Amended in Assembly May 28, 2013

Amended in Assembly April 22, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 26

Introduced by Assembly Member Bonilla

December 3, 2012

An act to begin delete amend Sections 39712 and 39716 of, and to end delete add Section 39714 begin delete to, end delete begin insert to end insert the Health and Safety Code, relating to 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. begin delete Existing law 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. end delete

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This bill would require the 3-year investment plan to allocate moneys consistent with additional statewide goals, as specified. The

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begin insert This end insert bill would require projects involving construction, alteration, demolition, installation, repair, and maintenance work paid for in whole or in part from the Greenhouse Gas Reduction Fund to be considered public begin delete works end delete begin insert works, end insert 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 begin delete maintenance end delete work to reduce greenhouse gas emissions if all begin delete maintenance end delete work at the refinery related to reducing greenhouse gas emissions that begin insert is not performed by the owner’s or operator’s own employees and that end insert 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:

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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 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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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 begin delete maintenance end delete work to reduce
greenhouse gas emissions if all begin delete maintenance end delete work at the refinery
related to reducing greenhouse gas emissions that begin insert end insert begin insert is not performed
by the owner’s or operator’s own employees and that end insert 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.

begin delete

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 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.

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