BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          2653 (Eduardo Garcia, et al.)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Natural         |9-0  |Williams, Jones,      |                    |
          |Resources       |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Gomez, Hadley,        |                    |
          |                |     |Harper, McCarty,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Mark Stone, Wood      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |








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          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requires the Department of Finance (DOF) to include in  
          its annual report to committees of the Legislature information  
          relating to the economic impacts of Greenhouse Gas Reduction  
          Fund (GGRF) expenditures.  Specifically, this bill: 


          1)Requires DOF to include, at a minimum, the following: 


             a)   The greenhouse gas (GHG) emissions reductions  
               attributable to each project; 


             b)   Actions and outcomes from those actions taken to assist  
               residents of disadvantaged communities and other target  
               populations; 


             c)   The geographic location, industry sector, and number of  
               employees of the business entities receiving moneys from  
               the GGRF; 


             d)   The number of jobs created, including wage levels; and,


             e)   The amount of other public or private moneys leveraged  
               with investments from the GGRF. 


          2)Requires the Secretary for Environmental Protection to  
            identify the other target populations referenced in the bill.   









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          3)Defines "business entity" as any firm operating in the state  
            as a nonprofit, sole proprietorship, general partnership,  
            limited partnership, limited liability partnership, limited  
            liability company, or corporation.  


          EXISTING LAW:  


          1)Requires the Air Resources Board (ARB), pursuant to California  
            Global Warming Solutions Act of  2006 [AB 32 (Núñez), 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)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.  


          3)Requires CalEPA, on or before January 1 of each year, to  
            compile and organize the information submitted by state  








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            agencies into a clear, standardized format and provide the  
            information on its website as a "state agency GHG emission  
            reduction report card" (report card). 
          4)Requires DOF to annually report to the appropriate committees  
            of the Legislature the status of projects funded by the GGRF  
            and their outcomes.  Requires that the report include a  
            description of how the administering agencies have fulfilled  
            the funding requirements for disadvantaged communities.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill has the following state costs: 


          1)Unknown increased costs for all state agencies receiving GGRF,  
            potentially in the hundreds of thousands of dollars (GGRF).   
            There are approximately 47 state agency programs receiving  
            GGRF.


          2)Unknown increased costs, potentially in the million dollar  
            range, for CalEPA to reconfigure its website to accommodate  
            the new data.


          3)Increased ongoing costs for ARB, as the GGRF administrator, of  
            between $145,000 and $865,000 (GGRF) depending on how the  
            requirement is interpreted.  The upper range assumes data will  
            be reported for each business entity receiving GGRF; the lower  
            range assumes reporting on aggregate business data.


          COMMENTS:  According to the author, as California continues its  
          important work to reduce GHG emissions, state agencies have  
          demonstrated great creativity in developing programs that  
          provide co-benefits that help businesses and communities choose  
          more sustainable actions.  This bill is intended to ensure that  
          co-benefits are tracked as the state transforms to a lower  
          carbon economy.  








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          ARB and DOF are required to submit various reports to the  
          Legislature relating to the state's cap-and-trade program and  
          GGRF expenditures.  The primary report is ARB's Scoping Plan,  
          which lays out ARB's plan to reduce greenhouse gas GHG emissions  
          to 1990 levels by 2020.  The Scoping Plan was first adopted in  
          2008 and must be updated every five years.  ARB is also tasked  
          with developing a short-lived climate pollution reduction  
          strategy.  ARB also prepares an annual report of climate  
          investments using cap-and-trade funds.  DOF is required to  
          develop a three-year investment plan for cap-and-trade funding.   
          DOF is required to annually report to the Legislature on the  
          status of projects funded by the GGRF and their outcomes.  The  
          Act requires that, where applicable and to the extent feasible,  
          GGRF allocations be used for co-benefits, including:  economic,  
          environmental, and public health benefits; job creation;  
          complement efforts to improve air quality; direct investments  
          toward disadvantaged communities; provide opportunities for  
          businesses, public agencies, nonprofits, and other community  
          institutions to participate in and benefit from GHG emissions  
          reductions efforts; and, lessen impacts of climate change on the  
          state's communities, economy, and environment.  However, there  
          is no clear reporting mechanism to inform the Legislature and  
          the public about the economic and job benefits have resulted  
          from programs funded by the GGRF.  This bill would require DOF  
          to include information about the economic benefits associated  
          with GGRF programs in its existing report to the Legislature.  


          The California Global Warming Solutions Act of 2006 (AB 32)  
          requires ARB to adopt a statewide GHG emissions limit equivalent  
          to 1990 levels by 2020 and adopt regulations, including  
          market-based compliance mechanisms, to achieve maximum  
          technologically feasible and cost-effective GHG emission  
          reductions.  As part of the implementation of AB 32 market-based  
          compliance measures, ARB adopted a cap-and-trade program that  
          caps the allowable statewide emissions and provides for the  
          auctioning of emission credits, the proceeds of which are  








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          quarterly deposited into the GGRF available for appropriation by  
          the Legislature.  

          The Budget continuously appropriates 35% of cap-and-trade funds  
          for investments in transit, affordable housing, and sustainable  
          communities.  Twenty-five percent of the revenues are  
          continuously appropriated to continue the construction of  
          high-speed rail.  The remaining 40% are to be appropriated  
          annually 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 totaling  
          $3.1billion, are available for appropriation this year.  

          SB 535 (De León), Chapter 830, Statutes of 2012, requires no  
          less than 10% of cap-and-trade revenues fund projects located  
          within disadvantaged communities, and that 25% of available  
          revenues fund projects that benefit those communities.  In  
          October 2014, CalEPA released its list of disadvantaged  
          communities for the purpose of SB 535.  CalEPA relied on  
          CalEnviroScreen to identify the areas disproportionately  
          burdened by and vulnerable to multiple sources of pollution.   
          CalEnviroScreen is a tool that assesses all census tracts in  
          California to identify the areas disproportionally affected and  
          vulnerable to multiple sources of pollution.  Areas (census  
          tracts) identified as disadvantaged for SB 535's purposes by  
          CalEnviroScreen include: the majority of the San Joaquin Valley;  
          much of Los Angeles and the Inland Empire; pockets of other  
          communities near ports, freeways, and major industrial  
          facilities such as refineries and power plants; and large swaths  
          of the Coachella Valley, Imperial Valley and Mojave Desert.



          Analysis Prepared by:                                             
                          Elizabeth MacMillan / NAT. RES. / (916) 319-2092  








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