Amended in Senate August 21, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2593


Introduced by Assembly Member Bradford

February 21, 2014


An act to add Section 39717 to the Health and Safety Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

AB 2593, as amended, Bradford. Greenhouse gases: diversity reporting.

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 act authorizes the state board to include the 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 by the Legislature.

This bill would require a business enterprise withbegin delete aend delete gross annualbegin delete revenueend deletebegin insert revenuesend insert exceeding $25,000,000 participating in a program administered by the state board that is funded, in whole or in part, from the fund to report annually to the state board regarding its programs to increase procurement from women, minority, and disabled veteranbegin insert businessend insert enterprises, if any.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 39717 is added to the Health and Safety
2Code
, to read:

3

39717.  

(a) For the purposes of this section, the following terms
4have the following meanings:

5(1) “Control” means exercising the power to make policy
6decisions.

7(2) “Disabled veteran business enterprise” has the same meaning
8as defined in paragraph (7) of subdivision (b) of Section 999 of
9the Military and Veterans Code.

10(3) “Minority business enterprise” means a business enterprise
11that is at least 51 percent owned by a minority group or, in the case
12of a publicly owned business, at least 51 percent of the stock of
13which is owned by one or more minority groups, and whose
14management and daily business operations are controlled by one
15or more of those individuals. Minority includes African Americans,
16Hispanic Americans, Native Americans, and Asian Pacific
17Americans.

18(4) “Operate” means being actively involved in the day-to-day
19management and not merely officers or directors.

20(5) “Women business enterprise” means a business enterprise
21that is at least 51 percent owned by a woman or, in the case of a
22publicly owned business, at least 51 percent of the stock of which
23is owned by one or more women, and whose management and
24daily business operations are controlled by one or more of those
25individuals.

26(b) begin insert(1)end insertbegin insertend insertA business enterprise with gross annual revenues
27exceeding twenty-five million dollars ($25,000,000) participating
28in a program administered by the state board that is funded, in
29whole or in part, from the fund shall report annually to the state
30board regarding its programs to increase procurement from women,
31minority, and disabled veteran business enterprise, if any.

begin insert

32(2) The business enterprise shall submit the report pursuant to
33paragraph (1) in an electronic format, as determined by the state
34board.

end insert
begin insert

35(3) The state board shall make the report available to the public
36on its Internet Web site.

end insert
begin insert

P3    1(c) This section does not apply to a business enterprise
2participating in a program administered by a governmental agency
3that is not the state board.

end insert


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