Bill Text: CA SB533 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Inglewood Unified School District: emergency loan.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-14 - Chaptered by Secretary of State. Chapter 325, Statutes of 2012. [SB533 Detail]

Download: California-2011-SB533-Amended.html
BILL NUMBER: SB 533	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senators Wright and Correa
   (Coauthor: Assembly Member Bill Berryhill)

                        FEBRUARY 17, 2011

   An act to amend Section 38505 of, and to add Section 38566 to, the
Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 533, as amended, Wright. California Global Warming Solutions
Act of 2006: State Air Resources Board regulations.
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum,
technologically feasible, and cost-effective greenhouse gas emission
reductions.
   This bill would require the state board to make available to the
public, at the time that the state board adopts a regulation pursuant
to the act, any implementation schedule that is required to comply
with that regulation. If a regulation adopted by the state board
specifically requires a reporting form  ,   or
 a compliance tool,  or training,   as
defined,  the state board would be required to make this
information available to the public on the state board's Internet Web
site at least 60 days prior to the date the information is required
 in accordance with the implementation schedule 
 for compliance with the regulation. The bill would require
training specifically required by a regulation to be made available
at least 60 days prior to the compliance date for which the training
is required  . The bill would authorize the state board to
revise a required implementation schedule, reporting form,  or
 compliance tool  , or training  after adoption
of a regulation, if the state board makes a specified modification.

   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 38505 of the Health and Safety Code is amended
to read:
   38505.  For the purposes of this division, the following terms
have the following meanings:
   (a) "Allowance" means an authorization to emit, during a specified
year, up to one ton of carbon dioxide equivalent.
   (b) "Alternative compliance mechanism" means an action undertaken
by a greenhouse gas emission source that achieves the equivalent
reduction of greenhouse gas emissions over the same time period as a
direct emission reduction, and that is approved by the state board.
"Alternative compliance mechanism" includes, but is not limited to, a
flexible compliance schedule, alternative control technology, a
process change, or a product substitution.
   (c) "Carbon dioxide equivalent" means the amount of carbon dioxide
by weight that would produce the same global warming impact as a
given weight of another greenhouse gas, based on the best available
science, including from the Intergovernmental Panel on Climate
Change.
   (d) "Compliance tool" means  an item   any of
the following items  specified in a regulation  for
compliance, including computer models, databases, algorithms,
formulas, forms, software, labels, protocols, and metrics required
for compliance.   for compliance: (1) computer 
 models, (2) databases, (3) algorithms, (4) formulas, (5) forms,
(6) software, (7) labels, (8) protocols, and (9) data required for
compliance. 
   (e) "Cost-effective" or "cost-effectiveness" means the cost per
unit of reduced emissions of greenhouse gases adjusted for its global
warming potential.
   (f) "Direct emission reduction" means a greenhouse gas emission
reduction action made by a greenhouse gas emission source at that
source.
   (g) "Emissions reduction measure" means a program, measure,
standard, or alternative compliance mechanism authorized pursuant to
this division, applicable to sources or categories of sources, that
is designed to reduce emissions of greenhouse gases.
   (h) "Greenhouse gas" or "greenhouse gases" includes all of the
following gases:
   (1) Carbon dioxide.
   (2) Methane.
   (3) Nitrous oxide.
   (4) Hydrofluorocarbons.
   (5) Perfluorocarbons.
   (6) Sulfur hexafluoride.
   (7) Nitrogen trifluoride.
   (i) "Greenhouse gas emissions limit" means an authorization,
during a specified year, to emit up to a level of greenhouse gases
specified by the state board, expressed in tons of carbon dioxide
equivalents.
   (j) "Greenhouse gas emission source" or "source" means any source,
or category of sources, of greenhouse gas emissions whose emissions
are at a level of significance, as determined by the state board,
that its participation in the program established under this division
will enable the state board to effectively reduce greenhouse gas
emissions and monitor compliance with the statewide greenhouse gas
emissions limit.
   (k) "Leakage" means a reduction in emissions of greenhouse gases
within the state that is offset by an increase in emissions of
greenhouse gases outside the state.
   (l) "Market-based compliance mechanism" means either of the
following:
   (1) A system of market-based declining annual aggregate emissions
limitations for sources or categories of sources that emit greenhouse
gases.
   (2) Greenhouse gas emissions exchanges, banking, credits, and
other transactions, governed by rules and protocols established by
the state board, that result in the same greenhouse gas emission
reduction, over the same time period, as direct compliance with a
greenhouse gas emission limit or emission reduction measure adopted
by the state board pursuant to this division. 
   (m) "Metric" means a unit and standard of measurement by which
efficiency, performance, progress, or quality of a plan, process, or
product can be assessed.  
   (n) 
    (m)  "State board" means the State Air Resources Board.

   (o) 
    (n)  "Statewide greenhouse gas emissions" means the
total annual emissions of greenhouse gases in the state, including
all emissions of greenhouse gases from the generation of electricity
delivered to and consumed in California, accounting for transmission
and distribution line losses, whether the electricity is generated in
state or imported. Statewide emissions shall be expressed in tons of
carbon dioxide equivalents. 
   (p) 
    (o)  "Statewide greenhouse gas emissions limit" or
"statewide emissions limit" means the maximum allowable level of
statewide greenhouse gas emissions in 2020, as determined by the
state board pursuant to Part 3 (commencing with Section 38550).
  SEC. 2.  Section 38566 is added to the Health and Safety Code, to
read:
   38566.  (a) (1) The state board shall make available to the
public, at the time the state board adopts a regulation pursuant to
this division, any implementation schedule that is required to comply
with the regulation.
   (2) If a regulation adopted pursuant to this division specifically
requires a reporting form  , compliance tool, or training
  or compliance tool  , the state board shall make
the required reporting form  , compliance tool, or training
  or compliance tool  available to the public on
the state board's Internet Web site at least 60 days prior to the
date on which the reporting form  , compliance tool, or
training is required in accordance with the implementation schedule.
  or compliance tool is required for compliance with the
regulation.  
   (3) Training specifically required by a regulation adopted
pursuant to this division shall be made available at least 60 days
prior to the compliance date for which the training is required.

   (b) The state board may revise an implementation schedule,
reporting form,  compliance tool, or training  
or compliance tool required to be made available to the public
pursuant to subdivision (a) after it adopts a regulation, if the
state board modifies the compliance deadline for the  revised
 regulatory requirement  regulation  to allow
regulated entities  at least  60 days to comply.
   (c) This section does not excuse compliance from a regulation
adopted before January 1, 2012, that does not meet the requirements
of subdivision (a), or require the state board to readopt or amend a
regulation approved by the state board before January 1, 2012.
                
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