California Legislature—2015–16 Regular Session

Assembly BillNo. 1657


Introduced by Assembly Member O'Donnell

January 13, 2016


An act to add Chapter 4.3 (commencing with Section 39740) to Part 2 of Division 26 of the Health and Safety Code, and to add Chapter 8.9 (commencing with Section 25790) to Division 15 of the Public Resources Code, relating to air pollution, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1657, as introduced, O'Donnell. Air pollution: public ports and intermodal terminals.

(1) 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.

This bill would establish the Zero- and Near-Zero-Emission Intermodal Terminals Program to be administered by the state board to fund equipment upgrades and investments at intermodal terminals, as defined, to help transition the state’s freight system to be zero-emission and near-zero-emission operations. The bill would authorize the program to be implemented with moneys from the Greenhouse Gas Reduction Fund.

(2) Existing law establishes the State Energy Resources Conservation and Development Commission and requires the commission to administer various programs to award grants and other financial assistance for energy-related projects.

This bill would establish the Port Building and Lighting Efficiency Greenhouse Gas Reduction Fund Program to be administered by the commission for the purpose of funding energy efficiency upgrades and investments at public ports that help reduce electrical load and increase on-site renewable generation. The bill would authorize the program to be implemented with moneys from the Greenhouse Gas Reduction Fund.

(3) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. 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.  

Chapter 4.3 (commencing with Section 39740)
2is added to Part 2 of Division 26 of the Health and Safety Code,
3to read:

4 

5Chapter  4.3. Zero- and Near-Zero-Emission Intermodal
6Terminals Program
7

 

8

39740.  

For purposes of this section, “intermodal terminal” has
9the same meaning as defined in the California Freight Mobility
10Plan developed by the Transportation Agency.

11

39742.  

(a) The Zero- and Near-Zero-Emission Intermodal
12Terminals Program is hereby established to be administered by
13the state board to fund equipment upgrades and investments at
14intermodal terminals to help transition the state’s freight system
15to be zero-emission and near-zero-emission operations.

16(b) Moneys from the Greenhouse Gas Reduction Fund, created
17pursuant to Section 16428.8 of the Government Code, shall be
18available, upon appropriation by the Legislature, to implement this
19chapter consistent with paragraph (1) of subdivision (c) of Section
2039712.

21

39744.  

Eligible projects shall include, but need not be limited
22to, any of the following:

P3    1(a) The early deployment of zero-emission and
2near-zero-emission equipment that handles the transfer of cargo
3at intermodal terminals.

4(b) The installation of infrastructure necessary for the
5deployment of zero-emission and near-zero-emission equipment,
6including, but not limited to, fueling infrastructure at intermodal
7terminals.

8(c) Other projects that facilitate the transition of cargo handling
9equipment to zero-emission and near-zero-emission equipment.

10

39746.  

The state board shall develop and adopt program
11guidelines that do all of the following:

12(a) Are consistent with the California Global Warming Solutions
13Act of 2006 (Division 25.5 (commencing with Section 38500))
14and the Greenhouse Gas Reduction Fund Investment Plan and
15Communities Revitalization Act (Chapter 4.1 (commencing with
16Section 39710)).

17(b) Include baseline equipment eligibility with respect to the
18types of equipment that will satisfy the zero-emission and
19near-zero-emission requirement, subject to feasibility requirements
20adopted by the state board.

21(c) Establish limits on award amounts so that no one project or
22entity receives more than 50 percent of the program funding.

23

39748.  

In allocating moneys pursuant to this chapter, the state
24board shall consider all of the following:

25(a) The impact of the investment on freight system efficiency.

26(b) The degree to which the investment facilitates transition of
27the freight system to zero or near-zero emissions.

28(c) The impact on the cost and competitiveness of the state’s
29freight sector.

30(d) The reduction of greenhouse gases.

31

SEC. 2.  

Chapter 8.9 (commencing with Section 25790) is added
32to Division 15 of the Public Resources Code, to read:

33 

34Chapter  8.9. Port Building and Lighting Efficiency
35Greenhouse Gas Reduction Fund Program
36

 

37

25790.  

(a) The Port Building and Lighting Efficiency
38Greenhouse Gas Reduction Fund Program is hereby established
39to be administered by the commission for the purpose of funding
40energy efficiency upgrades and investments at public ports that
P4    1help reduce electrical load and increase on-site renewable
2generation.

3(b) Moneys from the Greenhouse Gas Reduction Fund, created
4pursuant to Section 16428.8 of the Government Code, shall be
5available, upon appropriation by the Legislature, to implement this
6chapter consistent with paragraph (1) of subdivision (c) of Section
739712 of the Health and Safety Code.

8

25792.  

Eligible projects shall include, but need not be limited
9to, any of the following:

10(a) The installation of renewable technologies at marine
11terminals and at warehouses and other freight facilities at public
12ports.

13(b) The replacement of conventional lighting at public ports.

14(c) The implementation of energy efficiency measures that
15reduce grid-based energy demand from operations at public ports.

16(d) Other projects that add to the electrification of public ports
17and reduce greenhouse gases.

18

25794.  

The commission shall develop and adopt program
19guidelines that are consistent with the California Global Warming
20Solutions Act of 2006 (Division 25.5 (commencing with Section
2138500)).

22

25796.  

(a) To receive funding pursuant to this chapter, all of
23the following shall occur:

24(1) A public port shall develop and adopt, in consultation with
25the respective electrical corporation, as defined in Section 218 of
26the Public Utilities Code, or local publicly owned electric utility,
27as defined in Section 224.3 of the Public Utilities Code, providing
28service to the port, an energy plan that meets all of the following
29criteria:

30(A) (i) Is reviewed and approved by the commission.

31(ii) The commission shall require any proposed changes to be
32made before approving the plan.

33(B) Adheres to the state’s preferred energy loading order and
34requires benchmarking for energy retrofit projects and the reporting
35of measurable energy savings.

36(2) The project applicant shall demonstrate that the project will
37achieve a reduction in greenhouse gases.

38(b) In prioritizing projects for awarding funding, the commission
39shall consider the extent to which a project would reduce emissions
40of greenhouse gases and provide environmental and public health
P5    1cobenefits, including, but not limited to, improved air and water
2quality.

3

SEC. 3.  

This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:

7In order to implement at the earliest possible time programs to
8provide incentives for the transition of goods movement equipment
9to zero- and near-zero-emission technology and the reduction of
10greenhouse gases at public ports, it is necessary for this act to take
11effect immediately.



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