Amended in Senate April 14, 2015

Senate BillNo. 506


Introduced by Senator Fuller

February 26, 2015


begin deleteAn act to amend Section 38561 of the Health and Safety Code, relating to greenhouse gases. end deletebegin insertAn act to add Chapter 4.5 (commencing with Section 13999) and Chapter 5 (commencing with Section 13999.20) to Part 4.7 of Division 3 of Title 2 of, and to add Article 6 (commencing with Section 65053.5) to Chapter 1.5 of Division 1 of Title 7 of, the Government Code, relating to economic development.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 506, as amended, Fuller. begin deleteCalifornia Global Warming Solutions Act of 2006: scoping plan. end deletebegin insertEconomic development: military and aerospace.end insert

begin insert

Existing law establishes the Governor’s Office of Business and Economic Development, which is administered by a director appointed by the Governor. The office serves the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law, the Military Base Reuse Authority Act, authorizes the creation of a military base reuse authority to plan, finance, and manage the transition of a military base from military to civilian use, as specified.

end insert
begin insert

This bill would establish the Military and Aerospace Program in the Governor’s Office of Business and Economic Development, and set forth the program’s duties and authority with respect to state and local defense retention, conversion, and base reuse activities, including developing and recommending to the Governor and the Legislature a strategic plan for state and local defense retention and conversion efforts. The bill would authorize the office to establish a Military Advisory Council with a specified membership to provide input, information, technical advice, or other comments to the program on military related matters. This bill also would authorize the office to apply for grants and seek private funds for the operations of the office. The bill would establish the Military and Aerospace Account in the Special Deposit Fund in the State Treasury and require that any private funds the office accepts be deposited into that account. The bill would authorize the office to expend moneys in the account, upon appropriation by the Legislature, for specified purposes of the office.

end insert
begin insert

The bill would require the Governor’s Office of Business and Economic Development to implement a space enterprise development program to foster activities that increase the competitiveness of space enterprise in California. The bill would authorize the director of the office to select a California nonprofit corporation to assist the office in its administration of space enterprise economic development activities, and would authorize the corporation to perform specified activities, including developing and implementing a state strategy for applying and commercializing technology to create jobs, respond to industry changes, and foster innovation and competitiveness in space enterprise. The bill would also establish the California Space Enterprise Competitive Grant Program within the office to provide funding, upon appropriation by the Legislature, for the development of space enterprise in California.

end insert
begin insert

Existing law creates the Office of Planning and Research in the Governor’s office to provide the Governor and his or her cabinet with long-range, land use planning and research and to serve as the comprehensive state planning agency.

end insert
begin insert

This bill would require a local retention authority to be recognized for each active military installation, as defined, in the state, and would require the office to maintain a list of retention authorities or their successors, including, but not limited to, separate airport or port authorities recognized as the local retention authority for military installations.

end insert
begin delete

The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The act also requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. The act requires the state board, in developing the scoping plan, to take into account the relative contribution of each source or source category to statewide greenhouse gas emissions and the potential for adverse effects on small businesses.

end delete
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This bill would additionally require the state board, in developing the scoping plan, to take into account the environmental benefits of renewable electrical generation facilities.

end delete

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 4.5 (commencing with Section 13999)
2is added to Part 4.7 of Division 3 of Title 2 of the end insert
begin insertGovernment
3Code
end insert
begin insert, to read:end insert

begin insert

4 

5Chapter  begin insert4.5.end insert Military and Aerospace Support
6

 

7

begin insert13999.end insert  

This chapter shall be known and may be cited as the
8Military and Aerospace Support Act.

9

begin insert13999.1.end insert  

The Legislature finds and declares all of the
10following:

11(a) There is potential for federal action to close or realign
12additional military installations nationwide through the base
13closure process, budget reductions, or internal United States
14Department of Defense reorganizations.

15(b) There is synergy between the aerospace industry and
16Department of Defense activities in the state. Prior base closure
17rounds have resulted in significant downsizing and loss of jobs in
18the aerospace industry in California.

19(c) There is potential growth in the aerospace industry, not only
20in national defense applications, but in commercial and private
21 enterprises such as unmanned aerial vehicles, commercial space
22flight, and commercial space launch vehicles and services.

23

begin insert13999.2.end insert  

(a) In an effort to be proactive in retaining and
24expanding these military facilities, the aerospace industry, and
25the jobs and intellectual capital associated with them, the Military
P4    1and Aerospace Program is hereby created in the Governor’s Office
2of Business and Economic Development.

3(b) The purpose of the program consists of both of the following:

4(1) Providing a central clearinghouse for all defense retention,
5conversion, and base reuse activities in the state and interacting
6and communicating with military installations in the state.

7(2) Retaining and encouraging growth in the aerospace and
8space flight industries through technical and regulatory advice,
9grants as provided in Section 13999.22, and other programs
10administered by the office or other state agencies.

11(c) The office may organize and provide staffing for the
12program, as necessary, to perform the duties in this chapter, and
13may contract with other state or private agencies, nonprofit
14corporations, universities, firms, or individuals to fulfill any of its
15duties under this chapter.

16(d) For purposes of this chapter, “office” means the Governor’s
17Office of Business and Economic Development.

18

begin insert13999.3.end insert  

(a) The office may establish a Military Advisory
19Council to provide input, information, technical advice, or other
20comments to the program on military related matters, including,
21but not limited to, active Department of Defense installations in
22California and defense conversion issues. Participation by council
23members is voluntary and there is no reimbursement for per diem
24or expenses.

25(b) The council may include, but is not limited to, representatives
26from any legislative office, state agency, local government,
27industry, and civic or research organizations that may have an
28interest in defense related activities.

29

begin insert13999.4.end insert  

The program shall do all of the following:

30(a) Develop and recommend to the Governor and the Legislature
31a strategic plan for state and local defense retention and
32conversion efforts. The plan shall address the state’s role in
33assisting communities with potential base closures and those
34impacted by previous closures. The office may coordinate with
35other state agencies, local groups, and interested organizations
36on this strategic plan to retain current Department of Defense
37installations, facilities, bases, and related civilian activities.

38(b) Conduct outreach to entities and parties involved in defense
39retention and conversion across the state and provide a network
P5    1to facilitate assistance and coordination for all defense retention
2and conversion activities within the state.

3(c) Help develop and coordinate state retention advocacy efforts
4on the federal level.

5(d) (1) Conduct an evaluation of existing state retention and
6conversion programs and provide the Legislature with
7recommendations on the continuation of existing programs,
8including, but not limited to, the possible elimination or alteration
9of those programs and provide recommendations to the Legislature
10on the necessity of new programs for defense retention and
11adequate funding levels. This evaluation and resulting
12recommendations shall be transmitted to each house of the
13Legislature in accordance with Section 9795. This requirement to
14submit an evaluation and recommendations is inoperative on
15January 1, 2020, pursuant to Section 10231.5.

16(e) Update the plan prepared by the Defense Conversion Council
17as it existed on December 31, 1998, and any subsequent state
18agency reports, with the goal to minimize California’s loss of bases
19and jobs in future rounds of base closures. This plan shall include,
20but not be limited to, all of the following:

21(1) Identify of major installations in California.

22(2) Determine of how best to defend existing bases and base
23employment in this state.

24(3) Coordinate of retention activities with communities that may
25face base closures.

26(4) Develop of data and analyses on bases in this state.

27(5) Coordinate with the state congressional delegation, the
28Legislature, and the Governor. With the consent of the appropriate
29authority, the office may temporarily borrow technical, policy,
30and administrative staff from other state agencies, including the
31Legislature.

32(f) Serve as the primary state liaison with the Department of
33Defense and its installations in this state. In order to maximize the
34mission use of the installations, the program shall assist in
35resolving any disputes or issues between the Department of Defense
36and state entities.

37(g) Review actions or programs by state agencies that may affect
38or impact Department of Defense installations or the state’s
39military base retention and reuse activities, and recommend to the
P6    1Governor and the Legislature actions that may be taken to resolve
2or prevent similar problems in the future.

3(h) If funds and resources are available, the office may
4undertake all of the following activities:

5(1) Provide a central clearinghouse for all base retention or
6conversion assistance activities, including, but not limited to,
7employee training programs and regulation review and permit
8streamlining.

9(2) Provide technical assistance to communities with potential
10or existing base closure activities.

11(3) Provide a central clearinghouse for all defense retention
12and conversion funding, regulations, and application procedures
13for federal or state grants.

14(4) Serve as a central clearinghouse for input and information,
15including needs, issues, and recommendations from businesses,
16industry representatives, labor, local government, and communities
17relative to retention and conversion efforts.

18(5) Identify available state and federal resources to assist
19businesses, workers, communities, and educational institutions
20that may have a stake in retention and conversion activities.

21(6) Provide one-stop coordination, maintain and disseminate
22information, standardize state endorsement procedures, and
23develop fast-track review procedures for proposals seeking state
24funds to match funding from federal defense conversion programs.

25(7) Maintain and establish databases in fields such as
26defense-related companies, industry organization proposals for
27the state and federal defense industry, community assistance,
28training, and base retention, and provide electronic access to the
29databases.

30

begin insert13999.5.end insert  

(a) The office may apply for grants and seek
31contributions from private industry to fund its operations.

32(b) The office may actively solicit and accept funds from
33industry, foundations, or other sources to support its operations
34and responsibilities under this chapter.

35(c) Any private funds the office accepts shall be deposited into
36the Military and Aerospace Account, which is hereby established
37in the Special Deposit Fund in the State Treasury. The office may
38expend moneys in the account, upon appropriation by the
39Legislature in the annual Budget Act, for the purposes of this
40chapter and for no other purpose. Records of funds received and
P7    1expenditures made pursuant to this section shall be subject to
2public disclosure. A report describing the receipt and expenditure
3of these funds shall be submitted to the Department of Finance,
4the Assembly Committee on Budget, and the Senate Committee on
5Budget and Fiscal Review at least biennially.

6

begin insert13999.6.end insert  

The office shall establish a military support grant
7program to grant funds to communities with Department of Defense
8installations to assist them in developing a retention strategy. The
9office may use grant criteria similar to those in any predecessor
10grant criteria established pursuant to former Section 13998.8 or
11existing defense conversion grant programs as a basis for
12developing the grant program. To discourage multiple grant
13applications for individual defense installations in a region, the
14criteria shall be drafted to encourage a single application for grant
15funds to develop, where appropriate, a single, regional defense
16retention strategy. The structure, requirements, administration,
17and funding procedures of the grant program shall be submitted
18to the Legislature for review at least 90 days prior to making the
19first grant disbursement. The office may make no grant award
20without the local community providing at least 50 percent or more
21in matching funds or in-kind services, with at least 50 percent of
22that match being in the form of funding.

23

begin insert13999.7.end insert  

The office shall adopt necessary regulations to
24implement the programs authorized in this chapter. The office
25shall adopt these regulations as emergency regulations in
26accordance with Chapter 3.5 (commencing with Section 11340)
27of Part 1, and for purposes of that chapter, including Section
2811349.6, the adoption of the regulations shall be considered by
29the Office of Administrative Law to be necessary for the immediate
30preservation of the public peace, health and safety, and general
31welfare. Notwithstanding subdivision (e) of Section 11346.1, the
32regulations shall be repealed within 180 days after their effective
33date, unless the office complies with Chapter 3.5 (commencing
34with Section 11340) of Part 1 as provided in subdivision (e) of
35Section 11346.1.

end insert
36begin insert

begin insertSEC. 2.end insert  

end insert

begin insertChapter 5 (commencing with Section 13999.20) is
37added to Part 4.7 of Division 3 of Title 2 of the end insert
begin insertGovernment Codeend insertbegin insert,
38to read:end insert

begin insert

P8    1 

2Chapter  begin insert5.end insert Space Enterprise Development Act
3

 

4

begin insert13999.20.end insert  

This chapter shall be known and may be cited as
5the Space Enterprise Development Act.

6

begin insert13999.21.end insert  

For purposes of this act, the following terms have
7the following meanings:

8(a) “Authority” means the California Spaceport Authority.

9(b) “Date of designation” means the date that the spaceport
10receives designation by the authority pursuant to Section 13999.23.

11(c) “Director” means the Director of the Governor’s Office of
12Business and Economic Development.

13(d) “Governing body” means the governing body of a city,
14county, city and county, special district, or joint powers authority.

15(e) “Launch” means to place, or attempt to place, a launch
16vehicle into a ballistic, suborbital, or orbital trajectory, into Earth
17orbit in outer space, or otherwise into outer space, and also is a
18means of placing a commercial, civil, or military payload into
19Earth orbit or beyond, including all activities involved in the
20preparation of a launch vehicle for flight, including all processing,
21servicing, and support activities that take place at a launch site
22or at a California mission control support site for ocean launches.
23A “launch” begins with the arrival of the launch vehicle or payload
24at the launch site.

25(f) “Launch site” means a location from which a space launch
26or operation directly associated with a space launch takes place,
27a location at which a launch vehicle or its payload, if any, is
28intended to land, or as defined in the Commercial Space Launch
29Act (51 U.S.C. Sec. 50901 et seq.). The site includes any
30right-of-way directly associated with the space launch or reentry
31operations and all facilities and support infrastructure related to
32launch, reentry, or payload processing.

33(g) “Launch vehicle” means a vehicle specifically designed and
34built to operate in or place a payload in the upper atmosphere or
35outer space. “Launch vehicles” include, but are not limited to,
36expendable space launch vehicles and reusable launch vehicles.

37(h) “Office” means the Governor’s Office of Business and
38Economic Development.

P9    1(i) “Operation of a launch site” means the conduct of approved
2safety operations at a launch site to support the launching of
3vehicles and payloads.

4(j) “Operation of a reentry site” means the conduct of safety
5operations at a fixed site on Earth at which a reentry vehicle and
6its payload, if any, is intended to land.

7(k) “Payload” means an object, including, but not limited to,
8a satellite that a licensed launch site undertakes to place into outer
9space by means of a launch vehicle, including components of the
10vehicle specifically designed or adopted to support that activity.

11(l) “Person” means any individual and any corporation,
12partnership, joint venture, association, or other entity organized
13or existing under the laws of any state or nation.

14(m) “Reentry” means the return of any launch vehicle that has
15been placed in a ballistic, suborbital, or orbital trajectory, and its
16payload, if any, to the Earth. “Reentry” includes all activities
17involved in the postflight ground operations. A “reentry” ends
18when a launch vehicle or payload, if any, has completed its descent
19to Earth and is retrieved.

20(n) “Reentry site” means the location on Earth at which a
21reentry is intended to occur, as defined in a license issued or
22transferred by the United States Secretary of Transportation, and
23any necessary support infrastructure related to reentry or payload
24recovery.

25(o) “Reusable launch vehicle” means a vehicle that is designed
26to launch into an orbital or suborbital trajectory, into Earth orbit
27in outer space, or otherwise into outer space, that returns to Earth
28and is reused for a subsequent future launch.

29(p) “Spaceport” means an entity that has been designated
30pursuant to Section 13999.23.

31

begin insert13999.22.end insert  

(a) Subject to the availability of funds appropriated
32for that purpose, the Governor’s Office of Business and Economic
33Development shall implement a space enterprise development
34program to foster activities that increase the competitiveness of
35space enterprise in California, including, but not limited to, the
36commercial use of space, space vehicle launches, space launch
37infrastructure, manufacturing, applied research, technology
38development, economic diversification, and business development.

39(b) The office may contract with other state or private agencies,
40nonprofit corporations, universities, firms, or individuals for the
P10   1performance of technical or specialized work, or for services
2related to space enterprise development programs authorized by
3this chapter.

4(c) The director may select a California nonprofit corporation
5to assist the office in its administration of space enterprise
6economic development activities through programs, projects,
7grants, partnerships, networks, and collaboration. The corporation
8shall be selected through a solicitation process established by the
9office. The solicitation process shall include criteria for selection
10of the corporation, which shall include, but not be limited to,
11demonstrated experience in space enterprise and the ability to
12perform space enterprise development activities described in
13subdivision (d).

14(d) The corporation may perform one or more of the following
15activities, as determined contractually between the office and the
16corporation:

17(1) Serve as the California Spaceport Authority with
18 responsibilities specified in Section 13999.23.

19(2) Pursue grants from the federal government or from private
20businesses, foundations, or individuals, for California space
21enterprise activities, including, but not limited to, studies, services,
22infrastructure improvements and modernization, and defense
23transition programs, to the extent permitted by law.

24(3) Identify science and technology trends that are significant
25to space enterprise and the state and act as a clearinghouse for
26space enterprise issues and information.

27(4) Develop and implement a state strategy for applying and
28commercializing technology to create jobs, respond to industry
29changes, and foster innovation and competitiveness in space
30enterprise.

31(5) Provide information to the director relevant to changes in
32federal, state, and local statutes and regulations that will enhance
33the development of space enterprise in California.

34(6) Provide information to the office regarding the development
35of laws, regulations, decisions, or determinations affecting the
36economic and employment impacts of space enterprise in
37California.

38(7) Provide recommendations to the director for appropriate
39state funding mechanisms and amounts to promote development
P11   1of space enterprise in California, including education and
2workforce development.

3(8) Provide recommendations to the director in the form of
4strategic planning documents.

5(9) Review applications for, and promote, the California Space
6Enterprise Competitive Grant Program established by Section
7 13999.24.

8(e) (1) The office and the corporation shall enter into an annual
9contract specifying the activities to be performed by the
10corporation.

11(2) Pursuant to the contract, the corporation shall submit to
12the office quarterly reports of its activities and finances. The
13quarterly reports shall be of sufficient detail for the office to
14determine whether the corporation is in compliance with the annual
15contract between the office and the corporation.

16(3) The annual contract shall include conflict of interest
17requirements developed by the office.

18(4) Failure of the corporation to comply with the conditions in
19the annual contract, as evidenced in the quarterly reports and any
20supplemental monitoring of the corporation by the office, shall
21result in the cancellation of the annual contract and deselection
22of the corporation. Upon the deselection of the corporation, the
23office shall utilize the solicitation process set forth in subdivision
24(c) to select a replacement corporation.

25

begin insert13999.23.end insert  

(a) The California Spaceport Authority shall
26designate spaceports for the operation of launch sites or reentry
27sites.

28(b) Any city, county, city and county, special district, joint
29powers authority, or private entity, as appropriate, may apply to
30the authority for designation as a spaceport.

31(c) (1) The application described in subdivision (b) shall require
32at least the following information to be submitted to the authority:

33(A) A written notice of intent to apply for a federal launch site
34operator’s license from the United States Secretary of
35Transportation under the authority of the Commercial Space
36Launch Act (51 U.S.C. Sec. 50901 et seq.), to be received by the
37authority no later than 60 days prior to the submission of the
38application to the United States Secretary of Transportation.

P12   1(B) A copy of the perfected application submitted to the United
2States Secretary of Transportation for a federal launch site
3operator’s license.

4(C) A written notice of acceptance or denial by the United States
5Secretary of Transportation for a federal launch site operator’s
6license. If acceptance is granted, a copy of the license shall be
7included in the written notice.

8(2) This subdivision shall not apply to any launch site operator
9who is federally licensed on or before January 1, 2005.

10(d) An entity located in California that has a federal launch site
11operator’s license from the United States Secretary of
12Transportation under the authority of the Commercial Space
13Launch Act (49 U.S.C. Sec. 7101 et seq.), shall receive a spaceport
14designation under this section as long as they maintain their federal
15designation and provide proof of their extension to the authority
16upon request.

17(e) The authority shall withdraw spaceport designation upon
18receipt of notice from the Federal Aviation Administration that
19the launch site operator of the spaceport no longer meets safety
20requirements or that safety deficiencies in the spaceport have
21remained uncorrected for a reasonable period of time after being
22identified.

23

begin insert13999.24.end insert  

(a) The California Space Enterprise Competitive
24Grant Program is hereby established within the Governor’s Office
25of Business and Economic Development to provide funding, upon
26appropriation by the Legislature, for the development of space
27enterprise in California. For purposes of this section, space
28enterprise activities include, but are not limited to, the commercial
29use of space, space vehicle launches, space launch infrastructure,
30manufacturing, applied research, technology development,
31economic diversification, and business development. Entities
32conducting activities in California intended to improve the
33competitiveness of space enterprise in California, including public,
34private, educational, commercial, nonprofit, or for-profit entities,
35may apply for grants.

36(b) (1) If program funding is appropriated by the Legislature,
37the office, or the corporation selected pursuant to subdivision (c)
38of Section 13999.22, shall, at least annually, issue solicitations.
39A solicitation shall not be issued without the prior review and
40approval by the office. If the corporation has not issued a
P13   1solicitation within 180 days of the appropriation of funds, the office
2shall issue the solicitation.

3(2) Solicitations developed by the corporation shall include
4minimum eligibility and requirements. Additional requirements
5may be added to each year’s grant solicitation. The solicitation
6shall address at least all of the following:

7(A) Jobs created and retained by the implementation of the
8project.

9(B) Cost sharing by other project participants, which should
10include at least one of the following:

11(i) A private sector company or companies.

12(ii) One or more foundations, industry associations, or nonprofit
13cooperative associations, or any combination thereof.

14(iii) In-kind support, which may include staff and facilities.

15(iv) Federal or local government funding.

16(C) A condition that grant funds will not be used to supplant
17other project funds.

18(D) A demonstration that a majority of the project will be
19undertaken in California.

20(E) An agreement among all project participants as to
21intellectual property rights relative to the project.

22(F) The potential impact on the state’s economy.

23(G) The cost-effectiveness of the project.

24(H) The importance of state funding for the viability of the
25project.

26(I) A demonstration of technical feasibility and an assessment
27of programmatic risk.

28(c) In evaluating grant proposals, the corporation shall establish
29an impartial review panel composed of technical and scientific
30experts and government representatives to review grant
31applications. The panel shall be composed of members from
32throughout the state who are knowledgeable about activities related
33to space enterprise. No more than 30 percent of the panel members
34shall be government representatives, and all other members shall
35either be actively involved in, or be technical and scientific experts
36in activities related to, space enterprise. No more than 30 percent
37of the panel members shall be members of, or on the board of
38directors of, the corporation.

39(d) (1) The review panel shall review all applications received
40by the deadline specified in the solicitation in order to determine
P14   1the applications that are complete and that meet the criteria set
2forth in the solicitation. The review panel may rely on experts who
3are not part of the panel in order to determine compliance with
4one or more criteria.

5(2) All applications meeting the criteria set forth in paragraph
6(1) shall be submitted to the office.

7(3) The office may remove one or more applications from those
8 submitted by the review panel upon a determination that the
9application did not meet the criteria set forth in paragraph (1).
10The office shall rank the grant applications received from the
11review panel, minus any applications removed by the office because
12of failure to meet the criteria. The ranking shall be based upon
13criteria stated in the solicitation. The ranking shall include
14recommendations as to the amount of state funding for each grant
15application.

16(e) The director shall award program grants based upon the
17criteria stated in the solicitation.

18(f) The funding determination shall be transmitted to the
19Governor and the chairpersons of the Senate and Assembly fiscal
20committees and shall be subject to the availability of funds
21appropriated for that purpose.

22(g) The solicitation process set forth in this section shall not be
23subject to Chapter 3.5 (commencing with Section 11340) of Part
241.

25(h) The Legislature hereby finds and declares that the granting
26of funds to private entities serves a public purpose by assisting an
27industry vital to the health and welfare of the State of California.

28

begin insert13999.25.end insert  

The office shall adopt necessary regulations to
29implement the programs authorized in this chapter. The office
30shall adopt these regulations as emergency regulations in
31accordance with Chapter 3.5 (commencing with Section 11340)
32of Part 1, and for purposes of that chapter, including Section
3311349.6, the adoption of the regulations shall be considered by
34the Office of Administrative Law to be necessary for the immediate
35preservation of the public peace, health and safety, and general
36welfare. Notwithstanding subdivision (e) of Section 11346.1, the
37regulations shall be repealed within 180 days after their effective
38date, unless the office complies with Chapter 3.5 (commencing
39with Section 11340) of Part 1 as provided in subdivision (e) of
40Section 11346.1.

end insert
P15   1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertArticle 6 (commencing with Section 65053.5) is added
2to Chapter 1.5 of Division 1 of Title 7 of the end insert
begin insertGovernment Codeend insertbegin insert,
3to read:end insert

begin insert

4 

5Article begin insert6.end insert  Single Local Retention Entities
6

 

7

begin insert65053.5.end insert  

(a) As used in this article, the following terms have
8the following meaning:

9(1) “Military installation” means a base, camp, post, station,
10yard, center, homeport facility for any ship, or other facility under
11the jurisdiction of the United States Department of Defense, as
12defined in paragraph (1) of subsection (g) of Section 2687 of Title
1310 of the United States Code.

14(2) “Affected local government” means any county or city
15identified as located wholly or partly within the boundaries of a
16military installation or as having a sphere of influence over any
17portion of the installation with responsibility for local zoning and
18planning decisions.

19(b) The Legislature hereby finds and declares all of the
20following:

21(1) Because of the tremendous economic impact that military
22installations have on the state, it is in the best interest of the state
23to facilitate their retention.

24(2) It is the intent of the Legislature to encourage cooperation
25among affected local governments in their efforts to retain military
26installations in this state by authorizing the creation of a joint
27powers authority pursuant to this section.

28(3) The Legislature also encourages affected local governments
29to engage other community-based organizations in their retention
30activities.

31(c) For the purposes of this article, a local retention authority
32shall be recognized for each active military installation in this
33state.

34(d) A list of retention authorities or their successors, including,
35but not limited to, separate airport or port authorities recognized
36as the local retention authority for the military installations, shall
37be maintained by the Office of Planning and Research. If multiple
38affected local governments are identified for a military installation
39as described in paragraph (2) of subdivision (a), those affected
40counties and cities may, by resolution, designate an existing joint
P16   1powers authority or establish a joint powers authority for the
2purposes of this article pursuant to Chapter 5 (commencing with
3Section 6500) of Division 7 of Title 1.

4(e) (1) The state shall recognize a local retention authority for
5each active military installation if resolutions acknowledging the
6authority as the local retention authority are adopted by all boards
7of supervisors and city councils for counties and cities identified
8as affected local governments as described in paragraph (2) of
9subdivision (a) and are forwarded to the Office of Planning and
10Research on or before October 1, 2016.

11(2) If prior to January 1, 2004, a local government was awarded
12grant moneys pursuant to any predecessor to former Section
1313998.8 or former Section 65053.5 for a specific military
14installation and still qualifies as an affected local government as
15described in paragraph (2) of subdivision (a), the recipient local
16government shall be recognized by the state as the local retention
17authority unless resolutions acknowledging a different authority
18are adopted by all county boards of supervisors and city councils
19for counties and cities identified as affected local governments
20described in paragraph (2) of subdivision (a), and are forwarded
21to the Office of Planning and Research.

22(f) If the necessary resolutions are not adopted and forwarded
23before October 1, 2016, the Office of Planning and Research, in
24consultation with Governor’s Office of Business and Economic
25Development, shall recognize a local retention authority for each
26military installation.

27

begin insert65053.6.end insert  

The local retention authority shall be recognized by
28all state agencies as the local retention planning authority for the
29military installation. The state shall encourage the federal
30government and other local jurisdictions to recognize similarly
31the authorities designated pursuant to Section 65053.5 for the
32purposes of retention activities.

end insert
begin delete
33

SECTION 1.  

Section 38561 of the Health and Safety Code is
34amended to read:

35

38561.  

(a) (1) On or before January 1, 2009, the state board
36shall prepare and approve a scoping plan, as that term is understood
37by the state board, for achieving the maximum technologically
38feasible and cost-effective reductions in greenhouse gas emissions
39from sources or categories of sources of greenhouse gases by 2020
40under this division.

P17   1(2) The state board shall consult with all state agencies with
2jurisdiction over sources of greenhouse gases, including the Public
3Utilities Commission and the State Energy Resources Conservation
4and Development Commission, on all elements of its plan that
5pertain to energy-related matters including, but not limited to,
6electrical generation, load based-standards or requirements, the
7provision of reliable and affordable electrical service, petroleum
8refining, and statewide fuel supplies to ensure the greenhouse gas
9emissions reduction activities to be adopted and implemented by
10the state board are complementary, nonduplicative, and can be
11implemented in an efficient and cost-effective manner.

12(b) The plan shall identify and make recommendations on direct
13emissions reduction measures, alternative compliance mechanisms,
14market-based compliance mechanisms, and potential monetary
15and nonmonetary incentives for sources and categories of sources
16that the state board finds are necessary or desirable to facilitate
17the achievement of the maximum feasible and cost-effective
18reductions of greenhouse gas emissions by 2020.

19(c) In making the determinations required by subdivision (b),
20the state board shall consider all relevant information pertaining
21to greenhouse gas emissions reduction programs in other states,
22localities, and nations, including the northeastern states of the
23United States, Canada, and the European Union.

24(d) The state board shall evaluate the total potential costs and
25total potential economic and noneconomic benefits of the plan for
26reducing greenhouse gases to California’s economy, environment,
27and public health, using the best available economic models,
28emission estimation techniques, and other scientific methods.

29(e) In developing its plan, the state board shall take into account
30the relative contribution of each source or source category to
31statewide greenhouse gas emissions, including the environmental
32benefits of renewable electrical generation facilities, and the
33potential for adverse effects on small businesses, and shall
34recommend a de minimis threshold of greenhouse gas emissions
35below which emissions reduction requirements will not apply.

36(f) In developing its plan, the state board shall identify
37opportunities for emissions reduction measures from all verifiable
38and enforceable voluntary actions, including, but not limited to,
39carbon sequestration projects and best management practices.

P18   1(g) The state board shall conduct a series of public workshops
2to give interested parties an opportunity to comment on the plan.
3The state board shall conduct a portion of these workshops in
4regions of the state that have the most significant exposure to air
5pollutants, including, but not limited to, communities with minority
6populations, communities with low-income populations, or both.

7(h) The state board shall update its plan for achieving the
8maximum technologically feasible and cost-effective reductions
9of greenhouse gas emissions at least once every five years.

end delete

CORRECTIONS:

Text--Pages 3, 8, 11, and 12.




O

Corrected 4-15-15—See last page.     98