BILL NUMBER: AB 118 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Logue
( Coauthors: Assembly Members
Anderson, Bill Berryhill, Conway,
Fletcher, Gaines, Garrick,
Hagman, Harkey, Miller, Niello,
Nielsen, Silva, and Villines
)
JANUARY 15, 2009
An act to repeal Division 25.5 (commencing with Section
38500) add Part 9 (commencing with Section 38650) to
Division 25.5 of the Health and Safety Code, relating to air
pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 118, as amended, Logue. California Global Warming Solutions Act
of 2006.
The California Global Warming Solutions Act of 2006 (the act)
requires the State Air Resources Board (state 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 emissions limit
equivalent to the statewide greenhouse gas emissions levels in 1990
to be achieved by 2020. The act requires the state board to prepare
and approve a scoping plan for achieving the maximum technologically
feasible and cost-effective reductions in greenhouse gas emissions.
The state board is required by January 1, 2011, to adopt greenhouse
gas emissions limits and emission reduction measures by regulation to
achieve the prescribed emission reductions.
This bill would repeal the California Global Warming Solutions Act
of 2006.
This bill would suspend the act until the state unemployment rate
is 5.5% or lower for four consecutive calendar quarters. The bill
would require the resuspension of the act whenever the state
unemployment rate rises above 5.5% for four consecutive calendar
quarters. The bill would prohibit the state board, and specified
other state agencies, from proposing, promulgating, or adopting any
regulation pursuant to the act during a period of suspension and
would require that any such regulation adopted prior to January 1,
2011, be inoperative until the suspension is lifted. The bill would
request local agencies to refrain from adopting rules, regulations,
and policies that derive authority or responsibility from the act and
to revise or repeal those rules, regulations, or policies adopted
prior to January 1, 2011, until the suspension is lifted.
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. The Legislature finds and declares the
following:
(a) In 2006, the Legislature and Governor enacted a sweeping law
designed to combat global warming known as Assembly Bill 32. At the
time the bill was signed, the unemployment rate in California was 4.8
percent.
(b) Since the adoption of Assembly Bill 32, California has been
hit by a global recession and California's unemployment rate has now
surpassed 12 percent.
(c) Several studies predict that implementation of Assembly Bill
32 will cost small businesses billions of dollars, further slowing
economic recovery and job creation.
(d) Assembly Bill 32 contains a provision that would allow the
Governor to delay its implementation in the event of extraordinary
circumstances, including "significant economic harm."
(e) California's current unemployment rate is an extraordinary
circumstance, as it is almost triple the unemployment rate that
existed at the time Assembly Bill 32 was signed into law.
(f) Implementation of Assembly Bill 32 at this time would impose
significant economic harm on California, and it is the intent of this
Legislature to suspend the provisions of Assembly Bill 32 until the
state's unemployment rate returns to a level similar to that which
existed at the time of its adoption, and remains at or below that
level for four consecutive calendar quarters.
SEC. 2. Part 9 (commencing with Section 38650) is
added to Division 25.5 of the Health and Safety Code
, to read:
PART 9. Suspension
38650. (a) Parts 1 to 7, inclusive, are suspended until the state
unemployment rate is 5.5 percent or lower for four consecutive
calendar quarters, as determined by the official statistics of the
Labor Market Information Division of the Employment Development
Department. If, after the termination of the suspension, the state
unemployment rate rises above 5.5 percent for four consecutive
calendar quarters, as determined by the Labor Market Information
Division of the Employment Development Department, Parts 1 to 7,
inclusive, shall be resuspended until the unemployment rate is 5.5
percent or lower for four consecutive calendar quarters.
(b) During a period of suspension described in subdivision (a),
the state board, and any other state agency granted authority to
implement this division, shall not propose, promulgate, or adopt any
regulation pursuant to this division and any such regulation adopted
prior to January 1, 2011, shall be inoperative until the suspension
is lifted pursuant to subdivision (a).
(c) During a period of suspension described in subdivision (a),
local agencies are requested to refrain from adopting rules,
regulations, and policies that derive authority or responsibility
from this division and to repeal or revise any such rule, regulation,
or policy adopted prior to January 1, 2011, until the suspension is
lifted pursuant to subdivision (a).
(d) If any provision of this part or its application is held
invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision
or application.
SECTION 1. Division 25.5 (commencing with
Section 38500) of the Health and Safety Code is repealed.