Amended in Assembly May 31, 2016

Amended in Assembly April 27, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2653

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

February 19, 2016

An act to begin delete add Section 12893.5 to the Government Code, end delete begin insert amend Section 39720 of the Health and Safety Code, end insert 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. begin delete 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. end delete begin insert Existing law requires the Department of Finance to annually submit a report to the appropriate committees of the Legislature on the status of the projects funded with moneys from the fund. end insert

begin delete

This bill would create additional requirements on state agencies and state entities submitting that report, including, among other things, identifying the number of business entities, as defined, receiving moneys and the actions and outcomes of those actions taken to assist residents of disadvantaged communities, as defined, and other target populations, as specified, with the business, employment, and training opportunities offered through activities funded with moneys from the fund and with any other state funding source that is related to climate change mitigation, climate change adaptation, and greenhouse gas emissions reductions.

end delete begin insert

This bill would require the department to include additional information in its annual report to the Legislature, including, among other things, the greenhouse gas emissions reductions attributable to each project and the geographic location, industry sector, and number of employees of the business entities, as defined, receiving moneys from the fund.

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 39720 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

39720.  

(a) Notwithstanding Section 10231.5 of the
Government Code, the Department of Finance shall submit begin delete a end delete begin insert an
annual end insert report begin delete on or before March 1, 2014, and annually thereafter, end delete
to the appropriate committees of the Legislature on the status of
projects funded pursuant to this part and their outcomes.

begin insert

(b) (1) The report, at a minimum, shall include all of the
following:

end insert begin insert

(A) The greenhouse gas emissions reductions attributable to
each project.

end insert begin insert

(B) Actions and outcomes from those actions taken to assist
residents of disadvantaged communities, as identified pursuant to
Section 39711, and other target populations with the business,
employment, and training opportunities offered through activities
funded in whole or in part with moneys from the fund.

end insert begin insert

(C) The geographic location, industry sector, and number of
employees of the business entities receiving moneys from the fund.

end insert begin insert

(D) The number of jobs created, including wage levels, by the
business entities receiving moneys from the fund.

end insert begin insert

(E) The amount of other public or private moneys leveraged
with investments from the fund.

end insert begin insert

(2) The Secretary for Environmental Protection shall identify
the other target populations referenced in subparagraph (B) of
paragraph (1).

end insert begin insert

(3) Subparagraphs (C) to (D), inclusive, of paragraph (1) shall
apply only to investments made after February 1, 2017.

end insert begin delete

(b)

end delete

begin insert (c) end insert  A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government
Code.

begin insert

(d) For purposes of this section, “business entity” means any
firm operating in the state as a nonprofit, sole proprietorship,
general partnership, limited partnership, limited liability
partnership, limited liability company, or corporation.

end insert

begin delete

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Since the enactment of the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500) of the Health and Safety Code), the state has been
committed to taking actions to reduce its own greenhouse gas
emissions and serve as a catalyst for others to undertake their own
emissions reduction actions.

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

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

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

SEC. 2.  

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

12893.5.  

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

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

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

(b) Each state agency and state entity that expends moneys from
the fund shall submit as part of the report card required pursuant
to Section 12892 all of the following:

(1) The number of business entities receiving financial assistance
or entering into contracts paid, in whole or in part, using moneys
from the fund.

(2) The amount of other public or private moneys leveraged
when business entities received the assistance described in
paragraph (1), as reported by the business entities.

(3) The geographic location, industry sector, and number of
employees of the business entities described in paragraph (1).

(4) The number of jobs created, including wage levels, by the
business entities described in paragraph (1).

(5) (A) Actions and outcomes from those actions taken to assist
residents of disadvantaged communities, as identified pursuant to
Section 39711 of the Health and Safety Code, and other target
populations with the business, employment, and training
opportunities offered through activities funded in whole or in part
with moneys from the fund or other state funding sources overseen
by the reporting state agency that are directly related to climate
change mitigation, climate change adaptation, and GHG emissions
reductions, as determined by the state agency.

(B)

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

(c) At the discretion of the secretary, the information required
pursuant to paragraphs (2) to (5), inclusive, of subdivision (b) may
be reported as part of the report card required pursuant to Section
12892 or as part of any report required pursuant to Section 39716
or 39720 of the Health and Safety Code.

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

end delete