Amended in Senate August 19, 2016

Amended in Senate August 16, 2016

Amended in Senate August 2, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 20, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2722


Introduced by Assembly Member Burke

February 19, 2016


An act to add Part 4 (commencing with Section 75240) to Division 44 of the Public Resources Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2722, as amended, Burke. Transformative Climate Communities Program.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases.begin delete The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. end deletebegin insert end insertbegin insertThe 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 as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation.end insert

Existing law establishes the Strategic Growth Council, which consists of the heads of various state agencies and certain other members, and requires the council to identify and review activities and funding programs that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.

This bill would create the Transformative Climate Communities Program, to be administered by the council. The bill would require thebegin delete council, in coordination with the California Environmental Protection Agency Assistant Secretary for Environmental Justice and Tribal Affairs,end deletebegin insert councilend insert to award competitive grants to specified eligible entities for the developmentbegin insert and implementationend insert ofbegin insert neighborhood-levelend insert transformative climate communitybegin delete plans, and projects that implement plans,end deletebegin insert plansend insert thatbegin delete contribute to the reduction ofend deletebegin insert include greenhouse gasend insert emissionsbegin delete of greenhouse gases and demonstrate potential climate,end deletebegin insert reduction projects that provide localend insert economic,begin delete workforce, health, and environmentalend deletebegin insert environmental, and healthend insert benefitsbegin delete inend deletebegin insert toend insert disadvantagedbegin delete communities that have a demonstrated need for climate, economic, workforce, health, and environmental benefits.end deletebegin insert communities, as defined.end insert The bill would require thebegin delete council, in coordination with the member agencies of the council, the State Air Resources Board, and other state entities, as needed,end deletebegin insert councilend insert to develop guidelines and selection criteria for the implementation of the program.begin insert The bill would require the California Environmental Protection Agency to provide assistance in performing outreach to disadvantaged communities and assessing the environmental justice benefits of project awards.end insert

This bill would become operative only if AB 1613 of the 2015-16 Regular Session is enacted and becomes effective on or before January 1, 2017, andbegin delete $205,000,000end deletebegin insert funding for the program is appropriatedend insert from the Greenhouse Gas Reduction Fundbegin delete is appropriatedend delete pursuant to Section 3 of that act.

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

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

P3    1

SECTION 1.  

Part 4 (commencing with Section 75240) is added
2to Division 44 of the Public Resources Code, to read:

3 

4PART 4.  Transformative Climate Communities
5Program

6

 

7

75240.  

The Transformative Climate Communities Program is
8hereby created, to be administered by the Strategic Growth Council.
9The program shall fund the development and implementation of
10neighborhood-level transformative climate community plans that
11include multiple, coordinated greenhouse gas emissions reduction
12projects that provide local economic, environmental, and health
13benefitsbegin delete that are directly connected to communities most impacted
14by pollution and vulnerable to climate change.end delete
begin insert to disadvantaged
15communities, as described in Section 39711 of the Health and
16Safety Code.end insert
By making such comprehensive public investments,
17it is the intent of the Legislature that private resources canbegin insert beend insert more
18effectivelybegin delete beend delete catalyzed to support innovative community and
19climate transformation in disadvantaged communities.

begin delete
20

75241.  

(a) The council, in coordination with the California
21Environmental Protection Agency Assistant Secretary for
22Environmental Justice and Tribal Affairs, shall award competitive
23grants to eligible entities through an application process. To be
24eligible, an entity shall demonstrate multistakeholder partnerships
25with local agencies, community-based organizations, labor groups,
26workforce investment boards, and other stakeholders, as
27appropriate. An eligible entity includes any of the following:

28(1) A nonprofit organization.

29(2) A community-based organization.

30(3) A faith-based organization.

31(4) A coalition or association of nonprofit organizations.

32(5) A community development finance institution.

33(6) A community development corporation.

34(7) A local agency.

35(8) A joint powers authority.

36(b) (1) The council shall award grants for the development of
37transformative climate community plans, and projects that
38implement plans, that contribute to the reduction of emissions of
P4    1greenhouse gases and demonstrate potential climate, economic,
2workforce, health, and environmental benefits located in
3disadvantaged communities that have a demonstrated need for
4climate, economic, workforce, health, and environmental benefits.
5The council shall award grants for plans that are designed to
6achieve, and projects that demonstrate, an integrated, innovative,
7cross-cutting project with multiple benefits provided directly in a
8disadvantaged community and that demonstrate community
9engagement and leadership in all phases. A plan shall identify
10metrics to meet the overall goals of the Transformative Climate
11Communities Program and the desired long-term changes in the
12plan’s region. In

end delete
13begin insert

begin insert75241.end insert  

end insert
begin insert

(a) The council shall award competitive grants to
14eligible entities through an application process. An eligible entity,
15including, but not limited to, a nonprofit organization, a
16community-based organization, a faith-based organization, a
17coalition or association of nonprofit organizations, a community
18development finance institution, a community development
19corporation, a local agency, a joint powers authority, or a tribal
20government, shall demonstrate multistakeholder partnerships with
21local agencies, community-based organizations, labor groups,
22workforce investment boards, and other stakeholders, as
23appropriate. The council shall award grants for projects that
24demonstrate community engagement in all phases.

end insert

25begin insert(b)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertInend insert awarding grants, the council shall make grantbegin delete awardsend delete
26begin insert selectionsend insert for plan development contingent on the implementation
27of one or more projects identified by the plan.

28(2) The council may award a grant over multiple years.

29(c) In order to be eligible for funding under the program, a plan,
30and a project that implements a plan, shall demonstrate that it will
31achieve a reduction in emissions of greenhouse gases.

begin delete

32(d) In awarding grants pursuant to subdivision (b), the council
33shall prioritize plans, and projects that implement plans, that
34maximize, to the extent feasible, climate, public health,
35environmental, workforce, and economic benefits.

36(e) (1) For purposes of this part, “economic benefits” means
37high-quality, well-paid employment opportunities for residents in
38the plan’s region, benefits for small businesses located directly in
39the relevant disadvantaged community, and benefits for minority-,
P5    1LGBT-, woman-, or disabled veteran-owned small businesses in
2the plan’s region.

3(2) For purposes of this subdivision, “LGBT” means lesbian,
4gay, bisexual, or transgender.

end delete
begin insert

5
(d) The California Environmental Protection Agency shall
6provide assistance in performing outreach to disadvantaged
7communities and assessing the environmental justice benefits of
8project awards.

end insert
begin insert

9
(e) Projects shall maximize climate, public health,
10environmental, workforce, and economic benefits.

end insert
11

75242.  

(a) The council and all funded entities shall endeavor
12to identify additional public and private sources of funding to
13sustain and expand the program.

14(b) The council shallbegin delete endeavor to identify and coordinate a
15network of technical assistance providers to assist in plan
16development, implementation, and project financing.end delete
begin insert fund technical
17assistance providers to assist in application development and
18project development and implementation.end insert

19

75243.  

(a) Before awarding funds under the program, the
20
begin delete council, in coordination with the member agencies of the council,
21the State Air Resources Board, and other state entities, as needed,
22shall develop guidelines and selection criteria for the
23implementation of the program.end delete
begin insert council shall develop guidelines
24and selection criteria for plan development and implementation
25of the program.end insert

begin delete

26(b) Before the adoption of guidelines and selection criteria, the
27council shall conduct at least three public workshops to receive
28and consider public comments. The council shall conduct one
29workshop at a location in a disadvantaged community in northern
30California, one workshop at a location in a disadvantaged
31community in the San Joaquin Valley, and one workshop at a
32location in a disadvantaged community in southern California.

33(c) The council shall publish the draft guidelines and selection
34criteria on its Internet Web site at least 30 days before the public
35workshops.

36(d)

end delete

37begin insert(b)end insert In adopting guidelines and selection criteria, the council
38shall consider comments, if any, from local governments, regional
39agencies, and other stakeholders. The council shall conduct
40outreach to disadvantaged communities to encourage comments
P6    1on the draft guidelines and selection criteria from those
2communities.

begin delete

3(e) The council may revise the program guidelines and selection
4criteria to reflect changes in program focus or need. Before the
5council adopts changes to the guidelines or selection criteria, it
6shall conduct outreach to stakeholders as described in subdivisions
7(a) to (d), inclusive, regarding the proposed changes.

8(f) Upon the adoption of guidelines and selection criteria, the
9council shall submit, in accordance with Section 9795 of the
10Government Code, copies of the guidelines and selection criteria
11to the fiscal and appropriate policy committees of the Legislature.

end delete
begin insert

12
(c) In adopting the guidelines, the council shall consider whether
13eligible plans and projects avoid economic displacement of
14low-income disadvantaged community residents and businesses.

end insert
15

SEC. 2.  

This act shall become operative only if Assembly Bill
161613 of the 2015-16 Regular Session is enacted and becomes
17effective on or before January 1, 2017, andbegin delete two hundred five
18million dollars ($205,000,000)end delete
begin insert funding for the program is
19appropriatedend insert
from the Greenhouse Gas Reduction Fundbegin delete is
20appropriatedend delete
pursuant to Section 3 of that act.



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