California Legislature—2015–16 Regular Session

Assembly BillNo. 2783


Introduced by Assembly Members Eduardo Garcia, Cristina Garcia, Eggman, and Gomez

February 19, 2016


An act to amend Section 75215 of the Public Resources Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2783, as introduced, Eduardo Garcia. Affordable Housing and Sustainable Communities Program.

Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law continuously appropriates 20% of the annual proceeds of the fund to the Affordable Housing and Sustainable Communities Program, administered by the Strategic Growth Council, to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives. Existing law requires the council to develop guidelines and selection criteria for the program.

This bill would require the Strategic Growth Council to revise the guidelines and selection criteria with respect to density requirements, as specified, and to include specified factors, including energy efficiency, in its greenhouse gas quantification methodology.

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

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

P2    1

SECTION 1.  

Section 75215 of the Public Resources Code is
2amended to read:

3

75215.  

(a) Prior to awarding funds under the program, the
4council, in coordination with the member agencies and departments
5of the council, the State Air Resources Board, and other state
6entities, as needed, shall develop guidelines and selection criteria
7for the implementation of the program.

8(b) Prior to adoption of the guidelines and the selection criteria,
9the council shall conduct at least two public workshops to receive
10and consider public comments. One workshop shall be held at a
11location in northern California and one workshop shall be held at
12a location in southern California.

13(c) The council shall publish the draft guidelines and selection
14criteria on its Internet Web site at least 30 days prior to the public
15meetings.

16(d) In adopting the guidelines and selection criteria, the council
17shall consider the comments from local governments, regional
18agencies, and other stakeholders. The council shall conduct
19outreach to disadvantaged communities to encourage comments
20on the draft guidelines from those communities.

21(e) begin insert(1)end insertbegin insertend insertProgram guidelines may be revised by the council to
22reflect changes in program focus or need. Outreach to stakeholders
23shall be conducted, pursuant to subdivisions (a), (b),begin delete and (c)end deletebegin insert (c),
24and (d),end insert
before the council adopts changes to guidelines.

begin insert

25(2) The council shall revise the guidelines and selection criteria
26initially adopted to include all of the following:

end insert
begin insert

27(A) Projects that qualify under the program’s rural innovation
28project area shall be allowed to build at nonmetropolitan density
29requirements.

end insert
begin insert

30(B) The definition of “net density” shall be revised to mean the
31total number of dwelling units per acre of land to be developed
32for residential or mixed use, excluding permanent streets, required
33drainage facilities, sidewalks, parks, public rights-of-way,
34easements, encroachments, and dedicated open space.

end insert
begin insert

P3    1(C) Urban greening, green building, energy efficiency, and
2renewable energy shall be counted in the greenhouse gas
3quantification methodology in addition to the selection criteria.

end insert

4(f) Upon the adoption of the guidelines and selection criteria,
5the council shall, pursuant to Section 9795 of the Government
6Code, submit copies of the guidelines to the fiscal and appropriate
7policy committees of the Legislature.

8(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of
9Division 3 of Title 2 of the Government Code does not apply to
10the development and adoption of the guidelines and selection
11criteria pursuant to this section.



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