California Legislature—2015–16 First Extraordinary Session

Assembly BillNo. 17


Introduced by Assembly Member Achadjian

(Coauthor: Assembly Member Linder)

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 17, as introduced, Achadjian. Greenhouse Gas Reduction Fund: state highway operation and protection program.

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 60% of the annual proceeds of the fund for transit, affordable housing, sustainable communities, and high-speed rail purposes.

This bill, beginning in the 2016-17 fiscal year, would continuously appropriate 25% of the annual proceeds of the fund to fund projects in the state highway operation and protection program.

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 state 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, 35 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
30(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
31the Public Utilities Code.

32(C) Twenty percent of the annual proceeds of the fund is hereby
33continuously appropriated to the Strategic Growth Council for the
34Affordable Housing and Sustainable Communities Program created
35by Part 1 (commencing with Section 75200) of Division 44 of the
P3    1Public Resources Code. Of the amount appropriated in this
2subparagraph, no less than 10 percent of the annualbegin delete proceeds,end delete
3begin insert proceedsend insert shall be expended for affordable housing, consistent with
4the provisions of that program.

5(2) Beginning in the 2015-16 fiscal year, notwithstanding
6Section 13340 of the Government Code, 25 percent of the annual
7proceeds of the fund is hereby continuously appropriated to the
8High-Speed Rail Authority for the following components of the
9initial operating segment and Phase I Blended System as described
10in the 2012 business plan adopted pursuant to Section 185033 of
11the Public Utilities Code:

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

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

14(C) Other capital costs of the project.

15(D) Repayment of any loans made to the authority to fund the
16project.

begin insert

17(3) Beginning in the 2016-17 fiscal year, notwithstanding
18Section 13340 of the Government Code, 25 percent of the annual
19proceeds of the fund is hereby continuously appropriated to the
20State Highway Account in the State Transportation Fund to fund
21projects in the state highway operation and protection program,
22required by Section 14526.5 of the Government Code.

end insert

23(c) In determining the amount of annual proceeds of the fund
24for purposes of the calculation in subdivision (b), the funds subject
25to Section 39719.1 shall not be included.



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