Amended in Senate April 23, 2015

Amended in Senate April 6, 2015

Senate BillNo. 400


Introduced by Senator Lara

February 25, 2015


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

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.

This bill would requirebegin delete thatend deletebegin insert the High-Speed Rail Authority to allocateend insert not less than 25% of the moneys continuously appropriatedbegin delete to the High-Speed Rail Authorityend deletebegin insert to the authorityend insert from the fundbegin delete be allocatedend delete tobegin insert environmental mitigationend insert 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 givenbegin insert within this expenditure categoryend insert to measures and projectsbegin insert that areend insert located in communitiesbegin delete that are locatedend delete in areas designated as extreme nonattainment. The billbegin delete expandsend deletebegin insert would expandend insert the purposes of a continuous appropriation, thereby making an appropriation.

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

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

P2    1

SECTION 1.  

Section 39719 of the Health and Safety Code is
2amended to read:

3

39719.  

(a) The Legislature shall appropriate the annual
4proceeds of the fund for the purpose of reducing greenhouse gas
5emissions in this state in accordance with the requirements of
6Section 39712.

7(b) To carry out a portion of the requirements of subdivision
8(a), annual proceeds are continuously appropriated for the
9following:

10(1) Beginning in the 2015-16 fiscal year, and notwithstanding
11Section 13340 of the Government Code, 35 percent of annual
12proceeds are continuously appropriated, without regard to fiscal
13years, for transit, affordable housing, and sustainable communities
14programs as following:

15(A) Ten percent of the annual proceeds of the fund is hereby
16continuously appropriated to the Transportation Agency for the
17Transit and Intercity Rail Capital Program created by Part 2
18(commencing with Section 75220) of Division 44 of the Public
19Resources Code.

20(B) Five percent of the annual proceeds of the fund is hereby
21continuously appropriated to the Low Carbon Transit Operations
22Program created by Part 3 (commencing with Section 75230) of
23Division 44 of the Public Resources Code. Moneys shall be
24allocated by the Controller, according to requirements of the
25program, and pursuant to the distribution formula in subdivision
26(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
27the Public Utilities Code.

28(C) Twenty percent of the annual proceeds of the fund is hereby
29continuously appropriated to the Strategic Growth Council for the
30Affordable Housing and Sustainable Communities Program created
P3    1by Part 1 (commencing with Section 75200) of Division 44 of the
2Public Resources Code. Of the amount appropriated in this
3subparagraph, no less than 10 percent of the annual proceeds, shall
4be expended for affordable housing, consistent with the provisions
5of that program.

6(2) (A) Beginning in the 2015-16 fiscal year, notwithstanding
7Section 13340 of the Government Code, 25 percent of the annual
8proceeds of the fund is hereby continuously appropriated to the
9High-Speed Rail Authoritybegin delete and, except as provided in subparagraph
10(B),end delete
begin insert andend insert shall be allocated for the following components of the
11initial operating segment and Phase I Blended System as described
12in the 2012 business plan adopted pursuant to Section 185033 of
13the Public Utilities Code:

14(i) Acquisition and construction costs of the project.

15(ii) Environmental review and design costs of the project.

begin insert

16(iii) Environmental mitigation measures and projects that reduce
17greenhouse gas emissions from transportation sources and provide
18a cobenefit of improving air quality.

end insert
begin delete

19(iii)

end delete

20begin insert(iv)end insert Other capital costs of the project.

begin delete

21(iv)

end delete

22begin insert(v)end insert Repayment of any loans made to the authority to fund the
23project.

24(B) begin deleteNot end deletebegin insertThe High-Speed Rail Authority shall allocate not end insertless
25than 25 percent of the moneys appropriated pursuant to
26subparagraph (A)begin delete shall be allocated to measures and projects that
27reduce greenhouse gas emissions from transportation sources and
28provide a cobenefit of improving air quality. Priority shall be given
29to measures and projects in communities that are located in areas
30designated as extreme nonattainment.end delete
begin insert for the purposes of clause
31(iii) of subparagraph (A). Priority for allocating funding for those
32purposes shall be given to measures and projects in communities
33that are located in areas designated as extreme nonattainment.end insert

begin insert

34(C) Measures and projects eligible for funding pursuant to
35clause (iii) of subparagraph (A) may include, but are not limited
36to, the following:

end insert
begin insert

37(i) Public transit improvements that reduce congestion by
38improving transit service or frequency of transit service.

end insert
begin insert

39(ii) Transportation improvements that reduce congestion,
40including network improvements and roadway modifications.

end insert
begin insert

P4    1(iii) Alternative transportation options, including infrastructure
2improvements that support clean transportation, facilitate bicycle
3and pedestrian use, and connect bicycle and pedestrian routes to
4transit facilities.

end insert
begin insert

5(iv) Natural systems, including rural and urban forests, that
6reduce greenhouse gas emissions or increase the sequestration of
7carbon to mitigate the impacts of greenhouse gas emissions and
8create greater climate resiliency.

end insert
begin insert

9(v) Reduction of emissions directly associated with construction
10of the high-speed rail project, including the use of low and
11zero-emission equipment for transportation and construction.

end insert

12(c) In determining the amount of annual proceeds of the fund
13for the purposes of the calculation in subdivision (b), the moneys
14subject to Section 39719.1 shall not be included.



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