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Assemblymember Erwin’s AB 1207 would reauthorize and rename California’s cap-and-trade program as “Cap and Invest” through 2045
Summary
Assemblymember Christy Erwin introduced AB 1207, a bill to reauthorize California’s cap‑and‑trade program through 2045 and rename it “Cap and Invest,” proposing changes to rebates, offsets, allowance allocation and CARB oversight.
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Assemblymember Christy Erwin introduced AB 1207, a bill to reauthorize and update California’s cap‑and‑trade program through 2045 and to rename it the “Cap and Invest” program.
Erwin said AB 1207 "reauthorizes California's cap and trade program, one of the strongest, most cost‑effective emissions‑reduction programs in the world," and described changes intended to align the program with the state's net‑zero by 2045 goal and to move some climate rebate mechanics from natural‑gas billing toward electric billing.
The bill would: reauthorize the program through 2045; rename it Cap and Invest; redirect value formerly applied as a residential natural‑gas climate credit toward an increased electric climate credit (with a larger distribution during highest‑bill months); require CARB (the California Air Resources Board) to increase transparency and appear before the Legislature during regulatory updates; preserve a 6% limit on offset usage and place offsets under the program’s cap; and establish an annual legislative oversight hearing on how greenhouse‑gas reduction funds are spent.
Nut graf: Supporters—including the Environmental Defense Fund and Coalition for Clean Air—told the committee the bill balances continued emissions reductions, revenue for climate and community programs, and cost containment. Opponents, led by the California Chamber of Commerce and environmental justice groups, said the bill risks worsening household energy affordability by shifting value away from natural‑gas credits, and questioned whether the reauthorization process and timeline gave adequate stakeholder input.
Supporters’ view Caitlin Rodner Sutter, California director for Environmental Defense Fund and an Assembly appointee to the Independent Emissions Market Advisory Committee, testified in support and described the bill as necessary to provide certainty for emissions reductions, business investment and program revenue. "This bill is a compromise. No one loves all of it, but it is a good compromise," Rodner Sutter said. She said the bill preserves free allocation of allowances to prevent leakage while enabling CARB to tailor allocations to economic conditions and transitions allocations from gas utilities to electric utilities to support household electrification affordability.
Bill McGavin of the Coalition for Clean Air also supported AB 1207, saying the program "is one of a suite of programs that California has to bring down greenhouse gas emissions" and that the bill sets the program on a track to meet the state’s 2045 net‑zero goal while funding investments aimed at affordability and clean transportation.
Opposition and concerns Ben Glennbeck of the California Chamber of Commerce registered opposition unless amended, arguing the bill "would worsen the affordability crisis by shifting allowance value from gas utilities to electric utilities," and that the change could be regressive for low‑income households and renters who rely on natural gas for heating and cooking.
Raquel Mason of the California Environmental Justice Alliance and other EJ witnesses said they were in respectful opposition, arguing cap‑and‑trade lets some polluters purchase compliance rather than reduce on‑site pollution and that affected frontline communities have not seen sufficient local air quality improvements from the program. EJ witnesses urged continued work next year to strengthen community air protections and direct funds to on‑the‑ground pollution reductions.
Committee discussion and implementation details Several senators expressed frustration with the speed and process used to produce bill language late in the session and urged follow‑up work next year. Members asked how the electric climate credit would reach customers served by municipal utilities (munis) and whether munis would be required to display the credit on the front page of customer bills as IOUs do; the author stated the intent was parity across IOUs and munis and that legislative or regulatory follow‑up could clarify the requirement and enforcement.
On offsets and allowances, the author and witnesses said AB 1207 preserves offsets but would place them under the cap and requires CARB to update offset protocols, while keeping a 6% offset usage limit. The bill restores an allocation approach that weighs industry leakage risk (the risk of industry leaving the state) rather than a one‑size‑fits‑all allocation formula adopted after 2017.
A key accountability change in AB 1207 is a requirement that CARB’s chair appear before the Legislature for up to three hearings during regulatory updates and a new annual oversight hearing on how greenhouse‑gas reduction funds are spent; the bill also requires economic impact analyses accompany regulatory proposals.
Votes at a glance A motion that AB 1207 "due pass" was called and a roll was taken. Recorded votes in the committee were: - Aye: Senator Blake Spear; Senator Gonzales; Senator Menjivar; Senator Perez; Senator Reyes (5) - No: Senator Veladares (1) The tabulated result in committee was 5‑1 in favor; the committee left the measure on call during the hearing and recorded the 5‑1 tally.
Ending: Next steps and oversight Supporters urged expedited legislative action to provide market certainty and protect auction revenues that fund programs; opponents pushed for further amendments next year. Multiple senators urged more transparency and legislative oversight as CARB implements program changes and called for continuing the stakeholder process into the next session to refine affordability and community protections.
