Amended in Assembly March 7, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1815


Introduced by Assembly Member Alejo

February 8, 2016


An act to amend Section 39713 of, and to add Section 39713.5 to, the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 1815, as amended, Alejo. California Global Warming Solutions Act of 2006: disadvantaged communities.

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. Existing law requires the California Environmental Protection Agency to identify disadvantaged communities and requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law requires the 3-year investment plan to allocate a minimum of 25% of the available moneys in the fund to projects that provide benefits to disadvantaged communities.

This bill would require thebegin delete state boardend deletebegin insert agencyend insert to prepare and post on its Internet Web site a specified report on the projects funded to benefit disadvantaged communities.

This bill wouldbegin insert alsoend insert require thebegin delete state boardend deletebegin insert agencyend insert to establish a comprehensive technical assistance program, upon the appropriation of moneys from the Greenhouse Gas Reduction Fund, for eligible applicants, as specified, assisting eligible communities, as defined.

This bill also would require the department to include in the 3-year investment plan an allocation to thebegin delete state boardend deletebegin insert agencyend insert for that technical assistance program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 39713 of the Health and Safety Code is
2amended to read:

3

39713.  

(a) The investment plan developed and submitted to
4the Legislature, pursuant to Section 39716, shall allocate a
5minimum of 25 percent of the available moneys in the fund to
6projects that provide benefits to communities described in Section
739711.

8(b) The investment plan shall allocate a minimum of 10 percent
9of the available moneys in the fund to projects located within
10communities described in Section 39711.

11(c) The allocation pursuant to subdivision (b) may be, but need
12not be, for projects included, in whole or in part, in the set of
13projects supported by the allocation described in subdivision (a).

14(d) Thebegin delete state boardend deletebegin insert California Environmental Protection Agencyend insert
15 shall prepare and post on its Internet Web site a report on the
16projects funded pursuant to this section. The report shall include
17all of the following:

18(1) A general description of each project.

19(2) The location where each project will be implemented.

20(3) The estimated date of completion of each project.

21(4) The amount awarded to each project.

22(5) The status of any moneys in the fund that are not awarded
23pursuant to this section and the reasons those moneys have not
24been awarded.

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SEC. 2.  

Section 39713.5 is added to the Health and Safety
2Code
, to read:

3

39713.5.  

(a) For purposes of this section,begin delete “eligibleend deletebegin insert the
4following terms have the following meanings:end insert

begin insert

5(1) “Agency” means the California Environmental Protection
6Agency.

end insert

7begin insert(2)end insertbegin insertend insertbegin insert“Eligibleend insert communities” means census tracts identified as
8disadvantaged pursuant to Section 39711 or with median incomes
9at or below 80 percent of the statewide median income.

10(b) The investment plan developed and submitted to the
11Legislature pursuant to Section 39716 shall allocate from the
12available moneys in the fund technical assistance moneys to the
13begin delete state boardend deletebegin insert agencyend insert to implement this section. That allocation of
14technical assistance moneys shall not be used to satisfy the
15requirements of subdivisions (a) and (b) of Section 39713.

16(c) (1) Upon an appropriation of moneys from the fund, the
17begin delete state boardend deletebegin insert agencyend insert shall establish a comprehensive technical
18assistance program for eligible applicants assisting eligible
19communities that thebegin delete state boardend deletebegin insert agencyend insert determines require
20technical assistance in accessing programs allocated moneys
21appropriated from the fund.

22(2) Eligible applicants include, but are not limited to, regional
23agencies and nonprofit organizations coordinating with local
24governments.begin insert A city may be an eligible applicant if it has a
25population of 600,000 or less, as reported by the United States
26Census Bureau in the 2010 census.end insert

27(3) (A) Thebegin delete state board, in consultation with the California
28Environmental Protection Agency andend delete
begin insert agency, in consultation
29withend insert
agencies that administer programs using moneys appropriated
30from the fund, shall develop guidelines to implement this program
31consistent with this section.

32(B) Thebegin delete state boardend deletebegin insert agencyend insert shall provide an opportunity for
33public comment prior to finalizing the guidelines.

34(d) The begin delete state boardend delete begin insert agencyend insert shall prioritize technical assistance
35for those communities demonstrating the greatest need for
36increased capacity to access programs using moneys appropriated
37from the fund.

38(e) The program established pursuant to this section shall
39 provide assistance to eligible applicants with any of the following:

40(1) Identifying state agencies with appropriate grant programs.

P4    1(2) Developing competitive project proposals to apply for
2moneys available through state agencies or pursuant to this chapter.

3(3) Coordinating existing local programs to reduce greenhouse
4gas emissions with new programs receiving moneys pursuant to
5this chapter.

6(4) Conducting community outreach to residents of eligible
7 communities that thebegin delete state boardend deletebegin insert agencyend insert determines require
8technical assistance on consumer programs receiving state or local
9moneys pursuant to this chapter or for other programs that reduce
10greenhouse gas emissions.

11(f) Technical assistance provided pursuant to this section shall
12promote programs that reduce emissions of greenhouse gases and
13demonstrate a direct, meaningful benefit to eligible communities.
14Cobenefits of these programs may include, but are not limited to,
15improved air quality, improved water quality, improved public
16health, increased access to employment in clean energy, increased
17access to affordable housing and transit, reduced residential and
18commercial water use, and increased residential and commercial
19energy efficiency.



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