Part 4GREENHOUSE GAS EMISSIONS REDUCTIONS
Section § 38560
This law requires the state board to create public rules for reducing greenhouse gas emissions in a way that balances maximum efficiency with cost-effectiveness.
Section § 38560.5
By June 30, 2007, California's state board needs to provide a list of early steps to reduce greenhouse gases before more extensive measures are enacted. Then, by January 1, 2010, the state board must adopt rules to put these early steps into action.
The rules should aim for the greatest possible and cost-effective reduction in greenhouse gases, helping meet California's overall emissions limits. These rules must be enforceable starting January 1, 2010.
Section § 38560.7
The state board is required to set up and keep an online dashboard to show how California is doing with its statewide climate change goals. This dashboard will provide updated and publicly accessible information about greenhouse gas emissions.
Section § 38561
This section mandates that by January 1, 2009, California's state board must create a comprehensive plan to reduce greenhouse gas emissions as much as possible using available technology and cost-effective methods by 2020. The plan requires collaboration with relevant state agencies to ensure measures are efficient, non-overlapping, and feasible.
The plan should outline various strategies for reducing emissions, including alternative and market-based mechanisms, and incentives. It should consider emissions reduction programs from other regions, and evaluate the economic, environmental, and public health impacts on California.
The state board must assess the contributions of different emission sources, potential impacts on small businesses, and set a threshold for minimal emissions below which reductions are not required.
Opportunities for voluntary actions like carbon sequestration should also be identified. Public workshops, especially in pollution-affected regions, are required to gather feedback. The plan must be updated every five years.
Section § 38561.2
This law requires that by July 1, 2023, California's state board develop a detailed plan to achieve net-zero greenhouse gas emissions from cement used within the state by no later than December 31, 2045. The board must set interim targets aiming to reduce cement's greenhouse gas emissions by 40% from 2019 levels by 2035.
The board will not count emission offsets unrelated to cement production itself. By July 2028, the board will assess progress and may change targets based on technology improvements, with any adjustments thoroughly documented. The board must define greenhouse gas metrics, evaluate data, and develop measures to address barriers.
Additionally, the board needs to consider market demand, air quality, community impacts, and align efforts with other agencies while prioritizing cost-saving incentives. The plan also includes actions to reduce adverse effects on communities near cement plants and potential carbon costs on imported cement. The strategy will be implemented when funded by the Legislature.
Section § 38561.3
This law requires the state board, with input from various stakeholders, to create a framework by 2026 for measuring the carbon intensity of materials used in building projects. By 2028, a strategy to reduce greenhouse gas emissions from these materials by 40% by 2035 must be developed. This involves requiring construction projects over a certain size to submit life-cycle assessments that evaluate the carbon impact of materials used and requiring manufacturers to provide Environmental Product Declarations.
The law provides guidelines for assessing the feasibility and cost impact of using lower carbon materials, setting clear definitions for both. It mandates a reporting system to track progress toward emission reduction goals and ensures that construction projects are compliant if they meet criteria even if targets are not fully met due to feasibility or cost. The law also highlights the importance of incentives and support measures to encourage the use of materials with lower carbon intensity. Penalties apply for non-compliance with these emission goals, but no penalties for failure if due care is shown and targets are deemed met.
Section § 38561.5
This section outlines how California aims to use its natural and working lands to fight climate change by removing greenhouse gases from the atmosphere. It defines key terms like 'natural carbon sequestration' and 'nature-based climate solutions'. By January 1, 2024, state agencies must set targets for reducing emissions and increasing carbon storage through these methods, and these targets will help the state meet its climate goals.
Starting in 2025, every two years, these agencies must report on progress through a strategic plan, detailing actions taken and their benefits, especially for disadvantaged communities. An expert advisory committee, including Indigenous and environmental representatives, will guide these efforts and assess any barriers to reaching the targets. Methods to track emissions and measure success consistently will also be developed by the state board.
Section § 38561.6
This section of the California Health and Safety Code addresses setting up a system to reduce carbon emissions in building materials. It defines key terms related to carbon emissions, like 'carbon intensity' and 'embodied carbon trading system'. The focus is on reducing greenhouse gases linked to building materials by allowing the trading of carbon credits. The system aims to make construction more sustainable through incentives for using low-carbon materials in new buildings.
The state board may create a trading system that lets construction projects and material manufacturers buy and sell carbon credits. The goal is to ensure the building industry can cut emissions without making projects too costly or complicated. The state board can adopt rules and work with other agencies to ensure these changes are smoothly integrated and consistently monitored.
Finally, this section makes it clear that no new revenue-generating programs are allowed and enforcement will be through penalties only, as specified in linked regulations. Overall, this law seeks to promote environmentally friendly building practices without overwhelming stakeholders with costs or regulations.
Section § 38561.7
This law requires the state board, in its next update to the scoping plan, to include discussions on both industrial emissions sources with available zero-emission alternatives and those without such alternatives.
It becomes inactive after July 1, 2028, and will be officially repealed on January 1, 2029.
Section § 38561.8
This law section defines 'decarbonize' as reducing or eliminating greenhouse gas emissions. It tasks the state board, along with other commissions, to prepare an evaluation by June 1, 2024, focused on the role of hydrogen in California's climate goals. This includes policy recommendations for green hydrogen, strategies for supporting hydrogen infrastructure, and the potential of all hydrogen types to reduce emissions.
It also involves analyzing how electrical generation can be utilized for green hydrogen production, estimating emission reductions, evaluating health impacts, and suggesting regulatory processes. Additionally, it assesses hydrogen's role in water treatment and examines life-cycle emissions and environmental impacts. Overall, it aims to integrate hydrogen solutions into California's energy and environmental strategies.
Section § 38562
This law requires the state board to set limits and create measures to reduce greenhouse gas emissions as much as technology allows and in a cost-effective way. The regulations should aim for fairness, minimize costs, maximize benefits, and support early emissions reduction actions. Additionally, the rules should prevent disproportionate impacts on low-income communities and credit those who've voluntarily cut emissions earlier.
The board must ensure these regulations help maintain air quality standards and provide broad environmental and economic benefits. The board's decisions will be informed by the best available scientific and economic data. They must also work with the Public Utilities Commission to coordinate regulations for electricity and gas providers and avoid redundant rules.
This section is set to be active starting in 2046, but it allows revisions to be made to improve the regulations continually.
Section § 38562.1
This law requires the state board, when updating major market-based compliance regulations related to climate policies, to present their plan and reasoning to specific legislative committees. They must discuss the current state of the regulations and explain why changes are needed. The board must also provide economic analyses to these committees and potentially attend hearings if requested. They're also tasked with making the public agenda available before meetings on these updates. These steps ensure transparency and legislative oversight, but they don't delay the rulemaking process. This law is valid until January 1, 2046.
Section § 38562.2
This law is called the California Climate Crisis Act, and it aims to address climate change by reducing greenhouse gas emissions. The state's goal is to reach net zero emissions by 2045 and to decrease emissions by at least 85% from levels set earlier. This does not replace existing emissions targets but adds to them. The state board and other agencies will create and use strategies for carbon removal and capture technologies to support these goals. By 2035, the state board will review how feasible and effective these goals are compared to other possible scenarios and report to the Legislature. Additionally, there will be yearly reports to track progress and offer improvement suggestions, ensuring transparency and accountability.
Section § 38562.3
This law requires the California state board to conduct a study and report back to the Legislature by the end of 2026 on how offset projects contribute to the state's climate goals and how these projects could be improved or valued differently. This includes examining the possibility of redefining what constitutes direct environmental benefits within California and offering recommendations on developing more in-state offset projects. The board must also update existing offset protocols by 2029 to ensure they align with the best available science and practices from global carbon markets and the Paris Agreement.
Starting January 2034, and every five years after, the board needs to evaluate these offset protocols to ensure they’re still using the latest scientific standards.
Section § 38562.4
This section outlines the definitions and overall goal for California state agencies to achieve net-zero greenhouse gas emissions by January 1, 2035. 'Scope 1 emissions' refer to direct emissions from agency-controlled sources, while 'Scope 2 emissions' involve indirect emissions from purchased energy.
The Department of General Services, in coordination with the State Air Resources Board, is tasked with tracking progress towards this goal. Key requirements include publishing annual emission inventories starting July 1, 2024, and creating a detailed action plan by January 1, 2026, with updates every two years thereafter. These actions should be included in state agencies’ sustainability plans and budget proposals.
Additionally, the Department of General Services must provide support and resources to state agencies and report biennially to the Legislature about emissions progress and existing challenges, suggesting legislative actions to remove barriers.
Section § 38562.5
This section requires the state board to adopt rules aimed at reducing emissions beyond set limits, especially in communities most affected by pollution.
They must follow related requirements, account for the societal costs of emissions, and focus on creating regulations that lead to direct emission cuts. Priority is given to reducing emissions from large stationary and mobile sources, as well as other types of sources.
Section § 38562.7
When updating a scoping plan for emissions, it's important to include detailed information for each emissions reduction method. This includes predicting how much the measure will reduce greenhouse gases and other air pollution. The update should also show how cost-effective the measure is, considering both direct costs and the broader benefits to society.
Section § 38563
This law allows the state board to set and enforce rules to reduce greenhouse gas emissions before the specified dates of January 1, 2011, and January 1, 2012. It also enables the board to give credits for early efforts in reducing emissions when suitable.
Section § 38564
This section requires the state board to work with other states, the federal government, and other countries to find the best ways to cut greenhouse gases. The goal is to create efficient and affordable programs at regional, national, and international levels.
Section § 38565
This law requires the state board to ensure that efforts to reduce greenhouse gas emissions benefit the most disadvantaged communities in California. It also emphasizes involving small businesses, schools, affordable housing groups, and other community institutions in these initiatives where possible.
Section § 38566
This law requires that when creating rules to cut down on greenhouse gases, the state board must make sure that by the end of 2030, the emissions are at least 40% lower than a set limit. The focus is on doing this in a way that's both technologically possible and cost-effective.
Section § 38568
This law requires the California Air Resources Board (CARB) to improve its greenhouse gas reduction incentive programs if funding is available. CARB must identify overlaps in its programs, collect data on how each program influences behavior, and evaluate the social benefits they provide. They are to contract with a university to gather necessary data for analysis. CARB will use this information to refine emissions estimates and improve program funding and design. These tasks must be completed within three years once funding from the Legislature is received. The term 'incentive program' refers to specific programs included in a state audit report focused on climate change goals.