Bill Text: CA SB295 | 2009-2010 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: SB 295	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 25, 2009

   An act to amend Section 38563 of, and 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 introduced, 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 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 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, notwithstanding this provision or any other provision
of law, would prohibit the state board or its staff from beginning to
develop these regulations until June 1, 2009, and until the state
board reevaluates the evaluation of costs discussed above. The bill
would prohibit the state board from implementing those regulations
until the unemployment rate in the state is below 5.8% for 3
consecutive months. The bill would also require the state board to
evaluate, and make public, the costs of those regulations.
   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) Notwithstanding Section 38562 or any other provision
of law, the state board or its staff shall not begin to develop the
regulations described in Section 38562 until all of the following
occur:
   (1) June 1, 2009, at the earliest.
   (2) The state board has completed 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.
   (3) The Legislative Analyst has certified that the study required
by paragraph (2) has been completed.
   (b) Notwithstanding Section 38562 or any other provision of law,
the state board shall not implement the regulations described in
Section 38562 until the unemployment rate in the state is below 5.8
percent for three consecutive months. The state board shall not be
required to suspend regulations implemented after the unemployment
rate in the state is below 5.8 percent for three consecutive months,
if the unemployment rate again rises to 5.8 percent or greater.
   (c) The state board shall evaluate, and make public, the costs of
each regulation adopted pursuant to Section 38562.
  SEC. 2.  Section 38563 of the Health and Safety Code is amended to
read:
   38563.   Nothing   Except as provided in
Section 38561.5, nothing  in this division restricts the state
board from adopting greenhouse gas emission limits or emission
reduction measures prior to January 1, 2011, imposing those limits or
measures prior to January 1, 2012, or providing early reduction
credit where appropriate.
  SEC. 3.  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.