California 2009-2010 Regular Session Status: In Committee

AB 1305 — Air pollution: imported electricity: mitigation fee.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law designates air pollution control districts and air quality management districts as having the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law also designates the State Air Resources Board as the state entity responsible for the coordination and review of all levels of government in their efforts to control air pollution. This bill would require any person that imports certain electricity into the state, or causes that electricity to be imported into the state, to pay up to a $0.001 per kilowatthour air contaminant emission electricity generation mitigation fee for that electricity, but not to exceed the cost of mitigation, as determined by the state board. The bill would impose the fee only if the electricity is produced by an electrical generating facility, as defined, that is located within an air basin shared by a district and Mexico and located in Mexico within 100 kilometers of the United States' border, if construction of the electrical generating facility was completed after January 1, 2010, the facility provides incremental generating capacity that was not in operation prior to January 1, 2010, and if the electrical generating facility was not constructed to meet all existing California air pollution regulations and standards, including, but not limited to, best available control technology (BACT) and any offsets that would be required under California law to mitigate any additional pollution. The bill would establish the Imported Electricity Air Pollution Mitigation Subaccount in the Air Pollution Control Fund, and would require the mitigation fees to be deposited in that subaccount. The bill would make the moneys deposited in the subaccount available to the state board, upon appropriation by the Legislature, for distribution to each district in the state that the state board determines is directly impacted by emissions of air contaminants from those electrical generating facilities. The bill would require each district receiving those revenues to fund projects within its jurisdiction to mitigate the environmental or health impacts of electricity generation facilities.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

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

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

  5. From committee: Do pass, and re-refer to Com. on U. & C. Re-referred. (Ayes 6. Noes 3.) (April 20).

  6. In committee: Hearing postponed by committee.

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

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

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

  10. Read first time.

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

  12. Introduced. To print.

Sponsors

  • V. Manuel Perez · Primary
  • Salas · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • V. Manuel Perez

Co-sponsors (1)

  • Salas

Not signed on (120)

120 members have not signed on to this bill.

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"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.

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Frequently asked questions

What does AB 1305 do?
Existing law designates air pollution control districts and air quality management districts as having the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law also designates the State Air Resources Board as the state entity responsible for the coordination and review of all levels of government in their efforts to control air pollution. This bill would require any person that imports certain electricity into the state, or causes that electricity to be imported into the state, to pay up to a $0.001 per kilowatthour air contaminant emission electricity generation mitigation fee for that electricity, but not to exceed the cost of mitigation, as determined by the state board. The bill would impose the fee only if the electricity is produced by an electrical generating facility, as defined, that is located within an air basin shared by a district and Mexico and located in Mexico within 100 kilometers of the United States' border, if construction of the electrical generating facility was completed after January 1, 2010, the facility provides incremental generating capacity that was not in operation prior to January 1, 2010, and if the electrical generating facility was not constructed to meet all existing California air pollution regulations and standards, including, but not limited to, best available control technology (BACT) and any offsets that would be required under California law to mitigate any additional pollution. The bill would establish the Imported Electricity Air Pollution Mitigation Subaccount in the Air Pollution Control Fund, and would require the mitigation fees to be deposited in that subaccount. The bill would make the moneys deposited in the subaccount available to the state board, upon appropriation by the Legislature, for distribution to each district in the state that the state board determines is directly impacted by emissions of air contaminants from those electrical generating facilities. The bill would require each district receiving those revenues to fund projects within its jurisdiction to mitigate the environmental or health impacts of electricity generation facilities.
Who sponsors AB 1305?
AB 1305 is sponsored by V. Manuel Perez and Salas.
What is the current status of AB 1305?
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 AB 1305?
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