BILL NUMBER: AB 26	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonilla

                        DECEMBER 3, 2012

   An act to amend  Section 16428.8 of the Government Code
   Sections 39712 and 39716 of, and to add Section 39714
to, the Health and Safety Code  , relating to  climate
change.   greenhouse gases. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 26, as amended, Bonilla. California Global Warming Solutions
Act of 2006: Greenhouse Gas Reduction Fund.
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board from the auction or
sale of allowances as part of a market-based compliance mechanism to
be deposited in the Greenhouse Gas Reduction Fund and to be
available upon appropriation by the Legislature. Existing law
 authorizes the Controller to use moneys in the fund for cash
flow loans to the General Fund, as prescribed  
requires the Department of Finance, in consultation with the state
board and any other relevant state agency, to develop, as specified,
a 3-year investment plan for the moneys deposited in the Greenhouse
Gas Reduction Fund  .
   This bill would  prohibit the Controller from using moneys
in the fund for cash flow loans to the General Fund.  
require the 3-year investment plan to allocate moneys consistent with
additional statewide goals, as specified. The bill would require
projects involving construction, alteration, demolition,
installation, repair, and maintena   nce work paid for in
whole or in part from the Greenhouse Gas Reduction Fund to be
considered public works as defined. The bill would authorize moneys
from the Greenhouse Gas Reduction Fund be made available to the 
 owner or operator of a refinery to perform maintenance work to
reduce greenhouse gas emissions if all maintenance work at the
refinery related to reducing greenhouse gas emissions that falls
within an apprenticeable occupation, as defined, will be performed by
skilled journeypersons, as defined, and registered apprentices, as
defined.  
   This bill would require the Chief of the Division of
Apprenticeship Standards to approve, no later than January 1, 2016, a
curriculum for an apprenticeship program in advanced safety training
in performing work processes to reduce greenhouse gas emissions, as
defined, and would require the chief, in consultation with the
California Emergency Management Agency and the Division of
Occupational Safety and Health, to periodically revise the curriculum
to reflect current best practices. The bill would require an
approved apprenticeship program or community college to issue a
certificate to a worker who completes the approved curriculum. The
bill would prohibit employers from being required to pay for the
costs of the training or to pay wages to workers for the time spent
in the training unless the employer has agreed to do so. 
   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 39712 of the   Health
and Safety Code   is amended to read: 
   39712.  (a) (1) It is the intent of the Legislature that moneys
shall be appropriated from the fund only in a manner consistent with
the requirements of this part and Article 9.7 (commencing with
Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of
the Government Code.
   (2) The state shall not approve allocations for a measure or
program using moneys appropriated from the fund except after
determining, based on the available evidence, that the use of those
moneys furthers the regulatory purposes of Division 25.5 (commencing
with Section 38500) and is consistent with law. If any expenditure of
moneys from the fund for any measure or project is determined by a
court to be inconsistent with law, the allocations for the remaining
measures or projects shall be severable and shall not be affected.
   (b) Moneys shall be used to facilitate the achievement of
reductions of greenhouse gas emissions in this state consistent with
 this division   Division 25.5  and, where
applicable and to the extent feasible:
   (1) Maximize economic, environmental, and public health benefits
to the state.
   (2) Foster job creation by promoting in-state greenhouse gas
emissions reduction projects carried out by California workers and
businesses.
   (3) Complement efforts to improve air quality.
   (4) Direct investment toward the most disadvantaged communities
and households in the state.
   (5) Provide opportunities for businesses, public agencies,
nonprofits, and other community institutions to participate in and
benefit from statewide efforts to reduce greenhouse gas emissions.
   (6) Lessen the impacts and effects of climate change on the state'
s communities, economy, and environment. 
   (7) Transition the state's workforce away from carbon intensive
project job skills to greenhouse gas emissions reducing project job
skills.  
   (8) Reinvest on a regional basis to meet economic needs resulting
from climate change policy. 
   (c) Moneys appropriated from the fund may be allocated, consistent
with subdivision (a), for the purpose of reducing greenhouse gas
emissions in this state through investments that may include, but are
not limited to, any of the following:
   (1) Funding to reduce greenhouse gas emissions through energy
efficiency, clean and renewable energy generation, distributed
renewable energy generation, transmission and storage, and other
related actions, including, but not limited to, at public
universities, state and local public buildings, and industrial and
manufacturing facilities.
   (2) Funding to reduce greenhouse gas emissions through the
development of state-of-the-art systems to move goods and freight,
advanced technology vehicles and vehicle infrastructure, advanced
biofuels, and low-carbon and efficient public transportation.
   (3) Funding to reduce greenhouse gas emissions associated with
water use and supply, land and natural resource conservation and
management, forestry, and sustainable agriculture.
   (4) Funding to reduce greenhouse gas emissions through strategic
planning and development of sustainable infrastructure projects,
including, but not limited to, transportation and housing.
   (5) Funding to reduce greenhouse gas emissions through increased
in-state diversion of municipal solid waste from disposal through
waste reduction, diversion, and reuse.
   (6) Funding to reduce greenhouse gas emissions through investments
in programs implemented by local and regional agencies, local and
regional collaboratives, and nonprofit organizations coordinating
with local governments.
   (7) Funding in research, development, and deployment of innovative
technologies, measures, and practices related to programs and
projects funded pursuant to this part. 
   (8) Funding for apprenticeship and job training programs
associated with greenhouse gas emissions reduction technologies.

   SEC. 2.    Section 39714 is added to the  
Health and Safety Code   , to read:  
   39714.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Apprenticeable occupation" means an occupation for which the
Chief of the Division of Apprenticeship Standards has approved an
apprenticeship program pursuant to Section 3075 of the Labor Code.
   (2) "Approved advanced safety training in performing work
processes to reduce greenhouse gas emissions" means a curriculum of
in-person classroom and laboratory instruction approved by the Chief
of the Division of Apprenticeship Standards in consultation with the
California Emergency Management Agency and the Division of
Occupational Safety and Health.
   (3) "Registered apprentice" means an apprentice registered in an
apprenticeship program approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
who is performing work covered by the standards of that
apprenticeship program and receiving the supervision required by the
standards of that apprenticeship program.
   (4) "Skilled journeyperson" means a worker who meets all of the
following:
   (A) The worker accomplished either of the following:
   (i) Graduated from an apprenticeship program for the applicable
occupation that was approved by the Chief of the Division of
Apprenticeship Standards or by the federal Office of Apprenticeship,
or by its predecessor agency.
   (ii) Has at least as many hours of on-the-job experience in the
applicable occupation that would be required to graduate from an
apprenticeship program for the applicable occupation that is approved
by the Chief of the Division of Apprenticeship Standards.
   (B) The worker is being paid at least the prevailing hourly wage
rate for a journeyperson in the applicable occupation and geographic
area.
   (C) The worker has completed within the prior two calendar years
at least 20 hours of approved advanced safety training in performing
work processes to reduce greenhouse gas emissions. This requirement
shall apply only to work performed on or after January 1, 2018.
   (b) Construction, alteration, demolition, installation, repair,
and maintenance work paid for in whole or in part from the fund shall
be considered public works as that term is used in Article 2
(commencing with Section 1770) of Chapter 1 of Part 7 of Division 2
of the Labor Code.
   (c) Moneys from the fund may be made available to the owner or
operator of a refinery to perform maintenance work to reduce
greenhouse gas emissions if all maintenance work at the refinery
related to reducing greenhouse gas emissions that falls within an
apprenticeable occupation will be performed by skilled journeypersons
and registered apprentices.
   (d) Approved advanced safety training in performing work processes
to reduce greenhouse gas emissions may be provided by an
apprenticeship program approved by the Chief of the Division of
Apprenticeship Standards or by the California Community Colleges. No
later than January 1, 2016, the Chief of the Division of
Apprenticeship Standards shall approve a curriculum, and, in
consultation with the California Emergency Management Agency and the
Division of Occupational Safety and Health, shall periodically revise
the curriculum to reflect current best practices. An apprenticeship
program or community college shall issue a certificate to a worker
who completes the approved curriculum. Notwithstanding any other law,
employers shall not be required to pay for the costs of the training
or to pay wages to workers for the time spent in the training unless
the employer has agreed to do so. 
   SEC. 3.    Section 39716 of the   Health and
Safety Code   is amended to read: 
   39716.  (a) The Department of Finance, on behalf of the Governor,
and in consultation with the state board and any other relevant state
entity, shall develop and submit to the Legislature at the time of
the department's adjustments to the proposed 2013-14 fiscal year
budget pursuant to subdivision (e) of Section 13308 of the Government
Code a three-year investment plan. Commencing with the 2016-17
fiscal year budget and every three years thereafter, with the release
of the Governor's budget proposal, the Department of Finance shall
include updates to the investment plan following the public process
described in subdivisions (b) and (c). The investment plan,
consistent with the requirements of Section 39712, shall do all of
the following:
   (1) Identify the state's near-term and long-term greenhouse gas
emissions reduction goals and targets by sector.
   (2) Analyze gaps, where applicable, in current state strategies to
meeting the state's greenhouse gas emissions reduction goals by
sector.
   (3) Identify priority programmatic investments of moneys that will
facilitate the achievement of feasible and cost-effective greenhouse
gas emissions reductions toward achievement of greenhouse gas
reduction goals and targets by sector, consistent with subdivision
(c) of Section 39712. 
   (4) Allocate moneys consistent with statewide goals, including,
but not limited to, those described in Chapter 728 of the Statutes of
2008. 
   (b) (1) The state board shall hold at least two public workshops
in different regions of the state and one public hearing prior to the
Department of Finance submitting the investment plan.
   (2) The state board shall, prior to the submission of each
investment plan, consult with the Public Utilities Commission to
ensure the investment plan is coordinated with, and does not conflict
with or unduly overlap with, activities under the oversight or
administration of the Public Utilities Commission undertaken pursuant
to Part 5 (commencing with Section 38570) of Division 25.5 or other
activities under the oversight or administration of the Public
Utilities Commission that facilitate greenhouse gas emissions
reductions consistent with  this division  
Division 25.5  . The investment plan shall include a description
of the use of any moneys generated by the sale of allowances
received at no cost by the investor-owned utilities pursuant to a
market-based compliance mechanism.
   (c) The Climate Action Team, established under Executive Order
S-3-05, shall provide information to the Department of Finance and
the state board to assist in the development of each investment plan.
The Climate Action Team shall participate in each public workshop
held on an investment plan and provide testimony to the state board
on each investment plan. For purposes of this section, the Secretary
of Labor and Workforce Development shall assist the Climate Action
Team in its efforts. 
  SECTION 1.    Section 16428.8 of the Government
Code is amended to read:
   16428.8.  (a) The Greenhouse Gas Reduction Fund, hereafter
referred to in this article as the fund, is hereby created as a
special fund in the State Treasury.
   (b) Except for fines and penalties, all moneys collected by the
State Air Resources Board from the auction or sale of allowances,
pursuant to a market-based compliance mechanism established pursuant
to Division 25.5 (commencing with Section 38500) of the Health and
Safety Code and specified in Sections 95800 to 96022, inclusive, of
Title 17 of the California Code of Regulations, shall be deposited in
the fund and shall be available for appropriation by the
Legislature.
   (c) All moneys deposited in the fund shall be appropriated and
shall be separately identified in the annual Budget Act. No moneys
from the General Fund or any other fund shall be deposited in the
fund.
   (d) Notwithstanding any other law, the Controller shall not use
the moneys in the fund for cash flow loans to the General Fund as
provided in Sections 16310 and 16381.
   (e) Any technical amendments made by the State Air Resources Board
to the regulations established under Sections 95800 to 96022,
inclusive, of Title 17 of the California Code of Regulations to
conform that regulation to this article shall be exempt from the
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3) and from the
review and approval of the Office of Administrative Law.