BlackletterCalifornia law

DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 [38500. - 38599.11.]

Division 25.5 added by Stats. 2006, Ch. 488, Sec. 1.

§§ 38500–38599.11 · 58 sections

  1. PART 1. GENERAL PROVISIONS §§ 38500–38510 · 6 sections
    1. CHAPTER 1. Title of Division § 38500 · 1 section
      • § 38500 This division shall be known, and may be cited, as the California Global Warming Solutions Act of 2006.
    2. CHAPTER 2. Findings and Declarations § 38501 · 1 section
      • § 38501 (a) The Legislature finds and declares all of the following: (1) Global warming poses a serious threat to the economic well-being, public health, natural…
    3. CHAPTER 3. Definitions §§ 38505–38506 · 3 sections
      • § 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…
      • § 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 (b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
      • § 38506 For purposes of this division, “social costs” means an estimate of the economic damages, including, but not limited to, changes in net agricultural…
    4. CHAPTER 4. Role of State Board § 38510 · 1 section
      • § 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…
  2. PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING §§ 38530–38535 · 5 sections
    • § 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…
    • § 38531 (a) (1) The state board shall make available, and update at least annually, on its internet website the emissions of greenhouse gases and criteria pollutants…
    • § 38532 (a) This section shall be known, and may be cited, as the Climate Corporate Data Accountability Act. (b) For purposes of this section, the following terms have…
    • § 38533 (a) For purposes of this section, the following definitions apply: (1) “Climate reporting organization” means a nonprofit climate reporting organization…
    • § 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…
  3. PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT §§ 38550–38551 · 2 sections
    • § 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,…
    • § 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…
  4. PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS §§ 38560–38568 · 22 sections
    • § 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…
    • § 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…
    • § 38560.7 The state board shall create, and maintain on its internet website, a greenhouse gas emissions dashboard that provides updated publicly available information…
    • § 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…
    • § 38561.2 (a) (1) By July 1, 2023, the state board shall develop a comprehensive strategy for the state’s cement sector to achieve net-zero emissions of greenhouse gases…
    • § 38561.3 (a) By December 31, 2026, the state board, in consultation with relevant stakeholders, including, but not limited to, the California Building Standards…
    • § 38561.5 (a) For purposes of this section, the following definitions apply: (1) “Natural carbon sequestration” means actions that are undertaken on natural and working…
    • § 38561.6 (a) For purposes of this section, the following definitions apply: (1) “Carbon intensity” means the quantity of life-cycle greenhouse gas emissions per unit of…
    • § 38561.7 (a) In the next update to the scoping plan prepared pursuant to Section 38561, the state board shall include both of the following: (1) A discussion of…
    • § 38561.8 (a) For purposes of this section, “decarbonize” means to reduce or eliminate associated emissions of greenhouse gases. (b) The state board, in consultation…
    • § 38562 (a) The state board shall adopt greenhouse gas emissions limits and emissions reduction measures by regulation to achieve the maximum technologically feasible…
    • § 38562.1 (a) If the state board initiates a regulatory process to update the market-based compliance mechanism, consistent with Section 38562, that is expected to be a…
    • § 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”…
    • § 38562.3 (a) (1) No later than December 31, 2026, the state board shall conduct a study and report to the Legislature, in accordance with Section 9795 of the Government…
    • § 38562.4 (a) For purposes of this section, the following definitions apply: (1) “Scope 1 emissions” means all direct emissions from sources that are owned or controlled…
    • § 38562.5 When adopting rules and regulations pursuant to this division to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to…
    • § 38562.7 Each scoping plan update developed pursuant to Section 38561 shall identify for each emissions reduction measure, including each alternative compliance…
    • § 38563 Nothing in this division restricts the state board from adopting greenhouse gas emission limits or emission reduction measures prior to January 1, 2011,…
    • § 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…
    • § 38565 The state board shall ensure that the greenhouse gas emission reduction rules, regulations, programs, mechanisms, and incentives under its jurisdiction, where…
    • § 38566 In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this…
    • § 38568 (a) Contingent upon appropriation by the Legislature, to better assist the state in achieving its greenhouse gas emissions reduction goals, the state board…
  5. PART 5. MARKET-BASED COMPLIANCE MECHANISMS §§ 38570–38574 · 3 sections
    • § 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…
    • § 38571 The state board shall adopt methodologies for the quantification of voluntary greenhouse gas emission reductions. The state board shall adopt regulations to…
    • § 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…
  6. PART 6. ENFORCEMENT § 38580 · 1 section
    • § 38580 (a) The state board shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based…
  7. PART 7. Miscellaneous Provisions §§ 38590–38599 · 17 sections
    • § 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…
    • § 38590.1 (a) It is the intent of the Legislature that moneys collected from the auction or sale of allowances pursuant to a market-based compliance mechanism…
    • § 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…
    • § 38591.1 (a) The Compliance Offsets Protocol Task Force is hereby established to provide guidance to the state board in approving new offset protocols for a…
    • § 38591.2 (a) The Independent Emissions Market Advisory Committee is hereby established within the California Environmental Protection Agency. (b) (1) (A) The committee…
    • § 38591.3 (a) No later than January 1, 2019, the California Workforce Development Board, in consultation with the state board, shall report to the Legislature on the…
    • § 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,…
    • § 38592.1 (a) Every three years, the California Council on Science and Technology (CCST), in its mission to increase collaboration among agencies and scientists and…
    • § 38592.5 (a) (1) No later than January 1, 2018, the state board shall update the scoping plan, prepared pursuant to Section 38561, to achieve the greenhouse gas…
    • § 38592.6 (a) The Legislative Analyst’s Office shall, until January 1, 2046, annually report to the Legislature on the economic impacts and benefits of the greenhouse…
    • § 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…
    • § 38594 (a) Except as provided in subdivision (b), nothing in this division shall limit or expand the existing authority of any district. (b) A district shall not… see note
    • § 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…
    • § 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…
    • § 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…
    • § 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)…
    • § 38599 (a) In the event of extraordinary circumstances, catastrophic events, or threat of significant economic harm, the Governor may adjust the applicable deadlines…
  8. PART 8. California Jobs Plan Act of 2021 §§ 38599.10–38599.11 · 2 sections
    • § 38599.10 For purposes of this part, the following definitions apply: (a) “Access” means that an individual who lives in an under-resourced, tribal, or low-income…
    • § 38599.11 (a) On or before July 1, 2025, the state board shall work with the labor agency to update Greenhouse Gas Reduction Fund funding guidelines for administering…