Amended in Assembly April 4, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 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. State 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 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 General Fund, upon appropriation by the Legislature, for purposes of providing grants and other financial assistance to develop and implement greenhouse gas emissions reduction projects in the state. The bill would require the state board, in coordination with the Strategic Growth Council, to administer the program, as specified.begin insert The bill would require the implementation of the program to be contingent on the appropriation of moneys by the Legislature, 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The reduction of greenhouse gas emissions is critical to
4public health, safety, the economy, and the natural environment
5that residents rely on.

6(b) State investments in local and regional greenhouse gas
7emission reduction projects in this state help local communities
8thrive, support the state’s emission-reduction and clean-energy
9targets, lower the statewide unemployment rate, and spur new job
10growth.

11(c) Providing incentives to local governments to plan and
12implement their own greenhouse gas emission reduction efforts
13will assist the state to reach its emission-reduction targets faster
14and more efficiently.

15(d) Local greenhouse gas emission reduction initiatives best
16recognize the particular reduction opportunities at the local level
17and provide an opportunity to enhance the environment and
18economy of local and regional places through multibenefit projects.

19(e) Local governments are well suited to coordinate and
20aggregate micro-, small-, community-, and regional-scale projects
21that will help the state reach its environmental targets while
22providing incentives to investments and job growth at the local
23level.

24(f) It is the intent of the Legislature to promote investments in
25local and regional greenhouse gas emission reduction projects.

26

SEC. 2.  

Chapter 3.6 (commencing with Section 39680) is added
27to Part 2 of Division 26 of the Health and Safety Code, to read:

28 

29Chapter  3.6. Local Emission Reduction Program
30

 

31

39680.  

(a) The Local Emission Reduction Program is hereby
32created.

33(b) Moneys shall be available from the General Fund, upon
34appropriation by the Legislature, for purposes of carrying out this
35chapter.

P3    1(c) (1) The state board, in coordination with other state entities,
2as appropriate, shall establish the Local Emission Reduction
3Program to provide local assistance grants and other financial
4assistance to eligible recipients for the purposes of developing and
5implementing greenhouse gas emissions reduction projects in this
6state.

7(2) The state board, in coordination with the Strategic Growth
8Council, shall administer the Local Emission Reduction Program.

9(d) For purposes of this chapter, “eligible recipient” means a
10city, county, city and county, charter city, charter county,
11metropolitan planning organization, regional climate authority,
12special district, joint powers authority, air pollution control or air
13quality management district, regional collaborative, or nonprofit
14organization working in coordination with a local government.

15(e) The state board shall develop standards and guidelines for
16the distribution of funds to reduce greenhouse gas emissions and
17to maximize the ability to achieve one or more of the following:

18(1) Decrease air or water pollution.

19(2) Reduce the consumption of natural resources or energy.

20(3) Provide opportunities to achieve greenhouse gas emissions
21reductions in ways that increase localized energy resources.

22(4) Promote public-private partnerships to implement energy
23efficiency and clean energy projects with financing incentives for
24residential and commercial facilities.

25(5) Increase the reliability of local water supplies.

26(6) Increase solid waste diversion from landfills.

27(7) Increase electric vehicle infrastructure.

28(8) Achieve greenhouse gas emissions reductions in ways that
29reduce vehicle miles traveled.

30(9) Prevent conversion of agricultural, forest, and open space
31lands to uses that result in higher greenhouse gas emissions.

32(f) In evaluating potential projects to be funded pursuant to this
33chapter, the state board and the Strategic Growth Council shall
34give priority to projects that demonstrate one or more of the
35following characteristics:

36(1) Regional implementation.

37(2) The ability to leverage additional public and private funding.

38(3) The potential for cobenefits or multibenefit attributes.

39(4) The potential for the project or program to be replicated.

40(5) Consideration of geographic and socioeconomic issues.

P4    1(g) The state board shall ensure that the Local Emission
2Reduction Program provides opportunities for both small and large
3population participants.

4(h) The state board, in coordination with the Strategic Growth
5Council, shall ensure funding is available pursuant to this chapter
6for both of the following:

7(1) The development and implementation of innovative projects
8that create new systems or technologies.

9(2) (A) The implementation of existing, proven greenhouse gas
10emissions reducing or sequestering projects, including, but not
11limited to, those projects and programs already adopted by local
12agencies.

13(B) Projects receiving funding pursuant to subparagraph (A)
14shall receive funding on a competitive basis.

15

39681.  

The state board, in implementing a grant program
16pursuant Section 39680, shall develop standards and guidelines to
17ensure projects funded pursuant to this chapter maximize funds
18appropriated, provide environmental and economic benefits, and
19do not conflict with other areas of law.

begin insert
20

begin insert39682.end insert  

It is the intent of the Legislature that moneys shall be
21appropriated for this chapter only in a manner consistent with the
22requirements of this part, including Chapter 4.1 (commencing with
23Section 39710), and Article 9.7 (commencing with Section 16428.8)
24of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government
25Code.

end insert
begin insert
26

begin insert39683.end insert  

The implementation of this chapter, including the
27development of standards and guidelines by the state board
28pursuant to this chapter and the provision of financial assistance
29to eligible recipients pursuant to Section 39680, shall be contingent
30on the appropriation of moneys by the Legislature for these
31purposes.

end insert


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