BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 706 (Pavley) - Greenhouse Gas Reduction Fund: alternative fuels ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2015 |Policy Vote: E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 706 would explicitly include funding to encourage the in-state production of alternative fuels with low-carbon intensity using sustainable feedstock as an eligible use of Greenhouse Gas Reduction Fund (GGRF). Fiscal Impact: Cost pressures in the millions to tens of millions of dollars to the Greenhouse Gas Reduction Fund (special) for funding the in-state production of alternative fuels with low carbon intensity. Background: Under the California Global Warming Solutions Act of 2006 (referred to as AB 32, HSC §38500 et seq.) 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 SB 706 (Pavley) Page 1 of ? 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. All monies, except for fines and penalties, collected pursuant to a market-based mechanism are deposited in the Greenhouse Gas Reduction Fund (GGRF) (Government Code §16428.8). Existing law requires that the GGRF only be used to facilitate the achievement of reductions of GHG emissions consistent with AB 32 (HSC §39710 et seq.). To this end, the Department of Finance, in consultation with the ARB and any other relevant state agencies, is required to develop, as specified, a three-year investment plan for the moneys deposited in the GGRF. The investment plan must 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. Additionally, the ARB, in consultation with CalEPA, is required 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. Proposed Law: This bill would require that funds to encourage the in-state production of alternative fuels with low-carbon intensity using sustainable feedstock be available from the GGRF. Staff Comments: Existing law generally allows the GGRF to be used for investments that reduce GHGs in the state. Section 39712(c) contains a non-exclusive list of eligible investments such as goods and freight movement technology, advanced biofuels, strategic planning and development of sustainable infrastructure, and diversion of municipal solid waste from disposal. This bill would add the promotion of in-state production of low-carbon alternative fuels using sustainable feedstock as an explicit eligible recipient of GGRF monies. So long as production of low-carbon alternative fuels would reduce GHG emissions in the state, that activity is already eligible to receive funding from the GGRF under the existing law. As such, this bill does not expand the universe for which SB 706 (Pavley) Page 2 of ? the GGRF can be used. However, this bill also states that funding "shall" be available for this purpose, creating cost pressures. Staff notes that this bill is drafted unclearly in that it is adding a required investment, in-state production of low-carbon alternative fuels, within a list of eligible, but not required investments. -- END --