BILL NUMBER: AB 1697 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Bonilla
JANUARY 21, 2016
An act to amend Section 85309 of the Government Code,
relating to the Political Reform Act of 1974, and declaring the
urgency thereof, to take effect immediately. An act to
amend Section 44272 of the Health and Safety Code, relating to
vehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1697, as amended, Bonilla. Political Reform Act of
1974: contributions. Alternative and Renewable Fuel
and Vehicle Technology Program.
Existing law establishes the Alternative and Renewable Fuel and
Vehicle Technology Program, administered by the State Energy
Resources Conservation and Development Commission. Existing law
requires the program to provide funding measures to certain entities
to develop and deploy innovative technologies that transform
California's fuel and vehicle types to help attain the state's
climate change policies. Existing law requires the commission to
provide preferences to projects that maximize the goals of the
program based on certain criteria, including the project's ability to
provide economic benefits for California by promoting
California-based technology firms, jobs, and businesses.
This bill would add a project's ability to provide a path for
trained workers to transition to jobs in the clean technology and
renewable fuels sectors and a project's ability to promote employment
of trained workers in those sectors as additional criteria on which
preference under the program shall be provided.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign
committees. The act requires that a candidate for elective state
office or a committee primarily formed to support or oppose a state
ballot measure, if the candidate or committee has reportable
contributions or expenditures of $25,000 or more, file a report with
the Secretary of State disclosing the receipt of a contribution of
$1,000 or more during an election cycle, as defined, within 24 hours
of receiving the contribution. At times other than during the
election cycle, the act requires those candidates and committees to
file a report for contributions of $5,000 or more within 10 business
days of receipt of the contribution. Existing law makes a knowing or
willful violation of the Political Reform Act of 1974 a misdemeanor
and subjects offenders to criminal penalties.
This bill would modify these reporting requirements to instead
require the above-described candidates and committees, and a
committee that makes an expenditure in support of or opposition to
candidates for elective state office or state ballot measures, to
file a report with the Secretary of State disclosing the receipt of a
contribution of $1,000 or more during an election cycle within 24
hours of receipt of the contribution. At times other than during an
election cycle, the bill would require those candidates and
committees to file a report for contributions of $1,000 or more
within 5 business days of receipt of the contribution. Because this
bill would expand the definition of an existing crime, it would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44272 of the Health
and Safety Code is amended to read:
44272. (a) The Alternative and Renewable Fuel and Vehicle
Technology Program is hereby created. The program shall be
administered by the commission. The commission shall implement the
program by regulation pursuant to the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The program shall provide, upon appropriation
by the Legislature, competitive grants, revolving loans, loan
guarantees, loans, or other appropriate funding measures,
measures to public agencies, vehicle and
technology entities, businesses and projects, public-private
partnerships, workforce training partnerships and collaboratives,
fleet owners, consumers, recreational boaters, and academic
institutions to develop and deploy innovative technologies that
transform California's fuel and vehicle types to help attain the
state's climate change policies. The emphasis of this program shall
be to develop and deploy technology and alternative and renewable
fuels in the marketplace, without adopting any one preferred fuel or
technology.
(b) A project that receives more than seventy-five thousand
dollars ($75,000) in funds from the commission shall be approved at a
noticed public meeting of the commission and shall be consistent
with the priorities established by the investment plan adopted
pursuant to Section 44272.5. Under this article, the commission may
delegate to the commission's executive director, or his or her
designee, the authority to approve either of the following:
(1) A contract, grant, loan, or other agreement or award that
receives seventy-five thousand dollars ($75,000) or less in funds
from the commission.
(2) Amendments to a contract, grant, loan, or other agreement or
award as long as the amendments do not increase the amount of the
award, change the scope of the project, or modify the purpose of the
agreement.
(c) The commission shall provide preferences to those projects
that maximize the goals of the Alternative and Renewable Fuel and
Vehicle Technology Program, based on the following criteria, as
applicable:
(1) The project's ability to provide a measurable transition from
the nearly exclusive use of petroleum fuels to a diverse portfolio of
viable alternative fuels that meet petroleum reduction and
alternative fuel use goals.
(2) The project's consistency with existing and future state
climate change policy and low-carbon fuel standards.
(3) The project's ability to reduce criteria air pollutants and
air toxics and reduce or avoid multimedia environmental impacts.
(4) The project's ability to decrease, on a life-cycle basis, the
discharge of water pollutants or any other substances known to damage
human health or the environment, in comparison to the production and
use of California Phase 2 Reformulated Gasoline or diesel fuel
produced and sold pursuant to California diesel fuel regulations set
forth in Article 2 (commencing with Section 2280) of Chapter 5 of
Division 3 of Title 13 of the California Code of Regulations.
(5) The project does not adversely impact the sustainability of
the state's natural resources, especially state and federal lands.
(6) The project provides nonstate matching funds. Costs incurred
from the date a proposed award is noticed may be counted as nonstate
matching funds. The commission may adopt further requirements for the
purposes of this paragraph. The commission is not liable for costs
incurred pursuant to this paragraph if the commission does not give
final approval for the project or the proposed recipient does not
meet requirements adopted by the commission pursuant to this
paragraph.
(7) The project provides economic benefits for California by
promoting California-based technology firms, jobs, and businesses.
(8) The project uses existing or proposed fueling infrastructure
to maximize the outcome of the project.
(9) The project's ability to reduce on a life-cycle assessment
greenhouse gas emissions by at least 10 percent, and higher
percentages in the future, from current reformulated gasoline and
diesel fuel standards established by the state board.
(10) The project's use of alternative fuel blends of at least 20
percent, and higher blend ratios in the future, with a preference for
projects with higher blends.
(11) The project drives new technology advancement for vehicles,
vessels, engines, and other equipment, and promotes the deployment of
that technology in the marketplace.
(12) The project's ability to provide a path for trained workers
to transition to jobs in the clean technology and renewable fuels
sectors.
(13) The project's ability to promote employment of trained
workers in the clean technology and renewable fuels sectors.
(d) The commission shall rank applications for projects proposed
for funding awards based on solicitation criteria developed in
accordance with subdivision (c), and shall give additional preference
to funding those projects with higher benefit-cost scores.
(e) Only the following shall be eligible for funding:
(1) Alternative and renewable fuel projects to develop and improve
alternative and renewable low-carbon fuels, including electricity,
ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and
biomethane, among others, and their feedstocks that have high
potential for long-term or short-term commercialization, including
projects that lead to sustainable feedstocks.
(2) Demonstration and deployment projects that optimize
alternative and renewable fuels for existing and developing engine
technologies.
(3) Projects to produce alternative and renewable low-carbon fuels
in California.
(4) Projects to decrease the overall impact of an alternative and
renewable fuel's life cycle carbon footprint and increase
sustainability.
(5) Alternative and renewable fuel infrastructure, fueling
stations, and equipment. The preference in paragraph (10) of
subdivision (c) shall not apply to renewable diesel or biodiesel
infrastructure, fueling stations, and equipment used solely for
renewable diesel or biodiesel fuel.
(6) Projects to develop and improve light-, medium-, and
heavy-duty vehicle technologies that provide for better fuel
efficiency and lower greenhouse gas emissions, alternative fuel usage
and storage, or emission reductions, including propulsion systems,
advanced internal combustion engines with a 40 percent or better
efficiency level over the current market standard, lightweight
materials, intelligent transportation systems, energy storage,
control systems and system integration, physical measurement and
metering systems and software, development of design standards and
testing and certification protocols, battery recycling and reuse,
engine and fuel optimization electronic and electrified components,
hybrid technology, plug-in hybrid technology, battery electric
vehicle technology, fuel cell technology, and conversions of hybrid
technology to plug-in technology through the installation of safety
certified supplemental battery modules.
(7) Programs and projects that accelerate the commercialization of
vehicles and alternative and renewable fuels including buy-down
programs through near-market and market-path deployments, advanced
technology warranty or replacement insurance, development of market
niches, supply-chain development, and research related to the
pedestrian safety impacts of vehicle technologies and alternative and
renewable fuels.
(8) Programs and projects to retrofit medium- and heavy-duty
onroad and nonroad vehicle fleets with technologies that create
higher fuel efficiencies, including alternative and renewable fuel
vehicles and technologies, idle management technology, and
aerodynamic retrofits that decrease fuel consumption.
(9) Infrastructure projects that promote alternative and renewable
fuel infrastructure development connected with existing fleets,
public transit, and existing transportation corridors, including
physical measurement or metering equipment and truck stop
electrification.
(10) Workforce training programs related to alternative and
renewable fuel feedstock production and extraction, renewable fuel
production, distribution, transport, and storage, high-performance
and low-emission vehicle technology and high tower electronics,
automotive computer systems, mass transit fleet conversion,
servicing, and maintenance, and other sectors or occupations related
to the purposes of this chapter.
(11) Block grants or incentive programs administered by public
entities or not-for-profit technology entities for multiple projects,
education and program promotion within California, and development
of alternative and renewable fuel and vehicle technology centers. The
commission may adopt guidelines for implementing the block grant or
incentive program, which shall be approved at a noticed public
meeting of the commission.
(12) Life cycle and multimedia analyses, sustainability and
environmental impact evaluations, and market, financial, and
technology assessments performed by a state agency to determine the
impacts of increasing the use of low-carbon transportation fuels and
technologies, and to assist in the preparation of the investment plan
and program implementation.
(13) A program to provide funding for homeowners who purchase a
plug-in electric vehicle to offset costs associated with modifying
electrical sources to include a residential plug-in electric vehicle
charging station. In establishing this program, the commission shall
consider funding criteria to maximize the public benefit of the
program.
(f) The commission may make a single source or sole source award
pursuant to this section for applied research. The same requirements
set forth in Section 25620.5 of the Public Resources Code shall apply
to awards made on a single source basis or a sole source basis. This
subdivision does not authorize the commission to make a single
source or sole source award for a project or activity other than for
applied research.
(g) The commission may do all of the following:
(1) Contract with the Treasurer to expend funds through programs
implemented by the Treasurer, if the expenditure is consistent with
all of the requirements of this article and Article 1 (commencing
with Section 44270).
(2) Contract with small business financial development
corporations established by the Governor's Office of Business and
Economic Development to expend funds through the Small Business Loan
Guarantee Program if the expenditure is consistent with all of the
requirements of this article and Article 1 (commencing with Section
44270).
(3) Advance funds, pursuant to an agreement with the commission,
to any of the following:
(A) A public entity.
(B) A recipient to enable it to make advance payments to a public
entity that is a subrecipient of the funds and under a binding and
enforceable subagreement with the recipient.
(C) An administrator of a block grant program.
SECTION 1. Section 85309 of the Government Code
is amended to read:
85309. (a) In addition to any other report required by this
title, if a candidate for elective state office, or a committee that
makes an expenditure in support of or opposition to one or more
candidates for elective state office or state ballot measures, is
required to file reports pursuant to Section 84605, that candidate or
committee shall file online or electronically with the Secretary of
State a report disclosing receipt of a contribution of one thousand
dollars ($1,000) or more. Those reports shall disclose the same
information required by subdivision (a) of Section 84203. A report of
a contribution received during an election cycle shall be filed
within 24 hours of receipt of the contribution. A report of a
contribution received at any time other than during an election cycle
shall be filed within five business days of receipt of the
contribution.
(b) In addition to any other report required by this title, any
committee primarily formed to support or oppose one or more state
ballot measures that is required to file reports pursuant to Section
84605 shall file online or electronically with the Secretary of State
a report disclosing receipt of a contribution of one thousand
dollars ($1,000) or more. Those reports shall disclose the same
information required by subdivision (a) of Section 84203. A report of
a contribution received during an election cycle shall be filed
within 24 hours of receipt of the contribution. A report of a
contribution received at any time other than during an election cycle
shall be filed within five business days of receipt of the
contribution.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 3. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SEC. 4. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to protect the interests of Californians who are
empowered with the right to vote, it is appropriate that they be duly
informed regarding campaign contributions and expenditures that
affect elections. The need for greater transparency of campaign
contribution reports is vital to the interests of the State such that
this act must take effect immediately.