Bill Text: CA AB197 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Air Resources Board: greenhouse gases: regulations.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-08 - Chaptered by Secretary of State - Chapter 250, Statutes of 2016. [AB197 Detail]

Download: California-2015-AB197-Amended.html

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BILL NUMBER: AB 197	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 8, 2016
	AMENDED IN ASSEMBLY  APRIL 29, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Eduardo Garcia

                        JANUARY 28, 2015

   An act to add Article 7.6 (commencing with Section 9147.10) to
Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, and to amend Section 39510 of, and to add Sections 38562.5 and
38562.7 to, the Health and Safety Code, relating to air resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 197, as amended, Eduardo Garcia. State Air Resources Board:
greenhouse gases.
   (1) Existing law establishes the State Air Resources Board
consisting of 14 members and vests the state board with regulatory
jurisdiction over air quality issues.
   This bill would add 2 Members of the Legislature to the state
board as  ex-officio,   ex officio, 
nonvoting members. The bill would provide that the voting members of
the state board are appointed for staggered 6-year  terms.
  terms and upon expiration of the term of office of a
voting member, the appointing   authority may reappoint that
member to a new term of office, subject to specified requirements.
 The bill would require the state board to establish the initial
staggered terms. The bill would create the Joint Legislative
Committee on Climate Change Policies consisting of 3 Members of the
Senate and 3 Members of the Assembly and would require the committee
to ascertain facts and make recommendations to the Legislature and to
the houses of the Legislature concerning the state's programs and
policies related to climate change
   (2) The California Global Warming Solutions Act of 2006 designates
the state board as the state agency charged with monitoring and
regulating sources of emissions of greenhouse gases. The act requires
the board to adopt greenhouse gas emissions limits and emission
reduction measures by regulation, and authorizes the state board to
include the use of market-based compliance mechanisms to comply with
the regulations.
   This bill would require the state board to consider adopting
measures to meet the greenhouse gas emissions limits based on a
specified priority. The bill would require the state board to rank
all greenhouse gas emissions reduction measures, as specified. The
bill would require the state board to make available to the public
all data related to the ranking and to provide annually a
presentation of the ranking at one of its regular meeting.
   (3) This bill would become operative only if SB 32 of the 2015-16
Regular Session is enacted and becomes effective on or before January
1, 2017.
   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.  Article 7.6 (commencing with Section 9147.10) is added
to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, to read:

      Article 7.6.  Joint Legislative Committee on Climate Change
Policies


   9147.10.  (a) The Joint Legislative Committee on Climate Change
Policies is hereby created. The committee shall ascertain facts and
make recommendations to the Legislature concerning the state's
programs and policies related to climate change.
   (b) The committee shall consist of three Members of the Senate and
three Members of the Assembly who shall be selected in the manner
provided for in the Joint Rules of the Senate and Assembly. The
committee shall elect its own chair. A vacancy occurring in the
membership of the committee shall be filled in the manner provided
for in the Joint Rules of the Senate and Assembly. A vacancy is
deemed to exist as to any member of the committee whose term is
expiring whenever the member is not reelected at the general
election.
  SEC. 2.  Section 38562.5 is added to the Health and Safety Code, to
read:
   38562.5.  The state board shall consider adopting measures to
achieve the statewide greenhouse gas emissions limits adopted
pursuant to this division based on the following priority:
   (a) Measures that result in direct reductions in the emissions of
greenhouse gases from large stationary sources, such as oil
refineries, and the transportation sector in the most technologically
feasible and  cost effective   cost-effective
 manner possible that accounts for the societal costs of the
emissions of greenhouse gases.
   (b) Measures that result in direct reductions in the emissions of
greenhouse gases from sources other than those specified in
subdivision (a) in the most technologically feasible and 
cost effective   cost-effective  manner possible
that accounts for the societal costs of the emissions of greenhouse
gases.
  SEC. 3.  Section 38562.7 is added to the Health and Safety Code, to
read:
   38562.7.  (a) The state board shall rank all emission reduction
measures adopted pursuant to this part based on both of the
following:
   (1) The reductions in the emissions of greenhouse gases, criteria
pollutants, and toxic air contaminants resulting from the
implementation of the measure.
   (2) The cost-effectiveness of the measure.
   (b) The state board shall make available to the public all data
related to its ranking pursuant to subdivision (a) and annually
provide a presentation on the ranking at a regular meeting of the
state board.
  SEC. 4.  Section 39510 of the Health and Safety Code is amended to
read:
   39510.  (a) The State Air Resources Board is continued in
existence in the California Environmental Protection Agency. The
state board shall consist of 14 voting members.
   (b) Twelve members shall be appointed by the Governor, with the
consent of the Senate, on the basis of their demonstrated interest
and proven ability in the field of air pollution control and their
understanding of the needs of the general public in connection with
air pollution problems.
   (c) Of the members appointed pursuant to subdivision (b), six
members shall have the following qualifications:
   (1) One member shall have training and experience in automotive
engineering or closely related fields.
   (2) One member shall have training and experience in chemistry,
meteorology, or related scientific fields, including agriculture or
law.
   (3) One member shall be a physician and surgeon or an authority on
health effects of air pollution.
   (4) Two members shall be public members.
   (5) One member shall have the qualifications specified in
paragraph (1), (2), or (3) or shall have experience in the field of
air pollution control.
   (d) Of the members appointed pursuant to subdivision (b), six
members shall be board members from districts who shall reflect the
qualitative requirements of subdivision (c) to the extent
practicable. Of these members:
   (1) One shall be a board member from the south coast district.
   (2) One shall be a board member from the bay district.
   (3) One shall be a board member from the San Joaquin Valley
Unified Air Pollution Control District.
   (4) One shall be a board member from the San Diego County Air
Pollution Control District.
   (5) One shall be a board member from the Sacramento district, the
Placer County Air Pollution Control District, the Yolo-Solano Air
Quality Management District, the Feather River Air Quality Management
District, or the El Dorado County Air Pollution Control District.
   (6) One shall be a board member of any other district.
   (e) The Senate Committee on Rules and the Speaker of the Assembly
shall each appoint one member to the state board who shall be a
person who works directly with communities in the state that are most
significantly burdened by, and vulnerable to, high levels of
pollution, including, but not limited to, communities with diverse
racial and ethnic populations and communities with low-income
populations.
   (f) Any vacancy shall be filled by the appointing authority within
30 days of the date on which it occurs. If the Governor fails to
make an appointment for any vacancy within the 30-day period, the
Senate Committee on Rules may make the appointment to fill the
vacancy in accordance with this section.
   (g) While serving on the state board, all members shall exercise
their independent judgment as officers of the state on behalf of the
interests of the entire state in furthering the purposes of this
division. A member of the state board shall not be precluded from
voting or otherwise acting upon any matter solely because that member
has voted or acted upon the matter in his or her capacity as a
member of a district board, except that a member of the state board
who is also a member of a district board shall not participate in any
action regarding his or her district taken by the state board
pursuant to Sections 41503 to 41505, inclusive.
   (h) (1) Except for initial staggered terms that shall be
established by the state board, the term of office for the voting
members shall be six years.  Upon expiration of the term of
office of a voting member, the appointing authority may reappoint
that member to a new term of office, subject to the requirement of
subdivision (b), if applicable. 
   (2) Notwithstanding paragraph (1), a person who is a member of the
state board pursuant to subdivision (d) shall not continue as a
member if he or she ceases to hold the membership that qualifies that
person to be appointed as a member of the state board. The
membership on the state board held by that person shall terminate
immediately upon ceasing to hold that qualifying membership.
   (i) In addition to subdivision (a), two Members of the Legislature
shall serve as ex-officio,   ex officio, 
nonvoting members of the state board. One member shall be appointed
by the Senate Committee on Rules. One member shall be appointed by
the Speaker of the Assembly.
  SEC. 5.  This act shall become operative only if Senate Bill 32 of
the 2015-16 Regular Session is enacted and becomes effective on or
before January 1, 2017.