Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 416

Introduced by Assembly Member Gordon

February 15, 2013

An act to add Chapter 3.6 (commencing with Section 39680) to Part 2 of Division 26 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 416, as amended, Gordon. begin delete California end delete begin insert State end insert Air Resources Board: Local Emission Reduction Program.

Existing law designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution begin delete , end delete and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.

This bill would create the Local Emission Reduction Program and would require money to be available from the begin delete general fund end delete begin insert General Fund end insert , upon appropriation by the Legislature, for purposes of providing grants begin insert and other financial assistance end insert to develop and implement greenhouse gas begin delete emission end delete begin insert emissions end insert reduction projects in the state. The bill would require the state board begin insert , in coordination with the Strategic Growth Council, end insert to begin delete award moneys under the program to eligible recipients, as specified, and would permit the state board to give consideration to the ability of a project to, among other things, create local job training and job creation benefits and provide opportunities to achieve greenhouse gas emission reduction in ways that increase localized energy resources end delete begin insert administer the program, as specified end insert .

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.  

The Legislature finds and declares all of the
following:

(a) The reduction of greenhouse gas emissions is critical to
public health, safety, the economy, and the natural environment
that begin delete California end delete residents rely on.

(b) State investments in local and regional greenhouse gas
emission reduction projects in this state help local communities
thrive, support the state’s emission-reduction and clean-energy
targets, lower the statewide unemployment rate, and spur new job
growth.

(c)  begin delete Incentivizing end delete begin insert Providing incentives t end insert begin insert o end insert local governments to
plan and implement their own greenhouse gas emission reduction
efforts will assist the state to reach its emission-reduction targets
faster and more efficiently.

(d) Local greenhouse gas emission reduction initiatives best
recognize the particular reduction opportunities at the local level
and provide an opportunity to enhance the environment and
economy of local and regional places through multibenefit projects.

(e) Local governments are begin delete well-suited end delete begin insert well suited end insert to coordinate
and aggregate micro-, small-, community-, and regional-scale
projects that will help the state reach its environmental targets
while begin delete incentivizing end delete begin insert providing incentives to end insert investments and job
growth at the local level.

(f) It is the intent of the Legislature to promote investments in
local and regional greenhouse gas emission reduction projects.

SEC. 2.  

Chapter 3.6 (commencing with Section 39680) is added
to Part 2 of Division 26 of the Health and Safety Code, to read:

 

Chapter  3.6. Local Emission Reduction Program

 

39680.  

(a) The Local Emission Reduction Program is hereby
created.

(b) Moneys shall be available from the begin delete general fund end delete begin insert General
Fund end insert , upon appropriation by the Legislature, for purposes of
carrying out this chapter.

(c) (1) The state board, in coordination with other state entities,
as appropriate, shall establish the Local Emission Reduction
Program to provide local assistance grants begin insert and other financial
assistance end insert to eligible recipients for the purposes of developing and
implementing greenhouse gas begin delete emission end delete begin insert emissions end insert reduction
projects in this state.

(2) The state board begin insert , in coordination with the Strategic Growth
Council, end insert shall administer the Local Emission Reduction Program.

(d) For purposes of this begin delete chapter end delete begin insert chapter, end insert “eligible recipient”
means a city, county, city and county, charter city, begin insert charter county, end insert
metropolitan planning organization, regional climate authority,
special district, joint powers authority, air pollution control begin delete and end delete
begin insert or end insert air quality management district, regional collaborative, or
nonprofit organization working in coordination with a local
government.

(e) The state board shall begin delete award local assistance grants on a
competitive basis based on the potential for greenhouse gas
emission reductions, including sequestration, projects that
demonstrate innovation and that result in replicable models with
consideration of geographic and socioeconomic context.
Consideration may also be given to the ability of a project or
projects to do any end delete begin insert develop standards and guidelines for the
distribution of funds to reduce greenhouse gas emissions and to
maximize the ability to achieve one or more end insert of the following:

begin delete

(1) Create local job training and job creation benefits.

end delete begin delete

(2)

end delete

begin insert (1) end insert  Decrease air or water pollution.

begin delete

(3)

end delete

begin insert (2) end insert  Reduce the consumption of natural resources or energy.

begin delete

(4)

end delete

begin insert (3) end insert  Provide opportunities to achieve greenhouse gas begin delete emission end delete
begin insert emissions end insert reductions in ways that increase localized energy
resources.

begin insert

(4) Promote public-private partnerships to implement energy
efficiency and clean energy projects with financing incentives for
residential and commercial facilities.

end insert

(5) Increase the reliability of local water supplies.

(6) Increase solid waste diversion from landfills.

begin insert

(7) Increase electric vehicle infrastructure.

end insert begin delete

(7)

end delete

begin insert (8) end insert  Achieve greenhouse gas begin delete emission end delete begin insert emissions end insert reductions in
ways that reduce vehicle miles traveled.

begin delete

(8)

end delete

begin insert (9) end insert  Prevent begin delete conservation end delete begin insert conversion end insert of agricultural, forest, and
open space lands to uses that result in higher greenhouse gas
emissions.

begin insert

(f) In evaluating potential projects to be funded pursuant to this
chapter, the state board and the Strategic Growth Council shall
give priority to projects that demonstrate one or more of the
following characteristics:

end insert begin insert

(1) Regional implementation.

end insert begin insert

(2) The ability to leverage additional public and private funding.

end insert begin insert

(3) The potential for cobenefits or multibenefit attributes.

end insert begin insert

(4) The potential for the project or program to be replicated.

end insert begin insert

(5) Consideration of geographic and socioeconomic issues.

end insert begin delete

(f)

end delete

begin insert (g) end insert  The state board shall ensure that the Local Emission
Reduction Program provides opportunities for both small and large
population participants.

begin insert

(h) The state board, in coordination with the Strategic Growth
Council, shall ensure funding is available pursuant to this chapter
for both of the following:

end insert begin insert

(1) The development and implementation of innovative projects
that create new systems or technologies.

end insert begin insert

(2) (A) The implementation of existing, proven greenhouse gas
emissions reducing or sequestering projects, including, but not
limited to, those projects and programs already adopted by local
agencies.

end insert begin insert

(B) Projects receiving funding pursuant to subparagraph (A)
shall receive funding on a competitive basis.

end insert

39681.  

The state board, in begin delete coordination with other state
agencies, as appropriate end delete begin insert implementing a grant program pursuant end insert
begin insert Section 39680 end insert , shall develop standards and guidelines to ensure
projects funded pursuant to this chapter maximize funds
appropriated, provide environmental and economic benefits, and
do not conflict with other areas of law.