Amended in Assembly April 27, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2653


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

February 19, 2016


An act to add Section 12893.5 to the Government Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2653, as amended, Eduardo Garcia. Greenhouse Gas Reduction Fund: report.

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for 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 from 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 requires state agencies to submit annually to the Secretary for Environmental Protection a specified report that includes, among other things, a list of measures that have been adopted and implemented by that state agency to meet greenhouse gas emission reduction targets, as defined, and a status report on the actual greenhouse gas emissions reduced as a result of those measures.

This bill would create additional requirements on state agenciesbegin insert and state entitiesend insert submitting that report, including, among other things, identifying thebegin delete typesend deletebegin insert numberend insert of businessbegin delete entitiesend deletebegin insert entities, as defined,end insert receiving moneys and the actionsbegin insert and outcomes of those actionsend insert taken tobegin delete connectend deletebegin insert assistend insert residents of disadvantaged communities, as defined, and other targetbegin delete populationsend deletebegin insert populations, as specified,end insert with the business, employment, and training opportunities offered through activities funded with moneys from thebegin delete fund.end deletebegin insert fund and with any other state funding source that is related to climate change mitigation, climate change adaptation, and greenhouse gas emissions reductions.end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3
(a) Since the enactment of the California Global Warming
4Solutions Act of 2006 (Division 25.5 (commencing with Section
538500) of the Health and Safety Code), the state has been
6committed to taking actions to reduce its own greenhouse gas
7emissions and serve as a catalyst for others to undertake their own
8emissions reduction actions.

end insert
begin insert

9
(b) The purpose of the state agency greenhouse gas reduction
10report card, pursuant to Section 12892 of the Government Code,
11is to ensure that state agencies consider and implement measures
12and strategies that reduce greenhouse gas emissions and to
13establish the routine, quantified, verified, consistent, and public
14reporting of those measures along with their effectiveness in
15reducing greenhouse gas emissions.

end insert
begin insert

16
(c) The Department of Finance’s three-year investment plan
17for moneys deposited in the Greenhouse Gas Reduction Fund,
18pursuant to Section 39716 of the Health and Safety Code, is
19designed to identify near-term and long-term greenhouse gas
20emissions reduction goals by sector, gaps in current state
21strategies, and priority programmatic investments of moneys in
22the fund. Annually, the Department of Finance reports on programs
23funded with Greenhouse Gas Reduction Fund moneys, pursuant
24to Section 39720 of the Health and Safety Code.

end insert
begin insert

25
(d) The state agency greenhouse gas reduction report card and
26the record of proposed expenditures, pursuant to Section 16428.9
27of the Government Code, track state agency actions related to
28moneys appropriated from the Greenhouse Gas Reduction Fund,
P3    1as well as key climate actions taken by state agencies using other
2funding. These activities include the broadest range of climate
3mitigation and reduction programs directed at small businesses
4and distressed communities, including programs sponsored by the
5State Energy Resources Conservation and Development
6Commission, Cool California, the Department of Resources
7Recycling and Recovery, and the State Air Resources Board.

end insert
8

begin deleteSECTION 1.end delete
9
begin insertSEC. 2.end insert  

Section 12893.5 is added to the Government Code, to
10read:

11

12893.5.  

begin insert

(a) For purposes of this section, the following terms
12have the following meanings:

end insert
begin insert

13
(1) “Business entity” means any firm operating in the state as
14a nonprofit, sole proprietorship, general partnership, limited
15partnership, limited liability partnership, limited liability company,
16or corporation.

end insert
begin insert

17
(2) “Fund” means the Greenhouse Gas Reduction Fund, created
18pursuant to Section 16428.8.

end insert

19begin insert(b)end insertbegin insertend insertEach statebegin delete agencyend deletebegin insert agency and state entityend insert that expends
20moneys from thebegin delete Greenhouse Gas Reduction Fund, created
21pursuant to Section 16428.8,end delete
begin insert fundend insert shall submit as part of the report
22card required pursuant to Section 12892 all of the following:

begin delete

23(a)

end delete

24begin insert(1)end insert The number of business entities receiving financial assistance
25or entering into contracts paid, in whole or in part, using moneys
26from thebegin delete Greenhouse Gas Reduction Fund.end deletebegin insert fund.end insert

begin delete

27(b)

end delete

28begin insert(2)end insert The amount of other public or private moneys leveraged
29when business entities received the assistance described in
30
begin delete subdivision (a).end deletebegin insert paragraph (1), as reported by the business entities.end insert

begin delete

31(c)

end delete

32begin insert(3)end insert The geographic location, industry sector,begin delete gross revenue,end delete and
33number of employees of the business entities described in begin delete34 subdivision (a).end delete begin insert paragraph (1).end insert

begin delete

35(d)

end delete

36begin insert(4)end insert The number of jobs created, including wagebegin delete levels and
37education and training requirements set,end delete
begin insert levels,end insert by the business
38entities described inbegin delete subdivision (a).end deletebegin insert paragraph (1).end insert

begin delete

39(e)

end delete

P4    1begin insert(5)end insertbegin insert(A)end insertbegin insertend insertActionsbegin insert and outcomes from those actionsend insert taken to
2begin delete connectend deletebegin insert assistend insert residents of disadvantaged communities, as identified
3pursuant to Section 39711 of the Health and Safety Code, and
4other target populations with the business, employment, and
5training opportunities offered through activities funded in whole
6or in part with moneys from thebegin delete Greenhouse Gas Reduction Fund.end delete
7
begin insert fund or other state funding sources overseen by the reporting state
8agency that are directly related to climate change mitigation,
9climate change adaptation, and GHG emissions reductions, as
10determined by the state agency.end insert

begin insert

11
(B) The secretary shall identify the other target populations
12referenced in subparagraph (A).

end insert
begin insert

13
(c) At the discretion of the secretary, the information required
14pursuant to paragraphs (2) to (5), inclusive, of subdivision (b) may
15be reported as part of the report card required pursuant to Section
1612892 or as part of any report required pursuant to Section 39716
17or 39720 of the Health and Safety Code.

end insert
begin insert

18
(d) This section shall apply to awards made by a state agency
19on or after February 1, 2017.

end insert


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