Bill Text: CA AB1794 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 1794 (Prior Session Legislation)

Introduced

Bill Title: Emissions of greenhouse gases: California Global Warming

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-11 - From printer. May be heard in committee March 13. [AB1794 Detail]

Download: California-2009-AB1794-Introduced.html

BILL NUMBER: AB 1794	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 10, 2010

   An act to amend Section 38562 of the Health and Safety Code,
relating to greenhouse gases.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1794, as introduced, Gilmore. Emissions of greenhouse gases:
California Global Warming Solutions Act of 2006.
   The California Global Warming Solutions Act of 2006, establishes
the State Air Resources Board as the state agency responsible for
monitoring and regulating sources emitting greenhouse gases. The act
requires the state board to adopt a statewide greenhouse gas
emissions limit, as defined, to be achieved by 2020, equivalent to
the statewide greenhouse gas emissions levels in 1990. The act
requires the state board, on or before January 1, 2011, to adopt
greenhouse gas emission limits and emission reduction measures, as
defined, by regulation to achieve the maximum technologically
feasible and cost-effective reductions in emissions of greenhouse
gases, in furtherance of achieving the statewide greenhouse gas
emissions limit, with the regulations to become operative beginning
January 1, 2012.
   This bill would make technical and nonsubstantive revisions to the
above requirements.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38562 of the Health and Safety Code is amended
to read:
   38562.  (a) On or before January 1, 2011, the state board shall
adopt greenhouse gas emission limits and emission reduction measures
by regulation to achieve the maximum technologically feasible and
cost-effective reductions in  greenhouse gas 
emissions  of greenhouse gases,  in furtherance of achieving
the statewide greenhouse gas emissions limit, to become operative
beginning on January 1, 2012.
   (b) In adopting regulations pursuant to this section and Part 5
(commencing with Section 38570), to the extent feasible and in
furtherance of achieving the statewide greenhouse gas emissions
limit, the state board shall do all of the following:
   (1) Design the regulations, including distribution of emissions
allowances where appropriate, in a manner that is equitable, seeks to
minimize costs and maximize the total benefits to California, and
encourages early action to reduce  greenhouse gas 
emissions  of greenhouse gases  .
   (2) Ensure that activities undertaken to comply with the
regulations do not disproportionately impact low-income communities.
   (3) Ensure that entities that have voluntarily reduced their
 greenhouse gas  emissions  of greenhouse gases
 prior to the implementation of this section receive appropriate
credit for early voluntary reductions.
   (4) Ensure that activities undertaken pursuant to the regulations
complement, and do not interfere with, efforts to achieve and
maintain federal and state ambient air quality standards and to
reduce toxic air contaminant emissions.
   (5) Consider cost-effectiveness of these regulations.
   (6) Consider overall societal benefits, including reductions in
other air pollutants, diversification of energy sources, and other
benefits to the economy, environment, and public health.
   (7) Minimize the administrative burden of implementing and
complying with these regulations.
   (8) Minimize leakage.
   (9) Consider the significance of the contribution of each source
or category of sources to statewide emissions of greenhouse gases.
   (c) In furtherance of achieving the statewide greenhouse gas
emissions limit, by January 1, 2011, the state board may adopt a
regulation that establishes a system of market-based declining annual
aggregate emission limits for sources or categories of sources that
emit greenhouse  gas emissions   gases  ,
applicable from January 1, 2012, to December 31, 2020, inclusive,
that the state board determines will achieve the maximum
technologically feasible and cost-effective reductions in 
greenhouse gas  emissions  of greenhouse gases  ,
in the aggregate, from those sources or categories of sources.
   (d) Any regulation adopted by the state board pursuant to this
part or Part 5 (commencing with Section 38570) shall ensure all of
the following:
   (1) The greenhouse gas emission reductions achieved are real,
permanent, quantifiable, verifiable, and enforceable by the state
board.
   (2) For regulations pursuant to Part 5 (commencing with Section
38570), the reduction is in addition to any greenhouse gas emission
reduction otherwise required by law or regulation, and any other
greenhouse gas emission reduction that otherwise would occur.
   (3) If applicable, the greenhouse gas emission reduction occurs
over the same time period and is equivalent in amount to any direct
emission reduction required pursuant to this division.
   (e) The state board shall rely upon the best available economic
and scientific information and its assessment of existing and
projected technological capabilities when adopting the regulations
required by this section.
   (f) The state board shall consult with the Public Utilities
Commission in the development of the regulations as they affect
electricity and natural gas providers in order to minimize
duplicative or inconsistent regulatory requirements.
   (g) After January 1, 2011, the state board may revise regulations
adopted pursuant to this section and adopt additional regulations to
further the provisions of this division.