Today's Law As Amended


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AB-151 California Global Warming Solutions Act of 2006: market-based compliance mechanisms: scoping plan: report.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 38561 of the Health and Safety Code is amended to read:

38561.
 (a) (1) On or before January 1, 2009, the state board shall prepare and approve a scoping plan, as that term is understood by the state board, for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 under this division.
(a) (2)  On or before January 1, 2009, the state board shall prepare and approve a scoping plan, as that term is understood by the state board, for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 under this division.  The state board shall consult with all state agencies with jurisdiction over sources of greenhouse gases, including the Public Utilities Commission and the State Energy Resources Conservation and Development Commission, on all elements of its plan that pertain to energy-related matters matters,  including, but not limited to, electrical generation, load based-standards or requirements, the provision of reliable and affordable electrical service, petroleum refining, and statewide fuel supplies to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the state board are complementary, nonduplicative, and can be implemented in an efficient and cost-effective manner.
(b) The plan shall identify and make recommendations on direct emissions reduction measures, alternative compliance mechanisms, market-based compliance mechanisms, and potential monetary and nonmonetary incentives for sources and categories of sources that the state board finds are necessary or desirable to facilitate the achievement of the maximum feasible and cost-effective reductions of greenhouse gas emissions by 2020.
(c) In making the determinations required by subdivision (b), the state board shall consider all relevant information pertaining to greenhouse gas emissions reduction programs in other states, localities, and nations, including the northeastern states of the United States, Canada, and the European Union.
(d) The state board shall evaluate the total potential costs and total potential economic and noneconomic benefits of the plan for reducing greenhouse gases to California’s economy, environment, and public health, using the best available economic models, emission estimation techniques, and other scientific methods.
(e) In developing its plan, the state board shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions, and the potential for adverse effects on small businesses, and shall recommend a de minimis threshold of greenhouse gas emissions below which emissions reduction requirements will not apply.
(f) In developing its plan, the state board shall identify opportunities for emissions reduction measures from all verifiable and enforceable voluntary actions, including, but not limited to, carbon sequestration projects and best management practices.
(g) The state board shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The state board shall conduct a portion of these workshops in regions of the state that have the most significant exposure to air pollutants, including, but not limited to, communities with minority populations, communities with low-income populations, or both.
(h) The state board shall update its plan for achieving the maximum technologically feasible and cost-effective reductions of greenhouse gas emissions at least once every five years.
(i) (1) The state board shall report to the appropriate policy and fiscal committees of the Legislature to receive input, guidance, and assistance before adopting guidelines and regulations implementing the scoping plan adopted pursuant to this section.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.SEC. 2.

 Section 38566 of the Health and Safety Code is amended to read:

38566.
 (a)  In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.
(b) (1) The state board shall report to the appropriate policy and fiscal committees of the Legislature to receive input, guidance, and assistance before adopting rules and regulations implementing this section.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

 Section 38568 is added to the Health and Safety Code, to read:

38568.
 (a) No later than January 1, 2019, the state board shall report to the Legislature on the need for increased education, career technical education, job training, and workforce development in ensuring that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030, pursuant to Section 38566, and as a result of the scoping plan, adopted pursuant to Section 38561. The state board shall work in conjunction with all of the following:
(1) Secretary of Labor and Workforce Development.
(2) California Workforce Development Board.
(3) State Department of Education.
(4) California Community Colleges.
(5) Trustees of the California State University.
(6) Regents of the University of California.
(7) Interested stakeholders.
(8) Green Collar Jobs Council, established pursuant to Section 15002 of the Unemployment Insurance Code.
(b) The report shall include, but need not be limited to, providing policy guidance and recommendations on all of the following:
(1) Creating and retaining jobs and stimulating economic activity in the state.
(2) Preparing the state’s pupils and students with career technical education for the green economy.
(3) Preparing the state’s pupils, students, and workers with the skills necessary to successfully compete in the global economy.
(4) Developing worker retraining programs to assist the existing workforce with the necessary tools to upgrade their skills resulting in a just transition, as that term is defined by the state board.
(5) Responding to the job creation and workforce needs of the state’s new and emerging industries, including emerging technologies that will result in greater greenhouse gas emissions reductions.
(6) Integrating workforce skill requirements with the rapidly changing local and regional labor markets.
(7) Developing job training programs to assist specific populations, such as at-risk youth, displaced workers, veterans, and others facing barriers to employment.
(8) Targeting workforce development programs and activities in disadvantaged communities, as identified pursuant to Section 39711, and communities that are located near entities regulated by the state board pursuant to this division.
(9) Identifying and leveraging state and federal funding resources, including, but not limited to, moneys collected through a market-based compliance mechanism, developed pursuant to Part 5 (commencing with Section 38570), to implement the recommendations made in the report consistent with the regulatory purposes of this division.
(c) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2023.

SEC. 4.

 Section 38572 is added to the Health and Safety Code, to read:

38572.
 (a) The Compliance Offsets Protocol Task Force is hereby established for the purpose of investigating, analyzing, and providing guidance to the state board in approving new offset protocols for a market-based compliance mechanism adopted pursuant to this part with a priority on the development of new urban offset protocols.
(b) The Compliance Offsets Protocol Task Force shall consist of multiple stakeholders, including, but not limited to, all of the following:
(1) Scientists.
(2) Representatives from air pollution control and air quality management districts.
(3) Carbon market experts.
(4) Environmental justice advocates.
(5) Labor and workforce representatives.
(6) Forestry and agriculture experts.
(7) Business representatives.
(c) The state board, in conjunction with the Compliance Offsets Protocol Task Force, shall develop a multitiered incentive system for compliance offset credits in the following order:
(1) Offsets in disadvantaged communities, as identified pursuant to Section 39711.
(2) Offsets in communities with stationary sources that emit greenhouse gases and are regulated by the state board.
(3) Offsets in the state or on Native American or tribal lands.
(4) Offsets in territories linked to the state through a greenhouse gas emission trading program.
(5) Offsets in the United States.