California Legislature—2015–16 First Extraordinary Session

Assembly BillNo. 13


Introduced by Assembly Member Grove

August 31, 2015


An act to amend Section 39719 of the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 13, as introduced, Grove. Greenhouse Gas Reduction Fund: streets and highways.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the 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. Existing law continuously appropriates 20% of the annual proceeds of the fund to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program, as provided.

This bill would reduce the continuous appropriation to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program by half.

This bill, beginning in the 2016-17 fiscal year, would continuously appropriate 50% of the annual proceeds of the Greenhouse Gas Reduction Fund, with 50% of that appropriation to the Department of Transportation for maintenance of the state highway system or for projects that are part of the state highway operation and protection program, and 50% to cities and counties for local street and road purposes.

Vote: majority. Appropriation: yes. 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 that
2investments in highway maintenance and rehabilitation reduce
3congestion and improve fuel efficiency, thereby achieving
4significant reductions in greenhouse gas emissions.

5

SEC. 2.  

Section 39719 of the Health and Safety Code is
6amended to read:

7

39719.  

(a) The Legislature shall appropriate the annual
8proceeds of the fund for the purpose of reducing greenhouse gas
9emissions in this state in accordance with the requirements of
10Section 39712.

11(b) To carry out a portion of the requirements of subdivision
12(a), annual proceeds are continuously appropriated for the
13following:

14(1) Beginning in the 2015-16 fiscal year, and notwithstanding
15Section 13340 of the Government Code,begin delete 35end deletebegin insert 25end insert percent of annual
16proceeds are continuously appropriated, without regard to fiscal
17years, for transit, affordable housing, and sustainable communities
18programs as following:

19(A) Ten percent of the annual proceeds of the fund is hereby
20continuously appropriated to the Transportation Agency for the
21Transit and Intercity Rail Capital Program created by Part 2
22(commencing with Section 75220) of Division 44 of the Public
23Resources Code.

24(B) Five percent of the annual proceeds of the fund is hereby
25continuously appropriated to the Low Carbon Transit Operations
26Program created by Part 3 (commencing with Section 75230) of
27Division 44 of the Public Resources Code.begin delete Fundsend deletebegin insert Moneysend insert shall be
28allocated by the Controller, according to requirements of the
29program, and pursuant to the distribution formula in subdivision
P3    1(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
2the Public Utilities Code.

3(C) begin deleteTwenty end deletebegin insertTen end insertpercent of the annual proceeds of the fund is
4hereby continuously appropriated to the Strategic Growth Council
5for the Affordable Housing and Sustainable Communities Program
6created by Part 1 (commencing with Section 75200) of Division
744 of the Public Resources Code. Of the amount appropriated in
8this subparagraph, no less thanbegin delete 10end deletebegin insert 5end insert percent of the annualbegin delete proceeds,end delete
9begin insert proceedsend insert shall be expended for affordable housing, consistent with
10the provisions of that program.

11(2) Beginning in the 2015-16 fiscal year, notwithstanding
12Section 13340 of the Government Code, 25 percent of the annual
13proceeds of the fund is hereby continuously appropriated to the
14High-Speed Rail Authority for the following components of the
15initial operating segment and Phase I Blended System as described
16in the 2012 business plan adopted pursuant to Section 185033 of
17the Public Utilities Code:

18(A) Acquisition and construction costs of the project.

19(B) Environmental review and design costs of the project.

20(C) Other capital costs of the project.

21(D) Repayment of any loans made to the authority to fund the
22project.

begin insert

23(3) Beginning in the 2016-17 fiscal year, notwithstanding
24Section 13340 of the Government Code, 50 percent of the annual
25proceeds of the fund is hereby continuously appropriated, without
26regard to fiscal years, and allocated as follows:

end insert
begin insert

27(A) Fifty percent to the Department of Transportation for
28maintenance of the state highway system or for projects that are
29part of the state highway operation and protection program,
30prepared pursuant to Section 14526.5 of the Government Code.

end insert
begin insert

31(B) Fifty percent shall be apportioned by the Controller to cities
32and counties for local street and road purposes consistent with
33the formula in subparagraph (C) of paragraph (3) of subdivision
34(a) of Section 2103 of the Streets and Highways Code.

end insert

35(c) In determining the amount of annual proceeds of the fund
36for purposes of the calculation in subdivision (b), the funds subject
37to Section 39719.1 shall not be included.



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