BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1550


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          (Without Reference to File)





          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1550 (Gomez)


          As Amended  August 23, 2016


          Majority vote


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          |ASSEMBLY:  |54-23 |(June 2, 2016) |SENATE: |      |(August 31,      |
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          Original Committee Reference:  NAT. RES.


          SUMMARY:  Requires that 25% of the Greenhouse Gas Reduction Fund  
          (GGRF) be spent on projects located within disadvantaged  
          communities (DACs), and requires that an additional 5% be spent  
          on projects that benefit low-income households.  


          The Senate amendments: 


          1)Reduce the amount dedicated for projects that benefit  
            low-income households from 20% to 5%. 









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          2)Allocate 5% of the GGRF to projects that benefit low-income  
            households and that are located within a half mile around a  
            disadvantaged community.  


          3)Specify that this bill will only become operative if AB 1613  
            (Committee on Budget) of the current legislative session is  
            chaptered and $205 million is appropriated from the GGRF.  


          4)Make related technical changes.  


          EXISTING LAW:  


          1)Requires the Air Resources Board (ARB), pursuant to California  
            Global Warming Solutions Act of 2006 (AB 32 (Núñez), Chapter  
            488, Statutes of 2006), to adopt a statewide greenhouse gas  
            (GHG) emissions limit equivalent to 1990 levels by 2020 and  
            adopt regulations to achieve maximum technologically feasible  
            and cost-effective GHG emission reductions.  AB 32 authorizes  
            ARB to permit the use of market-based compliance mechanisms to  
            comply with GHG reduction regulations, once specified  
            conditions are met.
          2)Establishes the GGRF and requires all moneys, except for fines  
            and penalties, collected by ARB from the auction or sale of  
            allowances pursuant to a market-based compliance mechanism  
            (i.e., the cap-and-trade program adopted by ARB under AB 32)  
            to be deposited in the GGRF and available for appropriation by  
            the Legislature.


          3)Establishes the GGRF Investment Plan and Communities  
            Revitalization Act to set procedures for the investment of GHG  
            allowance auction revenues.  Authorizes a range of GHG  
            reduction investments and establishes several policy  
            objectives, including: 


             a)   Maximize economic, environmental, and public health  








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               benefits; 
             b)   Foster job creation; 


             c)   Complement efforts to improve air quality; 


             d)   Direct investment toward the most disadvantaged  
               communities and households in the state; 


             e)   Provide opportunities for businesses, public agencies,  
               nonprofits, and other community institutions to participate  
               in and benefit from statewide efforts to reduce GHG  
               emissions; and, 


             f)   Lessen the impacts and effects of climate change on the  
               state's communities, economy, and environment. 


          4)Requires the investment plan to allocate a) a minimum of 25%  
            of the available moneys in the GGRF to projects that provide  
            benefits to identified DACs, and b) a minimum of 10% of the  
            available moneys in the GGRF to projects located within  
            identified DACs. 
          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee: 


          1)Increased GGRF expenditures in DACs and for low-income  
            households and to low-income communities. 


          2)Increased annual ongoing costs of up to $465,000 (GGRF) for  
            ARB to modify existing guidelines and tracking systems,  
            provide guidance to administering agencies, and conduct  
            outreach.


          3)Unknown cost to administering agencies to update tracking  
            systems, track GGRF expenditures in DACs and low-income  








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            communities, and report to ARB regarding expenditures in these  
            communities.  


          COMMENTS:  Since November 2012, ARB has conducted 15  
          cap-and-trade auctions, generating over $4 billion in proceeds  
          to the state.  State law requires auction revenues be used to  
          facilitate the achievement of GHG emissions reductions and  
          outlines various categories of allowable expenditures.  Statute  
          further requires Department of Finance (DOF), with ARB and any  
          other relevant state agency, to develop a three-year investment  
          plan for the auction proceeds, which are deposited in the GGRF.   



          SB 535 (de León), Chapter 830, Statutes of 2012 requires DOF, in  
          the investment plan, to allocate at least 25% of available  
          moneys in the GGRF to projects that provide benefits to DACs,  
          and at least 10% to projects located within DACs.  Additionally,  
          SB 862 (Committee on Budget and Fiscal Review), Chapter 36,  
          Statutes of 2014 requires ARB to develop guidelines on  
          maximizing benefits for DACs by agencies administering GGRF  
          funds, and guidance for administering agencies on GHG emissions  
          reduction reporting and quantification methods. 


          SB 862 (Committee on Budget and Fiscal Review), Chapter 36,  
          Statutes of 2014 continuously appropriated portions of the GGRF  
          for designated purposes.  The bill continuously appropriated 25%  
          for the state's high-speed rail project, 20% for affordable  
          housing and sustainable communities grants, 10% to the Transit  
          and Intercity Rail Capital Program, and 5% for low-carbon  
          transit operations.  The remaining 40% is available for annual  
          appropriation by the Legislature.  The Governor's 2016-17  
          proposed budget would have appropriated over $3 billion to a  
          variety of programs and projects in the transportation, energy,  
          natural resources, and waste diversion sectors.


          CalEnviroScreen was developed by the Office of Environmental  
          Health Hazard Assessment, at the request of CalEPA and pursuant  
          to SB 535, to identify those communities in California that are  








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          the most vulnerable and pollution-burdened.  Using  
          CalEnviroScreen, the California Environmental Protection Agency  
          (CalEPA) identified DACs throughout California in October 2014.   
          The current version incorporates 19 indicators, including those  
          for exposures, environmental effects, sensitive populations, and  
          socioeconomic factors.  Census tracts in the top 25th percentile  
          of cumulative CalEnviroScreen scores have been designated DACs  
          for the purposes of SB 535.  The areas where the majority of  
          DACs were identified included the San Joaquin Valley, parts of  
          Los Angeles and the Inland Empire, and large portions of the  
          Coachella Valley and Mojave Desert, in addition to communities  
          located near industrial areas and major roadways.


          In 2014, ARB published interim guidance for meeting the  
          requirements associated with GGRF appropriations, as well as  
          maximizing benefits to DACs, for agencies appropriated GGRF  
          moneys.  This guidance was finalized and released in late 2015.   
          In meeting the SB 535 requirement, the guidance states that  
          agencies should first assess whether projects will be located  
          within a DAC, as identified through CalEnviroScreen, and whether  
          the project will provide direct benefits to that community,  
          consistent with specific criteria in the guidance document for  
          each program type.  If investments meet this requirement, then  
          the guidance specifies that the projects and administrative  
          funds count towards both the 10% and 25% requirements for GGRF  
          investments within, and providing benefits to, DACs.  


          If the project is not within the DAC, the guidance directs  
          agencies to evaluate whether the project provides direct,  
          meaningful, and assured benefits in accordance with specified  
          criteria for each project type.  Projects within a half-mile of  
          a DAC and that provide increased service or access to those  
          communities, or projects that result in at least 25% of project  
          work hours performed by residents of disadvantaged communities,  
          may count towards the 25% of GGRF money required to benefit  
          DACs.  


          AB 1532 (Pérez), Chapter 807, Statutes of 2012 requires DOF to  
          submit an annual report to the Legislature on the status and  








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          outcomes of projects funded from the GGRF.  The 2016 Annual  
          Report states that for implemented projects funded by GGRF, 51%  
          of investments provided benefits to DACs, and 39% of GGRF  
          investments were for projects located within DACs.


          Analysis Prepared by:                                             
                          Elizabeth MacMillan / NAT. RES. / (916) 319-2092  
                                                                         
          FN: 0004911