Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2408

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

February 19, 2016

An act to amend Section begin delete 12087.5 of the Government end delete begin insert 39712 of the Health and Safety end insert Code, relating to begin delete energy efficiency. end delete begin insert greenhouse gases. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2408, as amended, Eggman. begin delete Energy Efficiency Low-Income Weatherization Program. end delete begin insert Greenhouse Gas Reduction Fund. end insert

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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 state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990, to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. 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 from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law authorizes the allocation of moneys from the fund for the purpose of reducing emissions of greenhouse gases through various types of investments.

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This bill would authorize the allocation of moneys from the fund to maximize the delivery of integrated greenhouse gas reduction projects for households in low-income and disadvantaged communities. The bill would require state agencies and departments administering grant programs receiving an allocation from the fund to update the guidelines for their grant programs to promote the coordination of the grantees. The bill would require agencies to give funding priority to projects having certain characteristics.

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Existing law establishes the Department of Community Services and Development and requires the department to administer, among other things, the Energy Efficiency Low-Income Weatherization Program.

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This bill would make a nonsubstantive change to this provision.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 39712 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

39712.  

(a) (1) It is the intent of the Legislature that moneys
shall be appropriated from the fund only in a manner consistent
with the requirements of this chapter and Article 9.7 (commencing
with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title
2 of the Government Code.

(2) The state shall not approve allocations for a measure or
program using moneys appropriated from the fund except after
determining, based on the available evidence, that the use of those
moneys furthers the regulatory purposes of Division 25.5
(commencing with Section 38500) and is consistent with law. If
any expenditure of moneys from the fund for any measure or
project is determined by a court to be inconsistent with law, the
allocations for the remaining measures or projects shall be
severable and shall not be affected.

(b) Moneys shall be used to facilitate the achievement of
reductions of greenhouse gas emissions in this state consistent
with Division 25.5 (commencing with Section 38500) and, where
applicable and to the extent feasible:

(1) Maximize economic, environmental, and public health
benefits to the state.

(2) Foster job creation by promoting in-state greenhouse gas
emissions reduction projects carried out by California workers and
businesses.

(3) Complement efforts to improve air quality.

(4) Direct investment toward the most disadvantaged
communities and households in the state.

(5) Provide opportunities for businesses, public agencies,
nonprofits, and other community institutions to participate in and
benefit from statewide efforts to reduce greenhouse gas emissions.

(6) Lessen the impacts and effects of climate change on the
state’s communities, economy, and environment.

(c) Moneys appropriated from the fund may be allocated,
consistent with subdivision (a), for the purpose of reducing
greenhouse gas emissions in this state through investments that
may include, but are not limited to, any of the following:

(1) Funding to reduce greenhouse gas emissions through energy
efficiency, clean and renewable energy generation, distributed
renewable energy generation, transmission and storage, and other
related actions, including, but not limited to, at public universities,
state and local public buildings, and industrial and manufacturing
facilities.

(2) Funding to reduce greenhouse gas emissions through the
development of state-of-the-art systems to move goods and freight,
advanced technology vehicles and vehicle infrastructure, advanced
biofuels, and low-carbon and efficient public transportation.

(3) Funding to reduce greenhouse gas emissions associated with
water use and supply, land and natural resource conservation and
management, forestry, and sustainable agriculture.

(4) Funding to reduce greenhouse gas emissions through
strategic planning and development of sustainable infrastructure
projects, including, but not limited to, transportation and housing.

(5) Funding to reduce greenhouse gas emissions through
increased in-state diversion of municipal solid waste from disposal
through waste reduction, diversion, and reuse.

(6) Funding to reduce greenhouse gas emissions through
investments in programs implemented by local and regional
agencies, local and regional collaboratives, and nonprofit
organizations coordinating with local governments.

(7) Funding research, development, and deployment of
innovative technologies, measures, and practices related to
programs and projects funded pursuant to this chapter.

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(8) Funding to maximize the delivery of integrated greenhouse
gas reduction projects, including, but not limited to, advanced
clean vehicles, carsharing and vanpools, low-income rooftop solar,
energy efficiency and weatherization, organic waste diversion and
compost development, and drought-tolerant lawn, park, and urban
greening projects, for households in low-income and disadvantaged
communities.

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(d) (1) For purposes of this subdivision, “grant program”
means a program receiving an allocation from the fund that
provides grants to entities implementing programs to provide
benefits to eligible members of the public.

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(2) State agencies administering grant programs shall update
their program guidelines to promote coordination of grantees
implementing regional and neighborhood programs with other
grantees of grant programs, including those administered by other
state agencies, to encourage both of the following:

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(A) The use of a single or coordinated application by grantees
to determine the eligibility of a member of the public for benefits
provided by the regional and neighborhood programs.

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(B) The use of a single mechanism by grantees to report to the
granting agencies on the efficacy of their programs, to the extent
feasible.

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(3) State agencies administering grant programs shall update
their guidelines to authorize the use of a percentage of the grant
moneys to provide technical assistance to members of the public
in applying for benefits under the grantee’s program.

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(e) In evaluating projects receiving an allocation from the fund,
state agencies shall give priority to projects that demonstrate one
or more of the following characteristics:

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(1) Coordination with applicants of grant programs, including
grant programs administered by other state agencies, to maximize
the benefits to the public.

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(2) The ability to leverage additional public and private funding.

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(3) The potential for multibenefits.

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(4) The potential for replication of the project.

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(5) The use of existing regional infrastructure and institutions.

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(6) The utilization of the services of a state-certified community
conservation corps.

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SECTION 1.  

Section 12087.5 of the Government Code is
amended to read:

12087.5.  

(a) The department shall develop and administer the
Energy Efficiency Low-Income Weatherization Program and
expend moneys appropriated by the Legislature for the proposes
of the program.

(b) The department may develop requirements, guidelines, and
subgrantee contract provisions for the program.

(c) Before a subgrantee contract is executed for the provision
of local service, the department shall do both of the following:

(1) No less than 30 days before finalization of the program
guidelines, post the draft program guidelines on the department’s
Internet Web site.

(2) Hold a public hearing to obtain public input on the draft
program guidelines with notice of the hearing published
prominently on the department’s Internet Web site no less than 15
days before the hearing.

(d) Chapter 3.5 (commencing with Section 11340) of Part 1
shall not apply to the development and adoption of program
requirements, guidelines, and subgrantee contract provisions
pursuant to this section.

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