Today's Law As Amended

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AB-378 Greenhouse gases, criteria air pollutants, and toxic air contaminants.(2017-2018)



SECTION 1.
 The Legislature finds and declares all of the following:
(a) It is a primary objective of the state to reduce greenhouse gas emissions, which is critical for the protection of all areas of the state but especially for the state’s most disadvantaged communities, which will be disproportionately impacted by climate change and emissions from sources of greenhouse gases, including short-lived climate pollutants, as well as criteria pollutants and toxic air contaminants.
(b) While low-income communities and communities of color in the state suffer from some of the worst air quality in the nation, the state has been and must continue to be a leader in making investments in historically disadvantaged communities.
(c) Achieving the state’s climate and air quality goals in an equitable and effective manner will require a mix of direct regulations and incentives that hold major emitters accountable for the social costs of their emissions, protect the state’s economy, and direct investments to communities across the state.

SEC. 2.

 Section 38562.5 of the Health and Safety Code is amended to read:

38562.5.
 (a)  When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, the state board shall follow the requirements in subdivision (b) of Section 38562, consider and account for  the social costs of the emissions of greenhouse gases, and prioritize both of the following:
(a) (1)  Emission reduction rules and regulations that result in direct emission reductions at large stationary sources of greenhouse gas emissions sources  and direct emission reductions from mobile sources.
(b) (2)  Emission reduction rules and regulations that result in direct emission reductions from sources other than those specified in subdivision (a). paragraph (1). 
(b) To complement direct emissions reduction measures in ensuring the reductions in greenhouse gas emissions required pursuant to Section 38566, the state board may adopt or amend regulations that establish a system of market-based declining annual aggregate emissions limits for sources or categories of sources that emit greenhouse gases, applicable from January 1, 2021, to December 31, 2030, inclusive, that the state board determines will achieve the maximum technologically feasible and cost-effective reductions in the emissions of greenhouse gases, in the aggregate, from sources or categories of sources.
(c) The state board may adopt no-trade zones or facility-specific declining greenhouse gas emissions limits where facilities’ emissions contribute to a cumulative pollution burden that creates a significant health impact.

SEC. 3.

 Section 38562.6 is added to the Health and Safety Code, to read:

38562.6.
 (a) For purposes of this section, “district” has the same meaning as set forth in Section 39025.
(b) (1) On or before January 1, 2019, the state board, in consultation with each affected district, shall adopt air pollutant emissions standards applicable to industrial facilities subject to a regulation adopted pursuant to subdivision (b) of Section 38562.5 or Part 5 (commencing with Section 38570).
(2) In adopting the air pollutant emissions standards pursuant to this subdivision, the state board shall evaluate the air pollutant emissions of each industrial facility subject to the regulation adopted pursuant to subdivision (c) of Section 38562. The state board’s evaluation shall be based on the most recent available data on industrial facilities gathered from districts, facility operators, public comments, and other research as necessary, and shall examine all of the following:
(A) Permitted and actual emissions of criteria air pollutants and toxic air contaminants.
(B) Date of the most recent new source review conducted pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.) for each emission unit.
(C) Emissions control measures for each criteria air pollutant and toxic air contaminant, including, but not limited to, emissions control technology for each emission unit.
(D) Whether each emission unit meets best available control technology, as defined in Section 40405, or best available retrofit control technology, as defined in Section 40406, as applicable.
(E) The performance of similar industrial facilities.
(F) District records of complaints, enforcement actions, and penalties.
(c) On and after January 1, 2021, the state board shall not allocate allowances pursuant to a regulation adopted pursuant to subdivision (b) of Section 38652.5 or Part 5 (commencing with Section 38570) to an industrial facility that does not meet the air pollutant emissions standards for criteria air pollutants and toxic air contaminants adopted pursuant to subdivision (b).

SEC. 4.

 Section 38567 is added to the Health and Safety Code, to read:

38567.
 In furtherance of ensuring the reductions in greenhouse gas emissions required pursuant to Section 38566 and consistent with this division, the state board shall do all of the following:
(a) Adopt the most effective and equitable mix of emissions reduction measures to achieve the 2030 goal.
(b) Ensure that emissions reduction measures collectively and individually support achieving air quality and other environmental and public health goals.