BILL NUMBER: AB 2722 AMENDED
BILL TEXT
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
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.
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.
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 as part
of a market-based compliance mechanism to be deposited in
the Greenhouse Gas Reduction Fund and to be available upon
appropriation.
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
the council, in coordination with the California
Environmental Protection Agency Assistant Secretary for Environmental
Justice and Tribal Affairs, council to award
competitive grants to specified eligible entities for the development
and implementation of neighborhood-level
transformative climate community plans, and projects that
implement plans, plans that contribute
to the reduction of include greenhouse gas
emissions of greenhouse gases and demonstrate potential
climate, reduction projects that provide local
economic, workforce, health, and environmental
environmental, and health benefits in
to disadvantaged communities that have a
demonstrated need for climate, economic, workforce, health, and
environmental benefits. communities, as defined.
The bill would require the council, in coordination with
the member agencies of the council, the State Air Resources Board,
and other state entities, as needed, council to
develop guidelines and selection criteria for the implementation of
the program. 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.
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, and $205,000,000 funding for the
program is appropriated from the Greenhouse Gas Reduction Fund
is appropriated 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:
SECTION 1. Part 4 (commencing with Section 75240) is added to
Division 44 of the Public Resources Code, to read:
PART 4. Transformative Climate Communities Program
75240. The Transformative Climate Communities Program is hereby
created, to be administered by the Strategic Growth Council. The
program shall fund the development and implementation of
neighborhood-level transformative climate community plans that
include multiple, coordinated greenhouse gas emissions reduction
projects that provide local economic, environmental, and health
benefits that are directly connected to communities most
impacted by pollution and vulnerable to climate change.
to disadvantaged communities, as described in Section 39711 of
the Health and Safety Code. By making such comprehensive public
investments, it is the intent of the Legislature that private
resources can be more effectively be
catalyzed to support innovative community and climate transformation
in disadvantaged communities.
75241. (a) The council, in coordination with the California
Environmental Protection Agency Assistant Secretary for Environmental
Justice and Tribal Affairs, shall award competitive grants to
eligible entities through an application process. To be eligible, an
entity shall demonstrate multistakeholder partnerships with local
agencies, community-based organizations, labor groups, workforce
investment boards, and other stakeholders, as appropriate. An
eligible entity includes any of the following:
(1) A nonprofit organization.
(2) A community-based organization.
(3) A faith-based organization.
(4) A coalition or association of nonprofit organizations.
(5) A community development finance institution.
(6) A community development corporation.
(7) A local agency.
(8) A joint powers authority.
(b) (1) The council shall award grants for the development of
transformative climate community plans, and projects that implement
plans, that contribute to the reduction of emissions of greenhouse
gases and demonstrate potential climate, economic, workforce, health,
and environmental benefits located in disadvantaged communities that
have a demonstrated need for climate, economic, workforce, health,
and environmental benefits. The council shall award grants for plans
that are designed to achieve, and projects that demonstrate, an
integrated, innovative, cross-cutting project with multiple benefits
provided directly in a disadvantaged community and that demonstrate
community engagement and leadership in all phases. A plan shall
identify metrics to meet the overall goals of the Transformative
Climate Communities Program and the desired long-term changes in the
plan's region. In
75241. (a) The council shall award competitive
grants to eligible entities through an application process. An
eligible entity, including, but not limited to, a nonprofit
organization, a community-based organization, a faith-based
organization, a coalition or association of nonprofit organizations,
a community development finance institution, a community development
corporation, a local agency, a joint powers authority, or a tribal
government, shall demonstrate multistakeholder partnerships with
local agencies, community-based organizations, labor groups,
workforce investment boards, and other stakeholders, as appropriate.
The council shall award grants for projects that demonstrate
community engagement in all phases.
(b) (1) In
awarding grants, the council shall make grant awards
selections for plan development contingent on the
implementation of one or more projects identified by the plan.
(2) The council may award a grant over multiple years.
(c) In order to be eligible for funding under the program, a plan,
and a project that implements a plan, shall demonstrate that it will
achieve a reduction in emissions of greenhouse gases.
(d) In awarding grants pursuant to subdivision (b), the council
shall prioritize plans, and projects that implement plans, that
maximize, to the extent feasible, climate, public health,
environmental, workforce, and economic benefits.
(e) (1) For purposes of this part, "economic benefits" means
high-quality, well-paid employment opportunities for residents in the
plan's region, benefits for small businesses located directly in the
relevant disadvantaged community, and benefits for minority-, LGBT-,
woman-, or disabled veteran-owned small businesses in the plan's
region.
(2) For purposes of this subdivision, "LGBT" means lesbian, gay,
bisexual, or transgender.
(d) The California Environmental Protection Agency shall provide
assistance in performing outreach to disadvantaged communities and
assessing the environmental justice benefits of project awards.
(e) Projects shall maximize climate, public health, environmental,
workforce, and economic benefits.
75242. (a) The council and all funded entities shall endeavor to
identify additional public and private sources of funding to sustain
and expand the program.
(b) The council shall endeavor to identify and coordinate
a network of technical assistance providers to assist in plan
development, implementation, and project financing.
fund technical assistance providers to assist in application
development and project development and implementation.
75243. (a) Before awarding funds under the program, the
council, in coordination with the member agencies of the council, the
State Air Resources Board, and other state entities, as needed,
shall develop guidelines and selection criteria for the
implementation of the program. council shall develop
guidelines and selection criteria for plan development and
implementation of the program.
(b) Before the adoption of guidelines and selection criteria, the
council shall conduct at least three public workshops to receive and
consider public comments. The council shall conduct one workshop at a
location in a disadvantaged community in northern California, one
workshop at a location in a disadvantaged community in the San
Joaquin Valley, and one workshop at a location in a disadvantaged
community in southern California.
(c) The council shall publish the draft guidelines and selection
criteria on its Internet Web site at least 30 days before the public
workshops.
(d)
(b) In adopting guidelines and selection criteria, the
council shall consider comments, if any, from local governments,
regional agencies, and other stakeholders. The council shall conduct
outreach to disadvantaged communities to encourage comments on the
draft guidelines and selection criteria from those communities.
(e) The council may revise the program guidelines and selection
criteria to reflect changes in program focus or need. Before the
council adopts changes to the guidelines or selection criteria, it
shall conduct outreach to stakeholders as described in subdivisions
(a) to (d), inclusive, regarding the proposed changes.
(f) Upon the adoption of guidelines and selection criteria, the
council shall submit, in accordance with Section 9795 of the
Government Code, copies of the guidelines and selection criteria to
the fiscal and appropriate policy committees of the Legislature.
(c) In adopting the guidelines, the council shall consider whether
eligible plans and projects avoid economic displacement of
low-income disadvantaged community residents and businesses.
SEC. 2. This act shall become operative only if Assembly Bill 1613
of the 2015-16 Regular Session is enacted and becomes effective on
or before January 1, 2017, and two hundred five million
dollars ($205,000,000) funding for the program is
appropriated from the Greenhouse Gas Reduction Fund is
appropriated pursuant to Section 3 of that act.