HomeMy WebLinkAboutMINUTES - 06132006 - D.3 The Board of Su ervisors --
- _. .Contra. . . Cullen
p Clcrk of tlii;Bciard
Costa and
County Administration Building County Administrator
651 Pine Street,Room 106 County / (925)335-1080
Martinez,California 94553-4068 J /J
.lol,n Gioia,District I sE--L•o (W(X��VV��JJ
Gayle B.Uilkema,District II
Mary N.1'iepl,o,District III 1
A9ark DeSaulnier,District IV
Federal D.Glover, District Vof - Ilni :. .s
:gip � •ti3P�
arA•couzi`
June 13,2006
The Honorable Fabian Nunez
Speaker of the California State Assembly
State Capitol, Room 513.
Sacramento, CA 95814
The Honorable Fran Pavley
Assemblywoman, 4151 District
State Capitol, Room 3120
Sacramento, CA 95814
Re- AB 32 Nunez and Pavley=(Support)
Dear Speaker Nunez and Assemblywoman Pavley:
On behalf of Contra Costa County,we are writing to express our support for AB 32, the California
Global Warming Solutions Act of 2006. Establishing concrete limits on the state's global warming
pollution, and developing a mandatory reporting system to track progress towards the limits, are
essential to secure the state's economic prosperity, protect public health and the environment.
California is the world's twelfth largest ernitter of global warming pollution. California's leadership
could have a real impact in curbing global warning, while giving the state a competitive advantage
in the fast-growing clean energy market.
Unless action is taken soon, experts say global warming is expected to threaten California's
economy and environment, causing worse air quality, increased disease outbreaks and heat-related
deaths in some areas, a rise in sea level, and a loss of mountain snowpack and more frequent
droughts that will increase the threat of water shortages and wildfire, among other problems.
There are many actions California can take to tackle global warming. Investments in pollution-
cutting strategies such as energy efficiency, clean energy, cleaner cars and fuels, improved transit,
smart growth, and water conservation will enable the state to cut emissions to 1990 levels by 2020.
Economists have found.that meeting this pollution limit will provide tens of thousands.of new jobs
and save families and businesses billions of dollars by 2020. And by acting soon to limit global
warming pollution, California can provide a clear market signal to spur innovation and drive ne,.v
Nunez and Pavley
June 13, 2006
Page 2 of 2
investments in clean,efficient solutions, creating new job opportunities and enabling the state to lead
the global market for advanced energy technologies.
We are appreciative of the fact that the bill does not anticipate requiring individual cities to track
greenhouse gas emissions back to 1990 in order to set baseline levels, as experience has proven this
to be very time consuming and almost impracticable.The tracking would be statewide, using records
that are available back to the 1990 baseline period.
Contra Costa County commends you for your leadership in addressing global warming and securing
California's competitiveness in the worldwide clean energy market.
Since ely,
hair, Board of Supervisors
ontra Costa County
'l'..�tz
t�
IN THE MATTER OF SUPPORTING RESOLUTION NO. 2006/353
AB 32,THE CALIFORNIA GLOBAL
WARMING SOLUTIONS ACT OF 2006
WHEREAS, illi 32 aims to secure a leadership role for. California in the world's emerging clean enemy
market by establishing tnandatoiy statewide reporting and tracking regulations for greenhouse gas
einissions.related to California's activities, and capping emissions to achieve reductions that snake
tangible differences, thereby reducing;air pollution anal improving public health; and,
WHEREAS, California can achieve these savings through pollution-cutting investments and
programmatic initiatives in areas such as energy efficiency, renewable energy, cleaner cars and fuels,
improved transportation systems;.mica°water co11..iset-vatton; and,
WHEREAS, reducing air.=polluti6n £torn both ixtcibile;and stationary sources can also catalyze the
ingenLiity and creativity of California entrepreneurs 1.to create new businesses and develop cleaner
technologies; and
WHEREAS,reducing greenh6use gas emissions to 1990 levels by 2020::is achievable,.as evidenced by
independent economic studies and state agency reports, and will_save California families and
businesses billion of dollars and provide tens of thousands of"i eva j tis; and;
WHEREAS; the,t:esidelits_of Contra Costa County will remain Healthier if glolial-,uartning and the
corresponding sea-levels-rise.are mitigated;and air quality mill`i.ritpreive;fcspratory health will be
better,deaths from heat and insect-borne diseases will be loweta's:
ween lzOuse gas ei7iissions are
calaped an4 edueed;.aoo:l N aster=availability and qualityr aiidhydroelectric electricity production will
reinain,higher if the Sierrasnow.,pack is ziot.cliriiinishedby reduc.e&sriow,611;and farinniririg in
California xvill beln.0reViable as water availability;is:; stetted;and
WHEREAS,legislation that snakes tangible reductions.iri g#r! ah;Dose gas eiriissic�ns;is expected to be
beneficial to C.ontf;iCosta:.CQtitlty.;
NOW,THEREFORE.,.BE 1T.RESOLVED, that the Co1ltra..Cr-)sta County Board of Supervisors
supports 1113.;32;,and.
FURTHER BE IT RESOLVED, that the Contra.Costa Coutty.:Board of Supervisors direct the County
Administrator's Office to send the enclosed letter,ala.iag.xv.ith a copy of this Resolution, to the
Governor of California, the President:P.to--`1".ernpore of the California State Senate, the Speaker of
the California State l\ssembly, Senator Toni Torlakson,Assenrblynian Joe Canciarnilla,
Assemblywomati.Lori H, cock,As• mblyman Guy Houston, and Assemblywoman Fran Pavley.
JOHN IOTA f
District 1 Supervisor
AYLE B. VILK TVIA - '= 147 R1'N. PIEPHO
..District IT Supervisor District.III Sup . r
MA K DeSAULNIER FEDERAL D. GLOVER
District IV Supervisor. District V Supetiiso.r
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the slate
xhr��vn:
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IN THE MATTER OF SUPPORTING RESOLUTION NO. 2006/353
AB 32,THE CALIFORNIA GLOBAL
WARMING SOLUTIONS ACT OF 2006
WHEREAS, AB 32 aims to secure a leadership role. for California in the world's emerging clean energy
market by establishing mandatory statewide reporting and tracking regulations for greenhouse gas
emissions related to Califortua's activities, and capping emissions to achieve reductions that snake
tangible differences, thereby reducing air pollution and improving public health; and,
WHEREAS, Califor>iva can achieve these savings through pollution-cutting investments and
progranunatic initiatives in areas such as energy efficiency, renewable energy, cleaner cars and fuels,
improved transportation systems .at d eater conservation; and,
WHEREAS, reducing air j cillutlon frorn,botli:mobile.:;and::stationaryFs.oiitces can also catalyze the
ingenuity and:cie t vity'of°California entrepreneurs:.to create..iiexv businesses and develop cleaner
technologies; and
WHEREAS,reducing greenhouse gas emissions to 1990.levels by.2020�is achievable;:.as evidenced by
independent economic.studies and state agency reports, ai d„will:save Californik4amilies and
businesses billion of dollars and provide tens of thousands=of'new jobs; ands
WHEREAS; the residents of Contra Costa County.-,will remain_l''Idiiex' f glol al,tvarining and the
cor.respon� ng sea- evels_-rise;are iiutigated and_air quality w itnvtove : esprratory4healtli will be
better, d6dis%ft6ih heat And,insect-borne dtseasesgas>emissions are
capped as cii: eeliiced:;arid water availability and clua'lityraind;hydroelecttic electric :productio 1 will
renallt.higher if the Sierra snow pack:is,not:ditunished by reduced show fall;-and farming in
Califoriiia wvill lie'ii ore viable as water a�rAi ]biline is�protected aiid :.. :`:
WHEREAS; legislation.that.makes tangible reductions ii1'ag eeril ouse gas einissions rs::expected to be
beneficial to Contra';;:C,osta:.C:ounty;
NOW, THEREFORE IT RESOLVED,.that the.CoiitrA,.Gosta.County-Board of Supenxisors
supports A8,52;•anal.:.
FURTHER BE IT RESOLVED;:that thq.Contra-Costa.Cout ty..Board of Supervisors direct the County
Administrator's Office to send.the enclosed letter, along-widi a copy of this Resolution, to the
.......P.
Governor of California, the President -to Teir'ip�re of the California State Senate, the Speaker of
,the California State Assembly, Senator,rom Torlakson,Assemblyman )oe Canciatn.illa,
Assemblywoman Loni H, icock,As inbl.Plan Guy Houston, and Assetnblywoma.n Fran Pavley.
I
JOHN IOIA
Chair
District I Supervisor >
AYLE k Id31,KEMA �� M RY N. PIEPHO
District.IT Supervisor District III Stip r
MARK DeSAULNIER FEDERAL D. GLOVER
District IV St.)pervisor District V Supervisor
1 hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supen•isors on the date
shown:
A I"I1:ST D: JUNE 13,2006
1Ol IN C:UL,I. 'N, (:Icrk of the Board of Supervisors and County
Administfatur
L -
Inlrnduced bl),S*itl)e?7,i.for•.I..)e,S'arrliriei: Di.rl?aclll.' - -- --
AB 32 Assembly Bill - AMENDED Page 1 of 7
BILL NUMBER: AB 32 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2006
AMENDED IN SENATE AUGUST 15, 2005
AMENDED IN ASSEMBLY MARCH 31, 2005
INTRODUCED BY Assembly ^- � � 5
Members Nunez and Pavl'ey
( Principal coauthor: Assembly Member
Nation )
(Coauthors: Assembly Members r
Berg, Chan,
Cohn, Goldberg, Hancock,
Jones, Klehs, Koretz, ;-lQir-d
Laird, Leno, Lieber,
Ridley-Thomas, Saldana, and Yee )
2i;^it2aj; Coauthors: Senators
Bowen, Escutia, Kehoe, Kuehl,
and Simitian )
DECEMBER 6, 2004
An act to amend -;^^* ^^r n;�stn, -,.,a 42222
Section 39003 of, and to add Chapter —C��
7 (commencing with Section 42875) to Part 4 of Division 26
of, the Health and Safety Code, and to amend Section 25730 of
the Public Resources Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 32, as amended, -Raw1gy- Nunez
-rre� nur�� 9as �m� ssnns Air pollution:
California Global Warming Solutions Act of 2006: greenhouse gases.
Under existing law, the State Air Resources Board, the State
Energy Resources Conservation and Development Commission (Energy
Commission) , and the California Climate Action Registry all have
responsibilities with respect to the control of emissions of
greenhouse gases, as defined, and the Secretary for Environmental
Protection is required to coordinate emission reductions of
greenhouse gases and climate change activity in state government.
This bill would enact the California Global Warming Solutions Act
of 2006, to require the state board to adopt regulations on or before
January 1, 2008, establishing a program to monitor and report on
existing emissions and changes in emissions of greenhouse gases from
sources identified by the state board, and to monitor compliance with
emission limits on greenhouse gases, as specified. The bill would
provide that the state board is the state agency charged with
monitoring, tracking, and regulating the sources and reducing
emissions of gases known to cause global warming. The bill would
require the state board to adopt regulations, .on or before January 1,
2008, to reduce statewide greenhouse gas emissions to 1990 emission
levels by 2020, as specified. The bill would require the Governor to
establish an interagency task force to coordinate investments of
state moneys and state programs that reduce emissions of greenhouse
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AB 32 Assembly Bill - AMENDED Page 2 of 7
gases, promote economic growth, make information publicly available
to assist sources of greenhouse gases to meet the emissions
requirements of the bill, ensure that existing state programs support
the emissions requirements of the bill, and monitor conditions and
coordinate planning and the state's response to changing climate
conditions as they impact state water supplies, air quality, and
environmental and public health conditions.
Under existing law the Energy Commission, in consultation with
certain state agencies, departments, and boards with jurisdiction
over matters affecting climate change, is required, by January 1,
2002, to update the inventory of greenhouse gas emissions from all
sources located in the state, as identified in a specified report, to
update its inventory every 5 years, and to report on the updated
inventory to the Governor and the Legislature. Existing law- requires
the Energy Commission to conduct at least one public workshop prior
to finalizing each updated .inventory and to post its report and
inventory on the Internet. Existing law additionally requires the
Energy Commission to convene an interagency task force consisting of
state agencies with jurisdiction over matters affecting climate
change to ensure policy coordination for those activities, and to
establish a climate change advisory committee, as provided, to make
recommendations to the Energy Commission on the most equitable and
efficient ways to implement international and national climate change
requirements, as provided.
This bill would delete the above-described requirements and
instead require that the Energy Commission update its inventory of
emissions of greenhouse gases to supplement the information collected
by the state board and enable the state board to maintain a
reasonably comprehensive inventory of the state's emissions of
greenhouse gases.
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AB 32 Assembly Bill - AMENDED Page 3 of 7
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39003 of the Health
and Safety Code is amended to read:
39003. The State Air Resources Board is the state agency charged
with coordinating efforts to attain and maintain ambient air quality
standards, to conduct research into the causes of and solution to air
pollution, to monitor, track, and regulate the sources and
reduce emissions of gases known to cause global warming, and to
systematically attack the serious problem caused by motor vehicles,
which is the major source of air pollution in many areas of the
state.
SEC. 2. Chapter 7 (commencing with Section 42875)
is added to Part 4 of Division 26 of the Health and Safety
Code , to read:
CHAPTER 7. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF
2006
42875. (a) This chapter shall be known, and may be cited, as the
California Global. Warming Solutions Act of 2006.
(b) For purposes of this chapter, the following terms have the
following meanings:
(1) "Carbon dioxide equivalents” means the amount of carbon
dioxide by weight that would produce the same global warming impact
as a given weight of another greenhouse gas, to be determined based
on the most recent information available from the Intergovernmental
Panel on Climate Change.
(2) "Cost-effectiveness" means the net costs, or the costs less
the benefits, per unit of reduced emissions of greenhouse gases.
(3) "Direct, " "indirect, " and "cumulative" shall have the same
meanings as those terms are defined in Sections 1508. 7 and 1508. 8 of
Title 40 of the Code of Federal Regulations.
(4) "Greenhouse gases" means "greenhouse gases" as defined in
Section 42801.1.
(5) "Load-serving entity" means any entity, including an
electrical corporation, as defined in Section 218 of the Public
Utilities Code, local publicly owned electric utility, as defined in
Section 9604 of the Public Utilities Code, electric .service provider,
as defined in Section 218.3 of the Public Utilities (:ode, private
energy producer, as defined in Section 2802 of the Public Utilities
Code, a facility that uses cogeneration, as defined in Section 7.18.5
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AB 32 Assembly Bill - AMENDED Page 4 of 7
of the Public Utilities Code, for the generation of electricity, and
a community aggregator operating pursuant to Section 366.2 of the
Public Utilities Code, that provides electricity to retail end-use
customers. "Load-serving entity" does not include the California
Energy Resources Scheduling division within the Department of Water
Resources, when acting pursuant to Division 27 (commencing with
Section 80000) of the Water Code.
42875. 1. It is the policy of the state that all state agencies
consider and implement measures to reduce greenhouse gas emissions.
This policy shall be incorporated into all state agencies '
decisionmaking activities.
42876. (a) On or before January 1, 2008, the state board shall
identify all significant sources of emissions of greenhouse gases and
adopt regulations establishing a program to accomplish the
following:
(1) Monitor and report existing emissions and changes in emissions
over time, from sources identified by the state board.
(2) Monitor compliance with the emissions limits on greenhouse
gases established by the state board pursuant to Section 42877.
(b) The state board shall require reporting of the greenhouse gas
emissions associated with fossil fuels used in California by entities
that are the gateways for those fossil fuels, including oil
refineries, oil storage facilities, and natural gas pipelines.
(c) The state board shall require reporting of emissions of
greenhouse gases by all load-serving entities, for all electricity
consumed in the state, accounting for transmission line losses,
whether the electricity is generated within the state or generated
outside the state and imported into the state.
(d) The state board shall require reporting of emissions of
greenhouse gases from any additional entities that are significant
emitters of greenhouse gases, as appropriate to enable the state
board to monitor compliance with the emissions limits for greenhouse
gases established pursuant to Section 42877.
(e) The state board shall, to the e.-,:tent feasible, incorporate the
standards and protocols developed by the California Climate Action
Registry, established pursuant to Chapter 6 (commencing with Section
42800) , as the basis for the monitoring and reporting of emissions of
greenhouse gases. Entities that voluntarily participated in the
California Climate Action Registry prior to December 31, 2006, and
have a fully developed reporting program, shall not be required to
significantly alter their reporting or verification program except as
necessary to ensure that reporting is complete and transparent for
the purposes of state regulation and tracking of emissions of
greenhouse gases.
42877. (a) On or before January 1, 2008, the state board shall
adopt regulations that will reduce statewide greenhouse gas emissions
to 1990 emission levels by 2020, taking into account projected
reductions in greenhouse gas emissions from state agency programs not
subject to this chapter. The emission limits shall be expressed in
total tons of allowable emissions of greenhouse gases, expressed in
carbon dioxide equivalents, and shall include all emissions of
greenhouse gases from the generation of electricity delivered by
load-serving entities and consumed in California, whether generated
in-state or imported. The state board shall consult with air
pollution control districts and air quality management districts in
the development of measures for the reduction of emissions of
greenhouse gases that will affect emissions of criteria pollutants
from stationary sources.
(b) In order to achieve the statewide limit for 2020 greenhouse
gas emissions established in subdivision (a) , the state board shall
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AB 32 Assembly Bill - AMENDED Page 5 of 7
establish a series of enforceable limits to become effective
beginning on January 1, 2012, that gradually reduce emissions levels
to the 2020 limit.
(c) The regulations adopted by the state board shall do all of the
following:
(1) Distribute the costs and benefits of the program, including
emission allowances, in a manner that is equitable, maximizes the
total benefit to the economy, does not disproportionately burden low-
and moderate-income households, provides compliance flexibility
where appropriate, and ensures that entities that have voluntarily
reduced their emissions receive appropriate consideration for
emissions reductions made prior to the implementation of this
program.
(2) Ensure that the measures implemented to achieve reductions in
emissions of greenhouse gases do not result in a direct, indirect, or
cumulative increase in emissions of toxic air contaminants,
identified pursuant to Article 3 (commencing with Section 39660) of
Chapter 3.55 of Part 2, or cause or contribute to a violation of a
federal or California health-based ambient air quality standard, in
any community.
(3) Evaluate emissions reduction opportunities based upon their
cost-effectiveness and additional societal benefits, including
reductions in other air pollutants, energy security, and protection
of the environment and public health.
(4) Minimize the administrative burden of implementing and
complying with the program.
(5) Minimize displacement of emissions outside of the scope of the
program established by this chapter.
(6) Where feasible, coordinate with other states and countries to
reduce emissions of greenhouse gases in a manner that does not
conflict with California law and regulations.
(d) The emission limits for greenhouse gases established by the
state board shall be enforced pursuant to Article I (commencing with
Section 42300) of Chapter 4.
(e) On or before January 1, 2009, and annually thereafter, the
state board, in consultatio:l with the task force established pursuant
to Section 42878, shall report to the Legislature on the current
level of emissions of greenhouse gases and progress made toward
compliance with the emissions limits on greenhouse gases established
by the state board pursuant to subdivision (b) . The report shall
include an inventory of current emissions of greenhouse gases based
upon information reported to the ;Late board pursuant- to this section
and information provided by the State Energy Resources Conservation
and Development Commission pursuant to Section 257.30 of the Public
Resources Code. The report shall include historical and forecasted
.levels of emissions of greenhouse gases that compares emissions from
similar inventories prepared for other states, for the United Statcs,
and Ior other countries, a description of ongoing efforts to reduce
emissions of greenhouse gases, and a summary of additional measures
that may be taken in the future.
(f) On or before January 1, 2015, the state board shall evaluate
technological capability and economic factors, and adopt regulations
that establish a statewide limit on emissions of greenhouse gases, to
become effective on January 1, 2030, and a regularly scheduled
series of limits that will gradually reduce emissions of greenhouse
gases from the 2020 emissions limit, to meet the 2030 emissions
limit.
42878. (a) The Governor shall establish an interagency task
force, which shall consist of the following:
(1) The Secretary for Environmental Protection or his or her
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AB 32 Assembly Bill - AMENDED Page 6 of 7
designee.
(2) The chairperson of the state board or his or her designee.
(3) The Secretary of the Resources Agency or his or her designee.
(4) The Chair of the State Energy Resources Conservation and
Development Commission or his or her designee.
(5) The President of the Public Utilities Commission or his or her
designee.
(6) Representatives of other state agencies or departments that
the Governor determines have an important role in reducing emissions
of greenhouse gases.
(b) The interagency task force shall, to the extent feasible, do
all the following:
(1) Coordinate investments of state moneys and state programs that
reduce emissions of greenhouse _gases.
(2) Promote economic growth by encouraging industries that develop
and deploy in the state, and export from the state, technologies and
processes that reduce greenhouse gas emissions.
(3) Make information publicly available about state programs that
may provide assistance for sources of greenhouse gases to meet ti:e
requirements of this chapter.
(4) Ensure that e::isting state programs support the emissions
limits on _greenhouse gases established by the state board pursuant to
Section 42877.
(5) Monitor conditions and coordinate planning and the state's
response to changing climate conditions as they impact state water
supplies, air quality, and environmental and public health
condi t1 o,2s.
42879. (a) Nothing in this chapter shall relieve any entity of
compliance with state air and water quality requireme:lts, or other
requirements for protecting public health or the environment.
(b) Nothing in this chapter shall limit the e::isting authority of
any local or regional authority.
SEC. 3. Section 25730 of. the Public
Resources Code is amended to read:
25730. The commission, in consultation with the State Air
Resources Board, the Department of Forestry and Fire Protection, the
Department of Transportation., the State Water Resources Control
Board, the California Integrated Waste Management Board, and other
state agencies with ju.ri.sdiction over matters affecting climate
charge, shall do —a.I1— both of the
following:
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(a) Acquire and develop data and information
on global climate change, and provide state, regional, and local
agencies, uti.l.ities, business, industry, and Other energy and
economic sectors with information on the costs, technical
feasibility, and demonstrated effectiveness of methods for reducing
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AB 32 Assembly Bill - AMENDED Page 7 of 7
or mitigating the production of greenhouse gases from in-state
sources, including net reductions through the management of natural
forest reservoirs. The commission, in consultation with the State
Air Resources Board, shall provide a variety of forums for the
exchange of that information among interested parties, and shall
provide other state agencies with information on cost-effective and
technologically feasible methods that can be used to reduce or
mitigate the emissions of greenhouse gases.
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(b) Update its inventory of emissions of greenhouse gases in order
to supplement the information collected by the State Air Resources
Board pursuant to Section 42877 of the Health and Safety Code, and to
enable the State Air Resources Board to maintain a reasonably
comprehensive inventory of the state's emissions of greenhouse gases.
All matter omitted in this version of the bill appears in
the bill as amended in Senate, August 15, 2005 (JR11)
http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_32_bill_20060418_amended_sen... 6/5/2006