BILL NUMBER: AB 1288 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
INTRODUCED BY Assembly Member Atkins
( Principal coauthor: Senator
Pavley )
FEBRUARY 27, 2015
An act to amend Section 38562 39510
of the Health and Safety Code, relating to greenhouse gases.
air resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1288, as amended, Atkins. California Global Warming
Solutions Act of 2006: regulations. Air resources.
Existing law establishes the State Air Resources Board, consisting
of 12 members appointed by the Governor and confirmed by the Senate.
Existing law requires the State Air Resources Board to take certain
actions regarding air pollution.
This bill would increase the membership of the state board to 14,
with the Senate Committee on Rules and the Speaker of the Assembly
each appointing one member, as provided.
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. Section 39510 of the Health
and Safety Code is amended to read:
39510. (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 12 14
members.
(b) The Twelve members shall be
appointed by the Governor, with the consent of the Senate, on the
basis of their demonstrated interest and proven ability in the field
of air pollution control and their understanding of the needs of the
general public in connection with air pollution problems.
(c) Six Of the members appointed pursuant
to subdivision (b), six members shall have the following
qualifications:
(1) One member shall have training and experience in automotive
engineering or closely related fields.
(2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
(3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
(4) Two members shall be public members.
(5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
(d) Six Of the members appointed pursuant
to subdivision (b), six members shall be board members from
districts who shall reflect the qualitative requirements of
subdivision (c) to the extent practicable. Of these members:
(1) One shall be a board member from the south coast district.
(2) One shall be a board member from the bay district.
(3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
(4) One shall be a board member from the San Diego County Air
Pollution Control District.
(5) One shall be a board member from the Sacramento district, the
Placer County Air Pollution Control District, the Yolo-Solano Air
Quality Management District, the Feather River Air Quality Management
District, or the El Dorado County Air Pollution Control District.
(6) One shall be a board member of any other district.
(e) The Senate Committee on Rules and the Speaker of the Assembly
shall each appoint one member to the state board who shall be a
person who works directly with communities in the state that are most
significantly burdened by, and vulnerable to, high levels of
pollution, including, but not limited to, communities with diverse
racial and ethnic populations and communities with low-income
populations.
(e)
(f) Any vacancy shall be filled by the
Governor appointing authority within 30 days of
the date on which it occurs. If the Governor fails to make an
appointment for any vacancy within the 30-day period, the Senate
Committee on Rules may make the appointment to fill the vacancy in
accordance with this section.
(f)
(g) While serving on the state board, all members shall
exercise their independent judgment as officers of the state on
behalf of the interests of the entire state in furthering the
purposes of this division. A member of the state board shall not be
precluded from voting or otherwise acting upon any matter solely
because that member has voted or acted upon the matter in his or her
capacity as a member of a district board, except that a member of the
state board who is also a member of a district board shall not
participate in any action regarding his or her district taken by the
state board pursuant to Sections 41503 to 41505, inclusive.
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.
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.