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

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-Amended.html

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BILL NUMBER: SB 760	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2013
	AMENDED IN SENATE  APRIL 29, 2013
	AMENDED IN SENATE  APRIL 1, 2013

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 amended, 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 physically destroy existing equipment that may be currently
 operating,   operating or  not operating
 , or   that is or will be  retired at an
electrical generation facility  that applies for an emission
reduction credit   unless the owner or operator retires
that equipment to provide emission reduction credits, emission
offsets, or an offset exemption from the district or the new source
review program of the federal Clean Air Act otherwise requires 
. By imposing new duties on air pollution control and air quality
management districts, this bill would impose a state-mandated local
program.  The bill would authorize the repowering of
previously retired electrical generation facility equipment that
generated emission reduction credits from the shutdown of the
equipment if the Governor declares a state of emergency due to a
sudden and severe energy shortage and the energy shortage can only be
alleviated by the repowering of the equipment. The bill would
authorize an air pollution control district or air quality management
district to seek civil penalties under the federal Clean Air Act, if
the repowering of the previously retired electrical generation
facility results in a violation of the federal act. 
   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   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   that  utilizes a calculation method that
enables internal emissions reductions to be credited against
increases in emissions, shall not impose any conditions to physically
destroy existing equipment that may be currently  operating,
  operating or  not  operating, or
  operating that is or will be  retired at an
electrical generation facility  that applies for an emission
reduction credit.   unless either of the following
applies:  
   (a) The owner or operator retires that equipment to provide
emission reduction credits, emission offsets, or an offset exemption
from the district.  
   (b) The new source review program of the federal Clean Air Act (42
U.S.C. Sec. 7401 et seq.) requires the imposition of such a
condition.  
   (b) Except as provided in subdivision (c), equipment at an
electrical generation facility permanently shutdown or retired as a
condition of generating emission reduction credits shall not be
operated or used in any way that releases air emissions. 

   (c) Notwithstanding subdivision (b), the repowering of previously
retired electrical generation facility equipment that generated
emission reduction credits from the shutdown of that equipment shall
be authorized if both of the following conditions are met: 

   (1) The Governor, pursuant to California Emergency Services Act
(Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of
the Government Code) has declared a state of emergency due to a
sudden and severe energy shortage, within the meaning of Section 8558
of the Government Code.  
   (2) The Governor declares that the energy shortage can only be
alleviated by the repowering of the equipment.  
   (d) Notwithstanding subdivision (a), a district may require an
electrical generation facility to make changes to its existing
equipment, as is necessary, to ensure that emissions reductions used
to create the emission reduction credit are permanent. The district
shall submit to the United States Environmental Protection Agency for
approval a protocol specifying the types of changes the district may
require and the district may only require those changes that are
consistent with the approved protocol.  
   (e) Notwithstanding the California Emergency Services Act, during
any period of operation authorized pursuant to subdivision (c) that
constitutes a violation of the federal Clean Air Act (42 U.S.C. Sec.
7401 et seq.), the district may seek civil penalties against the
electrical generation facility pursuant to Section 7420 of Title 42
of the United States Code. Penalties collected shall, upon
appropriation by the Legislature, be expended by the district on
emission reduction projects and to reimburse the district for its
costs of enforcement. 
  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.