Senate Bill No. 1398

Introduced by Senator Leyva

February 19, 2016

An act to amend Section 39713 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

SB 1398, as introduced, Leyva. Greenhouse gases: investment plan.

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 requires the board to adopt greenhouse gas emission limits and emission reduction measures by regulation, and authorizes the state board to include the use of market-based compliance mechanisms to comply with the regulations. Existing law requires all moneys, except for fines and penalties, collected by the state board 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 requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law requires the investment plan to allocate a minimum of 25% of the available moneys in the fund to projects that provide benefits to disadvantaged communities and a minimum of 10% to projects located in disadvantaged communities. Existing law provides that the allocation of 10% for projects located in disadvantaged communities may be used for projects included in the minimum allocation of 25% for projects that provide benefits to disadvantaged communities.

This bill would make nonsubstantive changes to the latter provisions.

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

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

SECTION 1.  

Section 39713 of the Health and Safety Code is
amended to read:

39713.  

(a) The investment plan developed and submitted to
the Legislature, pursuant to Section 39716, shall allocate begin delete a
minimum of end delete begin insert at least end insert 25 percent of the available moneys in the
fund to projects that provide benefits to communities described in
Section 39711.

(b) The investment plan shall allocate begin delete a minimum of end delete begin insert at least end insert 10
percent of the available moneys in the fund to projects located
within communities described in Section 39711.

(c) The allocation pursuant to subdivision (b) may be, but need
not be, for projects included, in whole or in part, in the set of
projects supported by the allocation described in subdivision (a).