Bill Text: CA AB2027 | 2013-2014 | Regular Session | Introduced
Bill Title: California Global Warming Solutions Act of 2006: reporting and verification: violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-28 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2027 Detail]
Download: California-2013-AB2027-Introduced.html
BILL NUMBER: AB 2027 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 20, 2014
An act to amend Sections 38530 and 38580 of the Health and Safety
Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 2027, as introduced, Logue. California Global Warming Solutions
Act of 2006: reporting and verification: violations.
The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program.
This bill would require the state board to utilize the greenhouse
gas emissions data submitted in reports as part of the Low-Carbon
Fuel Standard regulation in lieu of requiring the submission of the
same greenhouse gas emissions data pursuant to the Mandatory
Reporting of Greenhouse Gas Emissions regulation. The bill,
commencing January 1, 2015, would prohibit the state board from
requiring a regulated entity to report the same greenhouse gas
emissions data in more than one program adopted pursuant to the act.
The bill, commencing January 1, 2015, would require it not be a
violation of any rule, regulation, order, emission limitation,
emissions reduction measure, or other measure adopted by the state
board if a regulated entity did not submit greenhouse gas emissions
data pursuant to a rule, regulation, order, emission limitation,
emissions reduction measure, or other measure if the state board
already possessed that greenhouse gas emissions data pursuant to
another rule, regulation, order, emission limitation, emissions
reduction measure, or other measure.
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. 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 this program.
(b) The regulations shall do all of the following:
(1) Require the monitoring and annual reporting of greenhouse gas
emissions from greenhouse gas emission
emissions sources beginning with the sources or categories of
sources that contribute the most to statewide emissions.
(2) Account for greenhouse gas emissions from all electricity
consumed in the state, including transmission and distribution line
losses from electricity generated within the state or imported from
outside the state. This requirement applies to all retail sellers of
electricity, including load-serving entities as defined in
subdivision (j) of Section 380 of the Public Utilities Code and local
publicly owned electric utilities as defined in Section
9604 224.3 of the Public Utilities Code.
(3) Where appropriate and to the maximum extent feasible,
incorporate the standards and protocols developed by the former
California Climate Action Registry, established pursuant to
the former Chapter 6 (commencing with Section 42800) of
Part 4 of Division 26. Entities that voluntarily participated in the
California Climate Action Registry prior to December 31, 2006, and
have developed a greenhouse gas emission
emissions reporting program, program
shall not be required to significantly alter their reporting or
verification program except as necessary to ensure that reporting is
complete and verifiable for the purposes of compliance with this
division as determined by the state board.
(4) Ensure rigorous and consistent accounting of emissions, and
provide reporting tools and formats to ensure collection of necessary
data.
(5) Ensure that greenhouse gas emission
emissions sources maintain comprehensive records of all
reported greenhouse gas emissions.
(c) The state board shall do both all
of the following:
(1) Periodically review and update its emission reporting
requirements, as necessary.
(2) Review existing and proposed international, federal, and state
greenhouse gas emission emissions
reporting programs and make reasonable efforts to promote consistency
among the programs established pursuant to this part and other
programs, and to streamline reporting requirements on greenhouse gas
emission emissions sources.
(3) Utilize the greenhouse gas emissions data submitted in reports
as part of the Low-Carbon Fuel Standard regulations (Subarticle 7
(commencing with Section 95480) of Article 4 of Subchapter 10 of
Chapter 1 of Division 3 of Title 17 of the California Code of
Regulations) in lieu of requiring the submission of the same
greenhouse gas emissions data pursuant to the Mandatory Reporting of
Greenhouse Gas Emissions regulation (Subarticle 1 (commencing with
Section 95101) of Article 2 of Subchapter 10 of Chapter 1 of Division
3 of Title 17 of the California Code of Regulations).
(d) Commencing January 1, 2015, the state board shall not require
a regulated entity to report greenhouse gas emissions data in more
than one program adopted pursuant to this division.
SEC. 2. Section 38580 of the Health and Safety Code is amended to
read:
38580. (a) 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.
(b) (1) Any A violation of any rule,
regulation, order, emission limitation, emissions reduction measure,
or other measure adopted by the state board pursuant to this
division may be enjoined pursuant to Section 41513, and the violation
is subject to those penalties set forth in Article 3 (commencing
with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5
(commencing with Section 43025) of Part 5 of, Division 26.
(2) Any A violation of any rule,
regulation, order, emission limitation, emissions reduction measure,
or other measure adopted by the state board pursuant to this division
shall be deemed to result in an emission of an air contaminant for
the purposes of the penalty provisions of Article 3 (commencing with
Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing
with Section 43025) of Part 5 of, Division 26.
(3) The state board may develop a method to convert a violation of
any rule, regulation, order, emission limitation, or other emissions
reduction measure adopted by the state board pursuant to this
division into the number of days in violation, where appropriate, for
the purposes of the penalty provisions of Article 3 (commencing with
Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5
(commencing with Section 43025) of Part 5 of, Division 26.
(c) Section 42407 and subdivision (i) of Section 42410 shall not
apply to this part.
(d) Commencing January 1, 2015, it shall not be a violation of any
rule, regulation, order, emission limitation, emissions reduction
measure, or other measure adopted by the state board if a regulated
entity did not submit greenhouse gas emissions data pursuant to a
rule, regulation, order, emission limitation, emissions reduction
measure, or other measure if the state board already possessed that
greenhouse gas emissions data pursuant to another rule, regulation,
order, emission limitation, emissions reduction measure, or other
measure.
