Bill Text: CA SB760 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: California Renewables Portfolio Standard Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-01-09 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C. [SB760 Detail]

Download: California-2013-SB760-Introduced.html

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BILL NUMBER: SB 760	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wright

                        FEBRUARY 22, 2013

   An act to add Section 40709.8 to the Health and Safety Code,
relating to nonvehicular air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 760, as introduced, Wright. Electrical generation facility:
emission reduction credits.
   Existing law requires every air pollution control and air quality
management district board to establish a system by which all
reductions in the emission of air contaminants that are to be used to
offset certain future increases in the emission of air contaminants
to be banked prior to use to offset future increases in emissions.
Existing law designates the State Air Resources Board as the
responsible agency for the preparation of the state implementation
plan required by the federal Clean Air Act.
   This bill would prohibit every air pollution control and air
quality management district that has established an emission
reduction credit program, as specified, from imposing any conditions
to shut down or destroy existing equipment that may be currently
operating, not operating, or retired at an electrical generation
facility that applies for an emission reduction credit. The bill
would authorize the owner or operator of equipment that has been
retired and that is subsequently activated for purposes of upgrading
or repowering the electrical generation facility to be subject to
fines but would prohibit that owner or operator from being subject to
any penalty. By imposing new duties on air pollution control and air
quality management districts, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40709.8 is added to the Health and Safety Code,
to read:
   40709.8.  (a) Notwithstanding any other law, a district that has
established a system pursuant to Section 40709 by which reductions in
emissions may be banked or otherwise credited to offset future
increases in the emissions of air contaminants, or which utilizes a
calculation method that enables internal emission reductions to be
credited against increases in emissions, shall not impose any
conditions to shut down or destroy existing equipment that may be
currently operating, not operating, or retired at an electrical
generation facility that applies for an emission reduction credit.
   (b) The owner or operator of equipment that has been retired
pursuant to subdivision (a) that is subsequently activated for
purposes of upgrading or repowering the electrical generation
facility may be subject to fines but shall not be subject to any
penalty.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.