38562.2.
(a) For purposes of this section, the following definitions apply:(1) “Carbon capture and storage technologies” means technologies that prevent emissions of carbon dioxide by separating carbon dioxide from industrial and energy-related sources and putting it into long-term storage.
(2) “Carbon dioxide removal technologies” mean anthropogenic activities that use technology or engineered strategies to remove carbon dioxide from the atmosphere and put it into long-term storage.
(3) “Long-term storage” means either of the following:
(A) Storing carbon dioxide in a geological reservoir and permanently preventing it from being released into the atmosphere or ocean.
(B) Converting carbon dioxide into a chemically or physically stable permanent form, including mineralization.
(4) “Permanent” means a period of time sufficiently long enough to enable California to meet net zero greenhouse gas emissions and to safeguard public health, safety, and the environment.
(5) “Nature-based climate solutions” means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or avoid greenhouse gas emissions in natural and working lands, as defined in
Section 9001.5 of the Public Resources Code.
(6) “Net zero greenhouse gas emissions” means emissions of greenhouse gases, as defined in Section 38505, to the atmosphere are balanced by removals of greenhouse gas emissions over a period of time, as determined by the state board.
(b) It is the policy of the state to do both of the following:
(1) Achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This goal is in addition to, and does not replace or supersede, the statewide greenhouse gas emissions reduction targets in Section 38566.
(2) (A) Ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 90 percent below the statewide greenhouse gas emissions limit established pursuant to Section 38550.
(B) Carbon capture and storage technologies that prevent the emission of greenhouse gases to the atmosphere and comply with the criteria adopted by the state board pursuant to subdivision (f) shall be considered an emission reduction for the purposes of this paragraph.
(c) The state board shall work with relevant state agencies to do all of the following:
(1) Ensure that updates to the scoping plan required pursuant to Section 38561 identify and recommend measures to achieve the policy goals stated in
subdivision (b).
(2) Identify a variety of policies and strategies that support carbon dioxide removal solutions and carbon capture and storage technologies in California to complement emissions reductions and nature-based climate solutions and achieve durable greenhouse gas emissions reductions or carbon removals.
(3) Identify a variety of policies and strategies that support nature-based climate solutions in California so its natural and working lands can be a healthy net sink of carbon dioxide and achieve durable greenhouse gas emissions reductions or carbon removals.
(d) (1) The state board shall identify interim five-year greenhouse gas emission reduction goals that begin on January 1, 2025,
to achieve the policy goals stated in subdivision (b).
(2) By December 31, 2035, the state board shall evaluate the feasibility and tradeoffs of achieving the policy goal stated in paragraph (2) of subdivision (b) relative to alternative scenarios that achieve the policy goals stated in paragraph (1) of subdivision (b), and report its findings and recommendations to the Legislature.
(3) The state board shall report to the Joint Legislative Committee on Climate Change Policies annually on progress toward the goals identified in paragraph (1) and in subdivision (b).
(4) The Legislative Analyst’s Office shall conduct independent analyses of the state board’s progress toward the interim goals identified in paragraph (1) and goals stated
in subdivision (b) every two years and shall prepare a report detailing its review, including
any recommendations for improvements, including, but not limited to, shortfalls in direct emission reductions, barriers to carbon dioxide removal deployment, and potential changes to the state board’s evaluation and reporting practices that will advance transparency and accountability. The report shall be made available to the public.
(e) (1) The state board shall work with the Natural Resources Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish criteria for the use of nature-based climate solutions for the purposes of achieving the policy goals stated in subdivision (b).
(2) In establishing the criteria pursuant to paragraph (1), the state board shall consider the benefits, risks, and uncertainties associated
with the use of nature-based climate solutions.
(f) (1) The state board shall work with relevant agencies to establish criteria for the use of carbon dioxide removal technologies and carbon capture and storage technologies in any policy or program adopted by a state agency for purposes of achieving the policy goals stated in subdivision (b).
(2) In establishing the criteria pursuant to paragraph (1), the state board shall, at a minimum, do all of the following:
(A) Consider the benefits, risks, and uncertainties associated with the use of carbon dioxide removal technologies and carbon capture and storage technologies, including, but not limited to, requirements for long-term financial assurances to
mitigate for those risks and uncertainties.
(B) Ensure that the use of carbon dioxide removal technologies and carbon capture and storage technologies does not have an adverse impact on local air quality and public health, particularly in low-income and disadvantaged communities.
(C) Exclude the counting of captured carbon dioxide that is later injected into underground wells for the purpose of fossil fuel extraction, including, but not limited to, enhanced oil recovery, as a removal or reduction for the purposes of achieving the policy goals stated in subdivision (b).
(3) The criteria established pursuant to paragraph (1) shall include safeguards that, at a minimum, do all of the following:
(A) Ensure
greenhouse gas emissions reductions and carbon removals are permanent and quantifiable by accounting for risk factors and contingencies in the event of a release or reversal to ensure accurate accounting of net greenhouse gas emissions from the use of carbon dioxide removal technologies and carbon capture and storage technologies.
(B) Prevent In tracking progress toward the state’s climate targets, prevent the double counting of emissions reductions associated with utilizing carbon dioxide that is captured or removed from the atmosphere.
(C) Include robust monitoring, accounting, and annual
reporting to the state board by the project owner. Reports shall describe environmental safeguards, account for uncertainty in any measurements, be verified by a state board-approved third-party verifier, and be made publicly available.
(D) Ensure compliance with all applicable local, regional, state, and national requirements on environmental impact assessments or reports and all applicable local, regional, state, and national environmental health and safety laws and regulations, including any requirements regarding transparent documentation with verification and grievance mechanism processes.
(E) Ensure the criteria are enforceable.
(g) In working toward the policy goals stated in subdivision (b), state
agencies shall do all of the following:
(1) Engage the support, participation, and partnership of
researchers, businesses, investors, and communities, as appropriate.
(2) Seek to support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.
(3) Support climate adaptation and biodiversity, including by protecting the state’s water supply, water quality, and native plants and animals.