BILL NUMBER: AB 1180 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY APRIL 28, 2011
INTRODUCED BY Assembly Member Bradford
FEBRUARY 18, 2011
An act to add Section 13142.6 to the Water Code, relating
to water. An act to add Section 38572 to the Health
and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1180, as amended, Bradford. Water: coastal
powerplants. California Global Warming Solutions Act
of 2006: compliance offsets.
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. The state board is authorized to adopt market-based
compliance mechanisms, as defined, meeting specified requirements to
be used for compliance with those regulations.
This bill would require the state board to adopt a compliance
offset protocol that meets specified criteria if the state board
adopts a cap-and-trade program that allows the use of offsets for
compliance under the cap-and-trade program.
Under existing law, the State Water Resources Control Board (state
board) and the 9 California regional water quality control boards
regulate water quality in accordance with the Porter-Cologne Water
Quality Control Act and the federal Clean Water Act. Existing law
establishes the policy of the state with respect to water quality as
it relates to the coastal marine environment.
This bill would require the state board to consider an
implementation plan submitted by a municipally owned powerplant in
compliance with the Statewide Water Quality Control Policy on the Use
of Coastal and Estuarine Waters for Power Plant Cooling, adopted May
4, 2010, and recommendations made by the Statewide Advisory
Committee on Cooling Water Intake Structures (SACCWIS), if any, and
direct staff to make modifications to the policy, if appropriate.
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 38572 is added to the
Health and Safety Code , to read:
38572. If the state board adopts a cap-and-trade program pursuant
to this division that allows the use of offsets for compliance under
the cap-and-trade program, in addition to other protocols that may
be appropriate, the state board shall adopt a compliance offset
protocol that meets all of the following criteria:
(a) Targets reductions from a high global warming potential
greenhouse gas.
(b) Has been approved by a third-party registry as a voluntary
protocol and the state board determines that it could be converted
into a protocol for the purpose of compliance with the cap-and-trade
program.
(c) Requires measurement and monitoring of greenhouse gas emission
reductions continuously and in real time.
(d) Is capable of accurately, reliably, and permanently providing
at least 1,000,000 metric tons of carbon dioxide equivalent
greenhouse gas emission reductions each year.
(e) Meets the requirements of this division, including Sections
38562 and 38570.
SECTION 1. Section 13142.6 is added to the
Water Code, to read:
13142.6. No later than at its next regularly scheduled public
meeting following January 1, 2012, the state board shall consider an
implementation plan submitted by a municipally owned powerplant in
compliance with the Statewide Water Quality Control Policy on the Use
of Coastal and Estuarine Water for Power Plant Cooling, adopted May
4, 2010, and recommendations made by the Statewide Advisory Committee
on Cooling Water Intake Structures (SACCWIS), if any, and direct
staff to make modifications to the policy, if appropriate.