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AB-3046 The Energy, Environment, and Economy Council.(2019-2020)

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Date Published: 03/10/2020 09:00 PM
AB3046:v98#DOCUMENT

Amended  IN  Assembly  March 10, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3046


Introduced by Assembly Member Mathis

February 21, 2020


An act to amend Section 39604 of the Health and Safety Code, add Section 8320 to the Government Code, relating to the State Air Resources Board. environment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3046, as amended, Mathis. State Air Resources Board: report. The Energy, Environment, and Economy Council.
Existing law establishes various energy and environmental goals for the state, including to (1) reduce emissions of greenhouse gases by 40% below 1990 levels by no later than December 31, 2030, (2) procure a minimum quantity of electricity products from eligible renewable energy resources so that the total kilowatthours of those products sold to retail end-use customers in California achieves 44% of retail sales by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030, (3) supply 100% of all retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045, with eligible renewable energy resources and zero-carbon resources, (4) employ statewide energy efficiency savings and demand reduction that will achieve a cumulative doubling of statewide energy efficiency savings in electricity and natural gas final end uses of retail customers by January 1, 2030, compared to those achieved by January 1, 2016, (5) reduce statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, and (6) reduce the statewide level of disposal of organic waste from the 2014 level by 75% by 2025.
This bill would establish the Energy, Environment, and Economy Council with 16 members, as specified. The bill would require the council to engage with stakeholders, subject matter experts, and state and local agencies with jurisdiction relevant to environmental protection and economic vitality in order to determine the policies can be implemented to meet the state’s environmental goals, while avoiding harm to the state’s economy and maintaining specified protections. The bill would require the council, by July 1, 2022, to submit a report to the Legislature that makes recommendations on appropriate policies to achieve the above-stated environmental goals, while maintaining specified protections, ensuring consumer choice is not compromised, and avoiding harm to the state’s economy.

Existing law requires the State Air Resources Board to post on its internet website, at a minimum by January 1 of each odd-numbered year, information on air quality conditions and trends statewide and on the status and effectiveness of state and local air quality programs, as specified.

This bill instead would require the state board to post the information on its internet website, at a minimum by January 15 of each odd-numbered year.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 8320 is added to the Government Code, to read:

8320.
 (a) The Legislature finds and declares all of the following:
(1) Californians have a right to safe, affordable, and reliable energy, including electricity, to power their homes and businesses.
(2) Californians have the right to produce energy in this state, and to use energy produced in this state, including oil, wind, solar, biomass, natural gas, geothermal, nuclear, and hydropower.
(3) Californians have a fundamental right to earn a living. This right shall not be compromised by, among other things, requirements that unreasonably raise the cost or limit the availability of commercial space.
(4) Californians have the right to purchase or rent a home or domicile unburdened by the cost of fees, levies, and regulatory requirements that, individually or severally, raise the cost of housing in an unreasonable manner.
(5) Californians have a right to purchase a car or other vehicle for purposes of independent ownership and operation on state roads and highways. Driving itself shall remain a right, subject to all laws and requirements determined to be necessary for safety.
(6) Californians, and those visiting California, have a right to operate lawful vehicles on state roads and highways, and to traverse the state free of any individual monitoring, for mileage or other purposes. State or local agencies shall continue to monitor roadways for adherence to driving laws.
(7) Californians have the right to a domestically grown food supply. That food supply shall not be overburdened by regulations that drastically increase the cost of food production or decrease crop yield.
(8) All rules, regulations, restrictions, or other policies related to the reduction of emissions of greenhouse gases shall be tailored narrowly to meet reduction goals while minimizing the impact on the liberty of California residents.
(9) To the maximum extent feasible, revenues derived from regulating emission of greenhouse gases should support projects that further reduce emissions of greenhouse gases, in the most cost-effective manner feasible.
(b) The Energy, Environment, and Economy Council is hereby created. The Energy, Environment, and Economy Council shall consist of the following members:
(1) The Secretary of the Natural Resources Agency.
(2) The Secretary for Environmental Protection.
(3) The Secretary of Transportation.
(4) The Secretary of California Health and Human Services.
(5) The Secretary of Business, Consumer Services, and Housing.
(6) The Secretary of Labor and Workforce Development.
(7) The Director of State Planning and Research.
(8) A representative of a large business.
(9) A representative of a small business with 25 or fewer employees.
(10) A representative of agriculture.
(11) An economist.
(12) A representative from northern California.
(13) A representative from southern California.
(14) A representative from central California.
(15) A representative from a rural county.
(16) A representative from an urban county.
(c) The members listed in paragraphs (8) to (16), inclusive, of subdivision (b) shall be selected by a selection committee of not more than two members appointed by the Speaker of the Assembly, two members appointed by the minority leader of the Assembly, two members appointed by the Senate President pro Tempore, and two members appointed by the minority leader of the Senate, by no later than February 1, 2021. The selection committee shall include one Senator from each party and one Assembly Member from each party. The Energy, Environment, and Economy Council members shall be selected upon affirmative vote of six of the eight selection committee members by no later than July 1, 2021.
(d) (1) The Energy, Environment, and Economy Council shall engage with stakeholders, subject matter experts, and state and local agencies with jurisdiction relevant to environmental protection and economic vitality in order to determine the policies can be implemented to meet the state’s environmental goals, while avoiding harm to the state’s economy and maintaining the protections listed in subdivision (a).
(2) Stakeholders and subject matter experts shall include, but not be limited to, persons representing businesses, labor, and industry, economists, and persons representing environmental organizations. Their engagement shall include, but is not limited to, convening a series of public workshops throughout the state to give interested parties an opportunity to comment and a series of stakeholder meetings designed to facilitate dialogue between stakeholders of various interest groups.
(3) Not later than July 1, 2022, the Energy, Environment, and Economy Council shall submit a report to the Legislature, pursuant to Section 9795, that makes recommendations on appropriate policies to achieve the following environmental goals of the state, while maintaining the protections described in subdivision (a), ensuring consumer choice is not compromised, and avoiding harm to the state’s economy:
(A) Reduce emissions of greenhouse gases by 40 percent below 1990 levels by no later than December 31, 2030 (Section 38566 of the Health and Safety Code).
(B) Procure a minimum quantity of electricity products from eligible renewable energy resources so that the total kilowatthours of those products sold to retail end-use customers in California achieves 44 percent of retail sales by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030, (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(C) Supply 100 percent of all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045, with eligible renewable energy resources and zero-carbon resources (Section 454.53 of the Public Utilities Code).
(D) Employ statewide energy efficiency savings and demand reduction that will achieve a cumulative doubling of statewide energy efficiency savings in electricity and natural gas final end uses of retail customers by January 1, 2030, compared to those achieved by January 1, 2016 (subdivision (c) of Section 25310 of the Public Resources Code).
(E) Reduce statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030 (Section 39730.5 of the Health and Safety Code).
(F) Reduce the statewide level of disposal of organic waste from the 2014 level by 75 percent by 2025 (Section 39730.6 of the Health and Safety Code).

SECTION 1.Section 39604 of the Health and Safety Code is amended to read:
39604.

(a)The state board shall post on its internet website, at a minimum by January 15 of each odd-numbered year, information on air quality conditions and trends statewide and on the status and effectiveness of state and local air quality programs.

(b)The data shall include, but not be limited to, all of the following:

(1)A review of air quality trends in each air basin over the most recent five-calendar-year period for which a complete data record is available.

(2)A statement of the number of violations of air quality standards that occurred in each air basin over the most recent two calendar years for which a complete data record is available, and a comparison of the number of violations to those in prior years.

(3)A listing of any changes in state ambient air quality standards adopted by the state board over the previous two calendar years.

(4)A summary of the results of research projects concluded during the previous two years, the status of current research projects, and the conduct of the research program pursuant to Section 39703.

(5)A summary of any actions taken by the state board to assume the powers of districts under Section 39808.

(6)A summary of the effects of any significant federal actions over the previous two years that have affected state air quality or air quality programs.

(7)A summary of the status of the state implementation plan for achieving and maintaining ambient air quality standards.

(8)A summary of the state board’s actions in the previous two calendar years to control toxic air pollutants pursuant to Chapter 3.5 (commencing with Section 39650).

(9)A summary of actions of the state board in controlling emissions from motor vehicles during the previous two-year period.

(10)A summary of significant actions taken by districts to control emissions from nonvehicular sources during the previous two-year period. This summary shall not include a district by district analysis for each district in the state, but shall include an overall analysis.