Assembly Bill No. 32 …

                            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.


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 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.



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   (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




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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.


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   (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:



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   (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



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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.



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   (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


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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.




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     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.


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   (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



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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


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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.




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