Leader Fuller Responds to Reported Illegal Action to Extend Cap-and-Trade Tax Program

Tuesday, July 12, 2016

SACRAMENTO – Today, the California Air Resources Board (ARB) released a draft proposal that sets new emissions caps and extends California’s cap-and-trade tax program beyond its statutorily prescribed expiration date of December 31, 2020. Senate Republican Leader Jean Fuller (R-Bakersfield) issued the following response:

“Not only does today’s reported action represent a continuation of an ill-conceived hidden tax, it is also illegal. The independent legislative counsel concluded months ago that there is no legal authority to extend cap-and-trade beyond 2020 without legislative action. Californians deserve better than a government that acts as if they are above the law.”

In April 2016, the nonpartisan and independent Office of Legislative Counsel issued a 10-page opinion responding to questions relating to the authority of the governor and ARB to set new emissions caps and extend the cap-and-trade tax program without legislative action. They concluded that the Governor and the ARB could not set new emissions caps or extend cap-and-trade beyond 2020 without further authorization from the Legislature. Media can access the opinion from the legislative counsel HERE.