Bill Text: CA AB2311 | 2009-2010 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2311 Detail]
Download: California-2009-AB2311-Amended.html
BILL NUMBER: AB 2311 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 19, 2010
An act to add Section 38569 to the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2311, as amended, Mendoza. California Global Warming Solutions
Act of 2006: transportation fuels: low-
carbon fuel standard review.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020, and to adopt rules and
regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reduction.
This bill would require the executive officer of the
state board to review any regulation adopted by the state
board that establishes greenhouse gas emission requirements or
standards for transportation fuels and adopt a report relating to
this review, as provided. The bill would require the state board,
based on that report, to either readopt the regulation without
revision or revise the compliance schedule or schedules in the
regulation, or other provisions of the regulation, to avoid
unreasonable impacts on California fuel supplies or prices,
competitiveness of California businesses relative to out of state or
international competitors, unreasonable impacts on the California
economy, and unreasonable impacts on California small businesses
conduct 3 reviews on the
implementation of the low- carbon fuel standard
regulations adopted by the state board to regulate greenhouse gas
emissions from transportation fuels . The bill would also
require the executive officer of the state board to establish a
low-carbon fuel standard advisory panel for purposes of participating
in the reviews, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 38569 is added to the Health and Safety Code,
to read:
38569. (a) No later than January 1, 2012, and at least every
three years thereafter, the state board shall review any regulation
adopted by the state board that establishes greenhouse gas emission
standards or requirements, including carbon intensity requirements,
for transportation fuels and adopt a report relating to that review.
(b) (1) For each review pursuant to subdivision (a), the executive
officer of the state board shall publish a draft review report that
contains the information described in subdivision (c), for a 45-day
public comment period, at least 90 days prior to presenting the draft
review report to the state board. The executive officer of the state
board shall use generally accepted modeling and analytical methods
in preparing the draft review report.
(2) During the public comment period, the State Energy Resources
Conservation and Development Commission, the Public Utilities
Commission, the Department of General Services, the Department of
Food and Agriculture, the Natural Resources Agency, the State Water
Resources Control Board, the State Department of Public Health, the
Department of Finance, the LCFS advisory panel formed pursuant to
subdivision (b) of Section 95489 of Title 17 of the California Code
of Regulations, and the Legislative Analyst shall provide written
comments on the draft review report.
(3) During the public comment period, the executive officer of the
state board shall obtain an external peer review of the draft review
report.
(4) Following receipt of the peer review described in paragraph
(3), public comments, and the comments of the agencies described in
paragraph (2), the executive officer of the state board shall
consider and prepare a written response to the comments and peer
review at least 15 days prior to presentation of the final report to
the state board. The final report shall be revised to address
comments received from the public, the peer reviewers, and the
agencies described in paragraph (2).
(5) The executive officer of the state board shall present the
final review report to the state board at a regularly scheduled
public hearing prior to the completion date set forth in subdivision
(a). At that hearing, the state board shall take public testimony on
the review report and shall adopt, revise, or reject the report by a
majority vote of the state board.
38569. (a) The executive officer of the state
board shall conduct three reviews on the implementation of the
low-carbon fuel standard regulations described in Subarticle 7
(commencing with Section 95480) of Article 4 of Subchapter 10 of
Division 3 of Title 17 of the California Code of Regulations. The
first review shall be completed and presented to the state board by
January 1, 2012. The second review shall be completed and presented
to the state board by January 1, 2015. The third review shall be
completed and presented to the state board by January 1, 2018.
(c) The draft and final reports
(b) Each review described in
subdivision (a) shall address, at a minimum, all of the
following:
(1) The regulation's progress against its targets.
(2) Adjustments to the compliance schedule that are needed.
(3) Advances in full fuel life-cycle assessments.
(4) Advances in fuels and production technologies, including the
feasibility and cost-effectiveness of these advances.
(5) The commercial availability and
scope of use of ultra low-carbon fuels to achieve the
regulation's standards and the advisability of establishing
mechanisms to create incentives for greater use of these fuels.
(6) An assessment of supply availabilities and the rates of
commercialization of fuels and vehicles.
(7) The regulation's impact on the state's fuel supplies.
(8) The regulation's impact on state revenues, consumers, and
economic growth.
(9) An analysis of the public health impacts of the regulation at
the state and local level, including the impacts of local
infrastructure or fuel production facilities in place or under
development to deliver low-carbon fuels, using a state board-approved
method of analysis developed in consultation with public health
experts from other government agencies and academia.
(10) An assessment of the air quality impacts in the state
associated with the implementation of the regulation, including, but
not limited to, whether the use of low-carbon fuels in the state will
affect progress towards achieving state or federal air quality
standards, or result in any significant changes in toxic air
contaminant emissions, and recommendations for mitigation to address
adverse air quality impacts identified.
(11) Identification of hurdles or barriers including, but not
limited to, permitting issues, infrastructure adequacy, and the
availability of research funds, and recommendations for addressing
these hurdles or barriers.
(12) Significant economic issues, fuel adequacy, reliability, and
supply issues, and environmental issues that have arisen.
(13) The advisability of harmonizing with international, federal,
regional, and state regulations, including, but not limited to,
competing fuel life-cycle assessments.
(d) (1) Prior to publishing a draft of the report as required by
subdivision (b), the executive officer of the state board shall
consult with public and private persons that would be significantly
impacted by the implementation of the regulation to identify those
investigative or preventive actions that may be necessary to ensure
consumer acceptance, product availability, acceptable performance,
and equipment reliability. The significantly impacted persons to be
consulted shall include, but are not limited to, fuel manufacturers,
fuel importers, fuel developers, fuel distributors, independent
marketers, vehicle manufacturers, environmental organizations,
environmental justice organizations, and fuel users.
(2) Prior to publishing a draft of the report as required by
subdivision (b), the executive officer of the state board shall hold
at least two public workshops on the subjects to be covered in the
report.
(e) Based upon the information in the final report adopted by the
state board, the state board shall either readopt the regulation
without revision, or revise the compliance schedule or schedules in
the regulation, or revise other provisions of the regulation, to
avoid unreasonable impacts on California fuel supplies or prices,
competitiveness of California businesses relative to out-of-state or
international competitors, unreasonable impacts on the California
economy, and unreasonable impacts on California small businesses.
(c) (1) The executive officer of the state board shall establish a
low-carbon fuel standard advisory panel that shall include
representatives from all of the following:
(A) The State Energy Resources Conservation and Development
Commission.
(B) The Public Utilities Commission.
(C) Fuel providers.
(D) Fuel storage and distribution infrastructure owners and
operators.
(E) Consumers.
(F) Engine and vehicle manufacturers.
(G) Environmental justice organizations.
(H) Environmental groups.
(I) Academia.
(J) Public health organizations.
(K) Other stakeholders and government agencies as determined by
the executive officer of the state board.
(2) The advisory panel created pursuant to paragraph (1) shall
participate in the reviews described in subdivision (a), and the
executive officer of the state board shall solicit comments and
evaluations from the advisory panel regarding the state board's
assessments of the items described in subdivision (b), as well as on
other topics relevant to the reviews described in subdivision (a).
(d) The executive officer of the state board shall conduct the
reviews described in subdivision (a) in a public process and shall
conduct at least two public workshops for each review prior to
presenting the review to the state board. In presenting the reviews
to the state board, the executive officer of the state board shall
propose any amendments to the low-carbon fuel standard regulations
described in subdivision (a), or other actions, that the executive
officer of the state board determines is warranted.
