BILL NUMBER: AB 1288 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2015
INTRODUCED BY Assembly Member Atkins
FEBRUARY 27, 2015
An act to amend Section 38562 of the Health and Safety Code,
relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1288, as amended, Atkins. California Global Warming Solutions
Act of 2006: 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.
The act authorizes the state board to include the use of
market-based compliance mechanisms and to adopt a regulation that
establishes a system of market-based declining annual aggregate
emissions limits for sources or categories of sources that emit
greenhouse gases, applicable from January 1, 2012, to December 31,
2020, inclusive, as specified.
This bill would no longer limit the applicability of a regulation
that establishes a system of market-based declining annual aggregate
emissions limits for sources or categories of sources that emit
greenhouse gases from January 1, 2012, to December 31, 2020.
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. It is the intent of the Legislature to
ensure that disadvantaged communities, identified pursuant to Section
39711 of the Health and Safety Code, continue to receive moneys from
market-based compliance mechanisms that may be adopted by the State
Air Resources Board beyond the year 2020, pursuant to Section 39713
of the Health and Safety Code.
SECTION 1. SEC. 2. Section 38562 of
the Health and Safety Code is amended to read:
38562. (a) On or before January 1, 2011, the state board shall
adopt greenhouse gas emissions limits and emissions reduction
measures by regulation to achieve the maximum technologically
feasible and cost-effective reductions in greenhouse gas emissions in
furtherance of achieving the statewide greenhouse gas emissions
limit, to become operative beginning on January 1, 2012.
(b) In adopting regulations pursuant to this section and Part 5
(commencing with Section 38570), to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:
(1) Design the regulations, including distribution of emissions
allowances where appropriate, in a manner that is equitable, seeks to
minimize costs and maximize the total benefits to California, and
encourages early action to reduce greenhouse gas emissions.
(2) Ensure that activities undertaken to comply with the
regulations do not disproportionately impact low-income communities.
(3) Ensure that entities that have voluntarily reduced their
greenhouse gas emissions prior to the implementation of this section
receive appropriate credit for early voluntary reductions.
(4) Ensure that activities undertaken pursuant to the regulations
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminant emissions.
(5) Consider cost-effectiveness of these regulations.
(6) Consider overall societal benefits, including reductions in
other air pollutants, diversification of energy sources, and other
benefits to the economy, environment, and public health.
(7) Minimize the administrative burden of implementing and
complying with these regulations.
(8) Minimize leakage.
(9) Consider the significance of the contribution of each source
or category of sources to statewide emissions of greenhouse gases.
(c) In furtherance of achieving the statewide greenhouse gas
emissions limit, the state board may adopt a regulation that
establishes a system of market-based declining annual aggregate
emissions limits for sources or categories of sources that emit
greenhouse gases that the state board determines will achieve the
maximum technologically feasible and cost-effective reductions in
greenhouse gas emissions, in the aggregate, from those sources or
categories of sources.
(d) Any regulation adopted by the state board pursuant to this
part or Part 5 (commencing with Section 38570) shall ensure all of
the following:
(1) The greenhouse gas emissions reductions achieved are real,
permanent, quantifiable, verifiable, and enforceable by the state
board.
(2) For regulations pursuant to Part 5 (commencing with Section
38570), the reduction is in addition to any greenhouse gas emissions
reduction otherwise required by law or regulation, and any other
greenhouse gas emissions reduction that otherwise would occur.
(3) If applicable, the greenhouse gas emissions reduction occurs
over the same time period and is equivalent in amount to any direct
emission reduction required pursuant to this division.
(e) The state board shall rely upon the best available economic
and scientific information and its assessment of existing and
projected technological capabilities when adopting the regulations
required by this section.
(f) The state board shall consult with the Public Utilities
Commission in the development of the regulations as they affect
electricity and natural gas providers in order to minimize
duplicative or inconsistent regulatory requirements.
(g) The state board may revise regulations adopted pursuant to
this section and adopt additional regulations to further the
provisions of this division.