Amended  IN  Assembly  March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3027

Introduced by Assembly Member O’Donnell

February 21, 2020

An act relating to biogas. An act to add and repeal Section 38567.5 of the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 3027, as amended, O’Donnell. Biogas: alternative delivery methods. California Global Warming Solutions Act of 2006: Low-Carbon Fuel Standard regulations.
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 approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. Pursuant to the act, the state board has adopted the Low-Carbon Fuel Standard regulations.
This bill would require the state board, through a public process, to consider before January 1, 2023, allowing renewable natural gas or biogas that is delivered via a common carrier pipeline to a crude oil production or transport facility from a source that the state board determines directly reduces emissions of methane in the state to generate specified credits under the Low-Carbon Fuel Standard regulations.

Existing law requires the Office of Environmental Health Hazard Assessment (OEHHA) to evaluate the environmental and health risks posed by various hazardous substances. Existing law requires OEHHA, in consultation with the State Air Resources Board, the Department of Toxic Substances Control, the Department of Resources Recycling and Recovery, and the California Environmental Protection Agency, to compile a list of constituents of concern that could pose risks to human health and that are found in biogas, as defined, at concentrations that significantly exceed the concentrations of those constituents in natural gas. Existing law requires OEHHA to determine the health protective levels for that list, as specified, and requires the state board to identify realistic exposure scenarios and the health risks associated with those scenarios, as specified. Existing law requires the state board to determine appropriate concentrations of those constituents, as specified. Existing law requires the Public Utilities Commission to adopt standards for constituents that may be found in biomethane that is to be injected into a common carrier pipeline to protect human health and pipeline integrity and safety, and requires the commission to adopt monitoring, testing, reporting, and recordkeeping requirements for biogas.

This bill would state the intent of the Legislature to enact subsequent legislation to evaluate alternative delivery methods of biogas that reduces the emissions of methane gas.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38567.5 is added to the Health and Safety Code, to read:

38567.5.
 (a) The state board, through a public process that may include a workshop, shall consider allowing renewable natural gas or biogas that is delivered via a common carrier pipeline to a crude oil production or transport facility from a source that the state board determines directly reduces emissions of methane in the state to generate Credits for Producing and Transporting Crudes Using Innovative Methods under the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).
(b) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation to evaluate alternative delivery methods of biogas that reduces the emissions of methane gas.