Part 7Miscellaneous Provisions
Section § 38590
This law says that if existing regulations to control vehicle-based greenhouse gas emissions stop being effective, California's state board must create new regulations that achieve the same or greater emission reductions.
Section § 38590.1
This law states that money collected from the sale of carbon allowances should be used for various environmental and climate-related projects. These priorities include reducing air pollution from various sources, supporting low-carbon transport, advancing sustainable farming practices, and enhancing forest and urban greening projects. Other goals include developing nature-based solutions, addressing short-lived climate pollutants, increasing climate resilience, and funding climate and clean energy research.
Additionally, the law requires certain state agencies to report annually on how these funds are spent, ensuring transparency and accountability. This regulation is set to expire on January 1, 2046.
Section § 38591
This law requires the state board to set up two advisory committees. First, an Environmental Justice Advisory Committee must be established by July 1, 2007, to help develop a scoping plan and address issues about the state's implementation of air pollution measures. This committee should include at least three members from communities that face significant air pollution, particularly those with minority or low-income populations. The members are chosen from environmental justice and community group nominations. They also receive a reasonable allowance for attending meetings if they are from nonprofit organizations.
Second, the state board must appoint an Economic and Technology Advancement Advisory Committee. This group will guide the board on investing in and implementing new technologies and research to reduce greenhouse gas emissions. Their advice also covers identifying funding opportunities, forming partnerships, and understanding economic and technological developments at various levels.
Section § 38591.1
This law establishes a team called the Compliance Offsets Protocol Task Force. Their job is to help create programs that reduce pollution and benefit the environment, focusing especially on disadvantaged, tribal, and rural areas.
The Task Force will include diverse experts, such as scientists, carbon market specialists, tribal leaders, and environmental advocates. They will work on improving ways to manage and conserve land and wetlands, and make it easier for multiple landowners to join these initiatives while keeping costs down and maintaining transparency.
These efforts aim to expand environmental benefits and will be in effect until January 1, 2046.
Section § 38591.2
This law establishes the Independent Emissions Market Advisory Committee within the California Environmental Protection Agency. The committee, consisting of at least five emissions trading market experts, is appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly. It includes a nonvoting representative from the Legislative Analyst’s Office.
Members must have relevant backgrounds and avoid financial conflicts of interest with regulated entities. They are considered employees of the agency for specific legal purposes. The committee must meet publicly and annually report on climate regulations' performance to the state board and legislative climate committee. The section is effective until January 1, 2046, when it is repealed.
Section § 38591.3
This law requires the California Workforce Development Board to report to the Legislature by January 1, 2019, on the need for resources to help industries, workers, and communities transition to changes in the economy and labor market related to reducing greenhouse gas emissions. The report should align with the state's workforce development plan and involve consultations with educational institutions and stakeholders. It must cover job creation, workforce training tied to infrastructure projects, community agreements for job linkage, career technical education, retraining for current workers, and addressing the workforce needs of new industries, particularly those cutting greenhouse gases. It also emphasizes training for vulnerable groups, like at-risk youth and veterans, and promoting partnerships with community organizations in disadvantaged areas. The goal is to identify and use funding effectively for these initiatives. This section is effective until January 1, 2031.
Section § 38592
The law requires all state agencies to think about and use ways to lower their greenhouse gas emissions. It also clarifies that fulfilling these responsibilities does not exempt anyone, including public agencies, from complying with existing federal, state, or local laws, particularly those related to air and water quality, and public health and environmental protections.
Section § 38592.1
This law requests the California Council on Science and Technology (CCST) to evaluate every three years what kinds of infrastructure projects are needed to meet California's energy, climate change, and air quality goals. This includes looking at different types of reports and plans related to energy policy and resource planning.
CCST's assessment can cover a wide range of project types, such as building renewable energy sources like solar or wind power, setting up charging stations for electric cars, retrofitting buildings to be more environmentally friendly, and using technology like carbon capture to manage emissions.
Moreover, CCST is encouraged to keep these assessments up-to-date and incorporate new scientific research quickly.
Section § 38592.5
This section of the California Health and Safety Code requires the state board to update its greenhouse gas emissions reduction plan by January 1, 2018. The board must set specific rules for petroleum refineries and oil and gas production facilities to lower their emissions using a market-based approach. It ensures all rules comply with the updated plan and allows the board to implement additional measures for emissions, like those targeting methane or supporting cleaner cars and fuels. Regulations for short-lived climate pollutants and sustainable freight plans are also included. The regulations in this section will be in effect until January 1, 2046.
Section § 38592.6
The Legislative Analyst’s Office must report every year to the Legislature about how California’s greenhouse gas emission targets are affecting the economy. This requirement lasts until January 1, 2046, after which the law is automatically repealed.
Section § 38593
This law makes it clear that the existing authority of the Public Utilities Commission is not changed by this division. Additionally, it emphasizes that electrical companies still have a responsibility to ensure their customers receive safe and reliable electricity.
Section § 38594
This law section states that while it is in place, it doesn't change what local districts are currently allowed to do or restrict them from any existing powers they have. It will start being enforced on January 1, 2046.
Section § 38595
This law states that as long as all the necessary regulations are followed, building new facilities or expanding existing ones is allowed under this division. It doesn't restrict or stop construction if compliance with the rules is maintained.
Section § 38596
This law states that if any part of this division is found to be invalid or not applicable, it won't impact the rest of the division. The other parts can still be enforced even without the invalid part.
Section § 38597
The state board can set fees for businesses and sources that produce greenhouse gases. These fees are determined after a public workshop and are used to support air pollution control programs. Money collected is deposited into a special fund and must be approved by the Legislature for use.
Section § 38598
This section clarifies that the law does not prevent any state agency in California from creating and enforcing strategies to reduce greenhouse gas emissions. It also emphasizes that these agencies must continue to follow existing legal requirements.
Section § 38599
This law lets the Governor of California change the deadlines for specific regulations if there are extraordinary situations, huge events, or potential major economic troubles. These changes can last up to a year unless the Governor decides another extension is needed.
The law doesn't change the existing powers given by the California Emergency Services Act. If the Governor takes action under this law, they must inform the state Legislature within 10 days.