BILL NUMBER: AB 1405 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2010
PASSED THE ASSEMBLY AUGUST 31, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 28, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Members De Leon and V. Manuel Perez
(Coauthors: Assembly Members Arambula, Caballero, Carter, Coto,
Fuentes, Hernandez, Mendoza, Salas, Saldana, and Solorio)
(Coauthors: Senators Pavley, Price, and Romero)
FEBRUARY 27, 2009
An act to add Part 5 (commencing with Section 71420) to Division
34 of the Public Resources Code, relating to climate change.
LEGISLATIVE COUNSEL'S DIGEST
AB 1405, De Leon. California Global Warming Solutions Act of 2006:
California Climate Change Community Benefits Fund.
The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program, and requires the state board to adopt a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020. The act requires the
state board to adopt rules and regulations in an open public process
to achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions. The act authorizes the state
board to include the use of market-based compliance mechanisms. The
act authorizes the state board to adopt a schedule of fees to be paid
by the sources of greenhouse gas emissions regulated pursuant to the
act, and requires the revenues collected pursuant to that fee to be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for purposes of carrying out the
act.
This bill would establish the California Climate Change Community
Benefits Fund, and would require a minimum of 10% of revenues
generated for the state each year from the state sale of compliance
instruments for market-based compliance mechanisms pursuant to the
act, other than revenues collected for administrative purposes, to be
deposited into that fund. The moneys in the fund would be used, upon
appropriation by the Legislature, in the most impacted and
disadvantaged communities, as defined, to fund programs or projects
that reduce greenhouse gas emissions or mitigate direct health, or
environmental, impacts of climate change through competitive grants,
loans, or other funding mechanisms. The Secretary for Environmental
Protection would be required to administer moneys appropriated from
the fund and would be required to establish criteria and procedures,
and meet other requirements in connection with implementation, as
provided.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 5 (commencing with Section 71420) is added to
Division 34 of the Public Resources Code, to read:
PART 5. CALIFORNIA CLIMATE CHANGE COMMUNITY BENEFITS FUND
71420. It is the intent of the Legislature that:
(a) Investments made pursuant to this part include, to the
greatest extent possible, green collar employment opportunities for
low-income residents in the most impacted and disadvantaged
communities.
(b) The evaluation criteria for air pollution exposure consider,
at a minimum, criteria and toxic air pollutant levels, proximity to
sources of air pollution, and sensitive populations.
(c) The evaluation criteria for socioeconomic vulnerability
consider, to the extent feasible, multiple indicators, including, but
not limited to, poverty level, percent home ownership, unemployment
level, and educational attainment.
71421. As used in this part, "most impacted and disadvantaged
communities" means either those areas having the highest 10 percent
air pollution exposure and socioeconomic vulnerability within an air
basin that does not meet one or more national or state ambient air
quality standards, or those areas having the highest 10 percent
socioeconomic vulnerability to direct health, or environmental,
impacts of climate change.
71422. (a) There is established in the State Treasury the
California Climate Change Community Benefits Fund. A minimum of 10
percent of revenues generated for the state each year from the state
sale of compliance instruments for market-based compliance mechanisms
pursuant to Section 38570 of the Health and Safety Code, other than
revenues collected for administrative purposes, shall be deposited
into the California Climate Change Community Benefits Fund. The
moneys in the fund shall be used, upon appropriation by the
Legislature, for the purposes described in this part.
(b) Moneys in the California Climate Change Community Benefits
Fund shall be used solely in the most impacted and disadvantaged
communities.
(c) Notwithstanding Section 16475 of the Government Code, any
interest earned on moneys in the California Climate Change Community
Benefits Fund shall be deposited in the California Climate Change
Community Benefits Fund for expenditure pursuant to this part.
(d) Up to 5 percent of the moneys in the California Climate Change
Community Benefits Fund may be used for purposes of administering
this part, upon appropriation by the Legislature.
(e) To the extent that funds are provided to existing programs,
those funds shall be used to supplement, not supplant, those programs
to meet the goals of this part.
71423. (a) The Secretary for Environmental Protection shall
administer moneys appropriated from the California Climate Change
Community Benefits Fund and shall establish criteria and procedures
for the implementation of this part. The secretary shall implement
the program created pursuant to this part no later than six months
after a market-based compliance mechanism, as described in Section
38570 of the Health and Safety Code, becomes operative.
(b) Moneys in the California Climate Change Community Benefits
Fund shall be used to fund programs or projects that reduce
greenhouse gas emissions or mitigate direct health, or environmental,
impacts of climate change, through competitive grants, loans, or
other funding mechanisms. Moneys may be appropriated for green collar
employment opportunities for the most impacted and disadvantaged
communities.
(c) (1) The Secretary for Environmental Protection, in
consultation with the Climate Action Team, shall use a geographic
information system-based method, to the extent feasible, to identify
the most impacted and disadvantaged communities that qualify for
funding using census block or tract level data, to the extent
reasonably available.
(2) The identification of the most impacted and disadvantaged
communities shall be done through an open and public process, no
later than six months after a market-based compliance mechanism, as
described in Section 38570 of the Health and Safety Code, becomes
operative.
(3) The identification of the most impacted and disadvantaged
communities may be modified periodically in an open and public
process.
(4) The scientific basis for the identification of the most
impacted and disadvantaged communities shall be subject to peer
review pursuant to Section 57004 of the Health and Safety Code.
71424. (a) The Secretary for Environmental Protection, following
an open and public process, shall develop and adopt a report that
describes the support structure and framework for the implementation
of this part, the types of programs and projects to be funded under
this part, the selection and oversight process for the projects and
programs to be funded, and the eligibility criteria. The report shall
be made available to the public on the California Environmental
Protection Agency's Internet Web site.
(b) No later than six months after a market-based compliance
mechanism, as described in Section 38570 of the Health and Safety
Code, becomes operative, and every two years thereafter, the
Secretary for Environmental Protection, in consultation with the
Climate Action Team, in an open process, shall develop and adopt
biennial plans describing the specific type of programs and projects
to be solicited for funding during the two-year period. The report
shall be made available to the public on the California Environmental
Protection Agency's Internet Web site.
(c) The Secretary for Environmental Protection shall convene a
review panel to make recommendations and review the development of
policies, plans, and programs as they relate to this part.
(d) To the extent practical, existing support structures,
frameworks, and programs shall be used to implement this part.