BILL NUMBER: AB 1405	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 28, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Members De Leon and V. Manuel Perez
    (   Coauthor:   Assembly Member  
Carter   ) 

                        FEBRUARY 27, 2009

   An act to add Section 38597.4 to the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1405, as amended, 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   a minimum
of 30%  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 in those communities. The state
board would be required to develop a methodology to identify the most
impacted and disadvantaged communities. The state board, the State
Energy Resources Conservation and Development Commission, and the
State Department of Public Health would be required to jointly
develop and recommend  semiannual   biennial
 plans for the use of funds.
   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 38597.4 is added to the Health and Safety Code,
to read:
   38597.4.  (a) There is hereby established in the State Treasury
the Community Benefits Fund.  ____   A minimum
of 30  percent of the total revenues generated each year
pursuant to this division, including, but not limited to, Section
38597, shall be deposited by the state board into the Community
Benefits Fund. The moneys in the fund shall be used, upon
appropriation by the Legislature, for the purposes described in
subdivision (b).
   (b) (1) Funds appropriated by the Legislature from the Community
Benefits Fund shall be used solely in the most impacted and
disadvantaged communities in California to accelerate greenhouse gas
emission reductions and mitigate direct health impacts of climate
change in those communities. The Community Benefits Fund shall be
used to provide competitive grants for projects, including, but not
limited to, any projects that do any of the following:
   (A) Reduce greenhouse gas emissions, while achieving cobenefits
such as reductions in other air pollutants and energy efficiency.
   (B) Minimize health impacts caused by global warming.
   (C) Assist small businesses to reduce their greenhouse gas
emissions.
   (D) Install or replace equipment that reduces greenhouse gas
emissions.
   (E) Improvements to mass transit that reduce greenhouse gas
emissions, including, but not limited to, subsidies to commuters.
   (F) Clean distributed electricity generation systems that reduce
greenhouse gas emissions.
   (G) Energy efficiency upgrades for schools, senior centers, or
low-income housing that reduce greenhouse gas emissions.
   (H) Emergency preparedness for extreme weather events caused by
global warming.
   (2) The state board shall develop a methodology to identify the
most impacted and disadvantaged communities.  The methodology
shall ensure that the most impacted and disadvantaged communities are
the areas within each air basin with the highest 10 percent of air
pollution exposure within the basin, taking into account
socioeconomic factors and the proximity of people to air pollution
sources. 
   (3) The state board, the State Energy Resources Conservation and
Development Commission, and the State Department of Public Health
shall jointly develop  semiannual   biennial
 plans for the use of funds under this section.
   (4) Notwithstanding any other provision of this section, projects
shall only be funded if the state board determines, based on the
facts available to it, that the use of moneys for that project would
be consistent with Article XIII A of the California Constitution and
case law construing that provision. The state board shall ensure in
this regard that no feepayer pays for a disproportionate share of the
global warming harm addressed by this section. 
   (c) Costs incurred to implement the requirements of this section
may be recovered under the fee authority described in Section 38597.