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

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-Amended.html

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BILL NUMBER: SB 295	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Dutton
    (   Coauthors:   Senators   Cox
  and Runner   ) 
    (   Coauthors:   Assembly Members 
 Bill Berryhill,   DeVore,   Fuller,  
Hagman,   Jeffries,   Niello,   and Silva
  ) 

                        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 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  levels   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, 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   July
 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.    The Legislature finds and declares all
of the following:  
   (a) The State Air Resources Board is required by the California
Global Warming Solutions Act of 2006 to design emission reduction
measures to meet a statewide emissions limit for greenhouse gases in
a manner that minimizes costs and maximizes benefits for California's
economy.  
   (b) The State Air Resources Board is required to consider the
economic impacts of the measures identified in its scoping plan
through an economic analysis.  
   (c) The Legislative Analyst found that the economic analysis of
the scoping plan adopted on December 11, 2008, was inconsistent and
incomplete. Peer reviewers also criticized the economic analysis.
 
   (d) The State Air Resources Board has committed to perform a new
economic analysis by December 31, 2009.  
   (e) In February 2009, the California unemployment rate rose to
10.5 percent. State budget revenues are declining and California, as
well as the nation, is in the midst of a significant recession. 

   (f) Given the severity of the current economic situation, and the
lack of reliable economic analysis of the impacts of the measures in
the scoping plan, the State Air Resources Board should perform a
useful and complete economic analysis of the scoping plan as soon as
possible to inform policymakers about the economic impact of the
plan. 
   (g) The State Air Resources Board has the resources and
information needed to perform a valid economic analysis by July 1,
2009. 
   SECTION 1.   SEC. 2.   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   July  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.   SEC. 3.   Section 38563 of the
Health and Safety Code is amended to read:
   38563.  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.   SEC. 4.   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.