Bill Text: CA SB721 | 2009-2010 | Regular Session | Amended
Bill Title: Energy: greenhouse gas emissions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB721 Detail]
Download: California-2009-SB721-Amended.html
BILL NUMBER: SB 721 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2009
INTRODUCED BY Senator Steinberg
FEBRUARY 27, 2009
An act to amend Sections 12891 and 12892 of, and to add Section
14033 to, the Government Code, and to amend Sections
25620 and 25620.1 of, and to add Part 5 (commencing with Section
71400) to Division 34 of, the Public Resources Code, relating to
energy.
LEGISLATIVE COUNSEL'S DIGEST
SB 721, as amended, Steinberg. Energy: greenhouse gas emissions.
(1) 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, and requires the state board to adopt a statewide greenhouse
gas (GHG) emissions limit equivalent to the statewide GHG emissions
levels in 1990 to be achieved by 2020. The act requires the state
board to adopt rules and regulations in an open public process to
achieve the maximum technologically feasible and cost-effective GHG
emission reductions. The act requires all state agencies to consider
and implement strategies to reduce their GHG emissions.
This bill would create the Climate Action Team (CAT), consisting
of representatives from specified state agencies, that would be
responsible for coordinating the state's overall climate policy. The
CAT, on or before January 1, 2011, and annually thereafter, would be
required to prepare, adopt, and present to the Legislature, a
strategic research, development, demonstration, and deployment plan
that establishes priorities and identifies key expenditure categories
for research, development, demonstration, and deployment funds to be
expended by the state agencies represented on the CAT for the
following fiscal year. The bill would require a state agency that is
represented on the CAT to expend research, development,
demonstration, and deployment funds, which would be administered by
the Department of Transportation and allocated for clean technology,
environmental protection, and public interest energy research,
consistent with this plan. The CAT, on or before January 1, 2011, and
biennially thereafter, would also be required to prepare and adopt a
climate change impact mitigation and adaptation plan that includes
specified information.
(2) Existing law requires specified state agencies to prepare and
submit to the Secretary for Environmental Protection, in a
standardized format as determined by the California Environmental
Protection Agency, specified information relating to the state agency'
s GHG emissions, including a list of measures adopted and implemented
by the agency to meet GHG emission reduction targets, as defined,
and a status report on GHG emissions reduced as a result of these
measures. The California Environmental Protection Agency, on or
before March 1, 2008 , and January 1, annually thereafter,
is required to provide that information on its Internet Web site in
the form of a state agency greenhouse gas emission reduction report
card.
This bill would, instead, require the specified state agencies to
prepare and submit to the CAT, the information in a standardized
format as determined by the Secretary for Environmental Protection.
The CAT would compile and organize the information submitted. The
bill would additionally require the specified state agencies to
submit information on other technologically feasible and
cost-effective measures related to operations and programs managed by
the state agencies that require statutory or regulatory changes for
their adoption, and an estimate of potential GHG emission reductions
from those measures.
Existing law requires the State Energy Resources Conservation and
Development Commission to develop, implement, and administer the
Public Interest, Development, and Demonstration Program to include a
full range of research, development, and demonstration projects that
are not adequately provided for by competitive and regulated energy
technology markets.
This bill would provide that demonstration , for
purposes of this program, includes, but is not limited to, grants and
loans to entities to commercialize new, cost-effective technologies
in the California marketplace.
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 12891 of the Government Code is amended to
read:
12891. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Climate Action Team" means the Climate Action Team
established pursuant to Section 71401 of the Public Resources Code.
(c) "Climate Action Team Report" means the report prepared
pursuant to Executive Order S-3-05 and submitted to the Governor and
the Legislature in March 2006.
(d) "GHG" means greenhouse gas as defined in subdivision (g) of
Section 38505 of the Health and Safety Code.
(e) "GHG emission reduction target" means a target established for
a state agency in the Climate Action Team Report, or a requirement
made applicable to that state agency by an action taken by the State
Air Resources Board pursuant to Division 25.5 (commencing with
Section 38500) of the Health and Safety Code.
(f) "Secretary" means the Secretary for Environmental Protection.
(g) "State agency" means a state agency listed in the Climate
Action Team Report, a state office, department, division, bureau,
board, or commission whose operations or programs result in
greenhouse gas emissions that are subject to Division 25.5
(commencing with Section 38500) of the Health and Safety Code, and
any other state agency listed in Section 12800, as determined by the
secretary.
SEC. 2. Section 12892 of the Government Code is amended to read:
12892. (a) On or before October 1 of each year, each state agency
shall prepare and submit to the Climate Action Team in a
standardized format as determined by the secretary all of the
following:
(1) A list of those measures that have been adopted and
implemented by the state agency to meet GHG emission reduction
targets and a status report on actual GHG emissions reduced as a
result of these measures.
(2) A list and timetable for adoption of any additional measures
needed to meet GHG emission reduction targets.
(3) An estimate of the department's own greenhouse gas emissions,
as well as an explanation of any increase or decrease compared to the
previous year's emissions.
(4) A list of other technologically feasible and cost-effective
measures related to the operations or programs managed by the state
agency that require statutory or regulatory changes for their
adoption, and an estimate of potential GHG emission reductions from
those measures.
(b) In order to reduce paperwork and workload, information
required to be submitted pursuant to this section may be submitted in
a standardized electronic format as determined by the agency.
(c) On or before January 1 of each year, the Climate Action Team
shall compile and organize the information submitted pursuant to this
section into a clear, standardized format, and shall provide that
information on the agency's Internet Web site in the form of a state
agency greenhouse gas emission reduction report card.
(d) The report card shall compare the actions taken and proposed
to be taken by individual state agencies and their projected annual
GHG emission reductions against the state agency GHG emission
reduction targets and statewide GHG emission reduction limits.
(e) Where appropriate, the report card shall include a statement
regarding the independent audits required by Section 12893.
(f) In conjunction with the Governor's Budget submitted pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution, on or before January 10 of each year, the agency shall
submit to the Legislature a comprehensive budget display that
includes both of the following:
(1) Funding proposals and base funding in the proposed Governor's
Budget for state agencies implementing climate solutions to meet the
greenhouse gas emissions reduction targets as specified in the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(2) A five-year work plan summary for each department included in
the comprehensive budget display that shows how staff and contracting
resources will be allocated to achieve specified climate solution
deliverables.
SEC. 3. Section 14033 is added to the Government Code, to read:
14033. The research, development, and demonstration funds
allocated for clean technology, environmental protection, and public
interest energy research administered by the department shall be
expended in accordance with the plan adopted pursuant to Section
71403 of the Public Resources Code.
SEC. 4. Section 25620 of the Public Resources Code is amended to
read:
25620. The Legislature hereby finds and declares all of the
following:
(a) It is in the best interests of the people of this state that
the quality of life of its citizens be improved by providing
environmentally sound, safe, reliable, and affordable energy services
and products.
(b) To improve the quality of life of this state's citizens, it is
proper and appropriate for the state to undertake public interest
energy research, development, and demonstration projects that are not
adequately provided for by competitive and regulated energy markets.
(c) Public interest energy research, demonstration, and
development projects should advance energy science or technologies of
value to California citizens and should be consistent with the
policies of this chapter.
(d) Public interest energy research, demonstration, and
development projects should be coordinated with other related state
programs and research needs to meet overall state policy objectives
related to energy efficiency, environmental protection, greenhouse
gas emission reduction, clean technology job creation, and climate
change adaptation in the most efficient manner possible.
(e) It is in the best interest of the people of California for the
commission to positively contribute to the overall economic climate
of the state within the roles and responsibilities of the commission
as defined by statute, regulation, and other official government
authority, including, but not limited to, providing economic benefits
to California-based entities.
SEC. 5. Section 25620.1 of the Public Resources Code is amended to
read:
25620.1. (a) The commission shall develop, implement, and
administer the Public Interest Research, Development, and
Demonstration Program that is hereby created. The program shall
include a full range of research, development, and demonstration
activities that, as determined by the commission, are not adequately
provided for by competitive and regulated markets. The commission
shall administer the program consistent with the policies of this
chapter.
(b) The general goal of the program is to develop, and help bring
to market, energy technologies that provide increased environmental
benefits, greater system reliability, and lower system costs, and
that provide tangible benefits to electric utility customers through
the following investments:
(1) Advanced transportation technologies that reduce air pollution
and greenhouse gas emissions beyond applicable standards, and that
benefit electricity and natural gas ratepayers.
(2) Increased energy efficiency in buildings, appliances,
lighting, and other applications beyond applicable standards, and
that benefit electric utility customers.
(3) Advanced electricity generation technologies that exceed
applicable standards to increase reductions in greenhouse gas
emissions from electricity generation, and that benefit electric
utility customers.
(4) Advanced electricity technologies that reduce or eliminate
consumption of water or other finite resources, increase use of
renewable energy resources, or improve transmission or distribution
of electricity generated from renewable energy resources.
(c) To achieve the goals established in subdivision (b), the
commission shall adopt a portfolio approach for the program that does
all of the following:
(1) Effectively balances the risks, benefits, and time horizons
for various activities and investments that will provide tangible
energy or environmental benefits for California electricity
customers.
(2) Emphasizes innovative energy supply and end-use technologies,
focusing on their reliability, affordability, and environmental
attributes.
(3) Includes projects that have the potential to enhance
transmission and distribution capabilities.
(4) Includes projects that have the potential to enhance the
reliability, peaking power, and storage capabilities of renewable
energy.
(5) Demonstrates a balance of benefits to all sectors that
contribute to the funding under Section 399.8 of the Public Utilities
Code.
(6) Addresses key technical and scientific barriers.
(7) Demonstrates a balance between short-term, mid-term, and
long-term potential.
(8) Ensures that prior, current, and future research not be
unnecessarily duplicated.
(9) Provides for the future market utilization of projects funded
through the program.
(10) Ensures an open project selection process and encourages the
awarding of research funding for a diverse type of research as well
as a diverse award recipient base and equally considers research
proposals from the public and private sectors.
(11) Coordinates with other related research programs.
(d) (1) The term "award," as used in this chapter, may include,
but is not limited to, contracts, grants, interagency agreements,
loans, and other financial agreements designed to fund public
interest research, demonstration, and development projects or
programs.
(2) The term "demonstration," as used in this chapter, may
include, but is not limited to, grants and loans to entities to
commercialize new, cost-effective technologies in the California
marketplace.
SEC. 6. Part 5 (commencing with Section 71400) is added to
Division 34 of the Public Resources Code, to read:
PART 5. Climate Change Research, Mitigation, Adaptation, and
Economic Leadership Act of 2009
71400. The Legislature finds and declares all of the following:
(a) California is a world leader in efforts to reduce greenhouse
gases, to assess and mitigate the effects of climate change, and to
promote clean alternative technologies to improve the state's economy
and the protection of public health and the environment.
(b) The California Global Warming Solutions Act of 2006,
Division 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code,
Code) provides a process for the establishment of a statewide
greenhouse gas emission limit and a process for the adoption of
regulations to achieve the maximum technologically feasible and
cost-effective greenhouse gas emission reductions. That act also
directs the Climate Action Team to coordinate the overall climate
policy actions as provided in Executive Order S-3-05 and for all
state agencies to consider and implement strategies to reduce their
greenhouse gas emissions.
(c) California currently invests hundreds of millions of dollars
in research funds for air quality, transportation, electricity,
natural gas, water, and other types of research, development,
demonstration, and deployment projects that could contribute to the
achievement of statewide greenhouse gas emission reductions, or to
the effective adaptation to unavoidable climate change.
(d) More effective coordination of existing programs and funding
by the state can improve the achievement of statewide greenhouse gas
emission reductions; the protection of the state's infrastructure,
communities, and natural resources from the impacts of climate
change; and provide economic and job growth through the development
and support of a strong clean technology industry.
71401. The Climate Action Team is hereby established and shall
consist of the following members:
(a) The Secretary for Environmental Protection, who shall serve as
the chair of the Climate Action Team, and who shall coordinate
oversight of the efforts made to meet the greenhouse gas emission
reduction targets established by the Global Warming Solutions Act of
2006, Division 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety
Code Code) .
(b) The Secretary of the Natural Resources Agency.
(c) The Chairperson of the State Air Resources Board.
(d) The Chair of the State Energy Resources Conservation and
Development Commission.
(e) The President of the Public Utilities Commission.
(f) The Secretary of Business, Transportation and Housing.
(g) The Secretary of Food and Agriculture.
(h) The Secretary of the Department of Consumer Affairs.
(i) The Secretary of Labor and Workforce Development.
71402. Consistent with the California Global Warming Solutions
Act of 2006, Division 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety
Code, and Executive Order S-3-50 Code) and
Executive Order S-3-05 , the Climate Action Team shall
coordinate climate policy of the state to achieve all of the
following goals :
(a) The maximum feasible and cost-effective reduction of
greenhouse gas emissions through the implementation of the California
Global Warming Solutions Act of 2006, Division
2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code Code) .
(b) The promotion of economic and job growth in California through
workforce development and the encouragement and support of clean
technology development and deployment to meet the state's climate
change goals targets and requirements .
(c) The identification of unavoidable climate change impacts to
California's natural resources and infrastructure and the development
and implementation of mitigation and adaptation plans to protect the
resources and assets of California.
(d) The coordination and efficient use of existing state
resources, programs, and funds to achieve the goals
identified in meet the requirements of this
section.
71403. On or before January 1, 2011, and annually thereafter, the
Climate Action Team shall prepare and adopt a strategic research,
development, demonstration, and deployment plan that establishes
priorities, and identifies key expenditure categories, for research,
development, demonstration, and deployment funds to be expended by
state agencies represented on the Climate Action Team for the
following fiscal year. The plan shall identify all of the following
categories :
(a) Funds that will be expended to assist in bringing California
clean technologies into the marketplace and that provide quantifiable
reductions in emissions of greenhouse gases in order to assist the
state in meeting the state's climate change goals
targets and requirements .
(b) Funds that will be expended to encourage behavior changes or
changes in consumer preferences that assist the state in meeting the
state's climate change goals targets and
requirements .
(c) Funds that will be expended by state agencies to identify and
forecast impacts of climate change and to identify and research
methods to mitigate and adapt to those impacts consistent with
Section 71407.
71404. The Climate Action Team shall hold duly noticed public
meetings and workshops prior to adoption of the strategic research,
development, demonstration, and deployment plan in order to solicit
comments from the public on research priorities.
71405. The expenditure of funds by a state agency that is
represented on the Climate Action Team shall be consistent with the
strategic research, development, demonstration, and deployment plan
adopted pursuant to Section 71403 and authorized or consistent with
the annual Budget Act.
71406. The Climate Action Team shall present its annual strategic
research, development, demonstration, and deployment plan to the
appropriate policy committees and budget subcommittees of
the Legislature.
71407. On or before January 1, 2011, and biennially thereafter,
the Climate Action Team shall coordinate with the Natural Resources
Agency to prepare and adopt a climate change impact mitigation and
adaptation plan that includes all of the following:
(a) An assessment of the current state of climate change impact
analysis and an identification of potential climate change impacts
that should be included in decisionmaking related to the management
of natural resources or investment in infrastructure including
impacts on all of the following:
(1) Water resources, including wetlands.
(2) Wildlife and plants.
(3) Natural communities and ecosystems.
(4) Public health.
(5) Safety and emergency response.
(6) Ocean and coastal resources.
(7) Infrastructure.
(8) Agriculture.
(9) Other systems likely to be affected.
(b) A process for integrating climate change impact information
into the planning and decisionmaking of state agencies as
appropriate.
(c) The identification of additional research and research
priorities that could assist and improve state decisionmaking in
future years.
(d) (1) An evaluation of each sector's
contribution toward meeting the greenhouse gas emission reduction
targets established by the California Global Warming Solutions Act of
2006, Division 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety
Code Code) .
(2) For the purposes of this subdivision, "sector" means a
subgroup within the Climate Action Team that addresses a specific
issue or multiple issues, including, but not limited to, agriculture,
cement, energy, forests, green buildings, land use, recycling and
waste management, state fleet, and water-energy.
(e) A review of the best available scientific information
regarding projected climate change impacts, risk analysis, and best
management practices developed to date.
