§ 38594. — (Amended (as added by Stats. 2017, Ch. 135, Sec. 13) by Stats. 2025, Ch. 117, Sec. 12.)

California § 38594.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 25.5.: DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006
• Part 7.: PART 7. Miscellaneous Provisions

Text

(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 adopt or implement an emission reduction rule for carbon dioxide from stationary sources that are also subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562.
(c)
Nothing in this section affects in any manner the authority of a district to adopt or implement, as applicable, any of the following:
(1)
A rule, regulation, standard, or requirement authorized or required for a district to adopt under Division 26 (commencing
with Section 39000) for purposes other than to reduce carbon dioxide from sources subject to a market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562.
(2)
A rule, regulation, standard, or requirement authorized pursuant to a law affecting emissions associated with landfills, refrigerants, natural gas or methane, volatile organic compounds, or a rule required to comply with the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or regulations implementing that act.
(3)
A rule, regulation, standard, or requirement authorized pursuant to a law to reduce vehicle trips, vehicle miles traveled, parking, or vehicular air emissions, including, but not limited to, a rule adopted pursuant to Chapter 728 of the Statutes of 2008.
(4)
A rule, regulation, standard, or requirement
established pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(5)
A rule, regulation, standard, or requirement adopted by any state agency.
(d)
This section shall become inoperative if the state board repeals the market-based compliance mechanism adopted by the state board pursuant to subdivision (c) of Section 38562. The state board shall notify the Secretary of State if this section becomes inoperative.
(e)
This section shall remain in effect only until January 1, 2046, and as of that date is repealed.

Legislative History

Amended (as amended by Stats. 2017, Ch. 135, Sec. 12) by Stats. 2025, Ch. 117, Sec. 11. (AB 1207) Effective September 19, 2025. Conditionally inoperative by its own provisions. Repealed as of January 1, 2046, by its own provisions. See later operative version amended by Sec. 12 of Stats. 2025, Ch. 117.