BILL NUMBER: AB 1405	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members De Leon and V. Manuel Perez

                        FEBRUARY 27, 2009

   An act to amend Section 38597 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1405, as introduced, De Leon. California Global Warming
Solutions Act of 2006: Community Benefits Fund.
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program, and requires the state board to adopt a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020. The act requires the
state board to adopt rules and regulations in an open public process
to achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions. The act authorizes the state
board to include the use of market-based compliance mechanisms. The
act authorizes the state board to adopt a schedule of fees to be paid
by the sources of greenhouse gas emissions regulated pursuant to the
act, and requires the revenues collected pursuant to that fee to be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for purposes of carrying out the
act.
   This bill would establish the Community Benefits Fund, and would
require an unspecified percentage of revenues generated pursuant to
the act, including the fee discussed above, to be deposited into that
fund. The moneys in the fund would be used, upon appropriation by
the Legislature, in the most impacted and disadvantaged communities
in California to accelerate greenhouse gas emission reductions and
mitigate direct health impacts of climate change.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 38597 of the Health and Safety Code is amended
to read:
   38597.   (a)    The state board may adopt by
regulation, after a public workshop, a schedule of fees to be paid by
the sources of greenhouse gas emissions regulated pursuant to this
division, consistent with Section 57001. The revenues collected
pursuant to this section,  except as provided in subdivision (b),
 shall be deposited into the Air Pollution Control Fund and are
available  , upon appropriation  ,  by the
Legislature, for purposes of carrying out this division. 
   (b) There is hereby established in the State Treasury the
Community Benefits Fund. ____ percent of the revenues generated
pursuant to this division, including, but not limited to, subdivision
(a), shall be deposited into the Community Benefits Fund. The moneys
in the fund shall be used, upon appropriation by the Legislature, in
the most impacted and disadvantaged communities in California to
accelerate greenhouse gas emission reductions and mitigate direct
health impacts of climate change.