Amended in Senate May 5, 2015

Amended in Senate April 6, 2015

Senate BillNo. 760


Introduced by Senator Mendoza

February 27, 2015


An act to add Division 45 (commencing with Section 75500) to the Public Resources Code, relating tobegin delete climate change.end deletebegin insert disadvantaged communities.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 760, as amended, Mendoza. Disadvantaged Community Enhancement Act of 2015.

begin delete

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 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 by the Legislature.

end delete

Existing law establishes the Strategic Growth Council consisting of specified members and requires the council to, among other things, develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives.

This bill would require the council to develop and implement the Disadvantaged Community Enhancement Program to award grants to disadvantaged communities, as defined, to facilitate projects for community enhancement improvementsbegin delete that reduce greenhouse gas emissions in furtherance of the goals of the California Global Warming Solutions Act of 2006 andend delete that provide to eligible applicants multiple environmental benefits.begin delete The bill would authorize the council, upon appropriation by the Legislature, to expend moneys in the fund to implement the program. The bill would require the State Air Resources Board to determine a methodology for quantifying carbon reduction benefits of proposed projects and the community enhancement improvements.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:

P2    1

SECTION 1.  

Division 45 (commencing with Section 75500)
2is added to the Public Resources Code, to read:

3 

4Division 45.  Disadvantaged Community
5Enhancement

6

6 

7PART 1.  General Provisions and Definitions

8

 

9

75500.  

This division shall be known, and may be cited as, the
10Disadvantaged Community Enhancement Act of 2015.

11

75501.  

It is the intent of the Legislature, in enacting this
12division, to provide additional funding opportunities to address
13infrastructure challenges in California’s most disadvantaged
14communities and promote projects that provide for cobenefits that
15address physical blight andbegin delete deficiencies while addressing climate
16change.end delete
begin insert deficiencies.end insert

17

75502.  

For purposes of this division, the following terms mean
18the following:

19(a) “Active transportation program” means the program
20established pursuant to Section 2380 of the Streets and Highway
21Code.

22(b) “Council” means the Strategic Growth Council established
23pursuant to Section 75121.

P3    1(c) “Disadvantaged community” means a community identified
2as a disadvantaged community pursuant to Section 39711 of the
3Health and Safety Code.

4(d) “Eligible applicant” means a city, county, city and county,
5special district, Native American tribe, state conservancy, or a
6qualified nonprofit organization.

7(e) “Program” means the Disadvantaged Community
8Enhancement Program established pursuant to Section 75510.

9 

10PART 2.  Disadvantaged Community Enhancement
11Program

12

 

13

75510.  

The council shall develop and implement the
14Disadvantaged Community Enhancement Program to award grants
15to disadvantaged communities to facilitate projects for community
16enhancement improvementsbegin delete that reduce greenhouse gas emissions
17in furtherance of the goals of the California Global Warming
18Solutions Act of 2006 (Division 25.5 (commencing with Section
1938500) of the Health and Safety Code) andend delete
that provide to
20disadvantaged communities multiple environmental benefits.

21

75511.  

Eligible community enhancement improvements
22include, but are not limited to, any of the following:

23(a) Land acquisitions in urban settings of blighted or
24contaminated properties serving little sequestration benefit for
25greenspace conversion.

26(b) Urban greening projects including urban forestry and
27landscaping.

28(c) Park development and land protection for passive or active
29recreation.

30(d) Hardscape conversions and repurposing of lands to serve
31greenspace benefits.

32(e) Nonmotorized trail and other active transportation projects.

33(f) Heat island mitigation.

34(g) Planning of a sustainable community.

35

75512.  

(a) The council shall award grants to eligible applicants
36through a competitive process. In prioritizing the award, the council
37shall consider both of the following:

38(1) Factors of the community benefiting from the award,
39including all of the following:

40(A) The poverty rate.

P4    1(B) The unemployment rate.

2(C) The childhood obesity rate and incidents of asthma.

3(D) The availability of greenspace and venues for physical
4activity.

5(E) The lack of nonmotorized infrastructure supporting an active
6transportation program.

7(F) The levels of air pollution.

8(G) The drinking water quality.

9(H) The groundwater quality, if applicable.

10(2) The environmental benefits resulting from the project,
11including, but not limited to, the following:

12(A) Water quality improvement.

13(B) Groundwater, storage, recharge, or remediation.

14(C) Storm water capture.

15(b) The council shall give priority to eligible applicants and
16projects that are located wholly within distressed watershed areas
17with significant populations and heavy concentrations of industrial
18facilities and trade corridor activity.

19

75513.  

(a) To receive a grant for a project pursuant to the
20program, an eligible applicant shall submit an application, as
21prescribed by the council, that contains information regarding the
22factors and environmental benefits described in Section 75512.

23(b) In addition to subdivision (a), the applicant shall also include
24in the application the following information:

25(1) A clear articulation on how the grant would be used to
26address the factors and provide the environmental benefits
27 described in Section 75512.

28(2) The leveraging of other sources of funds to facilitate and
29maximize the benefits from the proposed community enhancement
30improvements.

begin delete

31(3) A demonstration on how the community enhancement
32improvements would assist the state in meeting the greenhouse
33gas emissions reduction goals established pursuant to the California
34Global Warming Solutions Act of 2006 (Division 25.5
35(commencing with Section 38500) of the Health and Safety Code.

end delete
36

75514.  

Awards made pursuant to this division shall not supplant
37other sources of funding designed to benefit disadvantaged
38communities.

begin delete
39

75515.  

For purposes of verifying carbon reduction benefits
40resulting from the implementation of eligible projects, the State
P5    1Air Resources Board shall perform a study to determine a
2methodology for quantifying carbon reduction benefits of proposed
3projects and the community enhancement improvements specified
4in Section 75511.
5

end delete
begin delete

5 

6PART 3.  Fiscal Provision

7

 

8

75520.  

The council may, upon appropriation by the Legislature,
9expend moneys from the Greenhouse Gas Reduction Fund
10established pursuant to Section 16428.8 of the Government Code
11to implement the program.

end delete


O

    97