California 2009-2010 Regular Session Status: Enacted

AB 1318 — South Coast Air Quality Management District: emission reduction credits: California Environmental Quality Act.

Last action — Chaptered by Secretary of State - Chapter 285, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Advancing 60% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Mixed recorded votes

    7 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under existing law, every air pollution control district or air quality management district governing board, except as specified, is required to establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are required to be banked prior to use to offset future increases in emissions, as provided. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts certain specified projects from its requirements. This bill would require the executive officer of the South Coast Air Quality Management District, upon making a specified finding, to transfer emission reduction credits for certain pollutants from the south coast district's internal emission credit accounts to eligible electrical generating facilities, as described. By imposing these duties on the South Coast Air Quality Management District, the bill would impose a state-mandated local program. The bill would exempt from CEQA certain actions of the district undertaken pursuant to the bill. These provisions would be repealed on January 1, 2012. The bill would require the State Air Resources Board, in consultation with specified agencies, to prepare and submit to the Governor and the Legislature a report that evaluates the electrical system reliability needs of the South Coast Air Basin and recommends the most effective and efficient means of meeting those needs while ensuring compliance with state and federal law. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation. (3) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 285, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 65. Noes 4. Page 3383.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 23. Noes 6. Page 2428.)

  7. Amended pursuant to Joint Rule 23.5.

  8. Read third time. Urgency clause refused adoption. (Ayes 11. Noes 8. Page 2426.)

  9. Withdrawn from committee. Ordered placed on third reading file.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  11. Senate Rule 29.3 suspended.

  12. Withdrawn from committee. Re-referred to Com. on RLS.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (August 26).

  15. From committee: Do pass, and re-refer to Com. on EQ. Re-referred. (Ayes 6. Noes 0.) (August 24).

  16. Re-referred to Coms. on E., U., & C. and EQ.

  17. Withdrawn from committee.

  18. Referred to Coms. on EQ. and E., U., & C.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 63. Noes 3. Page 2477.)

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 15. Noes 0.) (July 8).

  23. Re-referred to Com. on APPR.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  25. In committee: Set, first hearing. Hearing canceled at the request of author.

  26. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 13. Noes 0.) (May 18).

  27. Re-referred to Com. on U. & C.

  28. Read second time and amended.

  29. From committee: Amend, do pass as amended, and re-refer to Com. on U. & C. (Ayes 7. Noes 0.) (May 11).

  30. Re-referred to Com. on NAT. RES.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Re-referred to Com. on NAT. RES. by unanimous consent, and then be re-referred to Com. on U. & C.

  34. Referred to Coms. on U. & C. and NAT. RES.

  35. Read first time.

  36. From printer. May be heard in committee March 30.

  37. Introduced. To print.

Sponsors

  • Benoit · Cosponsor
  • V. Manuel Perez · Primary
  • Ducheny · Cosponsor
  • Nestande · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • V. Manuel Perez

Co-sponsors (3)

  • Benoit
  • Ducheny
  • Nestande

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1318 Concurrence in Senate Amendments By PEREZ, V.M.

Passed 75 Yea · 4 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 704011
Democratic 2001
Republican 3000
Total 754012
% of votes cast 82%4%0%13%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Knight — Yea
Fletcher — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Nestande — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Charles — Not Voting
Fong — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
Evans — Not Voting
Hill — Nay
Huffman — Nay
Miller — Not Voting
Monning — Not Voting
Nava — Not Voting
Skinner — Nay
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Harkey — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nielsen — Yea
Ruskin — Not Voting
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Feuer — Nay
DeVore — Yea
Yamada — Not Voting
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Supp 1 AB1318 V. Manuel Perez By Ducheny

Failed 12 Yea · 8 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 108020
Democratic 2000
Republican 0001
Total 128021
% of votes cast 29%20%0%51%
How each member voted (41)
Member Party Vote
Yee — Nay
Hancock — Nay
Wyland — Not Voting
Negrete — Yea
Lowenthal — Nay
Cogdill — Not Voting
Corbett — Not Voting
Harman — Not Voting
Huff — Not Voting
Kehoe — Not Voting
Liu — Yea
Runner — Not Voting
Ducheny — Yea
McLeod — Yea
Oropeza — Nay
Price — Yea
Romero — Yea
Ashburn — Not Voting
Benoit — Not Voting
Dutton — Not Voting
Simitian — Not Voting
Steinberg — Not Voting
Walters — Not Voting
Wiggins — Nay
Wright — Yea
Aanestad — Not Voting
Alquist — Not Voting
Hollingsworth — Not Voting
Leno — Nay
Maldonado — Not Voting
Pavley — Nay
Wolk — Nay
Cedillo — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Not Voting
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass, but re-refer to the Committee on Environmental Quality.

Passed 6 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 3005
Democratic 2000
Republican 1000
Total 6005
% of votes cast 55%0%0%45%
How each member voted (11)
Member Party Vote
Corbett — Not Voting
Lowenthal — Not Voting
Simitian — Not Voting
Wiggins — Not Voting
Wright — Yea
Benoit — Yea
Kehoe — Not Voting
Cox — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1318 PEREZ, V.M. Third Reading Urgency

Passed 72 Yea · 3 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 663016
Democratic 3000
Republican 3000
Total 723016
% of votes cast 79%3%0%18%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Hagman — Yea
Charles — Yea
De — Yea
Leon — Yea
Anderson — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
Fong — Not Voting
Bonnie — Not Voting
Lowenthal — Not Voting
Evans — Not Voting
Feuer — Nay
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Nay
Knight — Yea
Krekorian — Yea
Logue — Yea
Bass — Yea
Mendoza — Yea
Miller — Yea
Nava — Not Voting
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Not Voting
Adams — Yea
Ammiano — Not Voting
Blakeslee — Yea
Block — Yea
Blumenfield — Not Voting
Brownley — Not Voting
Buchanan — Not Voting
Harkey — Yea
Hill — Nay
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Not Voting
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Not Voting
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Coto — Yea
Hall — Yea
Davis — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Miller — Yea
Ammiano — Yea
Harkey — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Not Voting
Torlakson — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 0001
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Carter — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Fuller — Yea
Furutani — Yea
Huffman — Yea
Duvall — Yea
Krekorian — Yea
Smyth — Yea
Swanson — Yea
Buchanan — Not Voting
Skinner — Yea
Torrico — Yea
Fuentes — Yea
Fong, Mike Democratic Not Voting

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1318 do?
(1) Under existing law, every air pollution control district or air quality management district governing board, except as specified, is required to establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are required to be banked prior to use to offset future increases in emissions, as provided. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts certain specified projects from its requirements. This bill would require the executive officer of the South Coast Air Quality Management District, upon making a specified finding, to transfer emission reduction credits for certain pollutants from the south coast district's internal emission credit accounts to eligible electrical generating facilities, as described. By imposing these duties on the South Coast Air Quality Management District, the bill would impose a state-mandated local program. The bill would exempt from CEQA certain actions of the district undertaken pursuant to the bill. These provisions would be repealed on January 1, 2012. The bill would require the State Air Resources Board, in consultation with specified agencies, to prepare and submit to the Governor and the Legislature a report that evaluates the electrical system reliability needs of the South Coast Air Basin and recommends the most effective and efficient means of meeting those needs while ensuring compliance with state and federal law. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation. (3) 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.
Who sponsors AB 1318?
AB 1318 is sponsored by Benoit, V. Manuel Perez, Ducheny, and Nestande.
What is the current status of AB 1318?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1318?
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