BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1550 (Gomez) - Greenhouse gases:  investment plan:   
          disadvantaged communities
          
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          |Version: May 31, 2016           |Policy Vote: E.Q. 5 - 1         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 8, 2016    |Consultant: Narisha Bonakdar    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 1550 requires 25 percent of the AB 32 Greenhouse  
          Gas Reduction Fund (GGRF) revenues to be spent on projects  
          located within and benefiting disadvantaged communities, and an  
          additional 20 percent to be spent on projects that benefit  
          low-income households or are within low-income communities, as  
          defined.  


          Fiscal  
          Impact:1)  

           Increased GGRF expenditures in disadvantaged communities (from  
            10 percent direct investment to 25 percent) and for low-income  
            households and to low-income communities (from 0 to 20  
            percent). 

           Increased annual ongoing costs of up to $465,000 (GGRF) for  
            the California Air Resources Board (ARB) to modify existing  
            guidelines and tracking systems, provide guidance to  







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            administering agencies, and conduct outreach.


           Unknown cost to administering agencies to update tracking  
            systems, track GGRF expenditures in in disadvantaged and  
            low-income communities, and report to ARB regarding  
            expenditures these communities.  


          Background:  
          
          The California Global Warming Solutions Act of 2006. 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.  Auction proceeds are quarterly deposited into  
          the GGRF, and 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 percent 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  
          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  








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          2015-16 revenues, along with 2016-17 revenues, totaling $3.1  
          billion are available for appropriation this year.  
          
          Disadvantaged and Low-income Communities.  SB 535 (De León,  
          Chapter 830, Statutes of 2012) requires that no less than 10  
          percent of cap-and-trade revenues fund projects located within  
          disadvantaged communities, and that 25 percent 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.



          Proposed Law:  
           This bill:
          1)Requires 25 percent of GGRF revenues to be spent on projects  
            located within and benefiting disadvantaged communities. 


          2)Requires 20 percent of GGRF revenues to be spent on low-income  
            households or to projects located within the boundaries of,  
            and benefiting individuals living in, low-income communities.


          3)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.









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          4)Defines "low-income communities" as census tracts with median  
            household incomes at or below 80 percent of the statewide  
            median income or with median household incomes at or below the  
            threshold designated as low income by the HCD's list of state  
            income limits adopted pursuant to Section 50093.


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




          Staff  
       Comments:1)  
          
          Purpose of Bill.  According to the author, "Low-income  
          communities and communities of color are and will continue to be  
          disproportionately impacted by the effects of our changing  
          climate.  As we think about how to structure our state's climate  
          programs - as we discuss percentages and parameters - this is a  
          reality we cannot ignore and must strive to remedy. AB 1550  
          builds on the successes of our climate equity efforts to date by  
          ensuring a greater investment in California's environmentally  
          and socioeconomically disadvantaged populations.  The bill  
          requires that at least 25% of cap-and-trade funds be spent on  
          projects located directly within disadvantaged communities, as  
          identified by the state's environmental health screening tool,  
          to ensure that the level of investment in DACs equals their  
          share of the population.  The bill also requires an additional  
          20% of funds to benefit low-income households.

          "While CalEnviroScreen is a valuable tool for capturing  
          cumulative impacts in communities, it is widely recognized that  
          there are poor and working-class households that lie outside of  
          DACs - but that struggle to make ends meet and spend a large  
          portion of their incomes on necessitates - such as energy,  
          water, housing, and transportation.  If we wish to foster a  
          shared, statewide commitment to tackling pressing environmental  
          issues, we must take advantage of opportunities to reduce  
          greenhouse gas emissions and build sustainable communities while  
          lifting poor and working Californians out of poverty.








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          "A greater investment in California's environmentally and  
          socioeconomically disadvantaged populations has the potential to  
          yield significant climate, public health, and cost benefits  
          while helping bridge the 'green divide'."

          Taking a larger piece out of a smaller pie. The most recent  
          auction in May of 2016 yielded a sale of only 2% of the state  
          allowances, resulting in only $10 million of cap-and-trade  
          revenues for the state (of the $500 million projected). This  
          bill would result in a larger portion of moneys for  
          disadvantaged communities and low-income households, which, in  
          turn, will result in a significant reduction of funds available  
          for emissions reduction projects in the rest of the state.  To  
          the extent that administering agencies focus on meeting the  
          requirements outlined in this bill more than funding projects  
          that yield the greatest GHG emission reductions, this bill could  
          result in less efficient and effective uses of GGRF monies.  


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