Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1051

Introduced by Assembly Member Bocanegra

February 22, 2013

An act begin insert to add Part 14 (commencing with Section 53570) to Division 31 of the Health and Safety Code, end insert relating to housing begin insert , and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1051, as amended, Bocanegra. Housing.

The California Global Warming Solutions Act of 2006 authorizes the State Air Resources Board to adopt a program pursuant to the act to cap greenhouse gas emissions and provide for market-based compliance mechanisms, including the auction of allowances (cap-and-trade program). 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 provides that, to the extent that funds are available, the Department of Housing and Community Development shall make loans for the development and construction of a housing development project within close proximity to a transit station, as specified.

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This bill would state the intent of the Legislature to appropriate funds from the Greenhouse Gas Reduction Fund to the Department of Housing and Community Development to be expended for loans for the development and construction of housing development projects within close proximity to transit stations.

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This bill would state findings and declarations of the Legislature relating to transportation and residential housing development, as specified. The bill would create the Sustainable Communities for All program, which shall begin operations on January 1, 2015, to fund transit-related projects through competitive grants and loans, as specified.

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This bill would appropriate an unspecified sum from the Greenhouse Gas Reduction Fund to be allocated to the Department of Housing and Community Development to provide loans for the development and construction of housing development projects within close proximity to transit stations, and to other projects and programs that show greenhouse gas reductions, as specified.

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Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) Chapter 728 of the Statutes of 2008 created a regional
transportation and land use planning framework to reduce
greenhouse gas emissions attributable to driving. Two approaches
that allow Californians to drive less, and that and have a myriad
of other benefits for communities and individuals, are building
homes affordable to everyone near frequently used public transit
and improving public and active transportation choices.

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(b) While demand for more transportation and housing options
is high, court action in California Redevelopment Association v.
Matosantos (2011) 53 Cal.4th 231 eliminated more than
$1,000,000,000 annually that was available for housing
development. Additionally, funds from successful state housing
bonds are virtually exhausted. Funding for transit in California
was cut by more than $4,000,000,000 over the last decade, leading
to massive service cuts at transit agencies even as transit ridership
soared.

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(c) According to the California Air Pollution Control Officers
Association, living in an affordable, transit-oriented development
can reduce a low-income household’s greenhouse gas emissions
from driving by up to 65 percent.

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(d) Access to public transportation reduces greenhouse gas
emissions. Compared to the 20 percent of households with the best
transportation access, typical households in each of the four most
populous regions emitted from 27 percent to 42 percent more
transportation-related greenhouse gasses.

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(e) Because transit, transit-oriented residential development,
and bicycle and pedestrian networks are significantly underbuilt
in California, investments in their expanded production will have
real, lasting impacts on greenhouse gas emissions.

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(f) Those investments will also create and sustain well-paying
jobs at a time of high unemployment and generate myriad other
local, regional and statewide economic benefits. Every
$1,000,000,000 invested in public transit creates and supports
36,000 jobs and generates nearly $500,000,000 in tax revenues.
Similarly, every $1,000,000,000 invested in apartments leverages
$3,600,000,000 in private and federal investment and creates
34,500 construction and permanent jobs.

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(g) Revenues from the state’s cap-and-trade program provide
a timely opportunity to generate short-term and long-term
environmental and economic benefits for California communities,
while meeting high demand for transit-oriented residential
development, expanded transit, and active transportation
opportunities.

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(h) Therefore, it is the intent of the Legislature to fund existing
programs in the short term and create new programs in the long
term to achieve these goals.

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begin insert SEC. 2. end insert   

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begin insert Part 14 (commencing with Section 53570) is added to
Division 31 of the end insert begin insert Health and Safety Code end insert begin insert , to read: end insert

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PART  begin insert 14. end insert   Sustainable Communities for All

 

begin insert 53570. end insert   

(a) The Sustainable Communities for All program,
which is hereby established, shall begin operations on January 1,
2015, with the goal of equitably implementing Chapter 728 of the
Statutes of 2008 by providing transportation and housing choices
that allow lower income Californians to drive less and reduce
household costs.

(b) The program shall fund all of the following through
competitive grants and loans:

(1) Expanded or improved public transit service, including
operations to quickly expand service and increase ridership.

(2) Transit capital maintenance.

(3) Development and rehabilitation of transit-oriented
residential development that is affordable to low-income
households and provides trip reduction strategies including transit
passes and car share.

(4) Expanded bicycle and pedestrian networks, facilities, and
programs that promote additional use and safety, and that provide
access to transit, schools, colleges, shopping, and other
destinations.

(5) Expanded vanpool, car share, and carpool promotion
programs.

(6) Transportation demand management strategies and
incentives that reduce both vehicle travel and ownership, including
discounted transit passes in transit priority zones.

(7) Invest in energy efficiency improvement in existing
multifamily rental homes affordable to lowerincome households.

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begin insert SEC. 3. end insert   

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There is hereby appropriated ____ dollars ($____)
from the Greenhouse Gas Reduction Fund to be allocated, as
follows:

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begin insert (a) end insert begin insert   end insert begin insert To the Department of Housing and Community Development
____ dollars ($____) to be expended to provide loans for the
development and construction of housing development projects
within close proximity to transit stations, as specified in subdivision
(b) of Section 53562 of the Health and Safety Code, in accordance
with all of the following: end insert

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(1) These funds shall only finance housing units that will be
available at an affordable rent to persons of very low or
low-income for at least 55 years. The units may be located in
mixed-income developments.

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(2) The department shall use density as a scoring criterion in
place of project size.

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(3) The department shall give priority to developments that
achieve additional greenhouse gas emissions reductions or energy
conservation through onsite renewable energy, energy efficiency,
discount transit passes, car sharing, or other similar features.

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(b) To the projects and programs that are eligible to receive
funds through the State Transit Assistance program and that show
greenhouse gas reductions ____ dollars ($____).

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(c) To the projects and programs that are eligible to receive
funds through the Bicycle Transportation Account and that show
greenhouse gas reductions ____ dollars ($____).

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(d) To the projects and programs that are eligible to receive
funds through the Safe Routes to Schools program and that show
greenhouse gas reductions ____ dollars ($____).

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(e) To the projects and programs that are eligible to receive
funds through the federal Transportation Alternative Program (23
U.S.C. Sec. 213) and that show greenhouse gas reductions ____
dollars ($____).

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(f) To the Energy Savings Assistance Program and the
Weatherization Assistance Program ____ dollars ($____).

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SECTION 1.  

(a) It is the intent of the Legislature to increase
funding for equitable transit-oriented development that is affordable
to core transit riders and other low-income households with a
decreased propensity to drive when transit options are available.

(b) It is the intent of the Legislature to appropriate funds from
the Greenhouse Gas Reduction Fund to the Department of Housing
and Community Development to be expended for loans for the
development and construction of housing development projects
within close proximity to transit stations, as specified in subdivision
(b) of Section 53562 of the Health and Safety Code, in accordance
with the following:

(1) These funds shall only finance housing units that will be
available at an affordable rent to persons of very low or low income
for at least 55 years. The units may be located in mixed-income
developments.

(2) The department shall use density as a scoring criterion in
place of project size.

(3) The department shall give priority to developments that
achieve additional greenhouse gas emission reductions or energy
conservation through onsite renewable energy, energy efficiency,
discount transit passes, car sharing, or other similar features.

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