An act to amend Section 39741.4 of, and to add Section 38562.3 to, the Health and Safety Code, relating to greenhouse gases.
Summary
SB 285 would create a new Health and Safety Code section governing how California may count carbon dioxide removal toward net-zero greenhouse gas goals and how reporting entities may use offsets in mandatory emissions reporting. The bill defines “qualified carbon dioxide removal” and limits it to removals that are genuine atmospheric removals, not merely avoided emissions, and that meet specified quality, durability, and feedstock requirements. If biomass is used, it must come from agricultural residues, forestry residues, or municipal organic waste, and the removal process may not be used for enhanced oil recovery.
The bill also requires that the type of carbon sequestration match the type and longevity of the emissions being counterbalanced. For example, fossil-fuel carbon dioxide would have to be counterbalanced only by durable carbon dioxide removal, while shorter-lived emissions could be matched with removals of comparable duration. Reporting entities would have to disclose emissions and the qualified removals used to counterbalance them as separate figures with enough detail to show compliance. In addition, SB 285 would make the State Air Resources Board’s authority to adopt protocols for additional methods of utilization or storage of captured or removed carbon dioxide permanent, rather than time-limited.
Impact
SB 285 would add a new statutory framework in the Health and Safety Code for determining what counts as acceptable carbon dioxide removal for state net-zero accounting and for emissions reporting under the Climate Corporate Data Accountability Act. It would narrow the kinds of removals that can be used to offset or counterbalance emissions in official state climate accounting, while expressly preserving existing market-based offset credits and voluntary carbon offset programs. The bill would also expand and make indefinite the Air Resources Board’s authority to adopt protocols for captured or removed carbon dioxide, affecting future regulatory development around carbon capture, removal, utilization, and storage.
Sentiment
The bill appears to have generally favorable committee support, advancing 6-2 in the Senate Appropriations Committee before being placed on suspense. Its findings frame the measure as a scientific-integrity and climate-accounting bill that supports California’s net-zero goals while distinguishing true carbon removal from emissions avoidance. The available vote history suggests the proposal was viable enough to move forward, though not unanimously supported.
Contention
The main point of contention is likely the bill’s restrictive definition of acceptable carbon dioxide removal. By limiting eligible removals to certain feedstocks and requiring durable or duration-matched sequestration, the bill could be seen as tightening compliance options for emitters and offset providers, especially those relying on broader carbon offset or carbon capture approaches. Another likely issue is the bill’s distinction between carbon removal and carbon capture/utilization/storage: supporters view that distinction as necessary for scientific integrity, while opponents may argue it constrains flexibility or complicates implementation for industry and reporting entities. The 6-2 committee vote indicates some opposition, but no committee transcript is available to identify specific arguments or authors of dissent.
Codifies finding that greenhouse gas emissions contribute to climate change and endanger public health, safety, welfare, and environment; amends "Air Pollution Control Act (1954)" to define greenhouse gases as air pollutants subject to regulation.