Bill Text: CA AB1532 | 2011-2012 | Regular Session | Chaptered
Bill Title: California Global Warming Solutions Act of 2006:
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 807, Statutes of 2012. [AB1532 Detail]
Download: California-2011-AB1532-Chaptered.html
BILL NUMBER: AB 1532 CHAPTERED
BILL TEXT
CHAPTER 807
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2012
APPROVED BY GOVERNOR SEPTEMBER 30, 2012
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN SENATE AUGUST 31, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 18, 2012
AMENDED IN ASSEMBLY MAY 1, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
INTRODUCED BY Assembly Member John A. Pérez
(Principal coauthor: Senator De León)
(Coauthors: Assembly Members Blumenfield, Bonilla, Bradford,
Butler, Carter, Chesbro, Dickinson, Gordon, Roger Hernández, Hill,
Bonnie Lowenthal, Monning, Skinner, Wieckowski, Williams, and Yamada)
JANUARY 23, 2012
An act to amend Section 12894 of the Government Code, and to add
Chapter 4.1 (commencing with Section 39710) to Part 2 of Division 26
of the Health and Safety Code, relating to greenhouse gas emissions.
LEGISLATIVE COUNSEL'S DIGEST
AB 1532, John A. Pérez. California Global Warming Solutions Act of
2006: Greenhouse Gas Reduction Fund.
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. The act authorizes the state board to include use of
market-based compliance mechanisms.
Existing law imposes limitations on any link, as defined, between
the state and another state, province, or country for purposes of a
market-based compliance mechanism by, among other things, prohibiting
any state agency, including the state board, from taking any action
to create such a link unless the state agency notifies the Governor,
and the Governor issues specified written findings on the proposed
link that consider the advice of the Attorney General.
This bill would prohibit the Governor's written findings on the
proposed link from being subject to judicial review.
Existing law requires all moneys, except for fines and penalties,
collected by the state board from the auction or sale of allowances
as part of a market-based compliance mechanism to be deposited in the
Greenhouse Gas Reduction Fund and to be available upon appropriation
by the Legislature.
This bill would require the moneys in the Greenhouse Gas Reduction
Fund to be used for specified purposes. The bill would require the
Department of Finance, in consultation with the state board and any
other relevant state entity, to develop, as specified, a 3-year
investment plan that includes specified analysis and information and
to submit the plan to the Legislature, as specified. The bill would
require the Department of Finance to submit a report no later than
March 1, 2014, and annually thereafter, to the appropriate committees
of the Legislature containing specified information.
This bill would make its provisions contingent on the enactment of
other legislation, as specified.
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 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) 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) 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) The Chairperson of the State Air Resources Board or her or his
designee.
(D) 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 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 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.
SEC. 2. Chapter 4.1 (commencing with Section 39710) is added to
Part 2 of Division 26 of the Health and Safety Code, to read:
CHAPTER 4.1. GREENHOUSE GAS REDUCTION FUND INVESTMENT PLAN AND
COMMUNITIES REVITALIZATION ACT
39710. For purposes of this part, fund means the Greenhouse Gas
Reduction Fund, created pursuant to Section 16428.8 of the Government
Code.
39712. (a) (1) It is the intent of the Legislature that moneys
shall be appropriated from the fund only in a manner consistent with
the requirements of this part and Article 9.7 (commencing with
Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of
the Government Code.
(2) The state shall not approve allocations for a measure or
program using moneys appropriated from the fund except after
determining, based on the available evidence, that the use of those
moneys furthers the regulatory purposes of Division 25.5 (commencing
with Section 38500) and is consistent with law. If any expenditure of
moneys from the fund for any measure or project is determined by a
court to be inconsistent with law, the allocations for the remaining
measures or projects shall be severable and shall not be affected.
(b) Moneys shall be used to facilitate the achievement of
reductions of greenhouse gas emissions in this state consistent with
this division and, where applicable and to the extent feasible:
(1) Maximize economic, environmental, and public health benefits
to the state.
(2) Foster job creation by promoting in-state greenhouse gas
emissions reduction projects carried out by California workers and
businesses.
(3) Complement efforts to improve air quality.
(4) Direct investment toward the most disadvantaged communities
and households in the state.
(5) Provide opportunities for businesses, public agencies,
nonprofits, and other community institutions to participate in and
benefit from statewide efforts to reduce greenhouse gas emissions.
(6) Lessen the impacts and effects of climate change on the state'
s communities, economy, and environment.
(c) Moneys appropriated from the fund may be allocated, consistent
with subdivision (a), for the purpose of reducing greenhouse gas
emissions in this state through investments that may include, but are
not limited to, any of the following:
(1) Funding to reduce greenhouse gas emissions through energy
efficiency, clean and renewable energy generation, distributed
renewable energy generation, transmission and storage, and other
related actions, including, but not limited to, at public
universities, state and local public buildings, and industrial and
manufacturing facilities.
(2) Funding to reduce greenhouse gas emissions through the
development of state-of-the-art systems to move goods and freight,
advanced technology vehicles and vehicle infrastructure, advanced
biofuels, and low-carbon and efficient public transportation.
(3) Funding to reduce greenhouse gas emissions associated with
water use and supply, land and natural resource conservation and
management, forestry, and sustainable agriculture.
(4) Funding to reduce greenhouse gas emissions through strategic
planning and development of sustainable infrastructure projects,
including, but not limited to, transportation and housing.
(5) Funding to reduce greenhouse gas emissions through increased
in-state diversion of municipal solid waste from disposal through
waste reduction, diversion, and reuse.
(6) Funding to reduce greenhouse gas emissions through investments
in programs implemented by local and regional agencies, local and
regional collaboratives, and nonprofit organizations coordinating
with local governments.
(7) Funding in research, development, and deployment of innovative
technologies, measures, and practices related to programs and
projects funded pursuant to this part.
39716. (a) The Department of Finance, on behalf of the Governor,
and in consultation with the state board and any other relevant state
entity, shall develop and submit to the Legislature at the time of
the department's adjustments to the proposed 2013-14 fiscal year
budget pursuant to subdivision (e) of Section 13308 of the Government
Code a three-year investment plan. Commencing with the 2016-17
fiscal year budget and every three years thereafter, with the release
of the Governor's budget proposal, the Department of Finance shall
include updates to the investment plan following the public process
described in subdivisions (b) and (c). The investment plan,
consistent with the requirements of Section 39712, shall do all of
the following:
(1) Identify the state's near-term and long-term greenhouse gas
emissions reduction goals and targets by sector.
(2) Analyze gaps, where applicable, in current state strategies to
meeting the state's greenhouse gas emissions reduction goals by
sector.
(3) Identify priority programmatic investments of moneys that will
facilitate the achievement of feasible and cost-effective greenhouse
gas emissions reductions toward achievement of greenhouse gas
reduction goals and targets by sector, consistent with subdivision
(c) of Section 39712.
(b) (1) The state board shall hold at least two public workshops
in different regions of the state and one public hearing prior to the
Department of Finance submitting the investment plan.
(2) The state board shall, prior to the submission of each
investment plan, consult with the Public Utilities Commission to
ensure the investment plan is coordinated with, and does not conflict
with or unduly overlap with, activities under the oversight or
administration of the Public Utilities Commission undertaken pursuant
to Part 5 (commencing with Section 38570) of Division 25.5 or other
activities under the oversight or administration of the Public
Utilities Commission that facilitate greenhouse gas emissions
reductions consistent with this division. The investment plan shall
include a description of the use of any moneys generated by the sale
of allowances received at no cost by the investor-owned utilities
pursuant to a market-based compliance mechanism.
(c) The Climate Action Team, established under Executive Order
S-3-05, shall provide information to the Department of Finance and
the state board to assist in the development of each investment plan.
The Climate Action Team shall participate in each public workshop
held on an investment plan and provide testimony to the state board
on each investment plan. For purposes of this section, the Secretary
of Labor and Workforce Development shall assist the Climate Action
Team in its efforts.
39718. (a) Moneys in the fund shall be appropriated through the
annual Budget Act consistent with the investment plan developed and
submitted pursuant to Section 39716.
(b) Upon appropriation, moneys in the Greenhouse Gas Reduction
Fund shall be available to the state board and to administering
agencies for administrative purposes in carrying out this chapter.
(c) Any repayment of loans, including interest payments and all
interest earnings on or accruing to any money, resulting from
implementation of this chapter shall be deposited in the Greenhouse
Gas Reduction Fund for the purposes of this chapter.
39720. (a) Notwithstanding Section 10231.5 of the Government
Code, the Department of Finance shall submit a report on or before
March 1, 2014, and annually thereafter, to the appropriate committees
of the Legislature on the status of projects funded pursuant to this
part and their outcomes.
(b) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 3. This act shall not become operative unless Senate Bill 535
of the 2011-12 Regular Session is enacted.
