Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

SB-207 California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.(2015-2016)

SHARE THIS: share this bill in Facebook share this bill in Twitter
SB207:v98#DOCUMENT

Amended  IN  Senate  March 24, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 207

Introduced by Senator Wieckowski

February 11, 2015

An act to amend Section 39716 of the Health and Safety 16428.9 of the Government Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


SB 207, as amended, Wieckowski. California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan. Fund.
The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law requires a state agency expending moneys from the fund to create a record, prior to the expenditure, that includes, among other things, a description of the expenditure proposed to be made and a description of how the proposed expenditure will contribute to achieving and maintaining greenhouse gas emissions reductions, as specified.

This bill would additionally require the 3-year investment plan to identify conflicting or overlapping policies, where applicable, in current state strategies to meeting the state’s greenhouse gas emissions reduction goals and targets by sector.

This bill would require that record to be posted on the Internet Web sites of the state agency and the State Air Resources Board prior to the state agency expending those moneys.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 16428.9 of the Government Code is amended to read:

16428.9.
 (a) Prior to expending any moneys appropriated to it a state agency by the Legislature from the fund, a state agency shall prepare a record consisting of all of the following shall occur:
(1) A state agency shall prepare a record consisting of all of the following:

(1)

(A) A description of each expenditure proposed to be made by the state agency pursuant to the appropriation.

(2)

(B) A description of how a proposed expenditure will further the regulatory purposes of Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the limit established under Part 3 (commencing with Section 38550) and other applicable requirements of law.

(3)

(C) A description of how a proposed expenditure will contribute to achieving and maintaining greenhouse gas emission emissions reductions pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.

(4)

(D) A description of how the state agency considered the applicability and feasibility of other nongreenhouse gas emissions reduction objectives of Division 25.5 (commencing with Section 38500) of the Health and Safety Code.

(5)

(E) A description of how the state agency will document the result achieved from the expenditure to comply with Division 25.5 (commencing with Section 35800) of the Health and Safety Code.
(2) A state agency shall post on its Internet Web site the record required to be prepared pursuant to paragraph (1).
(3) The State Air Resources Board shall post on its Internet Web site the record a state agency is required to prepare pursuant to paragraph (1).
(b) The State Air Resources Board shall develop guidance on reporting and quantification methods for all state agencies that receive appropriations from the fund to ensure the requirements of this section are met. Chapter The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 3) does not apply to the procedures developed pursuant to this subdivision.
(c) Nothing in this section alters, amends, or otherwise modifies in any manner Division 25.5 (commencing with Section 35800) of the Health and Safety Code, including the authority of the State Air Resources Board to adopt and implement a fee pursuant to that division.
(d) If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the funding for the remaining measures or projects shall be severable and shall not be affected.

SECTION 1.Section 39716 of the Health and Safety Code is amended to read:
39716.

(a)The Department of Finance, on behalf of the Governor, and in consultation with the state board and any other relevant state entity, shall develop and submit to the Legislature at the time of the department’s adjustments to the proposed 2013–14 fiscal year budget pursuant to subdivision (e) of Section 13308 of the Government Code a three-year investment plan. Commencing with the 2016–17 fiscal year budget and every three years thereafter, with the release of the Governor’s budget proposal, the Department of Finance shall include updates to the investment plan following the public process described in subdivisions (b) and (c). The investment plan, consistent with the requirements of Section 39712, shall do all of the following:

(1)Identify the state’s near-term and long-term greenhouse gas emissions reduction goals and targets by sector.

(2)Analyze gaps and identify conflicting or overlapping policies, where applicable, in current state strategies to meeting the state’s greenhouse gas emissions reduction goals and targets by sector.

(3)Identify priority programmatic investments of moneys that will facilitate the achievement of feasible and cost-effective greenhouse gas emissions reductions toward achievement of greenhouse gas reduction goals and targets by sector, consistent with subdivision (c) of Section 39712.

(b)(1)The state board shall hold at least two public workshops in different regions of the state and one public hearing prior to the Department of Finance submitting the investment plan.

(2)The state board, prior to the submission of each investment plan, shall consult with the Public Utilities Commission to ensure the investment plan is coordinated with, and does not conflict with or unduly overlap with, activities under the oversight or administration of the Public Utilities Commission undertaken pursuant to Part 5 (commencing with Section 38570) of Division 25.5 or other activities under the oversight or administration of the Public Utilities Commission that facilitate greenhouse gas emissions reductions consistent with this division. The investment plan shall include a description of the use of any moneys generated by the sale of allowances received at no cost by the investor-owned utilities pursuant to a market-based compliance mechanism.

(c)The Climate Action Team, established under Executive Order S-3-05, shall provide information to the Department of Finance and the state board to assist in the development of each investment plan. The Climate Action Team shall participate in each public workshop held on an investment plan and provide testimony to the state board on each investment plan. For purposes of this section, the Secretary of Labor and Workforce Development shall assist the Climate Action Team in its efforts.