Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2348

Introduced by Assembly Member Stone

February 21, 2014

An act to add Chapter 4.3 (commencing with Section 39740) to Part 2 of Division 26 of the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2348, as amended, Stone. Natural Resources Climate Improvement Program.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required 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 authorizes the state board to include use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.

This bill would establish the Natural Resources Climate Improvement Program, which would be administered by the begin delete state board end delete begin insert Natural Resources Agency end insert , in coordination with the begin delete Natural Resources Agency end delete begin insert state board end insert , to assist in the development and implementation of begin delete highly-leveraged, regionally integrated end delete natural resources projects begin insert selected by state conservancies and the Wildlife Conservation Board end insert that maximize greenhouse gas begin delete emissions end delete begin insert emission end insert reductions or sequestration. This bill would authorize moneys from the Greenhouse Gas Reduction Fund to be available, upon appropriation by the Legislature, begin delete to the state board end delete to implement the Natural Resources Climate Improvement Program.

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.  

Chapter 4.3 (commencing with Section 39740)
is added to Part 2 of Division 26 of the Health and Safety Code,
to read:

 

Chapter  4.3. Natural Resources Climate Improvement
Program

 

39740.  

(a)  begin delete The end delete begin insert It is the intent of the Legislature, in enacting
this chapter, to establish a program that creates guidelines for use
by the state conservancies and the Wildlife Conservation Board
of cap and trade auction revenues in the Greenhouse Gas
Reduction Fund for the purpose of investing in natural resources
projects that maximize greenhouse gas emission reductions or
sequestration. end insert

begin insert (b) end insert begin insert   end insert begin insert The end insert Natural Resources Climate Improvement Program is
hereby established begin delete and end delete begin insert , which end insert shall be administered by the begin delete state
board, in coordination with the end delete Natural Resources Agency, begin insert in
coordination with the state board, end insert to assist in the development and
implementation of begin delete highly-leveraged, regionally integrated end delete natural
resources projects begin insert , selected by the state conservancies and the
Wildlife Conservation Board, end insert that maximize greenhouse gas
begin delete emissions end delete begin insert emission end insert reductions or sequestration.

begin delete

(b)

end delete

begin insert (c) end insert  Moneys from the Greenhouse Gas Reduction Fund shall be
available, upon appropriation by the Legislature, begin delete to the state board end delete
to implement this chapter.

39741.  

(a) The begin insert Natural Resources Agency, in coordination
with the end insert state board, begin delete in coordination with the Natural Resources
Agency, end delete shall develop guidelines for the implementation of this
chapter consistent with the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500))
and the Greenhouse Gas Reduction Fund Investment Plan and
Communities Revitalization Act (Chapter 4.1 (commencing with
Section 39710)).

(b) The guidelines adopted pursuant to subdivision (a) shall do
all of the following:

(1) Ensure that project investments funded pursuant to this
chapter utilize consistent accounting and modeling approaches to
estimate and monitor greenhouse gas emissions and reductions
over time.

(2) Promote innovative natural resources projects that protect
existing greenhouse gas begin delete emissions end delete begin insert emission end insert sinks or assist with
the enhancement of other climate-related projects in the
transportation and energy sectors that can be replicated regionally.

(3) Promote projects based on the potential to increase climate
benefits and reduce extreme weather events, including, but not
limited to, the risk of fire, flood, water supply begin insert disruption end insert , sea level
rise, and urban heat island effect associated with climate change.

(4) Promote projects that assist the state in reaching its climate
goals beyond 2020, consistent with Sections 38550 and 38551.

(5) Prioritize projects that are consistent with, and assist in, the
implementation of county or regional begin delete land use end delete greenhouse gas
begin delete emissions end delete begin insert emission end insert reduction plans or programs, including, but
not limited to, any of the following:

(A) A sustainable communities strategy.

begin delete

(B) A local or regional plan to reduce greenhouse gas emissions.

end delete begin delete

(C)

end delete

begin insert (B) end insert  A local or regional climate adaptation plan.

begin delete

(D)

end delete

begin insert (C) end insert  A natural community conservation plan begin delete and end delete begin insert or end insert a habitat
conservation plan.

(6) Ensure projects are consistent with Section 39716.

(7) Promote investments in projects that include cobenefits,
including, but not limited to, begin insert achieving end insert state and federal air quality
goals.

(8) Ensure projects funded pursuant to this chapter maximize
moneys appropriated, provide environmental benefits, create begin delete jobs
for residents, end delete begin insert jobs, end insert and do not conflict with other areas of law.

(9) Promote the use of the best climate science and greenhouse
gas begin delete emissions end delete begin insert emission end insert reduction analytics.

(10) Promote project consistency with the 2009 California
Climate Adaptation Strategy and its most recent update, adopted
pursuant to Executive Order S-13-2008.

begin delete

39742.  

To provide greater coordination among state agencies,
boards, and departments, the Natural Resources Agency, in
coordination with the state board, shall do all of the following:

(a) Provide updates to the Strategic Growth Council on critical
issues related to climate change.

(b) Identify and notify state conservancies and the Wildlife
Conservation Board regarding major infrastructure projects that
would impact project planning and implementation.

(c) Identify and conduct climate research to assist with the state’s
understanding on how to reduce or sequester greenhouse gas
emissions in the natural resources sector.

(d) Promote state implementation of the Climate Adaptation
Strategy, adopted pursuant to Executive Order S-13-2008.

(e) Provide technical assistance grants to project applicants from
disadvantaged communities applying for funding from the state
conservancies or the Wildlife Conservation Board.

end delete

begin delete 39743. end delete
begin insert 39742. end insert   

(a) State conservancies and the Wildlife Conservation
Board shall identify, develop, and implement projects within their
jurisdictions consistent with the guidelines developed pursuant to
this begin delete chapter, including, but not limited to, any of the following: end delete
begin insert chapter. The projects may include: end insert

(1) Management and restoration of public lands to increase
carbon sequestration and reduce greenhouse gas emissions.

(2)  begin delete Development and implementation of projects and programs
that encourage or provide incentives for increased end delete begin insert Increased end insert begin insert end insert carbon
sequestration or reduced greenhouse gas emissions related to the
use or management of natural resources on private lands.

(3)  begin delete Provide incentives for the protection end delete begin insert Protection end insert of
agricultural and open-space lands to reduce greenhouse gas
emissions and preserve carbon sequestration potential.

(4)  begin delete Fund investments in projects that use end delete begin insert Use of end insert begin insert end insert natural systems,
including, but not limited to, forests, wetlands, sustainable
agriculture, and urban forests, to reduce greenhouse gas emissions
or increase the sequestration of carbon to mitigate the impacts of
greenhouse gas emissions and create greater climate resiliency.

(5)  begin delete Fund the research end delete begin insert Research end insert and development of methods
to increase carbon sequestration and decrease greenhouse gas
emissions related to the use and management of natural resources
and of methods to measure and verify these climate benefits.

(6)  begin delete Encouraging the diversion end delete begin insert Diversion end insert begin insert end insert of organic waste to
bioenergy and composting.

(b) In evaluating potential projects to be funded pursuant to this
chapter, the state conservancies and Wildlife Conservation Board
shall give priority to projects that demonstrate one or more of the
following characteristics:

(1) Regional implementation.

(2) The ability to leverage additional public and private funding.

(3) The potential for cobenefits or multibenefit attributes.

(4) The potential for the project or program to be replicated.

(5) The use of existing programs.

begin delete

(6) Consideration of geographic and socioeconomic issues.

end delete

begin insert

begin insert 39743. end insert   

To provide greater coordination among state agencies,
boards, and departments, the Natural Resources Agency, in
coordination with the state board, shall do all of the following:

(a) Provide updates to the Strategic Growth Council on critical
issues related to climate change.

(b) Identify and notify state conservancies and the Wildlife
Conservation Board regarding major infrastructure projects that
would impact project planning and implementation.

(c) Identify and conduct climate research to assist with the
state’s understanding on how to reduce or sequester greenhouse
gas emissions in the natural resources sector.

(d) Promote state implementation of the Climate Adaptation
Strategy, adopted pursuant to Executive Order S-13-2008.

(e) Provide technical assistance grants to project applicants
from disadvantaged communities applying for funding from the
state conservancies or the Wildlife Conservation Board.

end insert