BILL NUMBER: SB 1006 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY JUNE 21, 2010
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Pavley
FEBRUARY 10, 2010
An act to amend Sections 75120, 75125, and
Section 75129 of the Public Resources Code, relating to
natural resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1006, as amended, Pavley. Natural resources: climate change:
Strategic Growth Council.
Existing law requires the Strategic Growth Council to take certain
actions with regard to coordinating programs of member state
agencies to improve air and water quality, improve natural resource
protection, increase the availability of affordable housing, improve
transportation, meet the goals of the California Global Warming
Solutions Act of 2006, encourage sustainable land use planning, and
revitalize urban and community centers in a sustainable manner.
Existing law defines certain terms for the purposes of the Strategic
Growth Council.
This bill would require the council to take certain actions with
regard to coordinating programs to address climate change impacts.
The bill would require the council additionally to provide, fund, and
distribute information to local governments and regional agencies
regarding climate change adaptation strategies, projects, or
activities, as described. The bill would also define "financial
assistance" for purposes of the council.
Existing law requires the council, to support the planning and
development of sustainable communities, to manage and award financial
assistance to a city, county, or nonprofit organization , and
other entities, for the preparation, planning, and
implementation of a specified urban greening
project projects and the creation of urban
greening plans, as specified .
This bill would, instead, require the council to manage and award
financial assistance revolving loans or
grants to a city, county, special district, nonprofit
organization, or entity formed under a joint powers agreement. The
bill would provide require that
financial assistance shall these revolving
loans or grants be awarded for those specified
activities urban greening plans and projects .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 75120 of the Public
Resources Code is amended to read:
75120. For purposes of this chapter, the following definitions
shall apply:
(a) "Council" means the Strategic Growth Council established
pursuant to Section 75121.
(b) "Financial assistance" means any of the following:
(1) A revolving loan.
(2) A grant, only if the applicant lacks the fiscal capacity to
carry out the project without a grant in accordance with criteria
developed pursuant to paragraph (2) of subdivision (d) of Section
75125.
(3) For purposes of Section 75128, planning incentives as provided
pursuant to subdivision (c) of Section 75065.
(c) "Regional plan" means either of the following:
(1) A long-range transportation plan developed pursuant to Section
134(g) of Title 23 of the United States Code and any applicable
state requirements.
(2) A regional blueprint plan, which is a regional plan that
implements statutory requirements intended to foster comprehensive
planning as defined in Section 65041.1 of, Chapter 2.5 (commencing
with Section 65080) of Division 1 of Title 7 of, and Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7
of, the Government Code. A regional blueprint plan articulates
regional consensus and performance outcomes on a more efficient land
use pattern that supports improved mobility and reduces dependency on
single-occupancy vehicle trips; accommodates an adequate supply of
housing for all income levels; reduces impacts on valuable farmland,
natural resources, and air quality, including the reduction of
greenhouse gas emissions, increases water and energy conservation and
efficiency; and promotes a prosperous economy and safe, healthy,
sustainable, and vibrant neighborhoods.
SEC. 2. Section 75125 of the Public Resources
Code is amended to read:
75125. The council shall do all of the following:
(a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), address climate change impacts, encourage sustainable
land use planning, and revitalize urban and community centers in a
sustainable manner. At a minimum, the council shall review and
comment on the five-year infrastructure plan developed pursuant to
Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of
Division 3 of the Government Code and the State Environmental Goals
and Policy Report developed pursuant to Section 65041 of the
Government Code.
(b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, consistent with
subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities, including information regarding
climate change adaptation strategies, projects, or activities that do
all of the following:
(1) Protect, conserve, restore, or enhance natural ecosystem
functions.
(2) Use effective approaches to protect communities from the
impacts of climate change, including practices that utilize, enhance,
or mimic natural processes and functions.
(3) Avoid or minimize, or both, environmental degradation and
emission of greenhouse gases.
(d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
(1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant
to this article.
(5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
(e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded
project.
(6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.
SEC. 3. SEC. 2. Section 75129 of the
Public Resources Code is amended to read:
75129. (a) To support the planning and development of sustainable
communities, the council shall manage and award financial assistance
to a city, county, special district, nonprofit organization, or
entity formed pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of the Government Code, if at least one of the parties to
the joint powers agreement qualifies as an eligible
applicant. Financial assistance shall be awarded
applicant, for the preparation, planning, and implementation of
an urban greening project that provides multiple benefits,
including, but not limited to, a decrease in air and water pollution,
a reduction in the consumption of natural resources and energy, an
increase in the reliability of local water supplies, or an increased
adaptability to climate change. An eligible project funded pursuant
to this section shall not include a mitigation action that is
required under existing law. The financial assistance provided
pursuant to this section shall be funded from moneys made available
pursuant to subdivision (a) of Section 75065.
(b) The council shall develop minimum requirements for funding
eligible projects pursuant to this section, which shall require a
project to meet at least one of the following criteria:
(1) Use natural systems, or systems that mimic natural systems, to
achieve the benefits identified in subdivision (a).
(2) Create, enhance, or expand community green spaces.
(c) The multiple benefits of a project, may include, but are not
limited to, the establishment or enhancement of one or more of the
following:
(1) Tree canopy.
(2) Urban forestry.
(3) Local parks and open space.
(4) Greening of existing public lands and structures, including
schools.
(5) Multi-objective stormwater projects, including construction of
permeable surfaces and collection basins and barriers.
(6) Urban streams, including restoration.
(7) Community, demonstration, or outdoor education gardens and
orchards.
(8) Urban heat island mitigation and energy conservation efforts
through landscaping and green roof projects.
(9) Nonmotorized urban trails that provide safe routes for both
recreation and travel between residences, workplaces, commercial
centers, and schools.
(d) The council shall give additional consideration to a funding
project pursuant to this section that meets one or more of the
following criteria:
(1) The project uses interagency cooperation and integration.
(2) The project uses existing public lands and facilitates use of
public resources and investments including schools.
(3) The project is proposed by an economically disadvantaged
community.
(e) Up to 25 percent of the moneys allocated pursuant to
subdivision (a) of Section 75065 may be used to award
financial assistance revolving loans or grants
to a city, county, special district, nonprofit organization, council
of governments, metropolitan planning organization, or entity formed
pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of
the Government Code, if at least one of the parties to the joint
powers agreement qualifies as an eligible applicant.
Financial assistance shall be awarded applicant,
for the purpose of creating urban greening plans that will serve as
the master document guiding and coordinating greening projects in the
applicant's jurisdiction. These urban greening plans shall be
consistent with the jurisdiction's general plan or regional plan,
where one exists.