BILL NUMBER: AB 1405 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 23, 2009
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
(Coauthors: Assembly Members Arambula, Caballero, Carter, Coto,
Fuentes, Hernandez, Mendoza, Salas, Saldana, and Solorio)
(Coauthors: Senators Pavley, Price, and Romero)
FEBRUARY 27, 2009
An act to add Section 38597.4 to the Health and Safety
Code, relating to air pollution. An act to add Part 5
(commencing with Section 71420) to Division 34 of the Public
Resources Code, relating to climate change.
LEGISLATIVE COUNSEL'S DIGEST
AB 1405, as amended, De Leon. California Global Warming Solutions
Act of 2006: California Climate Change 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 California Climate Change
Community Benefits Fund, and would require a minimum of 30%
10% of revenues generated for the state
each year from the state sale of compliance instruments for
market-based compliance mechanisms pursuant to the act,
including the fee discussed above, other than
revenues collected for administrative purposes, 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 or 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 would be required to prepare a report
by June 30, 2011, that describes how this bill will be implemented.
The bill would require the report to provide for the formation of an
independent panel to review, evaluate, and recommend approval of
projects and programs solicited for funding. The state board would
also be required to develop and adopt biennial plans for the use of
funds. , as defined, to fund programs or projects that
reduce greenhouse gas emissions or mitigate direct health, or
environmental, impacts of climate change through competitive grants,
loans, or other funding mechanisms. The Secretary for Environmental
Protection would be required to administer moneys appropriated from
the fund and would be required to establish criteria and procedures,
and meet other requirements in connection with implementation, as
provided.
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. Part 5 (commencing with Section 71420)
is added to Division 34 of the Public Resources Code
, to read:
PART 5. CALIFORNIA CLIMATE CHANGE COMMUNITY BENEFITS FUND
71420. It is the intent of the Legislature that:
(a) Investments made pursuant to this part include, to the
greatest extent possible, green collar employment opportunities for
low-income residents in the most impacted and disadvantaged
communities.
(b) The evaluation criteria for air pollution exposure consider,
at a minimum, criteria and toxic air pollutant levels, proximity to
sources of air pollution, and sensitive populations.
(c) The evaluation criteria for socioeconomic vulnerability
consider, to the extent feasible, multiple indicators, including, but
not limited to, poverty level, percent home ownership, unemployment
level, and educational attainment.
71421. As used in this part, "most impacted and disadvantaged
communities" means either those areas having the highest 10 percent
air pollution exposure and socioeconomic vulnerability within an air
basin that does not meet one or more national or state ambient air
quality standards, or those areas having the highest 10 percent
socioeconomic vulnerability to direct health, or environmental,
impacts of climate change.
71422. (a) There is established in the State Treasury the
California Climate Change Community Benefits Fund. A minimum of 10
percent of revenues generated for the state each year from the state
sale of compliance instruments for market-based compliance mechanisms
pursuant to Section 38570 of the Health and Safety Code, other than
revenues collected for administrative purposes, shall be deposited
into the California Climate Change Community Benefits Fund. The
moneys in the fund shall be used, upon appropriation by the
Legislature, for the purposes described in this part.
(b) Moneys in the California Climate Change Community Benefits
Fund shall be used solely in the most impacted and disadvantaged
communities.
(c) Notwithstanding Section 16475 of the Government Code, any
interest earned on moneys in the California Climate Change Community
Benefits Fund shall be deposited in the California Climate Change
Community Benefits Fund for expenditure pursuant to this part.
(d) Up to 5 percent of the moneys in the California Climate Change
Community Benefits Fund may be used for purposes of administering
this part, upon appropriation by the Legislature.
(e) To the extent that funds are provided to existing programs,
those funds shall be used to supplement, not supplant, those programs
to meet the goals of this part.
71423. (a) The Secretary for Environmental Protection shall
administer moneys appropriated from the California Climate Change
Community Benefits Fund and shall establish criteria and procedures
for the implementation of this part. The secretary shall implement
the program created pursuant to this part no later than six months
after a market-based compliance mechanism, as described in Section
38570 of the Health and Safety Code, becomes operative.
(b) Moneys in the California Climate Change Community Benefits
Fund shall be used to fund programs or projects that reduce
greenhouse gas emissions or mitigate direct health, or environmental,
impacts of climate change, through competitive grants, loans, or
other funding mechanisms. Moneys may be appropriated for green collar
employment opportunities for the most impacted and disadvantaged
communities.
(c) (1) The Secretary for Environmental Protection, in
consultation with the Climate Action Team, shall use a geographic
information system-based method, to the extent feasible, to identify
the most impacted and disadvantaged communities that qualify for
funding using census block or tract level data, to the extent
reasonably available.
(2) The identification of the most impacted and disadvantaged
communities shall be done through an open and public process, no
later than six months after a market-based compliance mechanism, as
described in Section 38570 of the Health and Safety Code, becomes
operative.
(3) The identification of the most impacted and disadvantaged
communities may be modified periodically in an open and public
process.
(4) The scientific basis for the identification of the most
impacted and disadvantaged communities shall be subject to peer
review pursuant to Section 57004 of the Health and Safety Code.
71424. (a) The Secretary for Environmental Protection, following
an open and public process, shall develop and adopt a report that
describes the support structure and framework for the implementation
of this part, the types of programs and projects to be funded under
this part, the selection and oversight process for the projects and
programs to be funded, and the eligibility criteria. The report shall
be made available to the public on the California Environmental
Protection Agency's Internet Web site.
(b) No later than six months after a market-based compliance
mechanism, as described in Section 38570 of the Health and Safety
Code, becomes operative, and every two years thereafter, the
Secretary for Environmental Protection, in consultation with the
Climate Action Team, in an open process, shall develop and adopt
biennial plans describing the specific type of programs and projects
to be solicited for funding during the two-year period. The report
shall be made available to the public on the California Environmental
Protection Agency's Internet Web site.
(c) The Secretary for Environmental Protection shall convene a
review panel to make recommendations and review the development of
policies, plans, and programs as they relate to this part.
(d) To the extent practical, existing support structures,
frameworks, and programs shall be used to implement this part.
SECTION 1. It is the intent of the Legislature
that investments made pursuant to this act shall include, to the
greatest extent possible, green collar employment opportunities for
low-income residents of the targeted communities.
SEC. 2. 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 remaining
revenues generated each year pursuant to this division, including,
but not limited to, Section 38597, other than revenues collected for
administrative purposes, 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 or mitigate direct health impacts of climate
change in those communities. Funds appropriated shall be used to
provide competitive grants for projects that reduce greenhouse gas
emissions, 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 air pollution.
(B) Increase water and energy efficiency and conservation through
retrofitting, replacing, or weatherizing activities.
(C) Install clean distributed generation systems that utilize
locally available renewable energy sources such as solar, wind, and
geothermal energy.
(D) Initiate or enhance public mass transit, including fare
subsidies to commuters.
(E) Incentive low-income, public mass transit-oriented housing
development.
(F) Minimize the direct health impacts of climate change and
prepare for emergencies from extreme weather events by taking actions
such as the operation of air-conditioned cooling centers that are
open to the public.
(G) Provide community-based greening, forestry, or water-related
projects, such as stormwater capture, tree planting, and water
conservation and efficiency measures that have been recognized to
reduce greenhouse gas emissions and produce cobenefits.
(2) The state board shall, before June 30, 2010, adopt a
methodology to identify the most impacted and disadvantaged
communities, meeting all of the following requirements:
(A) The methodology shall identify, through a peer review and
public process, the most impacted and disadvantaged communities as
those areas within each air basin with the highest 10 percent of air
pollution impacts, taking into account air pollution exposure and
socioeconomic indicators.
(B) The state board shall limit its analysis to a consideration of
only socioeconomic indicators for any air basin where variations of
air pollution exposure within the air basin cannot be determined.
(C) The air pollution exposure indicators to be considered shall
include, but not be limited to, criteria and toxic pollutant levels,
proximity to sources, and land use, to the extent data is readily
available.
(D) The socioeconomic indicators to be considered shall include,
but not be limited to, income and poverty level, educational
attainment, linguistic isolation, and vulnerability to air pollution
impacts, to the extent data is readily available.
(E) The methodology shall be reviewed and updated as necessary
through a peer review and public process along with the update of the
scoping plan required by subdivision (h) of Section 38561.
(3) (A) Before June 30, 2011, the state board, in an open public
process, shall develop and adopt a report that describes the support
structure and framework for the implementation of this section, the
types of projects and programs to be funded under this section, the
selection and oversight process for the projects and programs to be
funded under this section, and the eligibility criteria for the
projects and programs to be funded under this section. The state
board, in its discretion, may consult with other agencies in
developing the report. The report shall also provide for the
formation and structure of an independent panel to review, evaluate,
and recommend approval of the programs and projects solicited for
funding and the biennial plans required by subparagraph (B).
(B) Before December 30, 2011, and every two years thereafter, the
state board, in an open public process, shall develop and adopt
biennial plans describing the specific type of programs and projects
to be solicited for funding during the two-year period.
(C) The environmental justice advisory committee convened pursuant
to subdivision (a) of Section 38591 shall be consulted in developing
the biennial plans pursuant to subparagraph (B), including in the
development of draft plans. Draft plans shall be submitted to the
environmental justice advisory committee, and the committee shall
make recommendations on those draft plans, that shall be considered
prior to the adoption of the biennial plans pursuant to subparagraph
(B).
(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
climate change 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.