Amended in Assembly April 27, 2016

Amended in Assembly April 11, 2016

Amended in Assembly March 29, 2016

Amended in Assembly March 10, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2293


Introduced by Assembly Members Cristina Garcia, Alejo, Eggman, Eduardo Garcia, and Gomez

(Principal coauthor: Senator Leyva)

February 18, 2016


An act to addbegin delete Part 10 (commencing with Section 44480) to Division 26end deletebegin insert Sections 12812.7 and 12812.8 to the Government Code, and to amend Section 25244.17.2end insert of the Health and Safety Code, relating to greenhousebegin delete gases.end deletebegin insert gases, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2293, as amended, Cristina Garcia. begin deleteGreenhouse Gas Reduction Fund: end deletebegin insertCalifornia Green Business Programend insertbegin insert and end insertGreen Assistance Program.

begin insert

Existing law creates the California Environmental Protection Agency, consisting of various boards, offices, and departments, including the State Air Resources Board and the Department of Toxic Substances Control.

end insert

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.

begin insert

This bill would establish the Green Assistance Program within the California Environmental Protection Agency to, among other things, assist small businesses and small nonprofit organizations in applying for moneys from the Greenhouse Gas Reduction Fund.

end insert
begin insert

This bill would also establish the California Green Business Program within the California Environmental Protection Agency to provide support and assistance to green business certification programs operated by local governments that certify small- and medium-sized businesses that voluntarily adopt environmentally preferable business practices, including, but not limited to, increased energy efficiency, reduced greenhouse gas emissions, water conservation, and waste reduction, as specified. The bill would delete an existing authorization for the Department of Toxic Substances Control to create a similar program.

end insert
begin insert

The bill would appropriate an unspecified amount annually to each program from the Greenhouse Gas Reduction Fund.

end insert
begin delete

This bill would establish the Green Assistance Program, to be administered by the Secretary for Environmental Protection to, among other things, assist small businesses and small nonprofit organizations in applying for moneys from programs using moneys from the fund, as specified.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

The Legislature finds and declares both of the
2following:

3(a) Small businesses and small nonprofit organizations often
4lack the technical expertise to develop grant and financing options.

P3    1(b) For the state to meet its air quality goals, every business and
2community must have the same opportunity to compete for funding
3that is available to meet those air quality goals.

4begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12812.7 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
5read:end insert

begin insert
6

begin insert12812.7.end insert  

(a) For purposes of this section, the following
7definitions apply:

8
(1) “Fund” means the Greenhouse Gas Reduction Fund
9established pursuant to Section 16428.8.

10
(2) “Secretary” means the Secretary for Environmental
11Protection.

12
(3) “Small business” shall have the same meaning as defined
13in Section 14837.

14
(b) The Green Assistance Program is hereby established within
15the California Environmental Protection Agency to be administered
16by the secretary. The program shall do all of the following:

17
(1) Provide technical assistance, including assistance with the
18development of competitive project proposals, to small businesses
19and small nonprofit organizations applying for an allocation of
20moneys from the fund.

21
(2) Assist small businesses in applying for funding for energy
22upgrades to meet and exceed the greenhouse gas emission
23reductions established pursuant to Section 38560 of the Health
24and Safety Code.

25
(3) Advise small businesses in complying with all applicable
26federal, state, and local air quality laws.

27
(4) Identify state agencies with appropriate grant programs.

28
(5) Coordinate existing local programs to reduce greenhouse
29gas emissions with new programs receiving moneys from the fund.

30
(c) Notwithstanding Section 13340, the sum of ____ million
31dollars ($____) is hereby appropriated annually, without regard
32to fiscal years, from the fund to the secretary for purposes of the
33Green Assistance Program. Notwithstanding this appropriation,
34the Department of Finance may elect to fund the program instead
35from moneys made available to the Affordable Housing and
36Sustainable Communities Program pursuant to subparagraph (C)
37of paragraph (1) of subdivision (b) of Section 39719 of the Health
38and Safety Code.

end insert
39begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 12812.8 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
40read:end insert

begin insert
P4    1

begin insert12812.8.end insert  

(a) The California Green Business Program is hereby
2established within the California Environmental Protection Agency
3to be administered by the Secretary for Environmental Protection.
4The program shall provide support and assistance to green
5business certification programs operated by local governments
6that certify small- and medium-sized businesses that voluntarily
7adopt environmentally preferable business practices, including,
8but not limited to, increased energy efficiency, reduced greenhouse
9gas emissions, water conservation, and waste reduction.

10
(b) The California Green Business Program, pursuant to
11subdivision (a), may do any of the following:

12
(1) Assist local governments in the development and
13implementation of guidelines and structures that establish and
14promote a level of consistency among green business certification
15programs throughout the state.

16
(2) Promote early adoption of environmental initiatives at
17participating businesses and provide a publicly recognizable
18incentive for participating businesses to make their operations
19more sustainable and profitable in order to gain measurable
20environmental outcomes.

21
(3) Develop technical guidance on greenhouse gas emissions
22reduction measures, conduct industry studies and pilot projects,
23establish metrics, and provide policy coordination for the green
24business certification programs operated by local governments.

25
(4) Develop tools, templates, and outreach campaigns on behalf
26of the green business certification programs operated by local
27governments to encourage business participation and public
28recognition of the certification as a reliable indicator of
29sustainability.

30
(5) Support, through staffing and contacts, the funding for
31on-the-ground professionals specializing in technical assistance
32for small- and medium-sized businesses seeking green business
33certification and for public involvement to recruit additional
34participating businesses.

35
(6) Support, in collaboration with the Green Assistance Program
36established pursuant to Section 12812.7, the provision of technical
37assistance to small businesses and small nonprofit organizations
38to develop project proposals for grant programs funded by the
39Greenhouse Gas Reduction Fund.

P5    1
(7) Provide for collaboration between the green business
2certification programs operated by local governments and state
3agencies that operate small business efficiency and economic
4development programs, including the Governor’s Office of Business
5and Economic Development and the Department of Community
6Services and Development, and with the Public Utilities
7Commission, the State Energy Resources Conservation and
8Development Commission, the Department of Water Resources,
9and the boards, offices, and departments within the California
10Environmental Protection Agency pursuant to Section 12812. The
11nature of the collaboration may include attempting to meet and
12measure state-mandated conservation efforts at small- and
13medium-sized businesses, developing methods to collect, measure,
14and report on environmental outcomes, and using green businesses
15as the early adopters of environmental initiatives that lead to
16greenhouse gas emissions reductions.

17
(8) Maintain and enhance a common network database
18integrating measurable pollution reductions and cost savings to
19 businesses seeking green business certification through the local
20government programs and add participating businesses that receive
21the certification to a directory of certified green businesses, that
22would be used to promote the certified businesses both to other
23businesses that are seeking to green their supply chain and to
24consumers seeking to support sustainable businesses.

25
(9) Position certified green businesses as supply-chain partners
26for state, national, and international companies seeking green
27supply-chain partners.

28
(10) Solicit participation of additional local government
29programs and facilitate the startup of new local programs,
30including extra support and a specific prioritized focus on
31assistance for disadvantaged communities that lack local funding
32and resources to develop a program.

33
(11) Provide funding to local government programs for staff
34support and provide additional resources and funding for direct
35rebates and grants to certified green businesses.

36
(c) Notwithstanding Section 13340, the sum of ____ dollars
37($____) is hereby appropriated annually, without regard to fiscal
38years, from the Greenhouse Gas Reduction Fund established
39pursuant to Section 16428.8 to the Secretary for Environmental
40Protection for purposes of the California Green Business Program.
P6    1Notwithstanding this appropriation, the Department of Finance
2may elect to fund the program instead from moneys made available
3to the Affordable Housing and Sustainable Communities Program
4pursuant to subparagraph (C) of paragraph (1) of subdivision (b)
5of Section 39719 of the Health and Safety Code. Of the amount
6made available to the California Green Business Program, a
7minimum of 25 percent shall be used for local government
8programs benefitting disadvantaged communities pursuant to
9Section 39713 of the Health and Safety Code.

end insert
10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 25244.17.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
11amended to read:end insert

12

25244.17.2.  

(a) begin delete(1)end deletebegin deleteend deleteThe department may provide pollution
13prevention training and resources to CUPAs, small business
14development corporations, business environmental assistance
15centers, and other regional and local government environmental
16programs so that they can provide technical assistance to businesses
17in identifying and applying methods of pollution prevention.

begin delete

18(2)

end delete

19begin insert(b)end insert The activities conducted pursuant tobegin delete paragraph (1)end delete
20begin insert subdivision (a)end insert shall emphasize activities necessary to implement
21Sections 25244.17 and 25244.17.1.

begin delete

22(b) As part of implementing the program authorized by this
23section, the department may develop a California Green Business
24Program that provides support and assistance to programs operated
25by local governments to meet the requirement of subdivision (c)
26and that would voluntarily certify small businesses that adopt
27environmentally preferable business practices, including, but not
28limited to, increased energy efficiency, reduced greenhouse gas
29emissions, promotion of water conservation, and reduced waste
30generation. The department’s California Green Business Program
31may do any or all of the following:

32(1) Assist the network of statewide local government programs
33in implementing guidelines and structures that establish and
34promote a level of consistency among green business programs
35across the state.

36(2) Support, through staffing and contracts, the development
37and maintenance of a statewide database to register small
38businesses granted green business certification, or its equivalent,
39pursuant to a local government program, and track measurable
40pollution reductions and cost savings.

P7    1(3) Solicit participation of additional local programs and
2facilitate the startup of new local programs.

3(4) Develop technical guidance on pollution prevention
4measures, conduct industry studies and pilot projects, and provide
5policy coordination for the participating local programs.

6(5) Collaborate with relevant state agencies that operate small
7 business efficiency and economic development programs,
8including, but not limited to, the Department of Resources
9Recycling and Recovery, the Public Utilities Commission, the
10State Energy Resources Conservation and Development
11Commission, the State Air Resources Board, and the Department
12of Water Resources.

13(c) The department may provide support and assistance to a
14local government program to enable the program to meet all of
15the following requirements:

16(1) The program will be operated by a local government or its
17designee.

18(2) The program will adopt industry-specific standards for green
19business certification, or its equivalent, in consultation with the
20other participants in the California Green Business Program.

21(3) The program will grant a small business that voluntarily
22applies to the program a green business certification or its
23equivalent, only upon a determination by the program operator or
24designee that the business is a small business, as determined by
25the program, and complies with the industry-specific standards for
26green business certification adopted pursuant to paragraph (2).

27(4) The program will grant a green business certification, or its
28equivalent, to small businesses, as determined by the program, in
29accordance with all of the following requirements:

30(A) Before the program grants green business certification or
31its equivalent, the program conducts an evaluation to verify
32compliance with the appropriate green business certification
33standards adopted pursuant to paragraph (2).

34(B) A green business certification or its equivalent is granted
35only to an individual location of a small business.

36(C) A green business certification or its equivalent is granted
37to an individual small business only for a limited time period, and,
38after the elapse of that time period, the small business is required
39to reapply for that certification.

P8    1(D) Compliance with applicable federal, state, and local
2environmental laws and regulations is required as a condition of
3receiving a green business certification or its equivalent.

4(d) The department may determine, in consultation with the
5advisory committee, the most effective methods to promote
6implementation of pollution prevention education programs by
7CUPAs, small business development corporations, business
8environmental assistance centers, and other regional and local
9government environmental programs. Program elements may
10include, but are not limited to, all of the following:

11(1) Sponsoring workshops, conferences, technology fairs, and
12other training events.

13(2) Sponsoring regional training groups, such as the regional
14hazardous waste reduction committees.

15(3) Developing and distributing educational materials, such as
16short descriptions of successful pollution prevention projects and
17materials explaining how pollution prevention has been used by
18businesses to achieve compliance with environmental laws
19enforced by local governments.

20(4) Developing site review checklists, training manuals, and
21technical resource manuals and using those resources to train
22CUPAs, small business development corporations, business
23environmental assistance centers, and other regional and local
24 government environmental programs.

25(5) Preparing and distributing resource lists such as lists of
26vendors, consultants, or providers of financial assistance for
27pollution prevention projects.

28(6) Serving as an information clearinghouse to support telephone
29and onsite consultants with local governments.

end delete
begin delete
30

SEC. 2.  

Part 10 (commencing with Section 44480) is added to
31Division 26 of the Health and Safety Code, to read:

32 

33PART 10.  Green Assistance Program

34

 

35

44480.  

For purposes of this part, the following definitions
36apply:

37(a) “Fund” means the Greenhouse Gas Reduction Fund,
38established pursuant to Section 16428.8 of the Government Code.

39(b) “Secretary” means the Secretary for Environmental
40Protection.

P9    1

44481.  

The Green Assistance Program is hereby established
2and shall be administered by the secretary. The program shall do
3all of the following:

4(a) Provide technical assistance, including the development of
5competitive project proposals, to small businesses and small
6nonprofit organizations when applying for an allocation of moneys
7from the fund.

8(b) Assist small businesses in applying for funding for energy
9efficiency upgrades to meet and exceed the greenhouse gas
10emission reductions established pursuant to Section 38560.

11(c) Advise small businesses in complying with all applicable
12federal, state, and local air quality laws.

13(d) Identify state agencies with appropriate grant programs.

14(e) Coordinate existing local programs to reduce greenhouse
15gas emissions with new programs receiving moneys from the fund.

end delete


O

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