Amended in Senate August 23, 2016

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 the fund. 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 law authorizes the allocation of 10% for projects located in disadvantaged communities to 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 allocatebegin insert (1)end insert a minimum of 25% of the available moneys in the fund to projects located within, and benefiting individuals living in, disadvantaged communities,begin delete as described, andend deletebegin insert (2)end insert an additional minimum of 5% to projects that benefit low-income households or to projects located within, and benefiting individuals living in, low-incomebegin delete communities, as defined.end deletebegin insert communities located anywhere in the state, and (3) an additional minimum of 5% either to projects that benefit low-income households that are outside of, but within a end insertbegin insert12end insertbegin insert mile of, disadvantaged communities, or to projects located within the boundaries of, and benefiting individuals living in, low-income communities that are outside of, but within a end insertbegin insert12end insertbegin insert mile of, disadvantaged communities.end insert

The bill would becomebegin delete operationalend deletebegin insert operativeend insert only if AB 1613 of the 2015-16 Regular Session is enacted and becomes effective on or before January 1, 2017.

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) begin delete(1)end deletebegin deleteend deleteThe 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
P3    1of, and benefiting individuals living in, low-incomebegin delete communities.end delete
2
begin insert communities located anywhere in the state.end insert

begin insert

3
(c) The investment plan shall allocate a minimum of 5 percent
4of the available moneys in the fund either to projects that benefit
5low-income households that are outside of, but within a 12 mile
6of, communities described in Section 39711, or to projects located
7within the boundaries of, and benefiting individuals living in,
8low-income communities that are outside of, but within a 12 mile
9of, communities described in Section 39711.

end insert
begin delete

10(2)

end delete

11begin insert(d)end insert For purposes of this subdivision, the following definitions
12shall apply:

begin delete

13(A)

end delete

14begin insert(1)end insert “Low-income households” are those with household incomes
15at or below 80 percent of the statewide median income or with
16household incomes at or below the threshold designated as low
17income by the Department of Housing and Community
18Development’s list of state income limits adopted pursuant to
19Section 50093.

begin delete

20(B)

end delete

21begin insert(2)end insert “Low-income communities” are census tracts with median
22household incomes at or below 80 percent of the statewide median
23income or with median household incomes at or below the
24threshold designated as low income by the Department of Housing
25and Community Development’s list of state income limits adopted
26pursuant to Section 50093.

begin delete

27(c)

end delete

28begin insert(e)end insert Moneysbegin delete spentend deletebegin insert allocatedend insert pursuant tobegin insert oneend insert subdivisionbegin delete (a)end deletebegin insert of
29this sectionend insert
shall not count toward the minimumbegin delete requirement
30described in subdivision (b), and moneys spent pursuant to
31subdivision (b) shall not count toward the minimum requirement
32described in subdivision (a).end delete
begin insert requirements of any other subdivision
33of this section.end insert

34

SEC. 2.  

This act shall become operative only if Assembly Bill
351613 of the 2015-16 Regular Session is enacted and becomes
36effective on or before January 1, 2017.



O

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