BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Wieckowski, Chair
                                2015 - 2016  Regular 
           
          Bill No:            SB 1464
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          |Author:    |De León                                              |
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          |Version:   |4/11/2016              |Hearing      |4/20/2016       |
          |           |                       |Date:        |                |
          |-----------+-----------------------+-------------+----------------|
          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rebecca Newhouse                                     |
          |           |                                                     |
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          SUBJECT:  California Global Warming Solutions Act of 2006:   
          greenhouse gas emissions reduction

            ANALYSIS:
          
          Existing law:  
          
          1) Under the California Global Warming Solutions Act of 2006  
             (also known as AB 32), requires the California Air Resources  
             Board (ARB) to determine the 1990 statewide greenhouse gas  
             (GHG) emissions level and approve a statewide GHG emissions  
             limit that is equivalent to that level, to 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 these regulations.   
             (Health and Safety Code §38500 et seq.) 

          2) Establishes the Greenhouse Gas Reduction Fund (GGRF) in the  
             State Treasury, requires all moneys, except for fines and  
             penalties, collected pursuant to a market-based mechanism be  
             deposited in the fund.  (Government Code §16428.8)

          3) Requires the Department of Finance, in consultation with the  
             state board and any other relevant state agency, to develop a  
             three-year investment plan for the moneys deposited in the  
             GGRF that does all of the following (HSC §39716):

             a)    Identifies the state's near-term and long-term GHG  
                emissions reduction goals and targets by sector.








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             b)    Analyzes gaps in state strategies to meeting the  
                state's GHG emissions reduction goals and targets by  
                sector.

             c)    Identifies priority programmatic investments of moneys  
                that facilitate the achievement of feasible and  
                cost-effective GHG emissions reductions toward achievement  
                of GHG emission reduction goals and targets by sector.  

          This bill requires the Investment Plan recommend metrics that  
          would measure progress and benefits from the proposed  
          programmatic investments, and, in identifying priority  
          programmatic investments, requires the Investment Plan to do  
          both of the following: 

             a)    Assess how proposed investments interact with current  
                state regulations, policies, and programs.

             b)    Evaluate if and how proposed investments could be  
                incorporated into existing programs.
            
          Background
          
          1) Cap-and-trade auction revenue.  Since November 2012, ARB has  
             conducted 14 cap-and-trade auctions, generating over $4  
             billion in proceeds to the state.  

             State law specifies that the auction revenues must be used to  
             facilitate the achievement of GHG emissions reductions and  
             outlines various categories of allowable expenditures.   
             Statute further requires the Department of Finance, in  
             consultation with ARB and any other relevant state agency, to  
             develop a three-year investment plan for the auction  
             proceeds, which are deposited in the GGRF.  

             Disadvantaged communities.  SB 535 (de León, Chapter 830,  
             Statutes of 2012) requires the Department of Finance, in the  
             investment plan, to allocate at least 25% of available moneys  
             in the GGRF to projects that provide benefits to  
             disadvantaged communities, and at least 10% to projects  
             located within disadvantaged communities.  

             To meet the SB 535 mandate, the Office of Environmental  
             Health Hazard Assessment, under CalEPA's guidance, developed  








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             a tool (termed CalEnviroScreen) to assess and rank census  
             tracts across the state that are disproportionately affected  
             by multiple types of pollution and areas with vulnerable  
             populations.  CalEPA has designated 25% of census tracts in  
             California as disadvantaged communities for the purpose of  
             investing cap-and-trade proceeds.  

             Additionally, SB 862 (Committee on Budget and Fiscal Review,  
             Chapter 36, Statutes of 2014) requires ARB to develop  
             guidelines on maximizing benefits for disadvantaged  
             communities by agencies administering GGRF funds. 

             Legal consideration of cap-and-trade auction revenues.  The  
             2012-13 Budget analysis of cap-and-trade auction revenue by  
             the Legislative Analyst's Office noted that, based on an  
             opinion from the Office of Legislative Counsel, the auction  
             revenues should be considered mitigation fee revenues, and  
             their use requires that a clear nexus exist between an  
             activity for which a mitigation fee is used and the adverse  
             effects related to the activity on which that fee is levied.   
             Therefore, in order for their use to be valid as mitigation  
             fees, revenues from the cap-and-trade auction must be used to  
             mitigate GHG emissions or the harms caused by GHG emissions. 

             In 2012, the California Chamber of Commerce filed a lawsuit  
             against the ARB claiming that cap-and-trade auction revenues  
             constitute illegal tax revenue.  In November 2013, the  
             superior court ruling declined to hold the auction a tax,  
             concluding that it is more akin to a regulatory fee.  In  
             February of 2014, the plaintiffs filed an appeal with the 3rd  
             District Court of Appeal in Sacramento.  That case is  
             currently pending.

             Budget allocations.  SB 862 (Committee on Budget and Fiscal  
             Review, Chapter 36, Statutes of 2014) established a long-term  
             cap-and-trade expenditure plan by continuously appropriating  
             portions of the funds for designated programs or purposes.   
             The legislation appropriates 25% for the state's high-speed  
             rail project, 20% for affordable housing and sustainable  
             communities grants, 10% to the Transit and Intercity Rail  
             Capital Program, and 5% for low-carbon transit operations.   
             The remaining 40% is available for annual appropriation by  
             the Legislature.  









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             The Governor's 2016-17 proposed budget appropriates over $3  
             billion to a variety of programs and projects in the  
             transportation, energy, natural resources, and waste  
             diversion sectors. 

             Since 2013, GGRF moneys have been appropriated to 12  
             different agencies to administer 22 different programs.  

          2) Investment plan.  Pursuant to AB 1532 (Pérez, Chapter 807,  
             Statutes of 2012), the first three-year Investment Plan for  
             cap-and-trade auction proceeds, developed by Department of  
             Finance in consultation with ARB and other state agencies and  
             covering 2013-2015, was submitted to the Legislature in May  
             2013.  The plan identified 1) sustainable communities and  
             clean transportation, 2) energy efficiency and clean energy,  
             and 3) natural resources and waste diversion as the three  
             broad categories that provide the best opportunities, in that  
             order, for achieving the legislative goals of AB 32 via  
             auction proceeds.  In addition, SB 535 directs that threshold  
             levels of investment be made to benefit disadvantaged  
             communities.  Within those categories, the plan identified a  
             range of programs and measures to reduce GHG emissions,  
             benefit disadvantaged communities, and provide other  
             cobenefits, such as reduced air pollution, diversification of  
             energy and fuels, and spurring relevant technological  
             innovation.

             The Second Plan was released in January 2016, and like the  
             First Investment Plan, proposes diverse strategies under the  
             same three major investment categories, identifies gaps in  
             the current investment portfolio, and suggests approaches  
             that would help address these gaps.

          3) LAO findings.  According to the Legislative Analyst's Office  
             February 2016 report on the Governor's proposed resources and  
             environmental protection budget expenditures, the Investment  
             Plan lacks the necessary analysis needed to develop a  
             framework for spending.  They also state that the Investment  
             Plan does not explicitly address how new programs might  
             interact with existing regulations or programs, and that  
             proposals from the administration lack reliable estimates of  
             benefits, which make it difficult to evaluate which set of  
             programs are likely to best achieve state priorities and  
             provide the greatest overall benefits, compared to  








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             alternative strategies.  
            
          Comments
          
          1) Purpose of Bill.  According to the author, "Cap-and-trade  
             auction revenue, with proceeds to the state of over $4  
             billion since the initial auction, has been appropriated to  
             more than 12 different agencies to administer a variety of  
             programs to reduce GHG emissions and provide cobenefits,  
             including benefits to disadvantaged communities.  In 2012,  
             the Legislature directed the Department of Finance to prepare  
             an investment plan every three years to help guide  
             Legislative appropriation of the proceeds.  The Investment  
             Plan is required to assess gaps in the state's strategies to  
             meet climate goals, and identify priority investments.   
             However, as the Legislative Analyst's Office has noted in  
             their recent budget report, the Investment Plan does not  
             provide a robust analysis with which to evaluate proposals  
             for GGRF spending, including how proposed investments  
             interact with the current state programs.  Additionally, the  
             LAO reports the lack of specificity of benefits assigned to  
             administration budget proposals, and the difficulty this  
             poses in evaluating these proposals for funding.  On top of  
             this, the GGRF fund keeps growing, with the potential to fund  
             a variety of new programs.  SB 1464 requires the Investment  
             Plan to consider how proposed investments interact with  
             current state programs, and if those investments and programs  
             can be incorporated into current state programs.  SB 1464  
             also requires the investment plan recommend metrics that  
             would measure progress and benefits from the proposed  
             programmatic investments.  In this way, the Investment Plan  
             will better serve its original statutory intent-to guide the  
             Legislature in funding an optimized strategy of complementary  
             investments to maximize GHG emissions reductions and  
             cobenefits from the GGRF, especially in those communities  
             disproportionately burdened by pollution." 

           
          SOURCE:                    Author  

           SUPPORT:               

          None received  









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           OPPOSITION:    

          None received  


           
                                          
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