Bill Text: CA SB207 | 2015-2016 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB207 Detail]
Download: California-2015-SB207-Amended.html
BILL NUMBER: SB 207 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2015
INTRODUCED BY Senator Wieckowski
FEBRUARY 11, 2015
An act to amend Section 39716 of the Health and Safety
16428.9 of the Government Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
SB 207, as amended, Wieckowski. California Global Warming
Solutions Act of 2006: Greenhouse Gas Reduction Fund:
investment plan. Fund.
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
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 the auction or
sale of allowances as part of 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, in consultation with the
state board and any other relevant state agency, to develop, as
specified, a 3-year investment plan for the moneys deposited in the
Greenhouse Gas Reduction Fund. Existing law requires a
state agency expending moneys from the fund to create a record,
prior to the expenditure, that includes, among other things, a
description of the expenditure proposed to be made and a description
of how the proposed expenditure will contribute to achieving and
maintaining greenhouse gas emissions reductions, as specified.
This bill would additionally require the 3-year investment plan to
identify conflicting or overlapping policies, where applicable, in
current state strategies to meeting the state's greenhouse gas
emissions reduction goals and targets by sector.
This bill would require that record to be posted on the Internet
Web sites of the state agency and the State Air Resources Board prior
to the state agency expending those moneys.
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 16428.9 of the
Government Code is amended to read:
16428.9. (a) Prior to expending any moneys appropriated to
it a state agency by the Legislature
from the fund, a state agency shall prepare a record
consisting of all of the following shall occur :
(1) A state agency shall prepare a record consisting of all of the
following:
(1)
(A) A description of each expenditure proposed to be
made by the state agency pursuant to the appropriation.
(2)
(B) A description of how a proposed expenditure will
further the regulatory purposes of Division 25.5 (commencing with
Section 38500) of the Health and Safety Code, including, but not
limited to, the limit established under Part 3 (commencing with
Section 38550) and other applicable requirements of law.
(3)
(C) A description of how a proposed expenditure will
contribute to achieving and maintaining greenhouse gas
emission emissions reductions pursuant to
Division 25.5 (commencing with Section 38500) of the Health and
Safety Code.
(4)
(D) A description of how the state agency considered
the applicability and feasibility of other nongreenhouse gas
emissions reduction objectives of Division 25.5 (commencing
with Section 38500) of the Health and Safety Code.
(5)
(E) A description of how the state agency will document
the result achieved from the expenditure to comply with Division
25.5 (commencing with Section 35800) of the Health and Safety Code.
(2) A state agency shall post on its Internet Web site the record
required to be prepared pursuant to paragraph (1).
(3) The State Air Resources Board shall post on its Internet Web
site the record a state agency is required to prepare pursuant to
paragraph (1).
(b) The State Air Resources Board shall develop guidance on
reporting and quantification methods for all state agencies that
receive appropriations from the fund to ensure the requirements of
this section are met. Chapter The
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 3)
does not apply to the procedures developed pursuant to this
subdivision.
(c) Nothing in this section alters, amends, or otherwise modifies
in any manner Division 25.5 (commencing with Section 35800) of the
Health and Safety Code, including the authority of the State Air
Resources Board to adopt and implement a fee pursuant to that
division.
(d) If any expenditure of moneys from the fund for any measure or
project is determined by a court to be inconsistent with law, the
funding for the remaining measures or projects shall be severable and
shall not be affected.
SECTION 1. Section 39716 of the Health and
Safety Code is amended to read:
39716. (a) The Department of Finance, on behalf of the Governor,
and in consultation with the state board and any other relevant state
entity, shall develop and submit to the Legislature at the time of
the department's adjustments to the proposed 2013-14 fiscal year
budget pursuant to subdivision (e) of Section 13308 of the Government
Code a three-year investment plan. Commencing with the 2016-17
fiscal year budget and every three years thereafter, with the release
of the Governor's budget proposal, the Department of Finance shall
include updates to the investment plan following the public process
described in subdivisions (b) and (c). The investment plan,
consistent with the requirements of Section 39712, shall do all of
the following:
(1) Identify the state's near-term and long-term greenhouse gas
emissions reduction goals and targets by sector.
(2) Analyze gaps and identify conflicting or overlapping policies,
where applicable, in current state strategies to meeting the state's
greenhouse gas emissions reduction goals and targets by sector.
(3) Identify priority programmatic investments of moneys that will
facilitate the achievement of feasible and cost-effective greenhouse
gas emissions reductions toward achievement of greenhouse gas
reduction goals and targets by sector, consistent with subdivision
(c) of Section 39712.
(b) (1) The state board shall hold at least two public workshops
in different regions of the state and one public hearing prior to the
Department of Finance submitting the investment plan.
(2) The state board, prior to the submission of each investment
plan, shall consult with the Public Utilities Commission to ensure
the investment plan is coordinated with, and does not conflict with
or unduly overlap with, activities under the oversight or
administration of the Public Utilities Commission undertaken pursuant
to Part 5 (commencing with Section 38570) of Division 25.5 or other
activities under the oversight or administration of the Public
Utilities Commission that facilitate greenhouse gas emissions
reductions consistent with this division. The investment plan shall
include a description of the use of any moneys generated by the sale
of allowances received at no cost by the investor-owned utilities
pursuant to a market-based compliance mechanism.
(c) The Climate Action Team, established under Executive Order
S-3-05, shall provide information to the Department of Finance and
the state board to assist in the development of each investment plan.
The Climate Action Team shall participate in each public workshop
held on an investment plan and provide testimony to the state board
on each investment plan. For purposes of this section, the Secretary
of Labor and Workforce Development shall assist the Climate Action
Team in its efforts.
