BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 398
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|Author: |Leyva |
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|Version: |4/14/2015 |Hearing |4/29/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Laurie Harris |
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SUBJECT: Green Assistance Program
ANALYSIS:
Existing law:
1. Under the California Global Warming Solutions Act of 2006
(referred to as AB 32) requires the California Air Resources
Board (ARB) to determine the 1990 statewide greenhouse gas
(GHG) emissions level, to approve a statewide GHG emissions
limit equivalent to that level that will be achieved by 2020,
and to adopt GHG emissions reductions measures by regulation.
ARB is authorized to include the use of market-based
mechanisms to comply with the regulations. (Health and
Safety Code §38500 et seq.)
2. Establishes the Greenhouse Gas Reduction Fund (GGRF) as a
special fund in the State Treasury; requires that all moneys,
except for fines and penalties, collected pursuant to a
market-based mechanism be deposited in the fund; and requires
the Department of Finance, in consultation with the state
board and any other relevant state agency, to develop, as
specified, a three-year investment plan for the moneys
deposited in the GGRF. (Government Code §16428.8)
3. Under the GGRF Investment Plan and Communities Revitalization
Act, requires GGRF moneys be used to facilitate the
achievement of reductions of GHG emissions in the state
consistent with the Global Warming Solutions Act of 2006.
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Appropriations of the GGRF funds in the annual budget are
required to be consistent with the three-year investment
plan. (HSC §39712)
4. Requires the GGRF investment plan to allocate a minimum of
25% of the funds to projects that benefit disadvantaged
communities and to allocate 10% of the funds to projects
located within disadvantaged communities. (HSC §39713)
5. Requires the ARB, in consultation with the California
Environmental Protection Agency (CalEPA), to develop funding
guidelines for administering agencies receiving allocations
of GGRF funds that include a component for how agencies
should maximize benefits to disadvantaged communities. (HSC
§39715)
This bill:
1. Establishes the Green Assistance Program (GAP) to be
administered by the Secretary for Environmental Protection
(Secretary) in concert with environmental justice programs.
2. Tasks the GAP with providing technical assistance to small
businesses and small nonprofits, both as defined by the
secretary, and disadvantaged communities applying for GGRF
monies. The technical assistance may include, but is not
limited to:
A. Basic information on available programs, eligibility
requirements, and deadlines;
B. Referrals to designated contact people in agencies
administering the programs; and
C. Assistance during the application preparation and
submission process.
3. Requires the Secretary, who may coordinate with other state
agencies, local agencies, and nonprofits, to conduct outreach
activities to inform eligible entities about the GAP.
4. Requires that the program use existing resources appropriated
by the Legislature to the Office of the Secretary in the
annual Budget Act.
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Background
1. Cap-and-Trade Expenditure Plan in the Annual Budget &
Administering Agencies.
For the 2014-15 budget year, the Budget provides $832 million
of cap-and-trade proceeds to reduce GHG emissions and meet SB
535 (de León), Chapter 830, Statutes of 2012, goals. Of the
Budget, 60% is permanently allocated to high-speed rail,
public transit, affordable housing, and sustainable
communities, administered by four departments. Seven
additional departments receive appropriations to administer
programs for low carbon transportation, energy efficiency
upgrades and energy efficiency for public buildings,
agricultural and operational efficiency, wetlands and
watershed restoration, fire prevention and urban forestry
projects, and waste diversion.
2. Disadvantaged Communities.
Using CalEnviroScreen, a tool developed by the Office of
Environmental Health Hazard Assessment (OEHHA), and through
the direction of SB 535, CalEPA determined a list of
disadvantaged communities throughout California in October
2014. For the identified communities, at least 25% of GGRF
moneys are required to be used for projects that benefit them
and 10% for projects located within them. The areas within
which the majority of disadvantaged communities were
identified included the San Joaquin Valley, parts of Los
Angeles and the Inland Empire, and large portions of the
Coachella Valley and Mojave Desert, in addition to
communities located near industrial areas and major roadways.
Comments
1. Purpose of Bill.
According to the author, "Many of our state's most polluted
areas are small disadvantaged communities - areas with higher
rates of poverty and higher incidences of asthma and cancer.
These smaller communities often do not have the technical
expertise or marketing capabilities to develop and pursue
grant and financing options. This situation oftentimes
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leaves our most vulnerable communities at a financial
disadvantage.
"SB 398 helps to connect disadvantaged communities, small
businesses, and small non profits with programs at various
state agencies that provide GGRF monies. This will certainly
help lower the cost of doing business and lessen the burden
on taxpayers as these communities and organizations access
state funds. SB 398 helps to level the playing field so that
these disadvantaged and small entities have a fair shot and
equal opportunity to meet air quality goals. The Green
Assistance Program (GAP) addresses a very real gap between
the resources currently available to these entities and their
ability to access them."
2. The Need for Assistance and Outreach.
Each of the programs administering GGRF monies have separate
guidelines and grant proposal request documents on their
respective websites. Eligibility criteria and application
processes vary, as do recommendations about working with the
administering agency to develop proposals or applications.
For those small organizations and disadvantaged communities
lacking experience in this area, assistance through the Green
Assistance Program may very well help them successfully apply
for and utilize GGRF moneys, as intended by SB 535 and this
bill.
Related/Prior Legislation
AB 156 (Perea) would require the GGRF Investment Plan to
allocate technical assistance funds to the California Air
Resources Board (ARB) to establish a technical assistance
program for eligible applicants assisting disadvantaged
communities and other communities as specified. AB 156 is
currently referred to the Assembly Committee on Appropriations.
AB 1179 (Rendon) would require ARB to prepare and post on its
website a report on the funded projects that provide benefits
to, or are located within, disadvantaged communities. AB 1179
is currently referred to the Assembly Committee on
Appropriations with recommendation to the consent calendar.
SOURCE: Author
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SUPPORT:
American Lung Association in California
Asian Pacific Environmental Network
Breathe California
California League of Conservation Voters
Climate Resolve
Coalition for Clean Air
Environmental Defense Fund
Leadership Council for Justice and Accountability
Lutheran Office of Public Policy, California
Move LA
National Resources Defense Council
Physicians for Social Responsibility
ReLeaf
Sierra Club California
Strategic Concepts in Organizing and Policy Education
Trust for Public Lands
Union of Concerned Scientists
Valley Clean Air Now
OPPOSITION: None on file
ARGUMENTS IN
SUPPORT: The coalition of support states, "While AB 32 and SB
535 create momentous opportunities to address climate change and
poverty in disadvantaged communities, these same communities too
often lack the necessary resources and technical capacity to
participate in shaping investment proposals that will be
competitive for available funding.
"Establishing a technical assistance program that assists
disadvantaged communities in developing project proposals that
meet the goals and requirements of AB 32 and SB 535 is an
important and necessary step towards the equitable distribution
of GGRF funding."
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