BILL NUMBER: AB 245	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 6, 2013

   An act to amend Section 12894 of the Government Code, relating to
greenhouse gases.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 245, as introduced, Grove. California Global Warming Solutions
Act of 2006: public meetings.
   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. Existing law imposes conditions on the nongovernmental
entity Western Climate Initiative, Incorporated, created to assist
the state board in the implementation of the act.
   Existing law, the Bagley-Keene Open Meeting Act, generally
requires that all meetings of a state body be open and public.
Existing law exempts the nongovernmental entity Western Climate
Initiative, Incorporated, and its appointees from the Bagley-Keene
Open Meeting Act when performing their duties.
   This bill would repeal that exemption and instead subject the
Western Climate Initiative, Incorporated, and its appointees to the
Bagley-Keene Open Meeting Act when performing their duties.
   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 12894 of the Government Code is amended to
read:
   12894.  (a) (1) The Legislature finds and declares that the
establishment of nongovernmental entities, such as the Western
Climate Initiative, Incorporated, and linkages with other states and
countries by the State Air Resources Board or other state agencies
for the purposes of implementing Division 25.5 (commencing with
Section 38500) of the Health and Safety Code, should be done
transparently and should be independently reviewed by the Attorney
General for consistency with all applicable laws.
   (2) The purpose of this section is to establish new oversight and
transparency over any  such   of those 
linkages and related activities undertaken in relation to Division
25.5 (commencing with Section 38500) of the Health and Safety Code by
the executive agencies in order to ensure consistency with
applicable laws.
   (b)  (1)    The California
membership of the board of directors of the Western Climate
Initiative, Incorporated, shall be modified as follows: 
   (A) 
    (1)  One appointee or his or her designee who shall
serve as an ex officio nonvoting member shall be appointed by the
Senate Committee on Rules. 
   (B) 
    (2)  One appointee or his or her designee who shall
serve as an ex officio nonvoting member shall be appointed by the
Speaker of the Assembly. 
   (C) 
    (3)  The Chairperson of the State Air Resources Board or
her or his designee. 
   (D) 
    (4)  The Secretary for Environmental Protection or his
or her designee. 
   (2) Sections 11120 through 11132 do not apply to the Western
Climate Initiative, Incorporated, or to appointees specified in
subparagraphs (C) and (D) of paragraph (1) when performing their
duties under this section. 
   (c) The State Air Resources Board shall provide notice to the
Joint Legislative Budget Committee, consistent with that required for
Department of Finance augmentation or reduction authorizations
pursuant to subdivision (e) of Section 28.00 of the annual Budget
Act, of any funds over one hundred fifty thousand dollars ($150,000)
provided to the Western Climate Initiative, Incorporated, or its
derivatives or subcontractors no later than 30 days prior to transfer
or expenditure of these funds.
   (d) The Chairperson of the State Air Resources Board and the
Secretary for Environmental Protection, as the California voting
representatives on the Western Climate Initiative, Incorporated,
shall report every six months to the Joint Legislative Budget
Committee on any actions proposed by the Western Climate Initiative,
Incorporated, that affect California state government or entities
located within the state.
   (e) For purposes of this section, "link," "linkage," or "linking"
means an action taken by the State Air Resources Board or any other
state agency that will result in acceptance by the State of
California of compliance instruments issued by any other governmental
agency, including any state, province, or country, for purposes of
demonstrating compliance with the market-based compliance mechanism
established pursuant to Division 25.5 (commencing with Section 38500)
of the Health and Safety Code and specified in Sections 95801 to
96022, inclusive, of Title 17 of the California Code of Regulations.
   (f) A state agency, including, but not limited to, the State Air
Resources Board, shall not link a market-based compliance mechanism
established pursuant to Division 25.5 (commencing with Section 38500)
of the Health and Safety Code and specified in Sections 95801 to
96022, inclusive, of Title 17 of the California Code of Regulations
with any other state, province, or country unless the state agency
notifies the Governor that the agency intends to take  such
  that  action and the Governor, acting in his or
her independent capacity, makes all of the following findings:
   (1) The jurisdiction with which the state agency proposes to link
has adopted program requirements for greenhouse gas reductions,
including, but not limited to, requirements for offsets, that are
equivalent to or stricter than those required by Division 25.5
(commencing with Section 38500) of the Health and Safety Code.
   (2) Under the proposed linkage, the State of California is able to
enforce Division 25.5 (commencing with Section 38500) of the Health
and Safety Code and related statutes, against any entity subject to
regulation under those statutes, and against any entity located
within the linking jurisdiction to the maximum extent permitted under
the United States and California Constitutions.
   (3) The proposed linkage provides for enforcement of applicable
laws by the state agency or by the linking jurisdiction of program
requirements that are equivalent to or stricter than those required
by Division 25.5 (commencing with Section 38500) of the Health and
Safety Code.
   (4) The proposed linkage and any related participation of the
State of California in  the  Western Climate Initiative,
Incorporated, shall not impose any significant liability on the state
or any state agency for any failure associated with the linkage.
   (g) The Governor shall issue findings pursuant to subdivision (f)
within 45 days of receiving a notice from a state agency, and shall
provide those findings to the Legislature. The findings shall
consider the advice of the Attorney General. The findings to be
submitted to the Legislature shall not be unreasonably withheld. The
findings shall not be subject to judicial review.