Bill Text: CA AB398 | 2017-2018 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006: market-based compliance mechanisms: fire prevention fees: sales and use tax manufacturing exemption.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2017-07-25 - Chaptered by Secretary of State - Chapter 135, Statutes of 2017. [AB398 Detail]
Download: California-2017-AB398-Amended.html
Amended
IN
Senate
July 10, 2017 |
Amended
IN
Assembly
May 26, 2017 |
Amended
IN
Assembly
April 17, 2017 |
Amended
IN
Assembly
March 28, 2017 |
Assembly Bill | No. 398 |
Introduced by Assembly |
February 09, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air
pollution, and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.
This bill would require the state board to appoint a dedicated ombudsman to respond to requests for data and analyses that are not readily available to the public and would require those requests to be processed in a timely manner.
This bill would
authorize the air districts to coordinate efforts with the state board to compile data on the emissions of air pollution, including the emissions of greenhouse gases.
The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources of emissions of greenhouse gases.
The act 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 from a market-based compliance mechanism 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 to annually submit a report to the appropriate committees of the Legislature on the status of the projects funded with moneys from the fund.
This bill would require the department to include additional information in its annual report to the Legislature, including, among other things, the greenhouse gas emissions reductions attributable to each project and the geographic location, industry sector, and number of employees of the business entities, as defined, receiving moneys from the fund. The bill would require state agencies expending moneys from the fund to condition the acceptance
of those moneys on the recipient providing information necessary to meet the reporting requirements.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 38501 of the Health and Safety Code is amended to read:38501.
The Legislature finds and declares all of the following:(i)
SEC. 2.
Section 38501 is added to the Health and Safety Code, to read:38501.
(a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems.SEC. 3.
Section 38505.5 is added to the Health and Safety Code, to read:38505.5.
(a) “District” has the same meaning as in Section 39025.SEC. 4.
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(c)In furtherance of achieving the statewide greenhouse gas emissions limit, by January 1, 2011, the
SEC. 5.
Section 38562 is added to the Health and Safety Code, to read:38562.
(a) On or before January 1, 2011, the state board shall adopt greenhouse gas emissions limits and emissions reduction measures by regulation to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit, to become operative beginning on January 1, 2012.SEC. 6.
Section 38590.1 is added to the Health and Safety Code, to read:38590.1.
(a) It is the intent of the Legislature that moneys collected from the auction or sale of allowances pursuant to a market-based compliance mechanism established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) shall be appropriated to include, but need not be limited to, the following priorities at the time an expenditure plan is adopted:SEC. 7.
Section 38591.1 is added to the Health and Safety Code, to read:38591.1.
(a) The Compliance Offsets Protocol Task Force is hereby established to provide guidance to the state board in approving new offset protocols for a market-based compliance mechanism for the purposes of increasing offset projects with direct environmental benefits in the state while prioritizing disadvantaged communities, Native American or tribal lands, and rural and agricultural regions. The state board shall appoint members to the Compliance Offsets Protocol Task Force to include a representative from each stakeholder group, including, but not limited to, all following:SEC. 8.
Section 38591.2 is added to the Health and Safety Code, to read:38591.2.
(a) The Independent Emissions Market Advisory Committee is hereby established within the California Environmental Protection Agency.SEC. 9.
Section 38591.3 is added to the Health and Safety Code, to read:38591.3.
(a) No later than January 1, 2019, the California Workforce Development Board, in consultation with the state board, shall report to the Legislature on the need for increased education, career technical education, job training, and workforce development resources or capacity to help industry, workers, and communities transition to economic and labor-market changes related to statewide greenhouse gas emissions reduction goals, pursuant to Sections 38550 and 38566, and the scoping plan, adopted pursuant to Section 38561. The California Workforce Development Board shall ensure that the report aligns, as appropriate, with California’s Unified Strategic Workforce Development Plan, developed by the California Workforce Development Board. The California Workforce Development Board and the state board shall work in consultation with all of the following:SEC. 10.
Section 38592.5 is added to the Health and Safety Code, to read:38592.5.
(a) (1) No later than January 1, 2018, the state board shall update the scoping plan, prepared pursuant to Section 38561, to achieve the greenhouse gas emissions reductions required pursuant to Section 38566. The state board shall designate the market-based compliance mechanism adopted pursuant to subdivision (c) of Section 38562 as the rule for petroleum refineries and oil and gas production facilities to achieve their greenhouse gas emissions reductions.SEC. 11.
Section 38592.6 is added to the Health and Safety Code, to read:38592.6.
(a) The Legislative Analyst’s Office shall, until January 1, 2030, annually report to the Legislature on the economic impacts and benefits of the greenhouse gas emissions targets established pursuant to Sections 38550 and 38566.SEC. 12.
Section 38594 of the Health and Safety Code is amended to read:38594.
SEC. 13.
Section 38594 is added to the Health and Safety Code, to read:38594.
(a) Nothing in this division shall limit or expand the existing authority of any district, as defined in Section 39025.SEC. 14.
Section 4213.05 is added to the Public Resources Code, to read:4213.05.
(a) Commencing with the 2017–18 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be suspended, effective July 1, 2017. Any moneys held in reserve in the State Responsibility Area Fire Responsibility Fund shall be appropriated by the Legislature in a manner consistent with subdivision (d) of Section 4214.SEC. 15.
Article 3 (commencing with Section 4229) is added to Chapter 1.5 of Part 2 of Division 4 of the Public Resources Code, to read:Article 3. Repeal
4229.
This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2031, deletes or extends that date.SEC. 16.
Section 6377.1 of the Revenue and Taxation Code is amended to read:6377.1.
(a) Except as provided in subdivision (e), on or after July 1, 2014, and before(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
SEC. 17.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:(a)The state board shall appoint a dedicated ombudsman to respond to requests for data and analyses that are not readily available to the public.
(b)The state board shall process requests for data and analyses in a timely manner.
The districts may coordinate efforts with the state board to compile data on the emissions of air pollution,
including the emissions of greenhouse
gases, consistent with Section 39607.
(a)Notwithstanding Section 10231.5 of the Government Code, the Department of Finance shall submit an annual report to the appropriate committees of the Legislature on the status of projects funded pursuant to this part and their outcomes.
(b)(1)The report, at a minimum, shall include all of the following:
(A)The greenhouse gas emissions reductions attributable to each project.
(B)The environmental and public health benefits, as applicable, attributable to each project.
(C)Actions and outcomes from those actions taken to assist residents of disadvantaged communities, as identified pursuant to Section 39711, and other target populations with the business, employment, and training opportunities offered through activities funded in whole or in part with moneys from the fund.
(D)The geographic location, industry sector, and number of employees of the business entities receiving moneys from the fund.
(E)The number of jobs created, including wage levels, by the business entities receiving moneys from the fund. Wage levels shall be reported in ranges determined by the state board in consultation with the California Environmental Protection Agency.
(F)The amount of other public or private
moneys leveraged with investments from the fund.
(2)The California Workforce Development Board and the Governor’s Office of Business and Economic Development may identify the other target populations referenced in subparagraph (C) of paragraph (1).
(3)Subparagraphs (D) and (E) of paragraph (1) shall apply only to investments made after February 1, 2018.
(c)State agencies expending moneys pursuant to this chapter shall condition the acceptance of those moneys on the recipient providing the information necessary to meet the reporting requirements of this section. Program data received for the purposes of meeting the requirements of this section shall be available to the public and may be provided separately from
the report.
(d)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(e)The Secretary for Environmental Protection shall post a link to the report on the state’s primary climate change and Greenhouse Gas Reduction Fund Internet Web site, as determined by the secretary.
(f)For purposes of this section, the following definitions apply:
(1)“Business entity” means any firm operating in the state as a nonprofit, sole proprietorship, general partnership, limited partnership, limited liability partnership, limited liability company, or corporation.
(2)“Target populations” means communities and groups of individuals that experience high levels of unemployment or poverty.