BILL ANALYSIS Ó AB 2653 Page 1 Date of Hearing: April 18, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 2653 (Eduardo Garcia) - As Introduced February 19, 2016 SUBJECT: Greenhouse Gas Reduction Fund: report SUMMARY: Requires each state agency that expends moneys from the Greenhouse Gas Reduction Fund (GGRF) to include specified economic information in their annual reports to the California Environmental Protection (CalEPA) relating to greenhouse gas (GHG) emissions reductions. EXISTING LAW: 1)Requires the Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006], to adopt a statewide GHG emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. AB 32 authorizes ARB to permit the use of market-based compliance mechanisms to comply with GHG reduction regulations, once specified conditions are met. 2)Establishes the GGRF and requires all moneys, except for fines and penalties, collected by ARB from the auction or sale of allowances pursuant to a market-based compliance mechanism (i.e., the cap-and-trade program adopted by ARB under AB 32) AB 2653 Page 2 to be deposited in the GGRF and available for appropriation by the Legislature. 3)Establishes the GGRF Investment Plan and Communities Revitalization Act (Act) to set procedures for the investment of GHG allowance auction revenues. Authorizes a range of GHG reduction investments and establishes several policy objectives: a) Maximize economic, environmental, and public health benefits; b) Foster job creation; c) Complement efforts to improve air quality; d) Direct investment toward the most disadvantaged communities and households in the state; e) Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce GHG emissions; and, f) Lessen the impacts and effects of climate change on the state's communities, economy, and environment. 4)Specifies that moneys appropriated from the GGRF through investments that may include funding to reduce GHG emissions through: a) Energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions; b) 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; AB 2653 Page 3 c) Strategic planning and development of sustainable infrastructure projects; d) Investments in programs implemented by local and regional agencies, local and regional collaboratives, and nonprofit organizations coordinating with local governments; and, e) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to the Act. 5)Requires the investment plan to allocate (1) a minimum of 25% of the available moneys in the GGRF to projects that provide benefits to identified disadvantaged communities, and (2) a minimum of 10% of the available moneys in the GGRF to projects located within identified disadvantaged communities. 6)Requires each state agency to annually prepare and submit to the Secretary of the California Environmental Protection Agency (CalEPA) a report that includes: a) A list of those measures that have been adopted and implemented by the state agency to meet GHG emission reduction targets and a status report of the actual GHG emissions reduced as a result of the measures; b) A list a timetable for adoption of any additional measures needed to meet GHG emissions reduction targets; c) An estimate of the department's own GHG emissions and an explanation of any increase or decrease compared to the previous year's emissions. 7)Requires CalEPA, on or before January 1 of each year, to compile and organize the information submitted by state agencies into a clear, standardized format and provide the information on its website as a "state agency GHG emission AB 2653 Page 4 reduction report card" (report card). THIS BILL: 1)Requires that each state agency that receives allocations from the GGRF to include in their report to CalEPA for purposes of the report card to include the following: a) The number of business entities receiving financial assistance or entering into contracts paid using GGRF; b) The amount of other public or private moneys leveraged when business entities received the GGRF assistance; c) The location, industry sector, gross revenue, and number of employees of the business entities; d) The number of jobs created, including wage levels and education and training requirements set, by the business entities; and, e) Actions taken to connect residents of disadvantaged communities and other target populations with the businesses, employment, and training opportunities offered through the activities funded by the GGRF. FISCAL EFFECT: Unknown COMMENTS: AB 2653 Page 5 1)Existing GGRF funding and programs. The 2014-15 Budget Act allocated GGRF revenues for the 2014-15 fiscal year and established a long-term plan for the allocation of GGRF revenues beginning in fiscal year 2015-16. Thirty-five percent of GGRF is continuously appropriated for investments in transit, affordable housing, and sustainable communities. Twenty-five percent is continuously appropriated to continue the construction of the high-speed rail project. The remaining 40% is subject to annual appropriation by the Legislature for investments in programs that include low-carbon transportation, energy efficiency and renewable energy, and natural resources and waste diversion. An expenditure plan for the 40% was not included in the 2015-16 Budget Act, with the exception of $227 million appropriated to continue funding for specified existing programs. The remaining 2015-16 revenues, along with 2016-17 revenues, are available for appropriation this year. The 2016 Annual Report of Cap and Trade Auction Proceeds includes an analysis of funds spent within and benefiting disadvantaged communities, excluding high speed rail spending. According to the report, 39% of expenditures were for projects located within disadvantaged communities and 51% of the overall funding benefited disadvantaged communities. Listed below are the major GGRF program areas, administering agency, and funding to date: a) Transportation and Sustainable Communities i) High Speed Rail, High Speed Rail Authority (Authority), $850 million ii) Transit and Intercity Rail Capital Program, Transportation Agency, $265 million AB 2653 Page 6 iii) Low Carbon Transit Operations Program, Department of Transportation (Caltrans), $145 million iv) Affordable Housing and Sustainable Communities Program, Strategic Growth Council (SGC), $610 million v) Low Carbon Transportation, ARB, $325 million b) Clean Energy and Energy Efficiency i) Low-Income Weatherization Program, Community Services and Development (CSD), $154 million ii) Energy Efficiency in Public Buildings, California Energy Commission (CEC), $20 million iii) Climate Smart Agriculture, Department of Food and Agriculture (CDFA), $75 million iv) Water-Energy Efficiency, Department of Water Resources (DWR), $70 million c) Natural Resources and Waste Diversion i) Wetlands and Watershed Restoration, Department of Fish and Wildlife (DFW), $27 million AB 2653 Page 7 ii) Urban Forestry, Forest Health Restoration, and Reforestation, Department of Forestry and Fire Protection (CAL FIRE), $42 million iii) Waste Diversion, Department of Resources Recycling and Recovery (CalRecycle), $31 million The Governor's 2016-17 Budget proposes just under $3.1 billion in expenditures: a) Continuous Appropriations i) High Speed Rail, Authority, $500 million ii) Low Carbon Transit Operations, State Transit Assistance, $100 million iii) Transit and Intercity Rail Capital Program, Transportation Agency, $200 million iv) Affordable Housing and Sustainable Communities Program, SGC, $400 million b) Fifty Percent Reduction in Petroleum Use i) Transit and Intercity Rail Capital Program, Transportation Agency, $400 million ii) Low Carbon Road Program, Caltrans, $100 million AB 2653 Page 8 iii) Low Carbon Transportation and Fuels, ARB, $500 million iv) Biofuel Facility Investments, CEC, $25 million c) Local Climate Action i) Transformative Climate Communities, SGC, $100 million d) Short-Lived Climate Pollutants i) Black Carbon Woodsmoke and Refrigerants, ARB, $60 million ii) Waste Diversion, CalRecycle, $100 million iii) Climate Smart Agriculture - Healthy Soils and Dairy Digesters, CDFA, $55 million e) Safeguarding California/Water Action Plan i) Water and Energy Efficiency, CDFA and DWR, $30 million ii) Drought Executive Order, CEC, $60 million AB 2653 Page 9 iii) Wetlands and Watershed Restoration/CalEcoRestore, DFW, $60 million f) Safeguarding California/Carbon Sequestration i) Healthy Forests and Urban Forestry, CAL FIRE, $180 million ii) Urban Greening, Natural Resources Agency, $20 million g) Energy Efficiency/Renewable Energy i) Energy Efficiency for Public Buildings, Department of General Services, $30 million ii) California Lending for Energy and Environmental Needs Center, I Bank, $20 million iii) Energy Corps, Conservation Corps, $15 million iv) Energy Efficiency Upgrades/Weatherization, CSD, $75 million v) Renewable Energy and Energy Efficiency Projects, University of California, California State University, $60 million AB 2653 Page 10 1)Jobs and Economic Development Efforts. There are a number of entities throughout state government designed to increase workforce and economic development efforts, with a particular emphasis on emerging technology, green jobs, and the green economy. a) GO-Biz: GO-Biz serves as California's single point of contact for economic development and job creation efforts. GO-Biz markets the business and investment opportunities available in California by working in partnership with local, regional, federal, and other state public and private institutions to encourage business development and investment in the state. The iHub Program within GO-Biz designates 'iHubs' (i.e., areas in the state) to stimulate partnerships, economic development, and job creation by leveraging assets to provide an innovation platform for startup businesses, economic development organizations, business groups, and venture capitalists. These assets include research parks, technology incubators, universities, and federal laboratories. b) Commission for Economic Development: The commission, consisting of the Lieutenant Governor as Chairperson, three members appointed by each the Senate Committee on Rules and the Assembly Speaker, and 10 members appointed by the Governor, was established to provide bipartisan legislative, executive branch and private sector support and guidance for the best possible overall economic development of the state. c) California Workforce Investment Board: CWIB is charged with developing a unified, strategic planning process to coordinate various education, training, and employment programs into an integrated workforce development system that supports economic development. CWIB has adopted AB 2653 Page 11 "sector strategies" as the statewide framework for workforce development and works with partners, including other state agencies, to support the emergence of effective statewide and regionally driven sector initiatives. d) Green Collar Jobs Council: GCJC was created to address the workforce needs that accompany California's growing green economy under the purview of CWIB. GCJC makes recommendations and creates strategies for comprehensive and effective workforce training opportunities to help prepare California's current and future workforce to meet the skills demand from businesses supporting the energy efficiency and clean energy sectors. GCJC is also tasked with developing, collecting, analyzing, and distributing statewide and regional labor market data on California's new and emerging green industries workforce needs, trends, and job growth and identifying funding resources and making recommendations on how to expand and leverage these funds. CWIB is required to report annually to the Legislature on the status of GCJC activities, grants awarded, and its development and implementation of a green workforce strategic initiative. The GCJC issued a Proposed Jobs and Workforce Development Program Elements for Carbon Reduction Investments in California in January 2014, which proposed "a common approach to workforce development and job creation for California's multiple public investments in carbon reduction initiatives under the umbrella of AB 32." 2)Author's statement: As California continues in its important work to reduce GHG emissions, state agencies have demonstrated great creativity in developing programs that provide co-benefits AB 2653 Page 12 that help businesses and communities choose more sustainable actions. This bill ensures tracking the co-benefit[s] and sheds light on the state's economic transformation to a lower carbon economy. 3)Previous legislation. SB 189 (Hueso) of 2015 would have established the Clean Energy and Low-Carbon Economic and Jobs Growth Blue Ribbon Committee to advise state agencies on the most effective ways to maximize California's economic benefits and jobs growth through actions and investments in a low-carbon economy. This bill was held in the Assembly Appropriations Committee. REGISTERED SUPPORT / OPPOSITION: Support None on file AB 2653 Page 13 Opposition None on file Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916) 319-2092