Bill Text: CA SB295 | 2009-2010 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB295 Detail]
Download: California-2009-SB295-Amended.html
BILL NUMBER: SB 295 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 13, 2009
AMENDED IN SENATE APRIL 27, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Dutton
(Coauthors: Senators Cox , Huff, and Runner)
(Coauthors: Assembly Members Bill Berryhill, DeVore, Fuller,
Hagman, Jeffries, Niello, and Silva)
FEBRUARY 25, 2009
An act to add Section 38561.5 to the Health and Safety Code,
relating to air pollution, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 295, as amended, Dutton. California Global Warming Solutions
Act of 2006.
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 emissions limit equivalent to the statewide greenhouse gas
emissions level 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 to evaluate the
total potential costs and total potential economic and noneconomic
benefits of the plan. 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 require the state board to complete a study to
reevaluate the evaluation of costs discussed above, and provide this
study to the Legislature by October 1, 2009. The state board would be
required to report to the Legislature by November 1, 2009, on
whether the revised analysis has led, or will lead, to any changes to
the scoping plan, and whether any changes should be made to the act'
s timelines. The bill would require the Legislative Analyst to review
the state board's implementation of these requirements, as provided.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38561.5 is added to the Health and Safety Code,
to read:
38561.5. (a)
(1) The state board shall complete an additional peer-reviewed
study to reevaluate the evaluations made pursuant to subdivision (d)
of Section 38561 that takes into consideration any peer-reviewed
comments on the original evaluations. This additional study shall
include all of the following:
(A) Estimates of the actual costs in every year, and for every
sector of the economy, of the recommendations identified in the
scoping plan adopted pursuant to Section 38561, and shall not include
only annual averaged costs.
(B) Estimates of overall costs and savings and the
cost-effectiveness of the reductions identified in the scoping plan
adopted pursuant to Section 38561, including appropriate inclusion of
reductions in copollutants.
(C) Estimates of the timing of capital investments, annual
expenditures to repay those investments, and the resulting cost
savings.
(D) Sensitivity of the results to changes in key inputs, including
energy price forecasts and estimates of measure costs and savings.
(E) Impacts on small businesses.
(F) The current state of the California economy.
(G) The impact, if any, of increased federal funding for green
technology as a result of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5).
(H) An explanation of how each measure in the scoping plan is
considered to be cost effective.
(H) In order to identify the most cost-effective mix of measures,
estimates of the greenhouse gas emissions reductions and annualized
costs and savings that would result if the greenhouse gas emission
targets were raised and lowered for at least the five measures in the
scoping plan adopted pursuant to Section 38561 to which the scoping
plan assigns the highest target amount of greenhouse gas emission
reductions. These estimates shall include, but not be limited to, the
estimates that would result from changing the greenhouse gas
emission reduction targets for a measure by 10 percent, 20 percent,
and 30 percent above and below the targets in the scoping plan.
(2) The state board shall provide the study required by this
subdivision to the Legislature by October 1, 2009.
(b) The state board shall report to the Legislature by November 1,
2009, on whether the analysis made pursuant to subdivision (a) has
led, or will lead, to changes to the scoping plan adopted pursuant to
Section 38561, including, but not limited to, changes in the mix of
measures identified in that plan. The state board shall also include
in the report recommended changes to the timelines included in this
division, if the analysis made pursuant to subdivision (a) makes
changes to the timelines advisable or necessary. This section does
not authorize the state board to adjust any timelines included in
this division.
(c) (1) The Legislative Analyst shall review the study required by
subdivision (a) and the report required by subdivision (b), and
report to the Legislature by December 1, 2009, on all of the
following:
(A) To the extent possible, a critique of the adequacy of the
analysis of economic impacts in support of measures proposed in the
scoping plan and the reasonableness of the conclusions drawn from
that analysis.
(B) Identify measures proposed in the scoping plan that lack a
supporting economic impact analysis.
(C) Evaluate whether the state board has complied with the
requirements of this section.
(2) The Legislative Analyst may provide any analysis or
information in addition to what is required by paragraph (1).
(3) The state board shall provide to the Legislative Analyst the
information necessary to complete the requirements of this
subdivision in the timeframe provided in this subdivision.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that the adoption of greenhouse gas emission
reduction regulations does not negatively impact the state's economy,
it is necessary that this act take effect immediately.
