BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1550


                                                                    Page  1





          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1550 (Gomez) - As Amended April 11, 2016


           ----------------------------------------------------------------- 
          |Policy       |Natural Resources              |Vote:|7 - 0        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires 25% of the AB 32 cap-and-trade revenues  
          (Greenhouse Gas Reduction Fund) to be spent on projects located  
          within and benefiting disadvantaged communities. This bill  
          requires an additional unspecified percentage of the Greenhouse  
          Gas Reduction Funds (GGRF) to be spent on projects that benefit  
          low-income households.  Additionally, this bill:


          1)Defines low-income households as households with incomes at or  
            below 80% of the statewide median income or with median  
            incomes at or below the threshold designated by the Department  
            of Housing and Community Development (HCD), as specified.








                                                                    AB 1550


                                                                    Page  2







          2)Requires a fair share of GGRF to be targeted to households  
            with incomes at or below 200% of the federal poverty level, to  
            the extent feasible.


          3)Requires funds benefitting disadvantaged communities and funds  
            benefitting low-income households to be counted separately for  
            the purposes of meeting the targets.


          FISCAL EFFECT:


          1)Increased GGRF expenditures in disadvantaged and low-income  
            communities.  The Governor's budget proposes appropriating  
            $3.1 billion GGRF funds this year.  


          
          2)Increased annual ongoing costs of approximately $600,000  
            (GGRF) for the California Air Resources Board (ARB) to modify  
            existing guidelines and tracking systems, provide guidance to  
            state agencies, and conduct outreach.


          COMMENTS:


          1)Purpose.  According to the author, the best greenhouse gas  
            reduction strategies are those that benefit low-income  
            households, whether they lie inside or outside  
            CalEnviroScreen-designated disadvantaged communities.  
            Low-income Californians often lack adequate transportation  
            choices, spend a significant percentage of their budgets on  
            necessities like energy, and are least able to relocate or  
            afford energy-saving appliances, vehicles, and household  
            improvements to adapt to our changing climate. 








                                                                    AB 1550


                                                                    Page  3





            


            This bill ensures the state takes advantage of every  
            opportunity to lift poor and working Californians out of  
            poverty, while reducing greenhouse gas emissions. 





          2)Background.  The California Global Warming Solutions Act of  
            2006 (AB 32) requires ARB to adopt a statewide GHG emissions  
            limit equivalent to 1990 levels by 2020 and adopt regulations,  
            including market-based compliance mechanisms, to achieve  
            maximum technologically feasible and cost-effective GHG  
            emission reductions.  

            As part of the implementation of AB 32 market-based compliance  
            measures, ARB adopted a cap-and-trade program that caps the  
            allowable statewide emissions and provides for the auctioning  
            of emission credits, the proceeds of which are quarterly  
            deposited into the GGRF available for appropriation by the  
            Legislature.  



            The 2014-15 Budget Act allocated cap-and-trade revenues for  
            the 2014-15 fiscal year and established a long-term plan for  
            the allocation of cap-and-trade revenues beginning in fiscal  
            year 2015-16.  


            The Budget continuously appropriates 35% of cap-and-trade  
            funds for investments in transit, affordable housing, and  
            sustainable communities.  Twenty-five percent of the revenues  
            are continuously appropriated to continue the construction of  
            high-speed rail.  The remaining 40% are to be appropriated  
            annually by the Legislature for investments in programs that  








                                                                    AB 1550


                                                                    Page  4





            include low-carbon transportation, energy efficiency and  
            renewable energy, and natural resources and waste diversion.  


            An expenditure plan for the 40% was not included in the  
            2015-16 Budget Act, with the exception of $227 million  
            appropriated to continue funding for specified existing  
            programs.  The remaining 2015-16 revenues, along with 2016-17  
            revenues, totaling $3.1 billion are available for  
            appropriation this year.  


            
          3)Disadvantaged and Low-income Communities.  SB 535 (De León),  
            Chapter 830, Statutes of 2012, requires no less than 10% of  
            cap-and-trade revenues fund projects located within  
            disadvantaged communities (DACs), and that 25% of available  
            revenues fund projects that benefit those communities. 

            In October 2014, CalEPA released its list of disadvantaged  
            communities for the purpose of SB 535.  CalEPA relied on  
            CalEnviroScreen to identify the areas disproportionately  
            burdened by and vulnerable to multiple sources of pollution.   
            CalEnviroScreen is a tool that assesses all census tracts in  
            California to identify the areas disproportionally affected  
            and vulnerable to multiple sources of pollution.


            Areas (census tracts) identified as disadvantaged for SB 535's  
            purposes by CalEnviroScreen include: the majority of the San  
            Joaquin Valley; much of Los Angeles and the Inland Empire;  
            pockets of other communities near ports, freeways, and major  
            industrial facilities such as refineries and power plants; and  
            large swaths of the Coachella Valley, Imperial Valley and  
            Mojave Desert.

            This bill modifies SB 535 by requiring the entire 25%  
          allocated to benefit DACs is used to fund projects located  
          within the communities.








                                                                    AB 1550


                                                                    Page  5







            Additionally, this bill establishes a new allocation category  
            to target low-income households located outside DACs such as  
            rural communities in northern and southeastern California as  
            well as urban districts in places like the Bay Area and San  
            Diego regions.


            This bill currently provides an unspecified percentage of  
            cap-and-trade revenues for projects that directly benefit  
            low-income households.  In order to add fairness and balance,  
            Environmental Justice advocates and others propose specifying  
            25% for low-income households.  Under this proposal, 50%  
            (rather than 75% under current law) of all funds would still  
            be available for communities and households other than  
            low-income and those not located in DACs.   The author  
            continues to work with stakeholders and others to determine  
            the appropriate percentage for this category.


            The author may also wish to clarify that the percentage of  
            funds allocated for low-income households may also be used to  
            benefit communities or populations comprised predominantly of  
            low-income residents.





          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081















                                                                    AB 1550


                                                                    Page  6