BILL NUMBER: AB 1375 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chau
(Coauthor: Assembly Member Gordon)
FEBRUARY 22, 2013
An act to add Section 16428.96 to the Government Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1375, as amended, Chau. California Global Warming Solutions Act
of 2006: market-based compliance mechanisms: Clean Technology
Investment Account.
The California Global Warming Solutions Act of 2006, hereafter the
Global Warming Solutions Act, 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 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. 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. That Existing law
permits money moneys from the fund be
allocated for the research, development, and deployment of
innovative technologies, measures, and practices related to programs
and projects funded under the Global Warming Solutions Act.
That law also prohibits the state from using moneys in the fund
unless the state determines that the use of the moneys furthers the
regulatory purposes of the Global Warming Solutions Act.
This bill would create the Clean Technology Investment Account
within the Greenhouse Gas Reduction Fund and would require the
Legislature to annually appropriate money
moneys from the Greenhouse Gas Reduction Fund into the Clean
Technology Investment Account. This bill would make the
funds those moneys available to the
State Air Resources Board of state board for the
purposes of providing grants to nonprofit public benefit
corporations to design and implement programs for
accelerating the development, demonstration, and deployment
by companies and entrepreneurs of transformative
technologies that would reduce or have the potential to
of clean technologies that will reduce greenhouse gas
emissions and foster job creation in the state. The bill would
require the implementation of these provisions be contingent on the
appropriation of moneys by the Legislature for these purposes.
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. It is the intent of the Legislature that moneys in the
Clean Technology Investment Account be used to facilitate the
achievement of reductions of greenhouse gas emissions in this state
consistent with paragraph (7) of subdivision (c) of Section 39712 of
the Health and Safety Code.
SEC. 2. Section 16428.96 is added to the Government Code, to read:
16428.96. (a) There is hereby created the Clean Technology
Investment Account within the Greenhouse Gas Reduction Fund,
established pursuant to Section 16428.8. Moneys in the fund
shall be appropriated annually by the Legislature in the
Budget Act from the Greenhouse Gas Reduction Fund to the Clean
Technology Investment Account. Moneys in the Clean Technology
Investment Account shall be available for expenditure by the State
Air Resources Board for the purposes of this section, upon
appropriation by the Legislature in the annual Budget Act.
(b) Moneys in the account Clean Technology
Investment Account shall , upon appropriation by the
Legislature in the annual Budget Act, be expended by the
State Air Resources Board for the purposes of accelerating the
development and deployment of clean technologies that will reduce
greenhouse gas emission emissions and
will foster job creation in California by awarding grants to
nonprofit public benefit corporations formed pursuant to the
Nonprofit Corporation Law (Division 2 (commencing with Section 5000)
of the Corporations Code) that is qualified to do business in
California and is qualified under Section 501(c)(3) of the Internal
Revenue Code to design and implement programs that accelerate the
development, demonstration, and deployment by companies and
entrepreneurships of transformative technologies that will reduce or
have the potential to reduce greenhouse gas emissions and foster job
creation in California .
(c) Priority shall be given to nonprofit public benefit
corporations that have one or more of the following:
(1) A demonstrated ability to accelerate innovative technologies
intended to reduce greenhouse gas emissions.
(2) A demonstrated ability to attract private capital.
(3) Access to broad network of resources, including, but not
limited to, sponsoring entities, outside venture capital, academia,
volunteers, and mentors.
(4) Operate as part of a larger effort, whether national or
international, that it can leverage for the purposes of the programs
designed pursuant to subdivision (b).
(5) An ability to match public funds with private resources,
whether actual cash or in-kind contributions.
(d)
(c) Prior to disbursing grants
moneys pursuant to this section, the State Air Resources Board
shall develop and adopt project solicitation and evaluation
guidelines. The state board shall conduct a public meeting
to consider public comments prior to finalizing the guidelines. At
least 30 days prior to the public meeting, the state board
shall publish the draft solicitation and evaluation guidelines on
its Internet Web site.
(e) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 does not apply to the development of program
guidelines and solicitation and evaluation guidelines.
(d) The implementation of this section, including the development
of guidelines by the State Air Resources Board and the allocation of
financial assistance to eligible recipients, shall be contingent on
the appropriation of moneys in the annual Budget Act by the
Legislature for these purposes.