Assembly Bill No. 32

CHAPTER 488

An act to add Di vision 25.5 (commencing with Section 38500) to the Health and Safety Code, relating to air pollution.

[Appro v ed by Go v ernor September 27, 2006. Filed with Secretary of State September 27, 2006.]

**le g**  **isl a**  **t i**  **v e c**  **ounse l**  **’ s dig**  **es t** 

AB 32, Nunez

. Air pollution: greenhouse g ases: California Global W arming Solutions Act of 2006. Under e xisting la w , the State Air Resources Board (state board), the State Energy Resources Conserv ation and De v elopment Commission (Energy Commission), and the California Climate Action Re gistry all hav e responsibilities with respect to the control of emissions of greenhouse
g ases, as de fi ned, and the Secretary for En vironmental Protection is required to coordinate emission reductions of greenhouse g ases and climate change acti vity in state go v ernment. This bill w ould require the state board to adopt re gulations to require the reporting and v eri fi cation of state wide greenhouse g as emissions and to monitor and enforce compliance with this program, as speci fi ed. The bill

w ould require the state board to adopt a state wide greenhouse g as emissions limit equi v alent to the state wide greenhouse g as emissions le v els in 1990 to be achie v ed by 2020, as speci fi ed. The bill w ould require the state board to adopt rules and re gulations in an open public process to achie v e the maximum technologically feasible and cost-ef fecti v e greenhouse g as emission reductions, as speci fi ed. The bill w ould authorize the state board to adopt mark et-based compliance mechanisms, as de fi ned, meeting speci fi ed requirements. The bill w ould require the state board to monitor compliance with and enforce an y rule, re gulation, order , emission limitation, emissions reduction measure, or mark et-based compliance mechanism adopted by the state board, pursuant to speci fi ed pro visions of

e xisting la w

. The bill w ould authorize the state board to adopt a schedule of fees to be paid by re gulated sources of greenhouse g as emissions, as speci fi ed. Because the bill w ould require the state board to establish emissions limits and other requirements, the violation of which w ould be a crime, this bill w ould create a state-mandated local program. The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state. Statutory pro visions establish procedures for making that reimb ursement. This bill w ould pro vide that no reimb ursement is required by this act for a speci fi ed reason.

89The people of the State of California do enact as follows:

SECTION 1. Di vision 25.5 (commencing with Section 38500) is added to the Health and Safety Code , to read:

DIVISION 25.5. CALIFORNIA GLOB AL W ARMING SOLUTIONS ACT OF 2006

P AR T 1. GENERAL PROVISIONS

**Chap t**  **e r**  1. **T itle o**  **f Di**  **v isio**  **n**

38500. This di vision shall be kno wn, and may be cited, as the California Global W

arming Solutions Act of 2006.

**Chap t**  **e r**  2. **F inding**  **s and De c**  **l ar**  **a t**  **io ns** 

38501. The Le gislature fi nds and declares all of the follo wing: (a) Global w arming poses a serious threat to the economic well-being, public health, natural resources, and the en vironment of California. The potential adv erse impacts of global w arming include the e xacerbation of air quality problems, a reduction in the quality and supply of w ater to the state from the Sierra sno wpack, a rise in sea le v els resulting in the displacement of thousands of coastal b usinesses and residences, damage to marine ecosystems and the natural en vironment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. (b) Global w arming will hav e detrimental ef fects on some of California ’ s largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fi shing, and forestry . It will also increase the strain on electricity supplies necessary to meet the demand for summer air -conditioning in the hottest parts of the state. (c) California has long been a national and international leader on

energy conserv ation and en vironmental ste w ardship ef forts, including the areas of air quality protections, ener gy ef fi cienc y requirements, rene w able

energy standards, natural resource conserv ation, and greenhouse g as emission standards for passenger v ehicles. The program established by this di vision will continue this tradition of en vironmental leadership by placing California at the forefront of national and international ef forts to reduce emissions of greenhouse g ases. (d) National and international actions are necessary to fully address the issue of global w arming. Ho we v er , action tak en by California to reduce emissions of greenhouse g ases will hav e f ar -reaching ef

fects by encouraging other states, the federal go v ernment, and other countries to
act.

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— Ch. 488(e) By e x ercising a global leadership role, California will also position

its economy , technology centers, fi nancial institutions, and b usinesses to bene fi t from national and international ef forts to reduce emissions of greenhouse g ases. More importantly , in v esting in the de v elopment of inno v ati v e and pioneering technologies will assist California in achie ving the 2020 state wide limit on emissions of greenhouse g ases established by this di vision and will pro vide an opportunity for the state to tak e a global economic and technological leadership role in reducing emissions of greenhouse g ases. (f) It is the intent of the Le gislature that the State Air Resources Board coordinate with state agencies, as well as consult with the en vironmental justice community , industry sectors, b usiness groups, academic institutions, en

vironmental org anizations, and other stak eholders in implementing this di vision. (g) It is the intent of the Le gislature that the State Air Resources Board consult with the Public Utilities Commission in the de v elopment of emissions reduction measures, including limits on emissions of greenhouse
g ases applied to electricity and natural g as pro viders re gulated by the Public Utilities Commission in order to ensure that electricity and natural
g as pro viders are not required to meet duplicati v e or inconsistent

re gulatory requirements. (h) It is the intent of the Le gislature that the State Air Resources Board design emissions reduction measures to meet the state wide emissions limits for greenhouse g ases established pursuant to this di vision in a manner that minimizes costs and maximizes bene fi ts for California ’ s economy , impro v es and modernizes California ’ s energy infrastructure and maintains electric system reliability , maximizes additional en vironmental and economic co-bene fi ts for California, and complements the state ’ s ef forts to impro v e air quality

. (i) It is the intent of the Le gislature that the Climate Action T eam established by the Go v ernor to coordinate the ef forts set forth under Ex ecuti v e Order S-3-05 continue its role in coordinating o v erall climate polic y

.

**Chap t**  **e r**  3. **De finit**  **io ns** 

38505. F or the purposes of this di vision, the follo wing terms hav e the follo wing meanings: (a) “ Allo w ance ” means an authorization to emit, during a speci fi ed
year , up to one ton of carbon dioxide equi v alent. (b) “ Alternati v e compliance mechanism ” means an action undertak en by a greenhouse g as emission source that achie v es the equi v alent reduction of greenhouse g as emissions o v er the same time period as a direct emission reduction, and that is appro v ed by the state board.

“ Alternati v e compliance mechanism ” includes, b ut is not limited to, a

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—fl e xible compliance schedule, alternati v e control technology , a process

change, or a product substitution. (c) “ Carbon dioxide equi v alent ” means the amount of carbon dioxide by weight that w ould produce the same global w arming impact as a gi v en weight of another greenhouse g as, based on the best av ailable science, including from the Intergo v ernmental P anel on Climate Change. (d) “ Cost-ef

fecti v e ” or “ cost-ef

fecti v eness ” means the cost per unit of reduced emissions of greenhouse g ases adjusted for its global w arming potential. (e) “ Direct emission reduction ” means a greenhouse g as emission reduction action made by a greenhouse g as emission source at that source. (f) “ Emissions reduction measure ” means programs, measures, standards, and alternati v e compliance mechanisms authorized pursuant to this di vision, applicable to sources or cate gories of sources, that are designed to reduce emissions of greenhouse g ases. (g) “ Greenhouse g as ” or “ greenhouse g ases ” includes all of the follo wing g ases: carbon dioxide, methane, nitrous oxide, h ydro fl uorocarbons, per fl uorocarbons, and sulfur he xa fl ouride. (h) “ Greenhouse g as emissions limit ” means an authorization, during a speci fi ed year , to emit up to a le v el of greenhouse g ases speci fi ed by the state board, e xpressed in tons of carbon dioxide equi v alents. (i) “ Greenhouse g as emission source ” or “ source ” means an y source, or cate gory of sources, of greenhouse g as emissions whose emissions are at a le v el of signi fi cance, as determined by the state board, that its participation in the program established under this di vision will enable the state board to ef fecti v ely reduce greenhouse g as emissions and monitor compliance with the state wide greenhouse g as emissions limit. (j) “ Leakage ” means a reduction in emissions of greenhouse g ases within the state that is of fset by an increase in emissions of greenhouse
g ases outside the state. (k) “ Mark et-based compliance mechanism ” means either of the follo wing: (1) A system of mark et-based declining annual aggre g ate emissions limitations for sources or cate gories of sources that emit greenhouse g ases. (2) Greenhouse g as emissions e xchanges, banking, credits, and other transactions, go v erned by rules and protocols established by the state board, that result in the same greenhouse g as emission reduction, o v er the same time period, as direct compliance with a greenhouse g as emission limit or emission reduction measure adopted by the state board pursuant to this di vision. ( l ) “ State board ” means the State Air Resources Board. (m) “ State wide greenhouse g as emissions ” means the total annual emissions of greenhouse g ases in the state, including all emissions of greenhouse g ases from the generation of electricity deli v ered to and consumed in California, accounting for transmission and distrib ution line losses, whether the electricity is generated in state or imported. State wide emissions shall be e xpressed in tons of carbon dioxide equi v alents.

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— Ch. 488(n) “ State wide greenhouse g as emissions limit ” or “ state wide emissions

limit ” means the maximum allo w able le v el of state wide greenhouse g as emissions in 2020, as determined by the state board pursuant to P art 3 (commencing with Section 38850).

**Chap t**  **e r**  4. **R ole o**  **f S**  **t**

**a t**  **e Bo ar**  **d**

38510. The State Air Resources Board is the state agenc y charged with monitoring and re gulating sources of emissions of greenhouse g ases that cause global w arming in order to reduce emissions of greenhouse g ases.

P AR T 2. MAND A

T OR Y GREENHOUSE GAS EMISSIONS REPOR TING

38530. (a) On or before January 1, 2008, the state board shall adopt

re gulations to require the reporting and v eri fi cation of state wide greenhouse g as emissions and to monitor and enforce compliance with this
program. (b) The re gulations shall do all of the follo wing: (1) Require the monitoring and annual reporting of greenhouse g as emissions from greenhouse g as emission sources be ginning with the
sources or cate gories of sources that contrib ute the most to state wide emissions. (2) Account for greenhouse g as emissions from all electricity consumed in the state, including transmission and distrib ution line losses from electricity generated within the state or imported from outside the state. This requirement applies to all retail sellers of electricity , including load-serving entities as de fi ned in subdi vision (j) of Section 380 of the Public Utilities Code and local publicly o wned electric utilities as de fi ned in Section 9604 of the Public Utilities Code. (3) Where appropriate and to the maximum e xtent feasible, incorporate the standards and protocols de v eloped by the California Climate Action Re gistry , established pursuant to Chapter 6 (commencing with Section 42800) of P art 4 of Di vision 26. Entities that v oluntarily participated in the California Climate Action Re gistry prior to December 31, 2006, and hav e de v eloped a greenhouse g as emission reporting program, shall not be required to signi fi cantly alter their reporting or v eri fi cation program e xcept as necessary to ensure that reporting is complete and v eri fi able for the purposes of compliance with this di vision as determined by the state board. (4) Ensure rigorous and consistent accounting of emissions, and
pro vide reporting tools and formats to ensure collection of necessary data. (5) Ensure that greenhouse g as emission sources maintain comprehensi v e records of all reported greenhouse g as emissions. (c) The state board shall do both of the follo wing:

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—(1) Periodically re vie w and update its emission reporting requirements,

as necessary

. (2) Re vie w e xisting and proposed international, federal, and state greenhouse g as emission reporting programs and mak e reasonable ef forts to promote consistenc y among the programs established pursuant to this part and other programs, and to streamline reporting requirements on greenhouse g as emission sources.

P AR T 3. ST A TEWIDE GREENHOUSE GAS EMISSIONS LIMIT

38550. By January 1, 2008, the state board shall, after one or more public w orkshops, with public notice, and an opportunity for all interested parties to comment, determine what the state wide greenhouse g as emissions le v el w as in 1990, and appro v e in a public hearing, a state wide greenhouse g as emissions limit that is equi v alent to that le v el, to be achie v ed by 2020. In order to ensure the most accurate determination feasible, the state board shall e v aluate the best av ailable scienti fi c, technological, and economic information on greenhouse g as emissions to determine the 1990 le v el of greenhouse g as emissions. 38551. (a) The state wide greenhouse g as emissions limit shall remain in ef fect unless otherwise amended or repealed. (b) It is the intent of the Le gislature that the state wide greenhouse g as emissions limit continue in e xistence and be used to maintain and continue reductions in emissions of greenhouse g ases be yond 2020. (c) The state board shall mak e recommendations to the Go v ernor and the Le gislature on ho w to continue reductions of greenhouse g as emissions be yond 2020.

P AR T 4. GREENHOUSE GAS EMISSIONS REDUCTIONS

38560. The state board shall adopt rules and re gulations in an open public process to achie v e the maximum technologically feasible and cost-ef fecti v e greenhouse g as emission reductions from sources or
cate gories of sources, subject to the criteria and schedules set forth in this part. 38560.5. (a) On or before June 30, 2007, the state board shall publish and mak e av ailable to the public a list of discrete early action greenhouse
g as emission reduction measures that can be implemented prior to the measures and limits adopted pursuant to Section 38562. (b) On or before January 1, 2010, the state board shall adopt re gulations to implement the measures identi fi ed on the list published pursuant to subdi vision (a). (c) The re gulations adopted by the state board pursuant to this section shall achie v e the maximum technologically feasible and cost-ef fecti v e reductions in greenhouse g as emissions from those sources or cate gories of

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— Ch. 488sources, in furtherance of achie ving the state wide greenhouse g as

emissions limit. (d) The re gulations adopted pursuant to this section shall be enforceable no later than January 1, 2010. 38561. (a) On or before January 1, 2009, the state board shall prepare and appro v e a scoping plan, as that term is understood by the state board, for achie ving the maximum technologically feasible and cost-ef fecti v e reductions in greenhouse g as emissions from sources or cate gories of sources of greenhouse g ases by 2020 under this di vision. The state board shall consult with all state agencies with jurisdiction o v er sources of greenhouse g ases, including the Public Utilities Commission and the State Energy Resources Conserv ation and De v elopment Commission, on all elements of its plan that pertain to energy related matters including, b ut not limited to, electrical generation, load based-standards or requirements, the
pro vision of reliable and af fordable electrical service, petroleum re fi ning, and state wide fuel supplies to ensure the greenhouse g as emissions reduction acti vities to be adopted and implemented by the state board are complementary , nonduplicati v e, and can be implemented in an ef fi cient and cost-ef

fecti v e manner

. (b) The plan shall identify and mak e recommendations on direct emission reduction measures, alternati v e compliance mechanisms, mark et-based compliance mechanisms, and potential monetary and nonmonetary incenti v es for sources and cate gories of sources that the state board fi nds are necessary or desirable to f acilitate the achie v ement of the maximum feasible and cost-ef fecti v e reductions of greenhouse g as emissions by 2020. (c) In making the determinations required by subdi vision (b), the state board shall consider all rele v ant information pertaining to greenhouse g as 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 e v aluate the total potential costs and total potential economic and noneconomic bene fi ts of the plan for reducing greenhouse g ases to California ’ s economy , en vironment, and public health, using the best av ailable economic models, emission estimation techniques, and other scienti fi c methods. (e) In de v eloping its plan, the state board shall tak e into account the relati v e contrib ution of each source or source cate gory to state wide greenhouse g as emissions, and the potential for adv erse ef fects on small b usinesses, and shall recommend a de minimis threshold of greenhouse
g as emissions belo w which emission reduction requirements will not apply

. (f) In de v eloping its plan, the state board shall identify opportunities for emission reductions measures from all v eri fi able and enforceable

v oluntary actions, including, b ut not limited to, carbon sequestration projects and best management practices.

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—(g) The state board shall conduct a series of public w orkshops to gi v e

interested parties an opportunity to comment on the plan. The state board shall conduct a portion of these w orkshops in re gions of the state that hav e the most signi fi cant e xposure to air pollutants, including, b ut not limited to, communities with minority populations, communities with lo w-income populations, or both. (h) The state board shall update its plan for achie ving the maximum technologically feasible and cost-ef fecti v e reductions of greenhouse g as emissions at least once e v ery fi v e years. 38562. (a) On or before January 1, 2011, the state board shall adopt greenhouse g as emission limits and emission reduction measures by

re gulation to achie v e the maximum technologically feasible and cost-ef fecti v e reductions in greenhouse g as emissions in furtherance of achie ving the state wide greenhouse g as emissions limit, to become operati v e be ginning on January 1, 2012. (b) In adopting re gulations pursuant to this section and P art 5 (commencing with Section 38570), to the e xtent feasible and in furtherance of achie ving the state wide greenhouse g as emissions limit, the state board shall do all of the follo wing: (1) Design the re gulations, including distrib ution of emissions allo w ances where appropriate, in a manner that is equitable, seeks to minimize costs and maximize the total bene fi ts to California, and encourages early action to reduce greenhouse g as emissions. (2) Ensure that acti vities undertak en to comply with the re gulations do not disproportionately impact lo w-income communities. (3) Ensure that entities that hav e v oluntarily reduced their greenhouse
g as emissions prior to the implementation of this section recei v e appropriate credit for early v oluntary reductions. (4) Ensure that acti vities undertak en pursuant to the re gulations complement, and do not interfere with, ef forts to achie v e and maintain federal and state ambient air quality standards and to reduce toxic air contaminant emissions. (5) Consider cost-ef

fecti v eness of these re gulations. (6) Consider o v erall societal bene fi ts, including reductions in other air pollutants, di v ersi fi cation of energy sources, and other bene fi ts to the
economy , en

vironment, and public health. (7) Minimize the administrati v e b urden of implementing and complying with these re gulations. (8) Minimize leakage. (9) Consider the signi fi cance of the contrib ution of each source or
cate gory of sources to state wide emissions of greenhouse g ases. (c) In furtherance of achie ving the state wide greenhouse g as emissions limit, by January 1, 2011, the state board may adopt a re gulation that establishes a system of mark et-based declining annual aggre g ate emission limits for sources or cate gories of sources that emit greenhouse g as emissions, applicable from January 1, 2012, to December 31, 2020, inclusi v e, that the state board determines will achie v e the maximum

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— Ch. 488technologically feasible and cost-ef fecti v e reductions in greenhouse g as emissions, in the aggre g ate, from those sources or cate gories of sources. (d) An y re gulation adopted by the state board pursuant to this part or P art 5 (commencing with Section 38570) shall ensure all of the follo wing: (1) The greenhouse g as emission reductions achie v ed are real, permanent, quanti fi able, v eri fi able, and enforceable by the state board. (2) F or re gulations pursuant to P art 5 (commencing with Section 38570), the reduction is in addition to an y greenhouse g as emission reduction otherwise required by la w or re gulation, and an y other greenhouse g as emission reduction that otherwise w ould occur

. (3) If applicable, the greenhouse g as emission reduction occurs o v er the same time period and is equi v alent in amount to an y direct emission reduction required pursuant to this di vision. (e) The state board shall rely upon the best av ailable economic and scienti fi c information and its assessment of e xisting and projected technological capabilities when adopting the re gulations required by this section. (f) The state board shall consult with the Public Utilities Commission in the de v elopment of the re gulations as the y af fect electricity and natural g as pro viders in order to minimize duplicati v e or inconsistent re gulatory requirements. (g) After January 1, 2011, the state board may re vise re gulations adopted pursuant to this section and adopt additional re gulations to further the pro visions of this di vision. 38563. Nothing in this di vision restricts the state board from adopting greenhouse g as emission limits or emission reduction measures prior to January 1, 2011, imposing those limits or measures prior to January 1, 2012, or pro viding early reduction credit where appropriate. 38564. The state board shall consult with other states, and the federal
go v ernment, and other nations to identify the most ef fecti v e strate gies and methods to reduce greenhouse g ases, manage greenhouse g as control programs, and to f

acilitate the de v elopment of inte grated and cost-ef fecti v e re gional, national, and international greenhouse g as reduction programs. 38565. The state board shall ensure that the greenhouse g as emission reduction rules, re gulations, programs, mechanisms, and incenti v es under its jurisdiction, where applicable and to the e xtent feasible, direct public and pri v ate in

v estment to w ard the most disadv antaged communities in California and pro vide an opportunity for small b usinesses, schools, af fordable housing associations, and other community institutions to participate in and bene fi t from state wide ef forts to reduce greenhouse g as emissions.

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—P

AR T 5. MARKET

-B ASED COMPLIANCE MECHANISMS

38570. (a) The state board may include in the re gulations adopted pursuant to Section 38562 the use of mark et-based compliance mechanisms to comply with the re gulations. (b) Prior to the inclusion of an y mark et-based compliance mechanism in the re gulations, to the e xtent feasible and in furtherance of achie ving the
state wide greenhouse g as emissions limit, the state board shall do all of the follo wing: (1) Consider the potential for direct, indirect, and cumulati v e emission impacts from these mechanisms, including localized impacts in communities that are already adv ersely impacted by air pollution. (2) Design an y mark et-based compliance mechanism to pre v ent an y increase in the emissions of toxic air contaminants or criteria air pollutants. (3) Maximize additional en vironmental and economic bene fi ts for California, as appropriate. (c) The state board shall adopt re gulations go v erning ho w mark et-based compliance mechanisms may be used by re gulated entities subject to greenhouse g as emission limits and mandatory emission reporting requirements to achie v e compliance with their greenhouse g as emissions limits. 38571. The state board shall adopt methodologies for the quanti fi cation of v oluntary greenhouse g as emission reductions. The state board shall adopt re gulations to v erify and enforce an y v oluntary greenhouse g as emission reductions that are authorized by the state board for use to comply with greenhouse g as emission limits established by the state board. The adoption of methodologies is e x empt from the rulemaking pro visions of the Administrati v e Procedure Act (Chapter 3.5 (commencing with Section 11340) of P art 1 of Di vision 3 of T itle 2 of the Go v ernment Code). 38574. Nothing in this part or P art 4 (commencing with Section 38560) confers an y authority on the state board to alter an y programs administered by other state agencies for the reduction of greenhouse g as emissions.

P AR T 6. ENFORCEMENT

38580. (a) The state board shall monitor compliance with and enforce

an y rule, re gulation, order , emission limitation, emissions reduction measure, or mark et-based compliance mechanism adopted by the state board pursuant to this di vision. (b) (1) An y violation of an y rule, re gulation, order , emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this di vision may be enjoined pursuant to Section 41513, and the violation is subject to those penalties set forth in Article 3 (commencing with Section 42400) of Chapter 4 of P art 4 of, and Chapter 1.5 (commencing with Section 43025) of P art 5 of, Di vision 26.

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— Ch. 488(2) An y violation of an y rule, re gulation, order , emission limitation,

emissions reduction measure, or other measure adopted by the state board pursuant to this di vision shall be deemed to result in an emission of an air contaminant for the purposes of the penalty pro visions of Article 3 (commencing with Section 42400) of Chapter 4 of P art 4 of, and Chapter 1.5 (commencing with Section 43025) of P art 5 of, Di vision 26. (3) The state board may de v elop a method to con v ert a violation of an y rule, re gulation, order , emission limitation, or other emissions reduction measure adopted by the state board pursuant to this di vision into the number of days in violation, where appropriate, for the purposes of the penalty pro visions of Article 3 (commencing with Section 42400) of Chapter 4 of P art 4 of, and Chapter 1.5 (commencing with Section 43025) of P art 5 of, Di vision 26. (c) Section 42407 and subdi vision (i) of Section 42410 shall not apply to this part.

P

AR T 7. MISCELLANEOUS PROVISIONS

38590. If the re gulations adopted pursuant to Section 43018.5 do not remain in ef

fect, the state board shall implement alternati v e re gulations to control mobile sources of greenhouse g as emissions to achie v e equi v alent or greater reductions. 38591. (a) The state board, by July 1, 2007, shall con v ene an

en vironmental justice advisory committee, of at least three members, to advise it in de v eloping the scoping plan pursuant to Section 38561 and an y other pertinent matter in implementing this di vision. The advisory committee shall be comprised of representati v es from communities in the state with the most signi fi cant e xposure to air pollution, including, b ut not limited to, communities with minority populations or lo w-income populations, or both. (b) The state board shall appoint the advisory committee members from nominations recei v ed from en vironmental justice org anizations and community groups. (c) The state board shall pro vide reasonable per diem for attendance at advisory committee meetings by advisory committee members from
nonpro fi t org anizations. (d) The state board shall appoint an Economic and T echnology Adv ancement Advisory Committee to advise the state board on acti vities that will f

acilitate in

v estment in and implementation of technological research and de v elopment opportunities, including, b ut not limited to, identifying ne w technologies, research, demonstration projects, funding opportunities, de v eloping state, national, and international partnerships and technology transfer opportunities, and identifying and assessing research and adv anced technology in v estment and incenti v e opportunities that will assist in the reduction of greenhouse g as emissions. The committee may also advise the state board on state, re gional, national, and

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—international economic and technological de v elopments related to

greenhouse g as emission reductions. 38592. (a) All state agencies shall consider and implement strate gies to reduce their greenhouse g as emissions. (b) Nothing in this di vision shall relie v e an y person, entity , or public
agenc y of compliance with other applicable federal, state, or local laws or

re gulations, including state air and w ater quality requirements, and other requirements for protecting public health or the en vironment. 38593. (a) Nothing in this di vision af fects the authority of the Public Utilities Commission. (b) Nothing in this di vision af fects the oblig ation of an electrical corporation to pro vide customers with safe and reliable electric service. 38594. Nothing in this di vision shall limit or e xpand the e xisting authority of an y district, as de fi ned in Section 39025. 38595. Nothing in this di vision shall preclude, prohibit, or restrict the construction of an y ne w f acility or the e xpansion of an e xisting f acility subject to re gulation under this di vision, if all applicable requirements are met and the f

acility is in compliance with re gulations adopted pursuant to this di vision. 38596. The pro visions of this di vision are se v erable. If an y pro vision of this di vision or its application is held in v alid, that in

v alidity shall not af fect other pro visions or applications that can be gi v en ef fect without the in v alid pro vision or application. 38597. The state board may adopt by re gulation, after a public

w orkshop, a schedule of fees to be paid by the sources of greenhouse g as emissions re gulated pursuant to this di vision, consistent with Section 57001. The re v enues collected pursuant to this section, shall be deposited into the Air Pollution Control Fund and are av ailable upon appropriation, by the Le gislature, for purposes of carrying out this di vision. 38598. (a) Nothing in this di vision shall limit the e xisting authority of a state entity to adopt and implement greenhouse g as emissions reduction

measures. (b) Nothing in this di vision shall relie v e an y state entity of its le g al oblig ations to comply with e xisting la w or re gulation. 38599. (a) In the e v ent of e xtraordinary circumstances, catastrophic

e v ents, or threat of signi fi cant economic harm, the Go v ernor may adjust the applicable deadlines for indi vidual re gulations, or for the state in the
aggre g ate, to the earliest feasible date after that deadline. (b) The adjustment period may not e xceed one year unless the Go v ernor mak es an additional adjustment pursuant to subdi vision (a). (c) Nothing in this section af fects the po wers and duties established in the California Emer genc y Services Act (Chapter 7 (commencing with Section 8550) of Di vision 1 of T itle 2 of the Go v ernment Code). (d) The Go v ernor shall, within 10 days of in v oking subdi vision (a),
pro vide written noti fi cation to the Le gislature of the action undertak en. SEC. 2 No reimb ursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that

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— Ch. 488may be incurred by a local agenc y or school district will be incurred

because this act creates a ne w crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Go v ernment Code, or changes the de fi nition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O

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—