Amended in Senate August 18, 2016

Amended in Senate August 16, 2016

Amended in Senate August 2, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 11, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1550


Introduced by Assembly Member Gomez

January 4, 2016


An act to amend Section 39713 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 1550, as amended, Gomez. Greenhouse gases: investment plan: disadvantaged communities.

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 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 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 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 thebegin delete Greenhouse Gas Reduction Fund.end deletebegin insert fund.end insert Existing law requires the investment plan to allocate a minimum of 25% of the available moneys in the fund to projects that provide benefits to disadvantaged communities, as defined, and a minimum of 10% to projects located in those disadvantaged communities. Existing lawbegin delete provides thatend deletebegin insert authorizesend insert the allocation of 10% for projects located in disadvantaged communitiesbegin delete mayend deletebegin insert toend insert be used for projects included in the minimum allocation of 25% for projects that provide benefits to disadvantaged communities.

This bill would instead require the investment plan to allocate a minimum of 25% of the available moneys in the fund to projects located within, and benefiting individuals living in, disadvantaged communities, as described, and an additional minimum of 5% to projects that benefit low-income households or to projects located within, and benefiting individuals living in, low-income communities, as defined.

The bill wouldbegin delete make the operation of its provisions contingent upon the enactment ofend deletebegin insert become operational only ifend insert AB 1613 of the 2015-16 Regular Sessionbegin delete and the appropriation of $205,000,000 in that act from the Greenhouse Gas Reduction Fund.end deletebegin insert is enacted and becomes effective on or before January 1, 2017.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 39713 of the Health and Safety Code is
2amended to read:

3

39713.  

(a) The investment plan developed and submitted to
4the Legislature pursuant to Section 39716 shall allocate a minimum
5of 25 percent of the available moneys in the fund to projects located
6within the boundaries of, and benefiting individuals living in,
7communities described in Section 39711.

8(b) (1) The investment plan shall allocate a minimum of 5
9percent of the available moneys in the fund to projects that benefit
10low-income households or to projects located within the boundaries
11of, and benefiting individuals living in, low-income communities.

12(2) For purposes of this subdivision, the following definitions
13shall apply:

14(A) “Low-income households” are those with household
15incomes at or below 80 percent of the statewide median income
P3    1or with household incomes at or below the threshold designated
2as low income by the Department of Housing and Community
3Development’s list of state income limits adopted pursuant to
4Section 50093.

5(B) “Low-income communities” are census tracts with median
6household incomes at or below 80 percent of the statewide median
7income or with median household incomes at or below the
8threshold designated as low income by the Department of Housing
9and Community Development’s list of state income limits adopted
10pursuant to Section 50093.

11(c) Moneys spent pursuant to subdivision (a) shall not count
12toward the minimum requirement described in subdivision (b),
13and moneys spent pursuant to subdivision (b) shall not count
14toward the minimum requirement described in subdivision (a).

15

SEC. 2.  

This act shall become operative only if Assembly Bill
161613 of the 2015-16 Regular Session isbegin delete enacted,end deletebegin insert enacted andend insert
17 becomes effective on or before January 1,begin delete 2017, and appropriates
18two hundred five million dollars ($205,000,000) is appropriated
19in that act from the Greenhouse Gas Reduction Fund.end delete
begin insert 2017.end insert



O

    93