Bill Text: CA SB760 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Renewables Portfolio Standard Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-01-09 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C. [SB760 Detail]

Download: California-2013-SB760-Amended.html

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BILL NUMBER: SB 760	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 7, 2013
	AMENDED IN SENATE  MAY 20, 2013
	AMENDED IN SENATE  APRIL 29, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Wright

                        FEBRUARY 22, 2013

   An act to add Section 40709.8 to the Health and Safety Code,
relating to nonvehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 760, as amended, Wright. Electrical generation facility:
emission reduction credits.
   Existing law requires every air pollution control and air quality
management district board to establish a system by which all
reductions in the emission of air contaminants that are to be used to
offset certain future increases in the emission of air contaminants
to be banked prior to use to offset future increases in emissions.
Existing law designates the State Air Resources Board as the
responsible agency for the preparation of the state implementation
plan required by the federal Clean Air Act.
   This bill would prohibit every air pollution control and air
quality management district that has established an emission
reduction credit program, as specified, from imposing any conditions
to physically destroy existing equipment that may be currently
operating or not operating that is or will be retired at an
electrical generation facility unless the owner or operator retires
that equipment to provide emission reduction credits, emission
offsets, or an offset exemption from the district or the new source
review program of the federal Clean Air Act otherwise requires. 
The bill would require an air pollution control or air quality
management district implementing this provision to recover any
incurred costs from existing applicable fees.  By imposing new
duties on air pollution control and air quality management districts,
this bill would impose a state-mandated local program. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40709.8 is added to the Health and Safety Code,
to read:
   40709.8.   (a)    A district that has
established a system pursuant to Section 40709 by which reductions in
emissions may be banked or otherwise credited to offset future
increases in the emissions of air contaminants, or that utilizes a
calculation method that enables internal emissions reductions to be
credited against increases in emissions, shall not impose any
conditions to physically destroy existing equipment that may be
currently operating or not operating that is or will be retired at an
electrical generation facility unless either of the following
applies: 
   (a) 
    (1)  The owner or operator retires that equipment to
provide emission reduction credits, emission offsets, or an offset
exemption from the district. 
   (b) 
    (2)  The new source review program of the federal Clean
Air Act (42 U.S.C. Sec. 7401 et seq.) requires the imposition of such
a condition. 
   (b) Any costs incurred by a district in implementing this section
shall be recovered from existing applicable fees.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.