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AB-97 Air pollution: emission reduction credits.(2001-2002)

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CALIFORNIA LEGISLATURE— 2001–2002 1st Ext.

Assembly Bill
No. 97


Introduced  by  Assembly Member Canciamilla

February 27, 2001


An act to add Section 39607.6 to the Health and Safety Code, relating to air pollution, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 97, as introduced, Canciamilla. Air pollution: emission reduction credits.
Existing law specifies that local and regional authorities have the primary responsibility for the control of air pollution from non-vehicular sources. Existing law authorizes air pollution control districts and air quality management districts to establish a system to bank and use emission reductions to offset future increases in emissions. Existing law also requires the state board to establish a market-based program to achieve emission reductions.
This bill would authorize the state board to develop and adopt, after public notice and hearing, a system by which emission reductions created as a result of programs established by the state board may be banked or otherwise used to offset increases in emissions of air pollutants from nonvehicular sources. The bill would allow that system to contain only those emission reductions that the state board determines are surplus, enforceable, quantifiable, and permanent, and would authorize the state board to make the emission reduction credits in the system available for use by any district.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 39607.6 is added to the Health and Safety Code, to read:

39607.6.
 (a) The state board may develop and adopt, by regulation after public notice and hearing, a system by which emission reductions created as a result of programs established by the state board may be banked or otherwise used to offset increases in emissions of air pollutants from nonvehicular sources.
(b) The system established pursuant to subdivision (a) may contain only those emission reductions that the state board determines are surplus, enforceable, quantifiable, and permanent.
(c) Emission reduction credits described in this section may be made available for use by any district at the discretion of the state board.
(d) The system established pursuant to this section is not intended to recognize any preexisting right to emit air contaminants, but to provide a mechanism for the state board and the districts to recognize the existence of reductions or air contaminants that can be used as offsets, and to provide greater certainty that the offsets shall be available for emitting industries.

SEC. 2.

 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 provide a statewide emission reduction credit system to help mitigate the energy supply crisis in the state, it is necessary that this bill take effect immediately.