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AB-1056 State Air Resources Board: market-based compliance mechanism.(2013-2014)

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Amended  IN  Assembly  March 21, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1056

Introduced by Assembly Member Jones

February 22, 2013

An act to amend Section 39510 of add Section 38575 to the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1056, as amended, Jones. State Air Resources Board: market-based compliance mechanism.
The California Global Warming Solutions Act of 2006 authorizes the State Air Resources Board, known as ARB, by regulation, to adopt a market-based compliance mechanism to further the achievement of the statewide greenhouse gas emissions limits.
This bill would require the board, if the board adopts a market-based compliance mechanism that provides for the auctioning of greenhouse gas allowances, to provide quarterly reports to certain committees of the Legislature regarding the auction, as specified.

Existing law establishes the State Air Resources Board in the California Environmental Protection Agency and requires the state board to consist of 12 members appointed based on certain qualifications.

This bill would make nonsubstantive changes to the provision relating to the membership of the state board.

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

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


SECTION 1.

 Section 38575 is added to the Health and Safety Code, to read:

38575.
 If the state board adopts a market-based compliance mechanism pursuant to this part that provides for the auctioning of greenhouse gas allowances, the state board shall provide quarterly reports to the appropriate legislative and budget committees of the Legislature no later than one week following each auction. The report shall include all of the following information for each auction:
(a) The total number of allowances available for sale.
(b) The total number of allowances sold.
(c) The breakdown of the number of allowances sold that were consigned by electrical utilities in comparison to the number of allowances not freely allocated by the state board to the utilities.
(d) The market clearing price per allowance.
(e) The percentage of allowances sold to a covered entity or an opt-in covered entity.
(f) The total revenue generated from allowances consigned by electrical utilities.
(g) The total revenue generated from allowances not freely allocated by the state board to the utilities.

SECTION 1.Section 39510 of the Health and Safety Code is amended to read:
39510.

(a)The State Air Resources Board is continued in existence in the California Environmental Protection Agency. The state board shall consist of 12 members.

(b)The members shall be appointed by the Governor, with the consent of the Senate, on the basis of their demonstrated interest and proven ability in the field of air pollution control and their understanding of the needs of the general public in connection with air pollution problems.

(c)Six members shall have the following qualifications:

(1)One member shall have training and experience in automotive engineering or closely related fields.

(2)One member shall have training and experience in chemistry, meteorology, or related scientific fields, including agriculture or law.

(3)One member shall be a physician and surgeon or an authority on health effects of air pollution.

(4)Two members shall be public members.

(5)One member shall have the qualifications specified in paragraph (1), (2), or (3) or shall have experience in the field of air pollution control.

(d)Six members shall be board members from districts who shall reflect the qualitative requirements of subdivision (c) to the extent practicable. Of these members:

(1)One shall be a board member from the south coast district.

(2)One shall be a board member from the bay district.

(3)One shall be a board member from the San Joaquin Valley Unified Air Pollution Control District.

(4)One shall be a board member from the San Diego County Air Pollution Control District.

(5)One shall be a board member from the Sacramento Metropolitan Air Quality Management District, the Placer County Air Pollution Control District, the Yolo-Solano Air Quality Management District, the Feather River Air Quality Management District, or the El Dorado County Air Pollution Control District.

(6)One shall be a board member of any other district.

(e)A vacancy shall be filled by the Governor within 30 days of the date on which it occurs. If the Governor fails to make an appointment for a vacancy within the 30-day period, the Senate Committee on Rules may make the appointment to fill the vacancy in accordance with this section.

(f)While serving on the state board, all members shall exercise their independent judgment as officers of the state on behalf of the interests of the entire state in furthering the purposes of this division. A member of the state board shall not be precluded from voting or otherwise acting upon a matter solely because that member has voted or acted upon the matter in his or her capacity as a member of a district board, except that a member of the state board who is also a member of a district board shall not participate in an action regarding his or her district taken by the state board pursuant to Sections 41503 to 41505, inclusive.