Bill Text: CA AB1639 | 2013-2014 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006: greenhouse gas emissions limit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-29 - From committee without further action pursuant to Joint Rule 62(a). [AB1639 Detail]
Download: California-2013-AB1639-Amended.html
BILL NUMBER: AB 1639 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Grove
FEBRUARY 11, 2014
An act to amend Section 39712 of, and to add
Section 38597.1 to, 39712.1 to the
Health and Safety Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1639, as amended, Grove. California Global Warming Solutions
Act of 2006: greenhouse gas emissions limit.
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 also authorizes the state board to include the use of
market-based compliance mechanisms. Existing law requires all moneys,
except for fines and penalties, collected by the state board as part
of a market-based compliance mechanism , commonly known as
cap-and-trade revenues, to be deposited in the Greenhouse Gas
Reduction Fund and to be available upon appropriation by the
Legislature. Existing law requires the Department of Finance, in
consultation with the state board and any other relevant state
agency, to develop, as specified, a 3-year investment plan for the
moneys deposited in the Greenhouse Gas Reduction Fund.
Existing law creates the High-Speed Rail Authority, with specified
powers and duties relative to development and construction of a
high-speed rail system.
This bill would state the intent of the Legislature that
moneys derived from emissions reductions measures be expended to
achieve the maximum technologically feasible and cost-effective
reductions in greenhouse gas emissions in furtherance of achieving
the statewide greenhouse gas emissions limit. The bill, as part of
the 3-year investment plan, would require moneys appropriated from
the Greenhouse Gas Reduction Fund be used to achieve the statewide
greenhouse gas emissions limit provide that
cap-and-trade revenues shall not be appropriated from the fund for
purposes of the high-speed rail system, and would make legislative
findings and declarations in that regard .
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. The Legislature finds and declares both
of the following:
(a) The Legislative Analyst's Office, in its March 27, 2014,
report to the Legislature, concludes that using cap-and-trade auction
revenues for high-speed rail may not maximize greenhouse gas (GHG)
reductions, citing the following reasons in support of that
conclusion:
(1) The high-speed rail project would not contribute significant
GHG reductions before 2020, which is the statutory target for
reaching 1990 emissions. This is because the high-speed rail system
will not be operational until 2022.
(2) The construction of high-speed rail would actually generate
GHG emissions of 30,000 metric tons over the next several years.
(b) It is therefore not appropriate to allocate cap-and-trade
auction revenues from the Greenhouse Gas Reduction Fund to the
high-speed rail system.
SEC. 2. Section 39712.1 is added to the
Health and Safety Code , to read:
39712.1. Moneys shall not be appropriated from the fund for
purposes of the high-speed rail system.
SECTION 1. Section 38597.1 is added to the
Health and Safety Code, to read:
38597.1. It is the intent of the Legislature that moneys derived
from emissions reductions measures established pursuant to this
division shall be expended to achieve the maximum technologically
feasible and cost-effective reductions in greenhouse gas emissions in
furtherance of achieving the statewide greenhouse gas emissions
limit established pursuant to Section 38550.
SEC. 2. Section 39712 of the Health and Safety
Code is amended to read:
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 chapter 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
Division 25.5 (commencing with Section 38500), to achieve the
statewide greenhouse gas emissions limit established pursuant to
Section 38550, 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 research, development, and deployment of innovative
technologies, measures, and practices related to programs and
projects funded pursuant to this chapter.
