Amended in Senate September 4, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1288


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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertIt is the intent of the Legislature to ensure that
2disadvantaged communities, identified pursuant to Section 39711
3of the Health and Safety Code, continue to receive moneys from
4market-based compliance mechanisms that may be adopted by the
5State Air Resources Board beyond the year 2020, pursuant to
6Section 39713 of the Health and Safety Code.end insert

7

begin deleteSECTION 1.end delete
8begin insertSEC. 2.end insert  

Section 38562 of the Health and Safety Code is
9amended to read:

10

38562.  

(a) On or before January 1, 2011, the state board shall
11adopt greenhouse gas emissions limits and emissions reduction
12measures by regulation to achieve the maximum technologically
13feasible and cost-effective reductions in greenhouse gas emissions
14in furtherance of achieving the statewide greenhouse gas emissions
15limit, to become operative beginning on January 1, 2012.

16(b) In adopting regulations pursuant to this section and Part 5
17(commencing with Section 38570), to the extent feasible and in
18furtherance of achieving the statewide greenhouse gas emissions
19limit, the state board shall do all of the following:

20(1) Design the regulations, including distribution of emissions
21allowances where appropriate, in a manner that is equitable, seeks
22to minimize costs and maximize the total benefits to California,
23and encourages early action to reduce greenhouse gas emissions.

24(2) Ensure that activities undertaken to comply with the
25regulations do not disproportionately impact low-income
26communities.

27(3) Ensure that entities that have voluntarily reduced their
28greenhouse gas emissions prior to the implementation of this
29section receive appropriate credit for early voluntary reductions.

30(4) Ensure that activities undertaken pursuant to the regulations
31complement, and do not interfere with, efforts to achieve and
32maintain federal and state ambient air quality standards and to
33reduce toxic air contaminant emissions.

34(5) Consider cost-effectiveness of these regulations.

35(6) Consider overall societal benefits, including reductions in
36other air pollutants, diversification of energy sources, and other
37benefits to the economy, environment, and public health.

P3    1(7) Minimize the administrative burden of implementing and
2complying with these regulations.

3(8) Minimize leakage.

4(9) Consider the significance of the contribution of each source
5or category of sources to statewide emissions of greenhouse gases.

6(c) In furtherance of achieving the statewide greenhouse gas
7emissions limit, the state board may adopt a regulation that
8establishes a system of market-based declining annual aggregate
9emissions limits for sources or categories of sources that emit
10greenhouse gases that the state board determines will achieve the
11maximum technologically feasible and cost-effective reductions
12in greenhouse gas emissions, in the aggregate, from those sources
13or categories of sources.

14(d) Any regulation adopted by the state board pursuant to this
15part or Part 5 (commencing with Section 38570) shall ensure all
16of the following:

17(1) The greenhouse gas emissions reductions achieved are real,
18permanent, quantifiable, verifiable, and enforceable by the state
19board.

20(2) For regulations pursuant to Part 5 (commencing with Section
2138570), the reduction is in addition to any greenhouse gas
22emissions reduction otherwise required by law or regulation, and
23any other greenhouse gas emissions reduction that otherwise would
24occur.

25(3) If applicable, the greenhouse gas emissions reduction occurs
26over the same time period and is equivalent in amount to any direct
27emission reduction required pursuant to this division.

28(e) The state board shall rely upon the best available economic
29and scientific information and its assessment of existing and
30projected technological capabilities when adopting the regulations
31required by this section.

32(f) The state board shall consult with the Public Utilities
33Commission in the development of the regulations as they affect
34electricity and natural gas providers in order to minimize
35duplicative or inconsistent regulatory requirements.

36(g) The state board may revise regulations adopted pursuant to
37this section and adopt additional regulations to further the
38provisions of this division.



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