BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1405| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1405 Author: De Leon (D) Amended: 8/20/10 in Senate Vote: 21 SENATE ENERGY, U.&C. COMMITTEE : 6-5, 7/7/09 AYES: Padilla, Corbett, Kehoe, Lowenthal, Simitian, Wiggins NOES: Benoit, Calderon, Cox, Strickland, Wright SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 7/13/09 AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley NOES: Runner, Ashburn SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 8/25/10 AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley NOES: Runner, Strickland SENATE APPROPRIATIONS COMMITTEE: 8-5, 8/27/09 AYES: Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Wolk, Yee NOES: Cox, Denham, Runner, Walters, Wyland ASSEMBLY FLOOR : 45-30, 6/3/09 - See last page for vote SUBJECT : California Climate Change Community Benefits Fund SOURCE : Center on Race, Poverty and the Environment Coalition for Clean Air Greenlining Institute CONTINUED AB 1405 Page 2 National Association for the Advancement of Colored People DIGEST : This bill (1) creates a California Climate Change Community Benefits Fund in the State Treasury, (2) requires at least 10 percent of the revenues generated from the state sale of compliance instruments for market-based compliance mechanisms" under the California Global Warming Solutions Act of 2006, and (3) requires monies in the Fund to be used solely in the most impacted and disadvantaged communities, specify purposes for use of the funds, and set procedures for determining the most impacted and disadvantaged communities. Senate Floor Amendments of 8/20/10 replace creation of a community benefits fund with a climate change community benefits fund with new requirements for the fund. ANALYSIS : 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 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-base compliance mechanism. 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. Comments According to the author's office, "The direct impacts of climate change will largely affect disadvantaged communities who are already suffering from adverse health CONTINUED AB 1405 Page 3 impacts such as respiratory and cardiac illnesses and episodes of extreme heat waves that have forced many into the emergency room?funds need to be invested in the most impacted and most disadvantaged communities in California to accelerate greenhouse gas emission reductions and mitigate direct health impacts of climate change." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/23/10) Center on Race, Poverty and the Environment (co-source) Coalition for Clean Air (co-source) Greenlining Institute (co-source) National Association for the Advancement of Colored People (co-source) Diocese of Stockton Ella Baker Center for Human Rights Environmental Defense Fund Central Valley Air Quality Coalition Global Air Quality Committee Sierra Club Association for Irritated Residents American Lung Association Breathe California Central valley Air Quality Coalition COFEM Community Resources Project, Inc. Planning and Conservation League Union of Concerned Scientist OPPOSITION : (Verified 8/23/10) Amcor PET Packaging N.A. California Chamber of Commerce California Council for Environmental and Economic Balance California Forestry Association California Grocers Association California Independent Petroleum Association California League of Food Processors California Manufacturers and Technology Association California Tax Payers Association Del Monte Foods CONTINUED AB 1405 Page 4 Industrial Environment Association Pacific Gas and Electric Company Stop Hidden Taxes Coalition Western States Petroleum Association ASSEMBLY FLOOR : AYES: Ammiano, Arambula, Beall, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Feuer, Fong, Fuentes, Furutani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V. Manuel Perez, Price, Ruskin, Salas, Saldana, Skinner, Solorio, Swanson, Torlakson, Torres, Torrico, Bass NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines NO VOTE RECORDED: Block, Evans, Galgiani, Portantino, Yamada TSM:do 8/27/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED