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SB-1027 Greenhouse gases.(2017-2018)

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Date Published: 02/07/2018 09:00 PM
SB1027:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1027


Introduced by Senator Pan

February 07, 2018


An act to amend Sections 12891, 12892, and 12893 of, and to add Section 12893.1 to, the Government Code, relating to air quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 1027, as introduced, Pan. Greenhouse gases.
Existing law, the California Global Warming Solutions Act of 2006, requires the State Air Resources Board to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to the statewide GHG emissions level in 1990 to be achieved by 2020. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective GHG emission reductions. The act authorizes the state board to include use of market-based compliance mechanisms. The act requires all state agencies to consider and implement strategies to reduce their GHG emissions. 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 specified state agencies to prepare and submit to the Secretary for Environmental Protection specified information for inclusion in an annual greenhouse gas emission reduction report card, including a list of measures that the state agency has adopted or implemented, or that are needed, to meet GHG emission reduction targets, as defined, and information regarding the agency’s own GHG emissions. Existing law requires the specified state agencies, not less than once every 3 years, to the extent funds are available, to conduct an independent audit and verification of the actual and proposed GHG emission reductions achieved by the state agency, in order to ensure that the agency is achieving GHG emission reduction targets.
This bill would require the GHG emission reduction targets to also include targets for each employee or category of employees, and would require the information prepared and submitted for the report card to include information about employee GHG emissions. The bill would require an independent audit and verification to include actual and proposed reductions achieved for each employee or category of employees, to identify areas of improvement and determine best practices for reducing employee GHG emissions, and to revise employee GHG emission reduction targets and proposed measures for reducing employee GHG emissions pursuant to that determination. The bill would require the implementation of these provisions to be funded with moneys from the Greenhouse Gas Reduction Fund, or other funds available to carry out the purposes of these provisions, upon appropriation by the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12891 of the Government Code is amended to read:

12891.
 For the purposes of this chapter, the following terms have the following meanings:
(a) “Agency” means the California Environmental Protection Agency.
(b) “Climate Action Team Report” means the report prepared pursuant to Executive Order S-3-05 and submitted to the Governor and the Legislature in March 2006.
(c) “GHG” means greenhouse gas as defined in subdivision (g) of Section 38505 of the Health and Safety Code.
(d) “GHG emission reduction target” means a target established for a state agency in the Climate Action Team Report, or a requirement made applicable to that state agency by an action taken by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. Code, or a target established for an employee or category of employees pursuant to this chapter.
(e) “Secretary” means the Secretary for Environmental Protection.
(f) “State agency” means a state agency listed in the Climate Action Team Report, a state office, department, division, bureau, board, or commission whose operations or programs result in greenhouse gas emissions that are subject to Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and any other state agency listed in Section 12800, as determined by the secretary.

SEC. 2.

 Section 12892 of the Government Code is amended to read:

12892.
 (a) On or before October 1 of each year, each state agency shall prepare and submit to the secretary in a standardized format as determined by the agency all of the following:
(1) A list of those measures that have been adopted and implemented by the state agency to meet GHG emission reduction targets targets, including employee targets established pursuant to paragraph (4), and a status report on actual GHG emissions reduced as a result of these measures.
(2) A list and timetable for adoption of any additional measures needed to meet GHG emission reduction targets.
(3) An estimate of the department’s state agency’s own greenhouse gas GHG emissions, and the GHG emissions of each employee or category of employees, as well as an explanation of any increase or decrease compared to the previous year’s emissions.
(4) A GHG emission reduction target, or updated target, for each employee or category of employees.
(b) In order to reduce paperwork and workload, information required to be submitted pursuant to this section may be submitted in a standardized electronic format as determined by the agency.
(c) On or before January 1 of each year, the agency shall compile and organize the information submitted pursuant to this section into a clear, standardized format, and shall provide that information on the agency’s Internet Web site in the form of a state agency greenhouse gas emission reduction report card.
(d) The report card shall compare the actions taken and proposed to be taken by individual state agencies and their projected annual GHG emission reductions against the state agency GHG emission reduction targets and statewide GHG emission reduction limits.
(e) Where appropriate, the report card shall include a statement regarding the independent audits required by Section 12893.
(f) In conjunction with the Governor’s Budget submitted pursuant to subdivision (a) of Section 12 of Article IV of the California Constitution, on or before January 10 of each year, the agency shall submit to the Legislature a comprehensive budget display that includes both of the following:
(1) Funding proposals and base funding in the proposed Governor’s Budget for state agencies implementing climate solutions to meet the greenhouse gas emissions GHG emission reduction targets as specified in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2) A five-year work plan summary for each department included in the comprehensive budget display that shows how staff and contracting resources will be allocated to achieve specified climate solution deliverables.

SEC. 3.

 Section 12893 of the Government Code is amended to read:

12893.
 (a) Not less than once every three years, each state agency reporting pursuant to Section 12892 shall, to the extent funds are available, conduct an independent audit in a standardized format determined by the agency and verification of the actual and proposed GHG emissions emission reductions achieved by that state agency agency, and the actual and proposed GHG emission reductions for each employee or category of employees, in order to ensure that the state agency is achieving GHG emission reduction targets.
(b) In the independent audit conducted pursuant to subdivision (a), a state agency shall identify areas of improvement for reducing GHG emissions of each employee or category of employees, determine best practices for reducing employee GHG emissions, and revise its employee GHG emission reduction targets and proposed measures for reducing employee GHG emissions, pursuant to that determination.

SEC. 4.

 Section 12893.1 is added to the Government Code, to read:

12893.1.
 The implementation of this chapter shall be funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8, or other funds available to carry out the purposes of this chapter, upon appropriation by the Legislature.