Part 5. Market-based Compliance Mechanisms of California Health And Safety Code >> Division 25.5. >> Part 5.
(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.
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).
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.