Amended in Assembly April 8, 2013

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

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.

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. begin insert The Sustainable Communities for All program would not be implemented until the Legislature appropriates funds for the program. end insert

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 begin insert specified end insert projects and programs begin delete that show end delete begin insert intended to reduce end insert greenhouse begin delete gas reductions, as specified. end delete begin insert gas emissions. end insert

Vote: majority. Appropriation: yes. 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) 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 begin delete less, and that and have a myriad
of other benefits for communities and individuals, end delete begin insert less end insert are building
homes affordable to everyone near begin delete frequently used end delete public transit
and improving public and active transportation choices.

(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.

(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.

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

(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.

begin insert

(f) Additional greenhouse gas reductions can be realized by
incorporating green infrastructure, such as local parks, urban
forestry, and open space, as a component of the livability of
transit-oriented development, and transit, bicycle, and pedestrian
networks. The protection and restoration of these natural resources
reduces emissions and contributes multiple environmental benefits
that will help California’s communities become climate resilient.

end insert begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(g)

end delete

begin insert (h) end insert   begin delete Revenues end delete begin insert Auction proceeds end insert 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, begin delete and end delete active transportation
begin delete opportunities. end delete begin insert opportunities, residential energy efficiency
improvements, and natural resource conservation and development. end insert

begin delete

(h)

end delete

begin insert (i) end insert  Therefore, it is the intent of the Legislature to fund existing
programs in the short term and create begin insert a end insert new begin delete programs end delete begin insert program end insert
in the long term to achieve these goals.

SEC. 2.  

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

 

PART 14.  Sustainable Communities for All

 

53570.  

(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.

begin insert

(8) Open-space protection, local parks, and urban forestry.

end insert

begin insert

begin insert 53571. end insert   

The Legislature intends to appropriate moneys for this
part in a manner consistent with the requirements of this part,
Chapter 4.1 (commencing with Section 39710) of Part 2 of Division
26, 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.

end insert begin insert

begin insert 53572. end insert   

Implementation of this part, including development of
standards and guidelines by the State Air Resources Board and
provision of financial assistance to eligible recipients, is contingent
upon appropriation of funds for these purposes by the Legislature.

end insert

SEC. 3.  

begin delete There end delete begin insert (a) end insert begin insert   end insert begin insert It is the intent of the Legislature to achieve
the goals of the Sustainable Communities for All program in the
short term by funding existing programs in the 2013 end insert begin insert -14 budget
year. end insert

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

begin delete

(a)

end delete

begin insert (1) end 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:

begin delete

(1)

end delete

begin insert (A) end insert  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.

begin delete

(2)

end delete

begin insert (B) end insert  The department shall use density as a scoring criterion in
place of project size.

begin delete

(3)

end delete

begin insert (C) end insert  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.

begin delete

(b)

end delete

begin insert (2) end insert  To the projects and programs that are eligible to receive
funds through the State Transit Assistance program and that show
greenhouse gas reductions ____ dollars ($____).

begin delete

(c)

end delete

begin insert (3) end insert  To the projects and programs that are eligible to receive
funds through the Bicycle Transportation Account and that show
greenhouse gas reductions ____ dollars ($____).

begin delete

(d)

end delete

begin insert (4) end insert  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 ($____).

begin delete

(e)

end delete

begin insert (5) end insert  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 ($____).

begin delete

(f)

end delete

begin insert (6) end insert  To the Energy Savings Assistance Program and the
Weatherization Assistance Program ____ dollars ($____).

begin insert

(7) To the California Natural Resources Agency ____ dollars
($____) for allocation to its departments and state conservancies
for the purposes of funding the following projects that show
greenhouse gas reductions: urban forestry, local parks, and the
protection of open space, including wildlife habitats and working
lands.

end insert