BILL NUMBER: SB 333 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2009
INTRODUCED BY Senator Hancock
( Coauthor: Senator Pavley
)
FEBRUARY 25, 2009
An act to add Part 8 (commencing with Section 38600) to Division
25.5 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 333, as amended, Hancock. Voluntary Greenhouse Gas Emission
Offset Program 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 levels level in 1990 to be
achieved by 2020.
This bill would create the Voluntary Greenhouse Gas Emission
Offset Program Fund, and would provide that funds received by the
state on a voluntary basis from the federal government, individuals,
businesses, organizations, industry, or other sources for the
mitigation of climate change impacts related to greenhouse gas
emissions be deposited in this fund. The moneys in the fund would be
available, upon appropriation, for expenditure by the Natural
Resources Agency for specified projects through a
competitive grant process . The bill would require that moneys
from the fund be directed to the California Conservation Corps and
local conservation corps for specified projects. The Natural
Resources Agency would be required, by October 1, 2010
2012 , to adopt guidelines for the distribution
of moneys from the fund and to develop strategies for the sale of
voluntary greenhouse gas emission offsets by the state and other
opportunities for contributions by the public to the Voluntary
Greenhouse Gas Emission Offset Program Fund.
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. The Legislature finds and declares all of the
following:
(a) The enactment of the California Global Warming Solutions Act
of 2006 (Division 25.5 (commencing with Section 38500) of the Health
and Safety Code) requires the creation of greenhouse gas emission
limits and measures which, along with other legislative and
administrative initiatives, will lead to significant reductions in
the level of greenhouse gases emitted in California.
(b) California sponsors education and incentive programs for
residences and businesses to reduce energy use, and has encouraged
increased commercial and residential recycling and other
environmentally sound practices.
(c) Change in personal habits and lifestyles to reduce dependence
on greenhouse gas-emitting energy production is critical to efforts
to address climate change.
(d) California has a longstanding commitment to wind and solar
energy. Increased development of, and accessibility to, alternative
sources of energy remain important. Continued research is essential
to making alternative energy more attractive to business and
residential users.
(e) Public confidence in verifiable mitigation efforts is an
important component to any greenhouse gas emission reduction effort
and providing a public option combined with a youth development and
skills program integral to the projects would give donors the
assurance that funds invested are being spent on the projects
promised.
(f) It is the intent of the Legislature that businesses,
industries, and the general public have an opportunity to reduce the
impact of their "carbon footprint" by donating money to a state fund
dedicated to recognized environmental efforts at reducing the effects
of greenhouse gas emissions and energy consumption on the
environment.
(g) This act creates a Voluntary Greenhouse Gas Emission Offset
Program Fund to receive, on behalf of the State of California, funds
from federal, state, and regional sources as well as private
donations to be invested in environmentally sound greenhouse gas
emission offset projects. These projects would also provide
opportunities for youth and adults to learn career skills leading to
further education or employment opportunities.
SEC. 2. Part 8 (commencing with Section 38600) is added to
Division 25.5 of the Health and Safety Code, to read:
PART 8. Voluntary Greenhouse Gas Emission Offset Program Fund
38600. The Voluntary Greenhouse Gas Emission Offset Program Fund
is hereby created in the State Treasury. Funds received by the state
on a voluntary basis from the federal government, individuals,
businesses, organizations, industry, or other sources for the
mitigation of climate change impacts related to greenhouse gas
emissions shall be deposited in the fund for expenditure in
accordance with this part.
38601. (a) Upon appropriation by the Legislature, moneys in the
Voluntary Greenhouse Gas Emission Offset Program Fund may be expended
by the Resources Agency Natural Resources
Agency through a competitive grant process for all of the
following purposes:
(1) Projects that reduce greenhouse gas emissions, meeting
protocols approved by the state board. As protocols are adopted by
the state board, the scope of projects may expand into new areas.
(2) Projects to protect public trust resources and natural systems
from unavoidable impacts of climate change.
(3) Urban greening projects, including urban forestry projects.
(b) All approved projects shall involve collaboration with the
California Conservation Corps, local conservation corps, nonprofit
conservancy organizations, urban forestry nonprofit organizations, or
other nonprofit organizations. All projects shall have an education
and skills development component to further education or employment
opportunities.
38602. (a) Upon appropriation by the Legislature, moneys in the
Voluntary Greenhouse Gas Emission Offset Program Fund shall be
directed by the Natural Resources Agency to the California
Conservation Corps and local conservation corps for the planting and
maintenance of trees and plants in accordance with the protocols
established by the state board as having mitigating effects on global
warming, or other identified projects consistent with protocols
adopted by the state board. The forestation projects may be conducted
on public lands, parks, and lands identified as open space or in
conservation trusts. The California Conservation Corps and the local
conservation corps may collaborate with schools, community
organizations, and businesses to maximize the offset efforts in the
state.
(b) Moneys may also be directed to nonprofit conservancy
organizations, urban forestry nonprofit organizations, and other
nonprofit organizations for the planting and maintenance of trees and
plants in accordance with the protocols established by the state
board as having mitigating effects on global warming, or other
identified projects consistent with protocols adopted by the state
board. The forestation projects may be conducted on public lands,
parks, and lands identified as open space or in conservation trusts.
38603. The Natural Resources Agency shall adopt by
October 1, 2010 2012 , guidelines for
the distribution of moneys pursuant to this part. The guidelines
shall include requirements for grant applicants and the basis for
selection criteria for the education and skills components required
of all projects. The education and skills component shall be related
to the adopted protocols, including, but not limited to, soil
conservation, forestation, afforestation, and reforestation. The
education and skills component may vary from project to project and
may vary by grantee.
38604. (a) The Natural Resources Agency shall develop,
by October 1, 2010 2012 , strategies
for the sale of voluntary greenhouse gas emission offsets by the
state, including online sales, and other opportunities for
contributions by the public to the Voluntary Greenhouse Gas Emission
Offset Program Fund. As soon as practicable, these sale and
contribution opportunities shall be made available to the general
public.
(b) The state board, in collaboration with the Natural
Resources Agency, may use any appropriate system to determine the
value of any greenhouse gas emission offsets that are sold by the
state for the purposes of this part. All proceeds from these sales
shall be deposited in the Voluntary Greenhouse Gas Emission Offset
Program Fund.
38605. The offset program developed pursuant to this part shall
ensure that greenhouse gas emission reductions are both of the
following:
(a) Real, permanent, quantifiable, verifiable, and enforceable by
the state board.
(b) In addition to any greenhouse gas emission reductions
otherwise required by any law or regulation, and any other greenhouse
gas emission reductions that otherwise would occur.