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AB-2408 Greenhouse Gas Reduction Fund.(2015-2016)

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Amended  IN  Assembly  April 20, 2016
Amended  IN  Assembly  March 18, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 2408


Introduced by Assembly Members Eggman, Cristina Garcia, Eduardo Garcia, and Gomez

February 19, 2016


An act to amend Section 39712 of of, and to add Section 39712.5 to, the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 2408, as amended, Eggman. Greenhouse Gas Reduction Fund.
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, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. 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. Existing law authorizes the allocation of moneys from the fund for the purpose of reducing emissions of greenhouse gases through various types of investments.
This bill would authorize the allocation of moneys from the fund to maximize the delivery of integrated greenhouse gas reduction projects for households in low-income and disadvantaged communities. The bill would require state agencies and departments administering grant programs programs, as defined, receiving an allocation from the fund to update the guidelines for their grant programs to promote encourage the coordination of the grantees. The bill would require agencies to give funding priority to projects having certain characteristics.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 39712 of the Health and Safety Code is amended to read:

39712.
 (a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
(2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of Division 25.5 (commencing with Section 38500) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected.
(b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with Division 25.5 (commencing with Section 38500) and, where applicable and to the extent feasible:
(1) Maximize economic, environmental, and public health benefits to the state.
(2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses.
(3) Complement efforts to improve air quality.
(4) Direct investment toward the most disadvantaged communities and households in the state.
(5) Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions.
(6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment.
(c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following:
(1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities.
(2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation.
(3) Funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.
(4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing.
(5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse.
(6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, and nonprofit organizations coordinating with local governments.
(7) Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter.
(8) Funding to maximize the delivery of integrated greenhouse gas reduction projects, including, but not limited to, advanced clean vehicles, carsharing and vanpools, low-income rooftop solar, energy efficiency and weatherization, organic waste diversion and compost development, and drought-tolerant lawn, park, and urban greening projects, for households in low-income and disadvantaged communities.

(d)(1)For purposes of this subdivision, “grant program” means a program receiving an allocation from the fund that provides grants to entities implementing programs to provide benefits to eligible members of the public.

(2)State agencies administering grant programs shall update their program guidelines to promote coordination of grantees implementing regional and neighborhood programs with other grantees of grant programs, including those administered by other state agencies, to encourage both of the following:

(A)The use of a single or coordinated application by grantees to determine the eligibility of a member of the public for benefits provided by the regional and neighborhood programs.

(B)The use of a single mechanism by grantees to report to the granting agencies on the efficacy of their programs, to the extent feasible.

(3)State agencies administering grant programs shall update their guidelines to authorize the use of a percentage of the grant moneys to provide technical assistance to members of the public in applying for benefits under the grantee’s program.

(e)In evaluating projects receiving an allocation from the fund, state agencies shall give priority to projects that demonstrate one or more of the following characteristics:

(1)Coordination with applicants of grant programs, including grant programs administered by other state agencies, to maximize the benefits to the public.

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

(3)The potential for multibenefits.

(4)The potential for replication of the project.

(5)The use of existing regional infrastructure and institutions.

(6)The utilization of the services of a state-certified community conservation corps.

SEC. 2.

 Section 39712.5 is added to the Health and Safety Code, to read:

39712.5.
 (a) (1) For purposes of this section, “grant program” means a program receiving an allocation from the fund that provides grants to entities implementing programs to provide benefits to the public.
(2) State agencies administering grant programs funded pursuant to Section 39712 shall update their program guidelines to encourage grantees implementing regional and neighborhood programs to coordinate with other grantees, including those receiving grants administered by other state agencies, by promoting both of the following:
(A) The use of a single or coordinated application by grantees to determine the eligibility of a member of the public for benefits provided by the regional and neighborhood programs.
(B) The use of a single mechanism by grantees to report to the granting agencies on the efficacy of their programs, to the extent feasible.
(3) State agencies administering grant programs shall update their guidelines, to the extent feasible, to authorize the use by grantees of a percentage of the grant moneys to provide technical assistance to members of the public in applying for benefits under the grantee’s program.
(b) In evaluating grant programs receiving an allocation from the fund, state agencies shall give priority to programs that demonstrate one or more of the following characteristics:
(1) Coordination with other grant programs, including grant programs administered by other state agencies, to maximize the benefits to the public.
(2) The ability to leverage additional public and private funding.
(3) The potential for multiple benefits.
(4) The potential for replication of the programs.
(5) The use of existing regional infrastructure and institutions.
(6) The inclusion of workforce development programs that provide learning opportunities for veterans, former foster care recipients, farmworkers, and at-risk youth, such as state-certified conservation corps, especially in low-income or disadvantaged communities.