Amended in Senate April 6, 2015

Senate Bill No. 400

Introduced by Senator Lara

February 25, 2015

An act to amend Section begin delete 39719.1 end delete begin insert 39719 end insert of the Health and Safety Code, relating to greenhouse gases begin insert , and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 400, as amended, Lara. California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.

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 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. Existing law makes a specified continuous appropriation to the High-Speed Rail Authority from the fund.

begin delete

This bill would make a technical, nonsubstantive change to these provisions.

end delete begin insert

This bill would require that not less than 25% of the moneys continuously appropriated to the High-Speed Rail Authority from the fund be allocated to measures and projects that reduce greenhouse gas emissions from transportation sources and provide a cobenefit of improving air quality. The bill would require priority to be given to measures and projects located in communities that are located in areas designated as extreme nonattainment. The bill expands the purposes of a continuous appropriation, thereby making an appropriation.

end insert

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 39719 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

39719.  

(a) The Legislature shall appropriate the annual
proceeds of the fund for the purpose of reducing greenhouse gas
emissions in this state in accordance with the requirements of
Section 39712.

(b) To carry out a portion of the requirements of subdivision
(a), annual proceeds are continuously appropriated for the
following:

(1) Beginning in the 2015-16 fiscal year, and notwithstanding
Section 13340 of the Government Code, 35 percent of annual
proceeds are continuously appropriated, without regard to fiscal
years, for transit, affordable housing, and sustainable communities
programs as following:

(A) Ten percent of the annual proceeds of the fund is hereby
continuously appropriated to the Transportation Agency for the
Transit and Intercity Rail Capital Program created by Part 2
(commencing with Section 75220) of Division 44 of the Public
Resources Code.

(B) Five percent of the annual proceeds of the fund is hereby
continuously appropriated to the Low Carbon Transit Operations
Program created by Part 3 (commencing with Section 75230) of
Division 44 of the Public Resources Code. begin delete Funds end delete begin insert Moneys end insert shall be
allocated by the Controller, according to requirements of the
program, and pursuant to the distribution formula in subdivision
(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
the Public Utilities Code.

(C) Twenty percent of the annual proceeds of the fund is hereby
continuously appropriated to the Strategic Growth Council for the
Affordable Housing and Sustainable Communities Program created
by Part 1 (commencing with Section 75200) of Division 44 of the
Public Resources Code. Of the amount appropriated in this
subparagraph, no less than 10 percent of the annual proceeds, shall
be expended for affordable housing, consistent with the provisions
of that program.

(2)  begin insert (A) end insert begin insert   end insert Beginning in the 2015-16 fiscal year, notwithstanding
Section 13340 of the Government Code, 25 percent of the annual
proceeds of the fund is hereby continuously appropriated to the
High-Speed Rail Authority begin insert and, except as provided in
subparagraph (B), shall be allocated end insert for the following components
of the initial operating segment and Phase I Blended System as
described in the 2012 business plan adopted pursuant to Section
185033 of the Public Utilities Code:

begin delete

(A)

end delete

begin insert (i) end insert  Acquisition and construction costs of the project.

begin delete

(B)

end delete

begin insert (ii) end insert  Environmental review and design costs of the project.

begin delete

(C)

end delete

begin insert (iii) end insert  Other capital costs of the project.

begin delete

(D)

end delete

begin insert (iv) end insert  Repayment of any loans made to the authority to fund the
project.

begin insert

(B) Not less than 25 percent of the moneys appropriated
pursuant to subparagraph (A) shall be allocated to measures and
projects that reduce greenhouse gas emissions from transportation
sources and provide a cobenefit of improving air quality. Priority
shall be given to measures and projects in communities that are
located in areas designated as extreme nonattainment.

end insert

(c) In determining the amount of annual proceeds of the fund
for begin insert the end insert purposes of the calculation in subdivision (b), the begin delete funds end delete
begin insert moneys end insert subject to Section 39719.1 shall not be included.

begin delete

SECTION 1.  

Section 39719.1 of the Health and Safety Code
is amended to read:

39719.1.  

(a) Of the amount loaned from the fund to the General
Fund pursuant to Item 3900-011-3228 of Section 2.00 of the
Budget Act of 2013, four hundred million dollars ($400,000,000)
shall be available to the High-Speed Rail Authority pursuant to
subdivision (b).

(b) The portion of the loan from the fund to the General Fund
described in subdivision (a) shall be repaid to the fund as necessary
based on the financial needs of the high-speed rail project.
Beginning in the 2015-16 fiscal year, and in order to carry out the
goals of the fund in accordance with the requirements of Section
39712, the amounts of all the loan repayments, notwithstanding
Section 13340 of the Government Code, are continuously
appropriated from the fund to the High-Speed Rail Authority for
the following components of the initial operating segment and
Phase I Blended System as described in the 2012 business plan
adopted pursuant to Section 185033 of the Public Utilities Code:

(1) Acquisition and construction costs of the project.

(2) Environmental review and design costs of the project.

(3) Other capital costs of the project.

(4) Repayment of any loans made to the authority for the project.

end delete