Bill Text: CA AB1033 | 2009-2010 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006:
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1033 Detail]
Download: California-2009-AB1033-Amended.html
BILL NUMBER: AB 1033 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Nielsen
FEBRUARY 27, 2009
An act to amend Section 39002 of the Health and Safety
Code, relating to air pollution. An act to add Section
38567 to the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1033, as amended, Nielsen. Air pollution.
California Global Warming Solutions Act of 2006: greenhouse gas
emissions: regulation.
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 state board is
required to adopt greenhouse gas emissions limits and emission
reduction measures by regulation to achieve the prescribed emission
reductions.
This bill would require a state or local agency, before adopting
or amending a regulation after January 1, 2010, to evaluate and
measure the effectiveness of any regulations adopted by the state or
local agency on or before January 1, 2010, to reduce greenhouse gas
emissions, and obtain an independent 3rd-party economic impact
analysis of any proposed regulation that the state or local agency
determines would impose aggregate costs of $1,000,000 or more on
greenhouse gas emission sources subject to the proposed regulation,
irrespective of the economic or noneconomic benefits of the
regulation.
The bill would require a state or local agency to consider the
severity of any adverse economic impact identified by the 3rd-party
analysis, and would authorize the agency on that ground to revise or
choose not to adopt the proposed regulation. The bill would require
the agency, if it adopts the proposed regulation without revision, to
make findings, supported by evidence, that the adoption of the
proposed regulation is reasonable.
The bill would prohibit a state or local agency from adopting or
amending a regulation to reduce greenhouse gas emissions after
January 1, 2010, that imposes a greenhouse gas emission requirement
on a greenhouse gas emission source that is more stringent than any
regulation adopted by that state or local agency on or before January
1, 2010, that is applicable to that emission source, until eight
years after the date that emission source achieved compliance with
that earlier regulation.
Existing law generally gives responsibility for the control of air
pollution from vehicular sources to the State Air Resources Board
and from all other sources to local and regional authorities, as
provided.
This bill would make a technical, nonsubstantive change to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38567 is added to the
Health and Safety Code , to read:
38567. (a) It is the intent of the Legislature in enacting this
section to promote the reasoned, restrained, and economically
sensitive regulation of greenhouse gas emissions.
(b) Before adopting or amending a regulation to reduce greenhouse
gas emissions after January 1, 2010, pursuant to this division or
other authority, a state or local agency shall do all of the
following:
(1) Evaluate and measure the effectiveness of any existing
regulations adopted by the state or local agency to reduce greenhouse
gas emissions, including measuring the greenhouse gas emission
reductions from regulations adopted on or before January 1, 2010.
(2) Obtain an independent third-party economic impact analysis of
any proposed regulation that the state or local agency determines
would impose aggregate costs of one million dollars ($1,000,000) or
more on greenhouse gas emission sources subject to the proposed
regulation, irrespective of the economic or noneconomic benefits of
the regulation.
(3) The state or local agency shall consider the severity of any
adverse economic impact identified pursuant to paragraph (2), and on
that basis may revise or choose not to adopt the proposed regulation.
If the state or local entity adopts the proposed regulation without
revision, the state or local agency shall make findings, supported by
evidence, that the adoption of the proposed regulation is
reasonable.
(c) The state or local agency shall not adopt or amend a
regulation to reduce greenhouse gas emissions after January 1, 2010,
pursuant to this division or other authority, that imposes a
greenhouse gas emission requirement on a greenhouse gas emission
source that is more stringent than any regulation adopted by that
state or local agency on or before January 1, 2010, that is
applicable to that emission source, until eight years after the date
that emission source achieved compliance with that earlier
regulation.
SECTION 1. Section 39002 of the Health and
Safety Code is amended to read:
39002. Local and regional authorities have the primary
responsibility for the control of air pollution from all sources
other than vehicular sources. The control of vehicular sources,
except as otherwise provided in this division, shall be the
responsibility of the State Air Resources Board. Except as otherwise
provided in this division, including, but not limited to, Sections
41809, 41810, and 41904, local and regional authorities may establish
stricter standards than those set by law or by the state board for
nonvehicular sources. However, the state board shall, after holding
public hearings as required in this division, undertake control
activities in any area wherein it determines that the local or
regional authority has failed to meet the responsibilities given to
it by this division or by any other provision of law.
