Bill Text: CA AB1523 | 2021-2022 | Regular Session | Introduced
Bill Title: Greenhouse gases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1523 Detail]
Download: California-2021-AB1523-Introduced.html
Introduced by Assembly Member Gallagher |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 38505 of the Health and Safety Code is amended to read:38505.
For the purposes of this division, the following terms have the following meanings:(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
SEC. 2.
Section 38505.5 of the Health and Safety Code is repealed.(a)“District” has the same meaning as in Section 39025.
(b)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 3.
The heading of Chapter 4 (commencing with Section 38510) of Part 1 of Division 25.5 of the Health and Safety Code is amended to read:CHAPTER 4. Role of State Board and Districts
SEC. 4.
Section 38510 of the Health and Safety Code is amended to read:38510.
(a) The State Air Resources Board is the state agency charged withSEC. 5.
Section 38530 of the Health and Safety Code is amended to read:38530.
(a) On or before January 1, 2008, the state board shall adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with thisSEC. 6.
Section 38562.1 is added to the Health and Safety Code, to read:38562.1.
(a) Each district shall adopt greenhouse gas emissions limits and emission reduction measures for stationary sources within its jurisdiction by regulation to achieve maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of the goal set forth in Section 38566.SEC. 7.
Section 38562.5 of the Health and Safety Code is amended to read:38562.5.
When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, the state board and each district shall follow the requirements in subdivision (b) of Section 38562, consider the social costs of the emissions of greenhouse gases, and prioritize both of the following:SEC. 8.
Section 38562.9 is added to the Health and Safety Code, to read:38562.9.
Rules and regulations adopted pursuant to this part by the state board shall not establish enforceable emission limits on stationary sources, but may determine the emission levels for purposes of a market-based compliance mechanism.SEC. 9.
Section 38566 of the Health and Safety Code is amended to read:38566.
(a) In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions for vehicular sources authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.SEC. 10.
Section 38580 of the Health and Safety Code is amended to read:38580.
(a) (1) The state board shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism adopted by the state board pursuant to this division.SEC. 11.
Section 38594 of the Health and Safety Code, as amended by Section 12 of Chapter 135 of the Statutes of 2017, is repealed.(a)Except as provided in subdivision (b), nothing in this division shall limit or expand the existing authority of any district.
(b)A district shall not adopt or implement an emission reduction rule for carbon dioxide from stationary sources that are also subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562.
(c)Nothing in this section affects in any manner the authority of a district to adopt or implement, as applicable, any of the following:
(1)A rule, regulation, standard, or requirement authorized or required for a district to
adopt under Division 26 (commencing with Section 39000) for purposes other than to reduce carbon dioxide from sources subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562.
(2)A rule, regulation, standard, or requirement authorized pursuant to a law affecting emissions associated with landfills, refrigerants, natural gas or methane, volatile organic compounds, or a rule required to comply with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or regulations implementing that act.
(3)A rule, regulation, standard, or requirement authorized pursuant to a law to reduce vehicle trips, vehicle miles traveled, parking, or vehicular air emissions, including, but not limited to, a rule adopted pursuant to Chapter 728 of the Statutes of 2008.
(4)A rule,
regulation, standard, or requirement established pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(5)A rule, regulation, standard, or requirement adopted by any state agency.
(d)This section shall become inoperative if the state board repeals the market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562. The state board shall notify the Secretary of State if this section becomes inoperative.
(e)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 12.
Section 38594 of the Health and Safety Code, as added by Section 13 of Chapter 135 of the Statutes of 2017, is repealed.(a)Nothing in this division shall limit or expand the existing authority of any district, as defined in Section 39025.
(b)This section shall become operative on January 1, 2031.