reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 25.1 - HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES › CHAPTER 3 - Administrative Appeal Process › Section 38060.

38060. An administrative appeal process means a process established by a state agency or department which allows a nonprofit human service agency to seek review and resolution of some complaint about a specific action or inaction of a state agency.
The hearings held pursuant to this division shall be conducted using current procedures presently established by the office.
If the dispute is brought pursuant to subdivisions (d) through (g) of Section 38061 and it involves a sum of money more than ten thousand dollars ($10,000), the appeal authority, taking into account the cash flow problems of the parties, may require the party holding the disputed funds to place the amount under dispute in a special deposit fund to earn and be paid interest with such earnings to be distributed to the party who succeeds upon appeal. If the amount is less than ten thousand dollars ($10,000), it may be placed in such a special deposit fund with the approval of both parties.
The appeal process shall include flexibility to modify procedures to accommodate the particular needs of a given case.
The state’s portion of the cost of the appeal process shall be borne by the state agency or department which shall not include internal operating expenses of the Office of Administrative Hearings.
(Added by Stats. 1982, Ch. 1373, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.1 - HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES › CHAPTER 3 - Administrative Appeal Process › Section 38061.

38061. An appeal may be taken under the following circumstances.
(a)  Denial of a local contracting agency’s application for funding.
(b)  Denial of a local contracting agency’s application for expansion or startup funding.
(c)  Termination of a direct service contract.
(d)  Suspension of a direct service contract.
(e)  Denial of all or part of a direct service payment for services schedule.
(f)  Demand for remittance of an overpayment.
(g)  When allegations are asserted which, if true, would constitute a violation of a contract provision, or of federal or state law, regulations, or guidelines.
Decisions made pursuant to subdivisions (a) and (b) shall be limited to a determination as to the procedural propriety of the decisionmaking process, including the reason stated in the decision.
(Added by Stats. 1982, Ch. 1373, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.1 - HEALTH AND WELFARE AGENCY—ADMINISTRATIVE APPEALS PROCESS FOR NONPROFIT HUMAN SERVICES AGENCIES › CHAPTER 4 - Implementation of Administrative Appeal Process › Section 38065.

38065. The Office of Administrative Hearings shall, by December 31, 1983, adopt regulations governing the hearings, which shall include all the following:
(a)  Deadlines for filing petitions, commencing hearings and rendering decisions.
(b)  Notice to affected parties.
(c)  Hearings shall be conducted at the offices of the Office of Administrative Hearings in Los Angeles, Sacramento or San Francisco.
(d)  Any other issues deemed appropriate by the Office of Administrative Hearings.
(Added by Stats. 1982, Ch. 1373, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38070.

38070. This act shall be known and may be cited as the State Department of Health Services Cooperative Agreement Act.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38071.

38071. The purposes of this division are:
(a)  To simplify the administration of public health programs by the State Department of Health Services.
(b)  To reduce the administrative cost of public health programs to the department.
(c)  To encourage units of state and local government and nonprofit organizations to attempt bold new solutions to local public health problems.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38072.

38072. For purposes of this division, the following definitions shall apply:
(a)  “Cooperative agreement” means an agreement between the department and a unit of local government, any other unit of state government, or a nonprofit organization that provides for a contract under any of the following programs:
(1)  California AIDS Program (Chapter 2 (commencing with Section 120800) of Part 4 of Division 105).
(2)  Health of Seasonal Agricultural and Migratory Workers (Chapter 3 (commencing with Section 124550) of Part 4 of Division 106).
(3)  American Indian Health Services (Chapter 4 (commencing with Section 124575) of Part 4 of Division 106).
(4)  Rural Health Services Development (Chapter 5 (commencing with Section 124600) of Part 4 of Division 106).
(5)  Grants-In-Aid for Clinics (Article 1 (commencing with Section 124875) of Chapter 7 of Part 4 of Division 106).
(6)  Expanded Access to Primary Care (Article 2 (commencing with Section 124900) of Chapter 7 of Part 4 of Division 106).
(7)  Birth Defects Monitoring Program (Chapter 1 (commencing with Section 103825) of Part 2 of Division 102).
(8)  Maternal and child health programs, including, but not limited to, Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 and as set forth in subdivision (c) of Section 27.
(9)  Special Supplemental Food Program for Women, Infants, and Children (Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106).
(10)  Perinatal Health Care (Article 4 (commencing with Section 123550) of Chapter 2 of Part 2 of Division 106).
(11)  Family planning services (Section 14503 of the Welfare and Institutions Code).
(12)  Hereditary Disorders Programs (subdivision (b) of Section 27).
(13)  Other public health programs for the protection, preservation, and advancement of public health authorized pursuant to Section 100185 or pursuant to an annual Budget Act provision.
(b)  “Department” means the State Department of Health Services.
(Amended by Stats. 1996, Ch. 1023, Sec. 299. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38073.

38073. The department shall comply with Sections 38030, 38031, 38032, 38035, and 38036, Chapter 3 (commencing with Section 38020) and Chapter 5 (commencing with Section 38040) of Division 25, and the grievance and appeal provisions set forth in Section 38036, Division 25.1 (commencing with Section 38050), and Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38074.

38074. (a) Cooperative agreements shall be procured by means of a request for application or a request for proposal, whichever is applicable, as determined by the department.
(b) A procurement by a request for application is one where the department has funds, regardless of the source, that it seeks to distribute to those entities or organizations specified in Section 38072, that meet the criteria and standards stated in the request for application. A distinguishing feature of a request for application is that, unlike a request for proposal, a request for application is a request where multiple awards are to be made based on the information provided in the application and evaluated against the methodology and criteria specified in the request for application.
(c) All request for proposal cooperative agreement awards shall comply with the requirements of Section 10344 of the Public Contract Code.
(d) A cooperative agreement shall be for a period of up to three years.
(e) A cooperative agreement for a one-year period may provide for up to two annual extensions.
(f) A cooperative agreement may be procured without a request for application or a request for proposal under any of the following circumstances:
(1) If the amount of the cooperative agreement is less than fifty thousand dollars ($50,000) annually. A nonprofit organization shall receive only one of these awards during each fiscal year.
(2) If the amount of the cooperative agreement is less than two hundred thousand dollars ($200,000) a year and from a program that awards five or fewer grants per year.
(3) If the department is awarding a cooperative agreement under the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to an entity or organization that currently has an executed agreement with the specific WIC local agency. A cooperative agreement described in this paragraph may be awarded by means of subvention. Cooperative agreements for new or additional WIC local agencies shall be procured by means of a process that complies with applicable federal and state laws and the department’s state plan for operation of WIC.
(Amended by Stats. 2021, Ch. 143, Sec. 16. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38075.

38075. The department, at its discretion, may enter into a single cooperative agreement with a single contractor based upon the contractor’s applications submitted in response to requests for application from several programs.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38076.

38076. In administering cooperative agreements, the program staff shall prepare all requests for proposals and requests for applications, evaluate the proposals and applications received, make the awards, and monitor progress of recipients of awards.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38077.

38077. (a)  The department shall use only one or more of the following payments systems for cooperative agreements:
(1)  Allowable costs up to a maximum amount.
(2)  Fixed payment per unit of service.
(3)  Fixed monthly payment.
(4)  Fixed price agreement.
(b)  If the allowable cost payment system is used, the cooperative agreement shall contain a line item budget for the cooperative agreement project, and both of the following shall apply:
(1)  Except as required by other funding sources, including, but not limited to, the federal government or private foundations, the line item budget shall specify aggregate costs for the following and no other categories:
(A)  Personnel, including, but not limited to, salary, wages, and fringe benefits.
(B)  Operating expenses, other than personnel, including, but not limited to, rent, depreciation, use allowance, supplies, utilities, and other operating costs.
(C)  Capital expenditures to be paid for by the cooperative agreement.
(D)  Other costs as specified in the agreement.
(E)  A fixed indirect cost amount or rate.
(2)  A nonprofit organization or unit of state or local government that is a party with the department in a cooperative agreement may propose, in writing, scope of work revisions or changes. The contractor shall be notified in writing within 30 calendar days when proposed revisions are approved or disapproved by the department. If written notification does not occur within this time period, the proposed revisions or changes shall be deemed approved.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38077.3.

38077.3. (a)  The department shall develop uniform cooperative agreement formats containing standardized agreement language. Each uniform format shall be developed with the participation of the affected parties. The purpose of the uniform formats shall be to consolidate and simplify administrative and programmatic requirements, maintain systemwide consistency, develop procedures that promote ease of use by clients, streamline processes, eliminate unnecessary paperwork, and ensure fiscal accountability. Uniform formats shall be outcome oriented and conducive to the business and operational needs of all parties to the extent practical.
(b)  For purposes of this section “standardized agreement language” means language that constitutes terms and conditions of performance necessitated by sound contract management and compliance practices, including, but not limited to, payment and invoicing systems and procedures, record management requirements, and programmatic reporting requirements. Excluded from this definition are scopes of work, line item budgets, funding related provisions, preprinted generic exhibits, and cancellation or amendment clauses.
(c)  The department may form working groups including representatives of all affected parties to implement this section.
(d)  After finalization of uniform cooperative agreement formats, no unilateral change to standardized agreement language may be implemented without making the changes available for public comment. These changes include changes caused by programmatic decisions, control agency requirements, and administrative needs.
(e)  Nothing in this section shall be construed to prevent or delay changes necessitated by state or federal statute or regulations.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38078.

38078. All of the following shall apply to cooperative agreements:
(a)  The department or contractor may terminate, upon a minimum of 30 days written notice, any cooperative agreement.
(b)  The department may reject a request for proposal or a request for application response based on an entity’s or organization’s failure to comply with contracted requirements in prior contracts or cooperative agreements with the department.
(c)  The organization or unit of state and local government shall be liable to return any funds for failure to comply with the requirements of the cooperative agreement.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38078.5.

38078.5. (a)  A cooperative agreement involving the purchase of electronic data processing hardware, software, or services, or telecommunication goods and services, up to a purchase amount of fifty thousand dollars ($50,000), shall be exempt from Chapter 3 (commencing with Section 12100) and Chapter 3.5 (commencing with Section 12120) of Part 2 of Division 2 of the Public Contract Code, and from Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code.
(b)  A cooperative agreement with a unit of local or state government that requires the purchase of capital equipment shall utilize the contractor’s existing procurement systems for the purchase of equipment.
(c)  A cooperative agreement with a nonprofit organization that provides for capital expenditures as part of a line item budget shall utilize a procurement system for the purchase of equipment under a cooperative agreement that meets the following standards:
(1)  The nonprofit organization shall maintain a code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in awarding procurement contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a procurement contract in which, to his or her knowledge, he or she has a financial interest.
(2)  Procurements shall be conducted in a manner that provides, to the maximum extent practical, open and free competition.
(3)  Procurements shall be conducted in a manner that provides for all of the following:
(A)  Avoidance of the purchasing of unnecessary or duplicate items.
(B)  Solicitation for capital expenditures based upon a clear and accurate description of the technical requirements of the capital goods to be procured.
(C)  The taking of positive steps to utilize small, minority, women, or veteran owned businesses.
(d)  Notwithstanding subdivisions (a), (b), and (c), the Director of General Services may exempt from those requirements any purchases in excess of fifty thousand dollars ($50,000) annually of capital equipment, and electronic data processing and telecommunications goods and services made under a cooperative agreement for which, in his or her judgment, the exemption is appropriate and in the best interests of the state. Written notice of an exemption shall be given to the Controller.
(e)  Subdivision (a) shall become inoperative on June 30, 1997.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38079.

38079. (a)  All cooperative agreements, regardless of the size of the contracting nonprofit organization, are subject to the late payment provisions in Section 927.6 of the Government Code.
(b)  In implementing this division, the department shall have the authority of, and be subject to, the provisions set forth in Chapter 2 (commencing with Section 124475) of Part 4 of Division 106, except that those provisions apply to all cooperative agreements, not only those agreements with clinics. However, notwithstanding Section 124500, moneys in the Clinic Revolving Fund of the State Department of Health Services shall be used for purposes of this division only upon appropriation of funds by the Legislature for that purpose.
(Amended by Stats. 2000, Ch. 776, Sec. 3. Effective September 27, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38080.

38080. When the department awards a cooperative agreement pursuant to Section 38074, prior to execution of the agreement, the department may do the following:
(a)  Certify to the Controller that a cooperative agreement has been awarded, the name of the organization or agency to which the award has been made, the amount approved by the department for funding the cooperative agreement, and any other information as may be required by the Controller.
(b)  Present a claim to the Controller for payment to the organization or agency, from an appropriation available for such purpose, of an amount not exceeding 25 percent of the funding approved for the cooperative agreement.
(Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38081.

38081. (a)  Provisions shall be included in any invitation for bid or request for proposal issued and in any contract executed on or after January 1, 1996, in an amount that exceeds two hundred fifty thousand dollars ($250,000) by the State Department of Health Services, to permit the substitution of securities for any moneys withheld to ensure performance under a service or consulting service contract, provided that substitution of securities provisions shall not be required where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the state department, or with a state or federally chartered bank in California as the escrow agent, who shall then pay the moneys to the contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor.
(b)  Alternatively, the contractor may request and the state department shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the state department, pursuant to the terms of this section. The contractor shall pay to each subcontractor, not later than 20 days of receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of the contractor.
(c)  Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the state department.
The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
Failure to include these provisions in bid and contract documents shall void any provisions for performance retentions in an affected contract.
(Added by Stats. 1994, Ch. 635, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.2 - STATE DEPARTMENT OF HEALTH SERVICES COOPERATIVE AGREEMENT ACT › CHAPTER 1 - General Provisions › Section 38081.1.

38081.1. (a)  Cooperative agreements shall be subject to review and approval by the Department of General Services pursuant to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, except as follows:
(1)  Changes in the scope of work approved under paragraph (2) of subdivision (b) of Section 38077.
(2)  For allowable cost agreements, changes in line item budgets of up to 15 percent of the annual total, not to exceed one hundred thousand dollars ($100,000), so long as the contract total does not increase or decrease. This maximum amount shall be assessed annually and automatically adjusted in accordance with cost-of-living indexes.
(3)  Agreements, and amendments to those agreements, under programs expressly exempted from the review and approval of the Department of General Services pursuant to statute, including, but not limited to, those exemptions granted prior to January 1, 1994.
(b)  (1)  A nonprofit organization or governmental agency that is awarded a cooperative agreement shall not be subject to the minority and women business and disabled veterans participation goals set forth in Article 1.5 (commencing with Section 10115 of Chapter 1 of Part 2 of Division 2 of the Public Contract Code with respect to that portion of the cooperative agreement budget that is for personnel related costs of the cooperative agreement, as determined by the department.
(2)  A nonprofit organization or governmental agency that is awarded a cooperative agreement shall also be exempt from the participation goals described in paragraph (1) when the cooperative agreement meets any of the following criteria:
(A)  The amount of the cooperative agreement is one hundred thousand dollars ($100,000) or less annually.
(B)  In the case of a nonprofit organization, the nonprofit organization to be awarded the cooperative agreement has a board of directors of which at least 51 percent of the members are any combination of women, minorities, and disabled veterans.
(C)  Cooperative agreements that result from requests for application.
(c)  The Director of General Services may exempt from his or her approval or from approval of the department any cooperative agreements for which, in his or her judgment, the exemption is appropriate and in the best interests of the state. Written notice of an exemption shall be given to the Controller.
(d)  Subdivision (b) shall become inoperative on June 30, 1997.
(Amended by Stats. 2002, Ch. 386, Sec. 6. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Title of Division › Section 38500.

38500. This division shall be known, and may be cited, as the California Global Warming Solutions Act of 2006.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Definitions › Section 38505.5.

38505.5. (a) “District” has the same meaning as in Section 39025.
(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
(Added by Stats. 2017, Ch. 135, Sec. 3. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 1 - GENERAL PROVISIONS › CHAPTER 3 - Definitions › Section 38506.

38506. For purposes of this division, “social costs” means an estimate of the economic damages, including, but not limited to, changes in net agricultural productivity; impacts to public health; climate adaptation impacts, such as property damages from increased flood risk; and changes in energy system costs, per metric ton of greenhouse gas emission per year.
(Added by Stats. 2016, Ch. 250, Sec. 3. (AB 197) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Role of State Board › Section 38510.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 2 - MANDATORY GREENHOUSE GAS EMISSIONS REPORTING › Section 38530.

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 (k) of Section 380 of the Public Utilities Code and local publicly owned electric utilities as defined in Section 224.3 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 former Chapter 6 (commencing with Section 42800) of Part 4 of Division 26, as added by Section 1 of Chapter 1018 of the Statutes of 2000. 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:
(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.
(Amended by Stats. 2017, Ch. 561, Sec. 116. (AB 1516) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 2 - MANDATORY GREENHOUSE GAS EMISSIONS REPORTING › Section 38531.

38531. (a) (1) The state board shall make available, and update at least annually, on its Internet Web site the emissions of greenhouse gases and criteria pollutants for each facility that reports to the state board pursuant to Section 38530. The data shall be displayed in a manner that illustrates the changes in emissions levels over time.
(2) No later than January 1, 2018, the state board shall add toxic air contaminant emissions to the information made available pursuant to paragraph (1).
(3) The criteria pollutant and toxic air contaminant emissions data for stationary sources shall be based on data provided to the state board by air pollution control and air quality management districts collected pursuant to Section 39607 and Chapter 3 (commencing with Section 44340) of Part 6 of Division 26.
(b) At least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, the state board shall present an informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan prepared pursuant to Section 38561. The report shall evaluate emission trends and include a discussion of the regulatory requirements, initiatives, and other programs that may influence those trends. The report also may include recommendations from the state board for legislative action and consideration.
(Added by Stats. 2016, Ch. 250, Sec. 4. (AB 197) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 2 - MANDATORY GREENHOUSE GAS EMISSIONS REPORTING › Section 38535.

38535. The state board, in consultation with the California Department of Forestry and Fire Protection, shall develop all of the following:
(a) A standardized system for quantifying the direct carbon emissions and decay from fuel reduction activities for purposes of meeting the accounting requirements for Greenhouse Gas Reduction Fund expenditures. This system may include standardized lookup tables by forest stand type, including for oak woodland forests, and harvest or other management prescriptions. The system shall acknowledge that certain expenditures, such as for planning, analysis, modeling, or outreach, will not have a direct greenhouse gas reduction benefit, but will facilitate necessary climate preparedness activities that will have direct greenhouse gas benefits.
(b) In consultation with academic experts, a historic baseline of greenhouse gas emissions from California’s natural fire regime reflecting conditions before modern fire suppression. This shall be completed on or before December 31, 2020. The baseline may be included within the state board’s natural working lands inventory.
(c) On or before December 31, 2020, and every five years thereafter, a report that assesses greenhouse gas emissions associated with wildfire and forest management activities.
(Added by Stats. 2018, Ch. 626, Sec. 4. (SB 901) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 3 - STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT › Section 38550.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 3 - STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT › Section 38551.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38560.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38560.5.

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 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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38560.7.

38560.7. The state board shall create, and maintain on its internet website, a greenhouse gas emissions dashboard that provides updated publicly available information regarding how the state is progressing toward meeting its statewide climate change goals.
(Added by Stats. 2022, Ch. 366, Sec. 1. (SB 1145) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38562.2.

38562.2. (a) This section shall be known, and may be cited, as the California Climate Crisis Act.
(b) For purposes of this section, “net zero greenhouse gas emissions” means emissions of greenhouse gases, as defined in subdivision (g) of Section 38505, to the atmosphere are balanced by removals of greenhouse gas emissions over a period of time, as determined by the state board.
(c) It is the policy of the state to do both of the following:
(1) Achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This goal is in addition to, and does not replace or supersede, the statewide greenhouse gas emissions reduction targets in Section 38566.
(2) Ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 85 percent below the statewide greenhouse gas emissions limit established pursuant to Section 38550.
(d) The state board shall work with relevant state agencies to do both of the following:
(1) Ensure that updates to the scoping plan required pursuant to Section 38561 identify and recommend measures to achieve the policy goals stated in subdivision (c).
(2) Identify and implement a variety of policies and strategies that enable carbon dioxide removal solutions and carbon capture, utilization, and storage technologies in California to complement emissions reductions and achieve the policy goals stated in subdivision (c).
(e) (1) By December 31, 2035, the state board shall evaluate the feasibility and tradeoffs of achieving the policy goal stated in paragraph (2) of subdivision (c) relative to alternative scenarios that achieve the policy goals stated in paragraph (1) of subdivision (c), and report its findings and recommendations to the Legislature.
(2) The state board shall report to the Joint Legislative Committee on Climate Change Policies annually on progress toward the goals stated in subdivision (c).
(3) As part of its annual reporting requirements pursuant to Section 38592.6, the Legislative Analyst’s Office, until January 1, 2030, shall conduct independent analyses of the state’s progress toward the goals stated in subdivision (c) and shall prepare an annual report detailing its review, which may include recommendations for improvements in state actions taken to achieve the goals stated in subdivision (c). When appropriate, these annual reports may incorporate reviews of the state board’s evaluation and reporting practices, and may include recommendations for potential changes to advance transparency and accountability. A report prepared pursuant to this paragraph shall be made available to the public.
(Amended by Stats. 2023, Ch. 51, Sec. 13. (SB 122) Effective July 10, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38562.5.

38562.5. When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, the state board shall follow the requirements in subdivision (b) of Section 38562, consider the social costs of the emissions of greenhouse gases, and prioritize both of the following:
(a) Emission reduction rules and regulations that result in direct emission reductions at large stationary sources of greenhouse gas emissions and direct emission reductions from mobile sources.
(b) Emission reduction rules and regulations that result in direct emission reductions from sources other than those specified in subdivision (a).
(Amended by Stats. 2017, Ch. 561, Sec. 119. (AB 1516) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38562.7.

38562.7. Each scoping plan update developed pursuant to Section 38561 shall identify for each emissions reduction measure, including each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and nonmonetary incentive, the following information:
(a) The range of projected greenhouse gas emissions reductions that result from the measure.
(b) The range of projected air pollution reductions that result from the measure.
(c) The cost-effectiveness, including avoided social costs, of the measure.
(Amended by Stats. 2017, Ch. 561, Sec. 120. (AB 1516) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38563.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38564.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38565.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38566.

38566. In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.
(Added by Stats. 2016, Ch. 249, Sec. 2. (SB 32) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 4 - GREENHOUSE GAS EMISSIONS REDUCTIONS › Section 38568.

38568. (a) Contingent upon appropriation by the Legislature, to better assist the state in achieving its greenhouse gas emissions reduction goals, the state board shall do all of the following with respect to incentive programs administered by the state board:
(1) To improve the state board’s ability to isolate the greenhouse gas emissions reductions for each of its incentive programs, the state board shall establish a process to formally identify any overlap among any incentive programs that share the same objectives.
(2) To improve its ability to identify the effectiveness of each of its incentive programs in reducing greenhouse gas emissions, the state board shall develop a process to define, collect, and evaluate data on the behavioral changes that result from each of its incentive programs.
(3) To better demonstrate that its incentive programs are as effective as possible in achieving specific socioeconomic benefits, the state board shall develop a process to define, collect, and evaluate data that will translate to metrics demonstrating the socioeconomic benefits that result from each of its incentive programs.
(4) The state board shall enter into a contract with either the University of California or the California State University to collect the information necessary to better isolate greenhouse gas emission reductions and socioeconomic benefits ascribed to its incentive programs. The findings from that contract shall inform the processes and methodologies implemented by the state board.
(5) (A) The state board shall use the information collected pursuant to paragraphs (1) and (2) to refine any greenhouse gas emissions estimates of its incentive programs that are included in its annual reports to the Legislature, funding plans, or any long-term planning documents or reports.
(B) The state board shall use the metrics and data collected pursuant to paragraph (3) to make any funding and design recommendations in its annual reports to the Legislature or funding plans based on the efficacy and costs of its incentive programs in providing socioeconomic benefits.
(b) The state board shall complete the requirements of paragraphs (1) to (4), inclusive, of subdivision (a) within three years of receiving an appropriation from the Legislature for the purposes of this section.
(c) For purposes of this section, “incentive program” means an incentive program administered by the state board that is included in the audit entitled “California Air Resources Board: Improved Program Measurement Would Help California Work More Strategically to Meet Its Climate Change Goals” (Report Number 2020-114) conducted by the California State Auditor.
(Added by Stats. 2021, Ch. 714, Sec. 1. (AB 1261) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 25.5 - CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 › PART 5 - MARKET-BASED COMPLIANCE MECHANISMS › Section 38570.

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.
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)