjustments to
the program before it takes effect January 1, 2015, it is necessary
for this act to take effect immediately.

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SECTION 1.  

Section 63049.2 of the Government Code is
amended to read:

63049.2.  

Notwithstanding any other provision of this division,
Article 3 (commencing with Section 63040), Article 4
(commencing with Section 63042), and Article 5 (commencing
with Section 63043) do not apply to any bonds issued by the special
purpose trust established by this article. All matters authorized in
this article are in addition to the powers granted to the bank in this
division.

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CORRECTIONS:

Text--Page 1.

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