Amended in Assembly April 20, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2408


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

February 19, 2016


An act to amend Section 39712begin delete ofend deletebegin insert of, and to add Section 39712.5 to,end insert the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2408, as amended, Eggman. 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 agenciesbegin delete and departmentsend delete administering grantbegin delete programsend deletebegin insert programs, as defined,end insert receiving an allocation from the fund to update the guidelines for their grant programs tobegin delete promoteend deletebegin insert encourageend insert the coordination of the grantees. The bill would require agencies to give funding priority to projects having certain characteristics.

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

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

P2    1

SECTION 1.  

Section 39712 of the Health and Safety Code is
2amended to read:

3

39712.  

(a) (1) It is the intent of the Legislature that moneys
4shall be appropriated from the fund only in a manner consistent
5with the requirements of this chapter and Article 9.7 (commencing
6with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title
72 of the Government Code.

8(2) The state shall not approve allocations for a measure or
9program using moneys appropriated from the fund except after
10determining, based on the available evidence, that the use of those
11moneys furthers the regulatory purposes of Division 25.5
12(commencing with Section 38500) and is consistent with law. If
13any expenditure of moneys from the fund for any measure or
14project is determined by a court to be inconsistent with law, the
15allocations for the remaining measures or projects shall be
16severable and shall not be affected.

17(b) Moneys shall be used to facilitate the achievement of
18reductions of greenhouse gas emissions in this state consistent
19with Division 25.5 (commencing with Section 38500) and, where
20applicable and to the extent feasible:

21(1) Maximize economic, environmental, and public health
22benefits to the state.

23(2) Foster job creation by promoting in-state greenhouse gas
24emissions reduction projects carried out by California workers and
25businesses.

26(3) Complement efforts to improve air quality.

P3    1(4) Direct investment toward the most disadvantaged
2communities and households in the state.

3(5) Provide opportunities for businesses, public agencies,
4nonprofits, and other community institutions to participate in and
5benefit from statewide efforts to reduce greenhouse gas emissions.

6(6) Lessen the impacts and effects of climate change on the
7state’s communities, economy, and environment.

8(c) Moneys appropriated from the fund may be allocated,
9consistent with subdivision (a), for the purpose of reducing
10greenhouse gas emissions in this state through investments that
11may include, but are not limited to, any of the following:

12(1) Funding to reduce greenhouse gas emissions through energy
13efficiency, clean and renewable energy generation, distributed
14renewable energy generation, transmission and storage, and other
15related actions, including, but not limited to, at public universities,
16state and local public buildings, and industrial and manufacturing
17facilities.

18(2) Funding to reduce greenhouse gas emissions through the
19development of state-of-the-art systems to move goods and freight,
20advanced technology vehicles and vehicle infrastructure, advanced
21biofuels, and low-carbon and efficient public transportation.

22(3) Funding to reduce greenhouse gas emissions associated with
23water use and supply, land and natural resource conservation and
24management, forestry, and sustainable agriculture.

25(4) Funding to reduce greenhouse gas emissions through
26strategic planning and development of sustainable infrastructure
27projects, including, but not limited to, transportation and housing.

28(5) Funding to reduce greenhouse gas emissions through
29increased in-state diversion of municipal solid waste from disposal
30through waste reduction, diversion, and reuse.

31(6) Funding to reduce greenhouse gas emissions through
32investments in programs implemented by local and regional
33agencies, local and regional collaboratives, and nonprofit
34organizations coordinating with local governments.

35(7) Funding research, development, and deployment of
36innovative technologies, measures, and practices related to
37programs and projects funded pursuant to this chapter.

38(8) Funding to maximize the delivery of integrated greenhouse
39gas reduction projects, including, but not limited to, advanced
40clean vehicles, carsharing and vanpools, low-income rooftop solar,
P4    1energy efficiency and weatherization, organic waste diversion and
2compost development,begin delete and drought-tolerant lawn, park,end delete and urban
3greening projects,begin delete for householdsend delete in low-income and disadvantaged
4communities.

begin delete

5(d) (1) For purposes of this subdivision, “grant program” means
6a program receiving an allocation from the fund that provides
7grants to entities implementing programs to provide benefits to
8eligible members of the public.

9(2) State agencies administering grant programs shall update
10their program guidelines to promote coordination of grantees
11implementing regional and neighborhood programs with other
12grantees of grant programs, including those administered by other
13state agencies, to encourage both of the following:

14(A) The use of a single or coordinated application by grantees
15to determine the eligibility of a member of the public for benefits
16provided by the regional and neighborhood programs.

17(B) The use of a single mechanism by grantees to report to the
18granting agencies on the efficacy of their programs, to the extent
19feasible.

20(3) State agencies administering grant programs shall update
21their guidelines to authorize the use of a percentage of the grant
22moneys to provide technical assistance to members of the public
23in applying for benefits under the grantee’s program.

24(e) In evaluating projects receiving an allocation from the fund,
25state agencies shall give priority to projects that demonstrate one
26or more of the following characteristics:

27(1) Coordination with applicants of grant programs, including
28grant programs administered by other state agencies, to maximize
29the benefits to the public.

30(2) The ability to leverage additional public and private funding.

31(3) The potential for multibenefits.

32(4) The potential for replication of the project.

33(5) The use of existing regional infrastructure and institutions.

34(6) The utilization of the services of a state-certified community
35conservation corps.

end delete
36begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 39712.5 is added to the end insertbegin insertHealth and Safety
37Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert39712.5.end insert  

(a) (1) For purposes of this section, “grant program”
39means a program receiving an allocation from the fund that
P5    1provides grants to entities implementing programs to provide
2benefits to the public.

3
(2) State agencies administering grant programs funded
4pursuant to Section 39712 shall update their program guidelines
5to encourage grantees implementing regional and neighborhood
6programs to coordinate with other grantees, including those
7receiving grants administered by other state agencies, by
8promoting both of the following:

9
(A) The use of a single or coordinated application by grantees
10to determine the eligibility of a member of the public for benefits
11 provided by the regional and neighborhood programs.

12
(B) The use of a single mechanism by grantees to report to the
13granting agencies on the efficacy of their programs, to the extent
14feasible.

15
(3) State agencies administering grant programs shall update
16their guidelines, to the extent feasible, to authorize the use by
17grantees of a percentage of the grant moneys to provide technical
18assistance to members of the public in applying for benefits under
19the grantee’s program.

20
(b) In evaluating grant programs receiving an allocation from
21the fund, state agencies shall give priority to programs that
22demonstrate one or more of the following characteristics:

23
(1) Coordination with other grant programs, including grant
24programs administered by other state agencies, to maximize the
25benefits to the public.

26
(2) The ability to leverage additional public and private funding.

27
(3) The potential for multiple benefits.

28
(4) The potential for replication of the programs.

29
(5) The use of existing regional infrastructure and institutions.

30
(6) The inclusion of workforce development programs that
31provide learning opportunities for veterans, former foster care
32recipients, farmworkers, and at-risk youth, such as state-certified
33conservation corps, especially in low-income or disadvantaged
34communities.

end insert


O

    97