BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Kevin Murray, Chairman 32 (Nunez) Hearing Date: 8/7/06 Amended: 8/7/06 As proposed to be amended (LCR 18928) Consultant: John Decker Policy Vote: EQ 5-2 _________________________________________________________________ ____ BILL SUMMARY: AB 32 would direct the regulation of state emissions by: 1. Establishing a monitoring program, 2. Requiring the state's consultation with advisory and stakeholder groups, 3. Adopting regulations on reduction strategies 4. Limiting emissions, and 5. Establishing a governor's task force. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2006-07 2007-08 2008-09 Fund Monitoring Program Monitor unknown millions ---- General Report unknown --------------- General Advisory and Stakeholder Groups Stakeholder group ---------------- unknown --------------- General Advisory committee ---------------- unknown --------------- General Regulations Governing Greenhouse Gas Emissions Reduction Strategies Development and promulgation ----------------- unknown -------------- General Regulations Limiting Emissions Development and promulgation ----------------- unknown -------------- General Governor's Task Force Task force ----------------- unknown -------------- General _________________________________________________________________ ____ STAFF COMMENTS: This bill meet the criteria for referral to the Suspense File. Monitoring Program The bill requires the Air Resources Board (ARB) to adopt regulations establishing a monitoring program on or before January 1, 2008. The program is to annually monitor, report and verify the amount of greenhouse gas emissions on a statewide basis. The bill delegates to the board the authority to determine which emissions to monitor. The bill does not specify whether the monitoring program is intended to be site- and emission- specific. continued Page 2 AB 32 (Nunez) Staff note that it is not clear who must do the monitoring (Will private entities be responsible for reporting to the board? Will local governments? Will the board?) If the board will do the measuring, it will require additional staff and measurement equipment, at a cost of potentially millions of dollars in 2006-07 and 2007-08. In subsequent years, the board would need staff to conduct the monitoring, at an annual cost of hundreds of thousands of dollars. The bill requires an annual report, but does not specify the amount of detail or analysis the report is to contain. Assuming that the report provides sufficient detail to sustain a thorough analysis, this annual report could cost in excess of $150,000 annually. Advisory and Stakeholder Groups The bill requires the ARB to "consult broadly with stakeholders" and "convene a stakeholder process" to develop programs for reducing greenhouse gases. The process must begin by March 1, 2007, and is to: 1) Solicit information from utilities on the most efficient ways to reduce greenhouse gases, 2) Identify barriers for implementing reductions strategies, 3) Evaluate state investment strategies in research and development and applied technologies, and 4) Develop plans that may be used to reduce greenhouse gas emissions. It is not clear what the board would do to "convene a ?process," but assuming it would use the bill's statutory directive to conduct research on the four issues and convene stakeholder meetings, the board would incur annual costs in excess of $300,000, starting in the budget year. The bill does not sunset the stakeholder process. The bill also requires the board to establish an advisory committee to make recommendations about emissions reductions strategies. This advisory committee, made up of representatives from communities with significant exposure to air contaminants, is appointed by the Governor, Assembly Speaker and Senate President pro Tempore. Costs for this advisory committee, beginning in the budget year, would likely be minor. Regulations Governing Greenhouse Gas Emissions Reductions Strategies The bill requires the board to adopt, by January 1, 2009, regulations governing greenhouse gas emissions reductions strategies. The strategies may be programs, measures, standards or flexible compliance mechanisms applicable to emission sources. The bill lists several conditions the strategies must meet simultaneously. At the time this analysis was completed, the board was unable to estimate the cost of developing or promulgating these regulations. Given the complexity of the related issues, the board would likely incur costs in excess of $200,000 to develop and promulgate these regulations in 2007-08 and 2008-09. continued Page 3 AB 32 (Nunez) Limit Emissions The bill requires the board to adopt, by January 1, 2010, limits which would progressively reduce greenhouse gas emissions, beginning in 2012 through 2030. At the time this analysis was completed, the board was unable to estimate the cost of developing or promulgating these limits. Given the complexity of the related issues, the board would likely incur costs in excess of $200,000 to develop and promulgate these limits in 2009-10. Governor's Task Force The bill directs the Governor to establish a task force, to be composed of executive branch appointee or staff, to coordinate state investments in programs that reduce greenhouse gases, conduct education and ensure that the state implements these limits. Staff note it is not clear that the bill provides any authority to the task force to accomplish these tasks. Costs to establish and convene the task force could excess $100,000, beginning in the budget year The bill also directs state entities to implement strategies for reducing greenhouse gas emissions. It is not clear that the bill provides the agencies with the authority necessary to implement these strategies. In the event entities implement the strategies required by this provision, the bill could