BILL NUMBER: AB 2408 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Members Eggman, Cristina Garcia, Eduardo
Garcia, and Gomez
FEBRUARY 19, 2016
An act to amend Section 12087.5 of the Government
39712 of the Health and Safety Code, relating to
energy efficiency. greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 2408, as amended, Eggman. Energy Efficiency Low-Income
Weatherization Program. Greenhouse Gas Reduction
Fund.
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.
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.
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.
This bill would make a nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 39712 of the Health
and Safety Code is amended to read:
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.
(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.
(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.
(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:
(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.
(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.
(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.
(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:
(1) Coordination with applicants of grant programs, including
grant programs administered by other state agencies, to maximize the
benefits to the public.
(2) The ability to leverage additional public and private funding.
(3) The potential for multibenefits.
(4) The potential for replication of the project.
(5) The use of existing regional infrastructure and institutions.
(6) The utilization of the services of a state-certified community
conservation corps.
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.