California 2009-2010 Regular Session Status: Passed Senate

SB 388 — South Coast Air Quality Management District: emission reduction credits: California Environmental Quality Act.

Last action — From committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, every air pollution control district or air quality management district in a federal nonattainment area for any national ambient air quality standard is required to establish by regulation, a system by which all reductions in emissions of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are banked prior to use. The South Coast Air Quality Management District promulgated various rules establishing offset exemptions, providing Priority Reserve offset credits, and creating or tracking credits used for offset exemption or Priority Reserve projects. In Natural Resources Defense Council v. South Coast Air Quality Management District (Super. Ct. Los Angeles County, 2007, No. BS 110792) , the superior court found the promulgation of certain of these district rules to be in violation of the California Environmental Quality Act (CEQA) . 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. The bill would exempt those actions from CEQA. By imposing these duties on the South Coast Air Quality Management District, the bill would impose a state-mandated local program. These provisions would be repealed on January 1, 2013. (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. From committee without further action.

  2. Re-referred to Com. on RLS.

  3. In Senate.

  4. Read third time. Passed. (Ayes 44. Noes 16. Page 3409.) To Senate.

  5. Amended.

  6. Read second time.

  7. (Heard in committee on September 11.)

  8. From committee: Do pass as amended. (Ayes 9. Noes 2.)

  9. Joint Rule 62(a) file notice suspended. (Page 3381.)

  10. Re-referred to Com. On U. & C. pursuant to Assembly Rule 77.2.

  11. Read third time. Amended. (Ayes 43. Noes 28. Page 3042.)

  12. From inactive file to third reading file.

  13. Notice of motion to remove from inactive file given by Assembly Member Torrico.

  14. Placed on inactive file on request of Assembly Member Torrico.

  15. Read second time. To third reading.

  16. Placed on second reading file.

  17. Withdrawn from committee.

  18. Read second time. Amended. Re-referred to Com. on APPR.

  19. (Heard in committee on July 7.)

  20. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 1.)

  21. (Corrected July 6.)

  22. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HIGHER ED.

  23. To Com. on HIGHER ED.

  24. In Assembly. Read first time. Held at Desk.

  25. Read third time. Passed. (Ayes 31. Noes 5. Page 895.) To Assembly.

  26. Read second time. To third reading.

  27. Placed on second reading file.

  28. Withdrawn from committee.

  29. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 9. Noes 0. Page 807.) Re-referred to Com. on JUD.

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on ED.

  31. Set for hearing May 6.

  32. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on ED.

  33. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on ED.

  34. Set, first hearing. Hearing canceled at the request of author.

  35. Set for hearing April 22.

  36. Re-referred to Coms. on ED. and JUD.

  37. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  38. To Com. on RLS.

  39. From print. May be acted upon on or after March 28.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Calderon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

SB 388 Calderon Senate Third Reading By CALDERON

Passed 49 Yea · 17 Nay · 25 Other
Party YeaNayPresentNot Voting
Unaffiliated 4616023
Democratic 1101
Republican 2001
Total 4917025
% of votes cast 54%19%0%27%
How each member voted (91)
Member Party Vote
Cook — Yea
Fuller — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Portantino — Yea
Audra — Yea
Blakeslee — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Carter — Not Voting
Chesbro — Nay
Evans — Not Voting
Yamada — Not Voting
Bonnie — Nay
Lowenthal — Nay
Feuer — Nay
Furutani — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
Fong — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Salas — Not Voting
Saldana — Not Voting
Hayashi — Nay
Hill — Nay
Huffman — Nay
Krekorian — Not Voting
Monning — Nay
Ammiano — Nay
Bass — Yea
Beall — Nay
Block — Not Voting
Skinner — Nay
Swanson — Yea
Torres — Not Voting
Torrico — Not Voting
Villines — Yea
Adams — Yea
Anderson — Yea
Blumenfield — Nay
Bradford — Not Voting
Brownley — Nay
Buchanan — Nay
Hernandez — Yea
Knight — Yea
Logue — Yea
Ma — Nay
Nava — Not Voting
Nielsen — Yea
Ruskin — Nay
Torlakson — Yea
Tran — Yea
Conway — Yea
Emmerson — Yea
Eng — Not Voting
Davis — Yea
DeVore — Yea
Fuentes — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10204
Total 10204
% of votes cast 63%13%0%25%
How each member voted (16)
Member Party Vote
Carter — Yea
Fuller — Yea
Furutani — Yea
Tom — Yea
Fletcher — Yea
Fong — Not Voting
Smyth — Yea
Swanson — Yea
Buchanan — Not Voting
Huffman — Nay
Krekorian — Not Voting
Skinner — Nay
Torrico — Not Voting
Villines — Yea
Fuentes — Yea
Bill Berryhill — Yea

Official roll call →

SB 388 Calderon Senate Third Reading Amend By FURUTANI Set #1

Passed 50 Yea · 30 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 4628011
Republican 1200
Democratic 3000
Total 5030011
% of votes cast 55%33%0%12%
How each member voted (91)
Member Party Vote
Hagman — Nay
Hall — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Cook — Nay
Bill — Nay
Fuller — Nay
Galgiani — Not Voting
Yamada — Yea
Fletcher — Nay
Audra — Nay
Tom — Not Voting
Garrick — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
Duvall — Nay
Gilmore — Nay
Harkey — Nay
Ammiano — Not Voting
Anderson — Nay
Blakeslee — Nay
Knight — Nay
Miller — Nay
Nestande — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
A. — Yea
Carter — Yea
Eng — Yea
Fuentes — Yea
Hernandez — Yea
Hill — Yea
Chesbro — Yea
Huber — Yea
Charles — Yea
Mendoza — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
Monning — Yea
Nava — Yea
Adams — Nay
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Not Voting
Lieu — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Tran — Nay
Conway — Nay
Emmerson — Nay
Coto — Yea
Feuer — Yea
Evans — Not Voting
Davis — Not Voting
DeVore — Nay
Furutani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB388 Calderon

Passed 32 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 28503
Democratic 3000
Republican 1000
Total 32503
% of votes cast 80%13%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Florez — Yea
Hancock — Yea
Corbett — Yea
Huff — Yea
Leno — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Benoit — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Wyland — Yea
Ducheny — Not Voting
Dutton — Not Voting
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Yea
Hollingsworth — Nay
Kehoe — Yea
Maldonado — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Cedillo — Not Voting
Cogdill — Yea
Correa — Nay
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 388 do?
(1) Under existing law, every air pollution control district or air quality management district in a federal nonattainment area for any national ambient air quality standard is required to establish by regulation, a system by which all reductions in emissions of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are banked prior to use. The South Coast Air Quality Management District promulgated various rules establishing offset exemptions, providing Priority Reserve offset credits, and creating or tracking credits used for offset exemption or Priority Reserve projects. In Natural Resources Defense Council v. South Coast Air Quality Management District (Super. Ct. Los Angeles County, 2007, No. BS 110792) , the superior court found the promulgation of certain of these district rules to be in violation of the California Environmental Quality Act (CEQA) . 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. The bill would exempt those actions from CEQA. By imposing these duties on the South Coast Air Quality Management District, the bill would impose a state-mandated local program. These provisions would be repealed on January 1, 2013. (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 SB 388?
SB 388 is sponsored by Calderon.
What is the current status of SB 388?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 388?
Track SB 388 free on One Click Politics — get push/email alerts when it moves.

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