Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1261

Introduced by Assembly Member Burke
(Principal coauthor: Assembly Member Cooper)
(Coauthors: Assembly Members Aguiar-Curry, Cunningham, Blanca Rubio, and Wood)

February 19, 2021

An act to amend add Section 39730.8 of 38568 to the Health and Safety Code, relating to renewable gas. greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 1261, as amended, Burke. Renewable gas. State Air Resources Board: greenhouse gas emissions: incentive programs.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources of emissions of greenhouse gases, as well as implementing various regulatory and incentive programs to assist the state in reaching its greenhouse gas emissions reductions goals. Existing law, for example, establishes the Air Quality Improvement Program that is administered by the state board for purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles.
This bill would require the state board, on or before January 1, 2023, to establish specified processes to assist the state in achieving its greenhouse gas emissions reduction goals, including a process to identify any overlap among its incentive programs that share the same objectives and a process to define, collect, and evaluate data on the behavioral changes that result from each of its incentive programs. The bill would require the state board to use the information collected pursuant to these processes to refine the greenhouse gas emissions estimates for each of its incentive programs in its annual reports to the Legislature, its funding plans, and any long-term planning documents or reports. The bill would require the state board, on or before January 1, 2023, to develop a process to define, collect, and evaluate data that will translate to metrics demonstrating the socioeconomic benefits that result from each of its incentive programs, and, beginning July 1, 2023, to use this data to make funding and design recommendations in its annual reports to the Legislature and funding plans, as provided.

Existing law requires state agencies to consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas. Existing law requires the State Energy Resources Conservation and Development Commission, in consultation with specified entities, to develop recommendations for the development and use of renewable gas, and requires the Public Utilities Commission, in consultation with specified entities, to consider additional policies to support the development and use in the state of renewable gas that reduce short-lived climate pollutants in the state.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38568 is added to the Health and Safety Code, immediately following Section 38566, to read:

38568.
 To better assist the state in achieving its greenhouse gas emissions reduction goals, the state board shall do all of the following with respect to incentive programs administered by the state board:
(a) To improve the state board’s ability to isolate the greenhouse gas emissions reductions for each of its incentive programs, on or before January 1, 2023, the state board shall establish a process to formally identify any overlap among any incentive programs that share the same objectives.
(b) To improve its ability to identify the effectiveness of each of its incentive programs in reducing greenhouse gas emissions, on or before January 1, 2023, the state board shall develop a process to define, collect, and evaluate data on the behavioral changes that result from each of its incentive programs.
(c) To better demonstrate that its incentive programs are as effective as possible in achieving specific socioeconomic benefits, on or before January 1, 2023, the state board shall develop a process to define, collect, and evaluate data that will translate to metrics demonstrating the socioeconomic benefits that result from each of its incentive programs.
(d) (1) The state board shall use the information collected pursuant to subdivisions (a) and (b) to refine the greenhouse gas emissions estimates for each of its incentive programs that are included in its annual reports to the Legislature, funding plans, and any long-term planning documents or reports.
(2) Beginning on July 1, 2023, the state board shall use the metrics and data collected pursuant to subdivision (c) to make funding and design recommendations in its annual reports to the Legislature and funding plans based on the efficacy and costs of its incentive programs in providing socioeconomic benefits.

SECTION 1.Section 39730.8 of the Health and Safety Code is amended to read:
39730.8.

(a)For purposes of this section, the following definitions apply:

(1)“Commission” means the Public Utilities Commission.

(2)“Energy commission” means the State Energy Resources Conservation and Development Commission.

(3)“Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730.

(b)The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following:

(1)The California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).

(2)The Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).

(3)Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code.

(4)The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5.

(5)The strategy.

(c)Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas.

(d)Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state.

(e)In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate.