Assembly Bill No. 32

CHAPTER 488

An act to add Division 25.5 (commencing with Section 38500) to the

Health and Safety Code, relating to air pollution.

[Approved by Governor September 27, 2006. Filed with

Secretary of State September 27, 2006.]

legislative counsel’s digest

AB 32, Nunez. Air pollution: greenhouse gases: California Global

Warming Solutions Act of 2006.

Under existing law, the State Air Resources Board (state 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 require the state board to adopt regulations to require the

reporting and verification of statewide greenhouse gas emissions and to

monitor and enforce compliance with this program, as specified. The bill

would require the state board to adopt a statewide greenhouse gas

emissions limit equivalent to the statewide greenhouse gas emissions

levels in 1990 to be achieved by 2020, as specified. The bill would require

the state board to adopt rules and regulations in an open public process to

achieve the maximum technologically feasible and cost-effective

greenhouse gas emission reductions, as specified. The bill would authorize

the state board to adopt market-based compliance mechanisms, as defined,

meeting specified requirements. The bill would require the state board to

monitor compliance with and enforce any rule, regulation, order, emission

limitation, emissions reduction measure, or market-based compliance

mechanism adopted by the state board, pursuant to specified provisions of

existing law. The bill would authorize the state board to adopt a schedule

of fees to be paid by regulated sources of greenhouse gas emissions, as

specified.

Because the bill would require the state board to establish emissions

limits and other requirements, the violation of which would be a crime,

this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local

agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for

a specified reason.

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

SECTION 1. Division 25.5 (commencing with Section 38500) is added

to the Health and Safety Code, to read:

DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS

ACT OF 2006

PART 1. GENERAL PROVISIONS

Chapter 1. Title of Division

38500. This division shall be known, and may be cited, as the

California Global Warming Solutions Act of 2006.

Chapter 2. Findings and Declarations

38501. The Legislature finds and declares all of the following:

(a)  Global warming poses a serious threat to the economic well-being,

public health, natural resources, and the environment of California. The

potential adverse impacts of global warming include the exacerbation of

air quality problems, a reduction in the quality and supply of water to the

state from the Sierra snowpack, a rise in sea levels resulting in the

displacement of thousands of coastal businesses and residences, damage to

marine ecosystems and the natural environment, and an increase in the

incidences of infectious diseases, asthma, and other human health-related

problems.

(b)  Global warming will have detrimental effects on some of

California’s largest industries, including agriculture, wine, tourism, skiing,

recreational and commercial fishing, 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 conservation and environmental stewardship efforts, including the

areas of air quality protections, energy efficiency requirements, renewable

energy standards, natural resource conservation, and greenhouse gas

emission standards for passenger vehicles. The program established by this

division will continue this tradition of environmental leadership by placing

California at the forefront of national and international efforts to reduce

emissions of greenhouse gases.

(d)  National and international actions are necessary to fully address the

issue of global warming. However, action taken by California to reduce

emissions of greenhouse gases will have far-reaching effects by

encouraging other states, the federal government, and other countries to

act.

89

Ch. 488 — 2 —
(e)  By exercising a global leadership role, California will also position

its economy, technology centers, financial institutions, and businesses to

benefit from national and international efforts to reduce emissions of

greenhouse gases. More importantly, investing in the development of

innovative and pioneering technologies will assist California in achieving

the 2020 statewide limit on emissions of greenhouse gases established by

this division and will provide an opportunity for the state to take a global

economic and technological leadership role in reducing emissions of

greenhouse gases.

(f)  It is the intent of the Legislature that the State Air Resources Board

coordinate with state agencies, as well as consult with the environmental

justice community, industry sectors, business groups, academic

institutions, environmental organizations, and other stakeholders in

implementing this division.

(g)  It is the intent of the Legislature that the State Air Resources Board

consult with the Public Utilities Commission in the development of

emissions reduction measures, including limits on emissions of greenhouse

gases applied to electricity and natural gas providers regulated by the

Public Utilities Commission in order to ensure that electricity and natural

gas providers are not required to meet duplicative or inconsistent

regulatory requirements.

(h)  It is the intent of the Legislature that the State Air Resources Board

design emissions reduction measures to meet the statewide emissions

limits for greenhouse gases established pursuant to this division in a

manner that minimizes costs and maximizes benefits for California’s

economy, improves and modernizes California’s energy infrastructure and

maintains electric system reliability, maximizes additional environmental

and economic co-benefits for California, and complements the state’s

efforts to improve air quality.

(i)  It is the intent of the Legislature that the Climate Action Team

established by the Governor to coordinate the efforts set forth under

Executive Order S-3-05 continue its role in coordinating overall climate

policy.

Chapter 3. Definitions

38505. For the purposes of this division, the following terms have the

following meanings:

(a)  “Allowance” means an authorization to emit, during a specified

year, up to one ton of carbon dioxide equivalent.

(b)  “Alternative compliance mechanism” means an action undertaken

by a greenhouse gas emission source that achieves the equivalent

reduction of greenhouse gas emissions over the same time period as a

direct emission reduction, and that is approved by the state board.

“Alternative compliance mechanism” includes, but is not limited to, a

89

— 3 — Ch. 488
flexible compliance schedule, alternative control technology, a process

change, or a product substitution.

(c)  “Carbon dioxide equivalent” means the amount of carbon dioxide

by weight that would produce the same global warming impact as a given

weight of another greenhouse gas, based on the best available science,

including from the Intergovernmental Panel on Climate Change.

(d)  “Cost-effective” or “cost-effectiveness” means the cost per unit of

reduced emissions of greenhouse gases adjusted for its global warming

potential.

(e)  “Direct emission reduction” means a greenhouse gas emission

reduction action made by a greenhouse gas emission source at that source.

(f)  “Emissions reduction measure” means programs, measures,

standards, and alternative compliance mechanisms authorized pursuant to

this division, applicable to sources or categories of sources, that are

designed to reduce emissions of greenhouse gases.

(g)  “Greenhouse gas” or “greenhouse gases” includes all of the

following gases: carbon dioxide, methane, nitrous oxide,

hydrofluorocarbons, perfluorocarbons, and sulfur hexaflouride.

(h)  “Greenhouse gas emissions limit” means an authorization, during a

specified year, to emit up to a level of greenhouse gases specified by the

state board, expressed in tons of carbon dioxide equivalents.

(i)  “Greenhouse gas emission source” or “source” means any source, or

category of sources, of greenhouse gas emissions whose emissions are at a

level of significance, as determined by the state board, that its participation

in the program established under this division will enable the state board to

effectively reduce greenhouse gas emissions and monitor compliance with

the statewide greenhouse gas emissions limit.

(j)  “Leakage” means a reduction in emissions of greenhouse gases

within the state that is offset by an increase in emissions of greenhouse

gases outside the state.

(k)  “Market-based compliance mechanism” means either of the

following:

(1)  A system of market-based declining annual aggregate emissions

limitations for sources or categories of sources that emit greenhouse gases.

(2)  Greenhouse gas emissions exchanges, banking, credits, and other

transactions, governed by rules and protocols established by the state

board, that result in the same greenhouse gas emission reduction, over the

same time period, as direct compliance with a greenhouse gas emission

limit or emission reduction measure adopted by the state board pursuant to

this division.

(l)  “State board” means the State Air Resources Board.

(m)  “Statewide greenhouse gas emissions” means the total annual

emissions of greenhouse gases in the state, including all emissions of

greenhouse gases from the generation of electricity delivered to and

consumed in California, accounting for transmission and distribution line

losses, whether the electricity is generated in state or imported. Statewide

emissions shall be expressed in tons of carbon dioxide equivalents.

89

Ch. 488 — 4 —
(n)  “Statewide greenhouse gas emissions limit” or “statewide emissions

limit” means the maximum allowable level of statewide greenhouse gas

emissions in 2020, as determined by the state board pursuant to Part 3

(commencing with Section 38850).

Chapter 4. Role of State Board

38510. The State Air Resources Board is the state agency charged with

monitoring and regulating sources of emissions of greenhouse gases that

cause global warming in order to reduce emissions of greenhouse gases.

PART 2. MANDATORY GREENHOUSE GAS EMISSIONS

REPORTING

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

regulations to require the reporting and verification of statewide

greenhouse gas emissions and to monitor and enforce compliance with this

program.

(b)  The regulations shall do all of the following:

(1)  Require the monitoring and annual reporting of greenhouse gas

emissions from greenhouse gas emission sources beginning with the

sources or categories of sources that contribute the most to statewide

emissions.

(2)  Account for greenhouse gas emissions from all electricity consumed

in the state, including transmission and distribution 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 defined in subdivision (j) of Section 380 of the

Public Utilities Code and local publicly owned electric utilities as defined

in Section 9604 of the Public Utilities Code.

(3)  Where appropriate and to the maximum extent feasible, incorporate

the standards and protocols developed by the California Climate Action

Registry, established pursuant to Chapter 6 (commencing with Section

42800) of Part 4 of Division 26. Entities that voluntarily participated in the

California Climate Action Registry prior to December 31, 2006, and have

developed a greenhouse gas emission reporting program, shall not be

required to significantly alter their reporting or verification program except

as necessary to ensure that reporting is complete and verifiable for the

purposes of compliance with this division as determined by the state

board.

(4)  Ensure rigorous and consistent accounting of emissions, and

provide reporting tools and formats to ensure collection of necessary data.

(5)  Ensure that greenhouse gas emission sources maintain

comprehensive records of all reported greenhouse gas emissions.

(c)  The state board shall do both of the following:

89

— 5 — Ch. 488
(1)  Periodically review and update its emission reporting requirements,

as necessary.

(2)  Review existing and proposed international, federal, and state

greenhouse gas emission reporting programs and make reasonable efforts

to promote consistency among the programs established pursuant to this

part and other programs, and to streamline reporting requirements on

greenhouse gas emission sources.

PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT

38550. By January 1, 2008, the state board shall, after one or more

public workshops, with public notice, and an opportunity for all interested

parties to comment, determine what the statewide greenhouse gas

emissions level was in 1990, and approve in a public hearing, a statewide

greenhouse gas emissions limit that is equivalent to that level, to be

achieved by 2020. In order to ensure the most accurate determination

feasible, the state board shall evaluate the best available scientific,

technological, and economic information on greenhouse gas emissions to

determine the 1990 level of greenhouse gas emissions.

38551. (a)  The statewide greenhouse gas emissions limit shall remain

in effect unless otherwise amended or repealed.

(b)  It is the intent of the Legislature that the statewide greenhouse gas

emissions limit continue in existence and be used to maintain and continue

reductions in emissions of greenhouse gases beyond 2020.

(c)  The state board shall make recommendations to the Governor and

the Legislature on how to continue reductions of greenhouse gas emissions

beyond 2020.

PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS

38560. The state board shall adopt rules and regulations in an open

public process to achieve the maximum technologically feasible and

cost-effective greenhouse gas emission reductions from sources or

categories 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 make available to the public a list of discrete early action greenhouse

gas 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 regulations

to implement the measures identified on the list published pursuant to

subdivision (a).

(c)  The regulations adopted by the state board pursuant to this section

shall achieve the maximum technologically feasible and cost-effective

reductions in greenhouse gas emissions from those sources or categories of

89

Ch. 488 — 6 —
sources, in furtherance of achieving the statewide greenhouse gas

emissions limit.

(d)  The regulations 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 approve a scoping plan, as that term is understood by the state board,

for achieving the maximum technologically feasible and cost-effective

reductions in greenhouse gas emissions from sources or categories of

sources of greenhouse gases by 2020 under this division. The state board

shall consult with all state agencies with jurisdiction over sources of

greenhouse gases, including the Public Utilities Commission and the State

Energy Resources Conservation and Development Commission, on all

elements of its plan that pertain to energy related matters including, but not

limited to, electrical generation, load based-standards or requirements, the

provision of reliable and affordable electrical service, petroleum refining,

and statewide fuel supplies to ensure the greenhouse gas emissions

reduction activities to be adopted and implemented by the state board are

complementary, nonduplicative, and can be implemented in an efficient

and cost-effective manner.

(b)  The plan shall identify and make recommendations on direct

emission reduction measures, alternative compliance mechanisms,

market-based compliance mechanisms, and potential monetary and

nonmonetary incentives for sources and categories of sources that the state

board finds are necessary or desirable to facilitate the achievement of the

maximum feasible and cost-effective reductions of greenhouse gas

emissions by 2020.

(c)  In making the determinations required by subdivision (b), the state

board shall consider all relevant information pertaining to greenhouse gas

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 evaluate the total potential costs and total

potential economic and noneconomic benefits of the plan for reducing

greenhouse gases to California’s economy, environment, and public

health, using the best available economic models, emission estimation

techniques, and other scientific methods.

(e)  In developing its plan, the state board shall take into account the

relative contribution of each source or source category to statewide

greenhouse gas emissions, and the potential for adverse effects on small

businesses, and shall recommend a de minimis threshold of greenhouse

gas emissions below which emission reduction requirements will not

apply.

(f)  In developing its plan, the state board shall identify opportunities for

emission reductions measures from all verifiable and enforceable

voluntary actions, including, but not limited to, carbon sequestration

projects and best management practices.

89

— 7 — Ch. 488
(g)  The state board shall conduct a series of public workshops to give

interested parties an opportunity to comment on the plan. The state board

shall conduct a portion of these workshops in regions of the state that have

the most significant exposure to air pollutants, including, but not limited

to, communities with minority populations, communities with low-income

populations, or both.

(h)  The state board shall update its plan for achieving the maximum

technologically feasible and cost-effective reductions of greenhouse gas

emissions at least once every five years.

38562. (a)  On or before January 1, 2011, the state board shall adopt

greenhouse gas emission limits and emission reduction measures by

regulation to achieve the maximum technologically feasible and

cost-effective reductions in greenhouse gas emissions in furtherance of

achieving the statewide greenhouse gas emissions limit, to become

operative beginning on January 1, 2012.

(b)  In adopting regulations pursuant to this section and Part 5

(commencing with Section 38570), to the extent feasible and in

furtherance of achieving the statewide greenhouse gas emissions limit, the

state board shall do all of the following:

(1)  Design the regulations, including distribution of emissions

allowances where appropriate, in a manner that is equitable, seeks to

minimize costs and maximize the total benefits to California, and

encourages early action to reduce greenhouse gas emissions.

(2)  Ensure that activities undertaken to comply with the regulations do

not disproportionately impact low-income communities.

(3)  Ensure that entities that have voluntarily reduced their greenhouse

gas emissions prior to the implementation of this section receive

appropriate credit for early voluntary reductions.

(4)  Ensure that activities undertaken pursuant to the regulations

complement, and do not interfere with, efforts to achieve and maintain

federal and state ambient air quality standards and to reduce toxic air

contaminant emissions.

(5)  Consider cost-effectiveness of these regulations.

(6)  Consider overall societal benefits, including reductions in other air

pollutants, diversification of energy sources, and other benefits to the

economy, environment, and public health.

(7)  Minimize the administrative burden of implementing and

complying with these regulations.

(8)  Minimize leakage.

(9)  Consider the significance of the contribution of each source or

category of sources to statewide emissions of greenhouse gases.

(c)  In furtherance of achieving the statewide greenhouse gas emissions

limit, by January 1, 2011, the state board may adopt a regulation that

establishes a system of market-based declining annual aggregate emission

limits for sources or categories of sources that emit greenhouse gas

emissions, applicable from January 1, 2012, to December 31, 2020,

inclusive, that the state board determines will achieve the maximum

89

Ch. 488 — 8 —
technologically feasible and cost-effective reductions in greenhouse gas

emissions, in the aggregate, from those sources or categories of sources.

(d)  Any regulation adopted by the state board pursuant to this part or

Part 5 (commencing with Section 38570) shall ensure all of the following:

(1)  The greenhouse gas emission reductions achieved are real,

permanent, quantifiable, verifiable, and enforceable by the state board.

(2)  For regulations pursuant to Part 5 (commencing with Section

38570), the reduction is in addition to any greenhouse gas emission

reduction otherwise required by law or regulation, and any other

greenhouse gas emission reduction that otherwise would occur.

(3)  If applicable, the greenhouse gas emission reduction occurs over the

same time period and is equivalent in amount to any direct emission

reduction required pursuant to this division.

(e)  The state board shall rely upon the best available economic and

scientific information and its assessment of existing and projected

technological capabilities when adopting the regulations required by this

section.

(f)  The state board shall consult with the Public Utilities Commission in

the development of the regulations as they affect electricity and natural gas

providers in order to minimize duplicative or inconsistent regulatory

requirements.

(g)  After January 1, 2011, the state board may revise regulations

adopted pursuant to this section and adopt additional regulations to further

the provisions of this division.

38563. Nothing in this division restricts the state board from adopting

greenhouse gas emission limits or emission reduction measures prior to

January 1, 2011, imposing those limits or measures prior to January 1,

2012, or providing early reduction credit where appropriate.

38564. The state board shall consult with other states, and the federal

government, and other nations to identify the most effective strategies and

methods to reduce greenhouse gases, manage greenhouse gas control

programs, and to facilitate the development of integrated and

cost-effective regional, national, and international greenhouse gas

reduction programs.

38565. The state board shall ensure that the greenhouse gas emission

reduction rules, regulations, programs, mechanisms, and incentives under

its jurisdiction, where applicable and to the extent feasible, direct public

and private investment toward the most disadvantaged communities in

California and provide an opportunity for small businesses, schools,

affordable housing associations, and other community institutions to

participate in and benefit from statewide efforts to reduce greenhouse gas

emissions.

89

— 9 — Ch. 488
PART 5. MARKET-BASED COMPLIANCE MECHANISMS

38570. (a)  The state board may include in the regulations adopted

pursuant to Section 38562 the use of market-based compliance

mechanisms to comply with the regulations.

(b)  Prior to the inclusion of any market-based compliance mechanism

in the regulations, to the extent feasible and in furtherance of achieving the

statewide greenhouse gas emissions limit, the state board shall do all of the

following:

(1)  Consider the potential for direct, indirect, and cumulative emission

impacts from these mechanisms, including localized impacts in

communities that are already adversely impacted by air pollution.

(2)  Design any market-based compliance mechanism to prevent any

increase in the emissions of toxic air contaminants or criteria air

pollutants.

(3)  Maximize additional environmental and economic benefits for

California, as appropriate.

(c)  The state board shall adopt regulations governing how market-based

compliance mechanisms may be used by regulated entities subject to

greenhouse gas emission limits and mandatory emission reporting

requirements to achieve compliance with their greenhouse gas emissions

limits.

38571. The state board shall adopt methodologies for the quantification

of voluntary greenhouse gas emission reductions. The state board shall

adopt regulations to verify and enforce any voluntary greenhouse gas

emission reductions that are authorized by the state board for use to

comply with greenhouse gas emission limits established by the state board.

The adoption of methodologies is exempt from the rulemaking provisions

of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

38574. Nothing in this part or Part 4 (commencing with Section 38560)

confers any authority on the state board to alter any programs administered

by other state agencies for the reduction of greenhouse gas emissions.

PART 6. ENFORCEMENT

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

any rule, regulation, order, emission limitation, emissions reduction

measure, or market-based compliance mechanism adopted by the state

board pursuant to this division.

(b)  (1)  Any violation of any rule, regulation, order, emission limitation,

emissions reduction measure, or other measure adopted by the state board

pursuant to this division 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 Part 4 of, and Chapter

1.5 (commencing with Section 43025) of Part 5 of, Division 26.

89

Ch. 488 — 10 —
(2)  Any violation of any rule, regulation, order, emission limitation,

emissions reduction measure, or other measure adopted by the state board

pursuant to this division shall be deemed to result in an emission of an air

contaminant for the purposes of the penalty provisions of Article 3

(commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter

1.5 (commencing with Section 43025) of Part 5 of, Division 26.

(3)  The state board may develop a method to convert a violation of any

rule, regulation, order, emission limitation, or other emissions reduction

measure adopted by the state board pursuant to this division into the

number of days in violation, where appropriate, for the purposes of the

penalty provisions of Article 3 (commencing with Section 42400) of

Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025)

of Part 5 of, Division 26.

(c)  Section 42407 and subdivision (i) of Section 42410 shall not apply

to this part.

PART 7. MISCELLANEOUS PROVISIONS

38590. If the regulations adopted pursuant to Section 43018.5 do not

remain in effect, the state board shall implement alternative regulations to

control mobile sources of greenhouse gas emissions to achieve equivalent

or greater reductions.

38591. (a)  The state board, by July 1, 2007, shall convene an

environmental justice advisory committee, of at least three members, to

advise it in developing the scoping plan pursuant to Section 38561 and any

other pertinent matter in implementing this division. The advisory

committee shall be comprised of representatives from communities in the

state with the most significant exposure to air pollution, including, but not

limited to, communities with minority populations or low-income

populations, or both.

(b)  The state board shall appoint the advisory committee members from

nominations received from environmental justice organizations and

community groups.

(c)  The state board shall provide reasonable per diem for attendance at

advisory committee meetings by advisory committee members from

nonprofit organizations.

(d)  The state board shall appoint an Economic and Technology

Advancement Advisory Committee to advise the state board on activities

that will facilitate investment in and implementation of technological

research and development opportunities, including, but not limited to,

identifying new technologies, research, demonstration projects, funding

opportunities, developing state, national, and international partnerships

and technology transfer opportunities, and identifying and assessing

research and advanced technology investment and incentive opportunities

that will assist in the reduction of greenhouse gas emissions. The

committee may also advise the state board on state, regional, national, and

89

— 11 — Ch. 488
international economic and technological developments related to

greenhouse gas emission reductions.

38592. (a)  All state agencies shall consider and implement strategies

to reduce their greenhouse gas emissions.

(b)  Nothing in this division shall relieve any person, entity, or public

agency of compliance with other applicable federal, state, or local laws or

regulations, including state air and water quality requirements, and other

requirements for protecting public health or the environment.

38593. (a)  Nothing in this division affects the authority of the Public

Utilities Commission.

(b)  Nothing in this division affects the obligation of an electrical

corporation to provide customers with safe and reliable electric service.

38594. Nothing in this division shall limit or expand the existing

authority of any district, as defined in Section 39025.

38595. Nothing in this division shall preclude, prohibit, or restrict the

construction of any new facility or the expansion of an existing facility

subject to regulation under this division, if all applicable requirements are

met and the facility is in compliance with regulations adopted pursuant to

this division.

38596. The provisions of this division are severable. If any provision

of this division or its application is held invalid, that invalidity shall not

affect other provisions or applications that can be given effect without the

invalid provision or application.

38597. The state board may adopt by regulation, after a public

workshop, a schedule of fees to be paid by the sources of greenhouse gas

emissions regulated pursuant to this division, consistent with Section

57001. The revenues collected pursuant to this section, shall be deposited

into the Air Pollution Control Fund and are available upon appropriation,

by the Legislature, for purposes of carrying out this division.

38598. (a)  Nothing in this division shall limit the existing authority of

a state entity to adopt and implement greenhouse gas emissions reduction

measures.

(b)  Nothing in this division shall relieve any state entity of its legal

obligations to comply with existing law or regulation.

38599. (a)  In the event of extraordinary circumstances, catastrophic

events, or threat of significant economic harm, the Governor may adjust

the applicable deadlines for individual regulations, or for the state in the

aggregate, to the earliest feasible date after that deadline.

(b)  The adjustment period may not exceed one year unless the

Governor makes an additional adjustment pursuant to subdivision (a).

(c)  Nothing in this section affects the powers and duties established in

the California Emergency Services Act (Chapter 7 (commencing with

Section 8550) of Division 1 of Title 2 of the Government Code).

(d)  The Governor shall, within 10 days of invoking subdivision (a),

provide written notification to the Legislature of the action undertaken.

SEC. 2 No reimbursement is required by this act pursuant to Section 6

of Article XIII B of the California Constitution because the only costs that

89

Ch. 488 — 12 —
may be incurred by a local agency or school district will be incurred

because this act creates a new 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 Government Code, or changes the

definition of a crime within the meaning of Section 6 of Article XIII B of

the California Constitution.

O

89

— 13 — Ch. 488