BILL ANALYSIS Ó AB 2653 Page 1 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, | | AB 2653 Page 2 | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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. AB 2653 Page 3 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 AB 2653 Page 4 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. AB 2653 Page 5 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 AB 2653 Page 6 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 AB 2653 Page 7 FN: 0003355