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AB-352 California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan: Transformative Climate Communities Program.(2019-2020)

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Date Published: 02/04/2019 09:00 PM
AB352:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 352


Introduced by Assembly Member Eduardo Garcia

February 04, 2019


An act to add Sections 16428.87 and 16428.88 to the Government Code, to amend Sections 39712 and 39720 of the Health and Safety Code, and to amend Sections 75241 and 75243 of the Public Resources Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 352, as introduced, Eduardo Garcia. California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan: Transformative Climate Communities Program.
(1) The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting 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, beginning July 1, 2020, would require state agencies administering competitive grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality, to include a specified application timeline, to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications, and to require grant eligibility and scoring criteria to define disadvantaged community consistent with specified allocation requirements of the Greenhouse Gas Reduction Fund so as not to preclude low-income communities, as defined, from applying for or being awarded a grant.
This bill, for competitive grant programs that involve housing, urban forestry, urban greening, or planning and that allocate moneys from the Greenhouse Gas Reduction Fund after July 1, 2020, would require state agencies administering those moneys from the Greenhouse Gas Reduction Fund to develop at least 3 categories for applications based on the total population and population density of where the proposed project is to be located and to develop scoring criteria for each category, as specified.
(2) 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. Existing law requires the moneys from the Greenhouse Gas Reduction Fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and, among other things, to maximize economic, environmental, and public health benefits to the state.
This bill would additionally require the moneys in the Greenhouse Gas Reduction Fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and to increase water supply resilience; reduce or prevent increases in transportation, energy, or fuel costs, particularly in disadvantaged communities; accelerate the development and implementation of low-carbon technology; reduce vehicle miles traveled; promote zoning and development activities that increase public access to essential services or amenities; promote partnerships between multiple jurisdictions; promote climate change adaptation capacity; and improve community access to green space.
This bill also would require the department to include in an annual report to the Legislature specified information on the applications received for each grant program allocating moneys from the Greenhouse Gas Reduction Fund.
(3) Existing law creates the Transformative Climate Communities Program, which is administered by the Strategic Growth Council. Existing law requires the council to award competitive grants to specified eligible entities for the development and implementation of neighborhood-level transformative climate community plans that include greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities, as defined. Existing law authorizes the council, when awarding grants under the program, to give priority to plans and projects that cover areas that have a high proportion of census tracks identified as disadvantaged communities and that focus on communities that are most disadvantaged.
This bill would additionally authorize the council, when awarding grants under the program, to give priority to plans and projects that are consistent with specified allocation requirements of the Greenhouse Gas Reduction Fund. The bill would prohibit the council when adopting the program’s guidelines from limiting the geographic boundaries of a project to a number of square miles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) It is important for the state to prioritize climate investments in areas of most need, or where there is the most opportunity for cobenefits, and to continuously evaluate the state’s spending to ensure it is reaching the intended targets.
(b) Specifically for the California-Mexico border region, where an average of more than 197,000 individuals cross into the Counties of Imperial and San Diego each day and air pollution from Mexico poses significant threats to public health, there need to be special adjustments to ensure that the region can achieve its emission reduction goals.

SEC. 2.

 Section 16428.87 is added to the Government Code, to read:

16428.87.
 Beginning July 1, 2020, state agencies administering competitive grant programs that allocate moneys from the Greenhouse Gas Reduction Fund shall ensure all of the following:
(a) Communities identified for community emission reduction programs pursuant to Section 44391.2 of the Health and Safety Code are given preferential points during grant application scoring for grant programs intended to improve air quality.
(b) There are at least three months between the first call for applications or proposals for projects to be funded and the due date of the proposal.
(c) (1) Applicants from the Counties of Imperial and San Diego are allowed to include daytime population numbers in grant applications.
(2) Daytime population estimates shall be based on the best available estimates of daily northbound border crossings and shall not include residents of the state.
(d) Grant eligibility and scoring criteria define disadvantaged community consistent with the requirements of Section 39713 of the Health and Safety Code so as not to preclude low-income communities, as defined in Section 39713 of the Health and Safety Code, from applying for or being awarded a grant.

SEC. 3.

 Section 16428.88 is added to the Government Code, to read:

16428.88.
 (a) (1) For competitive grant programs that involve housing, urban forestry, urban greening, or planning and that allocate moneys from the Greenhouse Gas Reduction Fund after July 1, 2020, state agencies administering those moneys shall develop at least three categories for applications based on the total population and population density of where the proposed project is to be located.
(2) In developing the categories pursuant to this subdivision, the administering state agencies shall develop scoring criteria for each category. The scoring criteria shall take into account the possible impacts a project will have based on the total population and population density of the communities in which that project is proposed to be located.
(b) Nothing in this section shall be interpreted as requiring a state agency administering a grant program receiving moneys from the Greenhouse Gas Reduction Fund to fund grant applications from all of the categories described in subdivision (a).
(c) It is the intent of the Legislature in enacting this section that a state agency administering a grant program receiving moneys from the Greenhouse Gas Reduction Fund take into account the differences that exist between urban, suburban, and rural communities when reviewing applications for projects in order to ensure that all communities in the state have a reasonable chance of being awarded a grant.

SEC. 4.

 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 the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) 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 the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) 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, Native American tribes in the state, 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.
(7) Increase water supply resilience.
(8) Reduce or prevent increases in transportation, energy, or fuel costs, particularly in disadvantaged communities, as identified pursuant to Section 39711.
(9) Accelerate the development and implementation of low-carbon technology.
(10) Reduce vehicle miles traveled.
(11) Promote zoning and development activities that increase public access to essential services or amenities.
(12) Promote partnerships between multiple jurisdictions.
(13) Promote climate change adaptation capacity, including, but not limited to, efforts that address any of the following:
(A) Higher average temperatures.
(B) Decreased air and water quality.
(C) The spread of infectious and vector-borne diseases or other public health impacts.
(D) Extreme weather events.
(E) Sea level rise.
(F) Flooding.
(G) Heat waves.
(H) Wildfires.
(I) Drought.
(14) Improve community access to green space.
(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, Native American tribes in the state, 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.

SEC. 5.

 Section 39720 of the Health and Safety Code is amended to read:

39720.
 (a) Notwithstanding Section 10231.5 of the Government Code, the Department of Finance shall submit a an annual report on or before March 1, 2014, and annually thereafter, 1 of each year to the appropriate committees of the Legislature on the status of projects funded pursuant to this part and their outcomes. all of the following:
(1) The status of projects funded pursuant to this part and their outcomes.
(2) The applications received for each grant program allocating moneys from the fund, including, but not limited to, all of the following information:
(A) Locations of projects proposed.
(B) Amount of moneys requested for each project.
(C) Names of lead applicants.
(D) Whether the projects were funded in whole or in part with moneys from the fund.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 6.

 Section 75241 of the Public Resources Code is amended to read:

75241.
 (a) The council Strategic Growth Council shall award competitive grants to eligible entities through an application process. An eligible entity, including, but not limited to, a nonprofit organization, a community-based organization, a faith-based organization, a coalition or association of nonprofit organizations, a community development finance institution, a community development corporation, a local agency, a joint powers authority, or a tribal government, shall demonstrate multistakeholder partnerships with local agencies, community-based organizations, labor groups, workforce investment boards, and other stakeholders, as appropriate. The council Strategic Growth Council shall award grants for projects that demonstrate community engagement in all phases.
(b) (1) In awarding grants, the council Strategic Growth Council shall make grant selections for plan development contingent on the implementation of one or more projects identified by the plan.
(2) In awarding grants, the council Strategic Growth Council may give priority to plans and projects that cover areas that have a high proportion of census tracks identified as disadvantaged communities communities, that are consistent with the requirements of Section 39713 of the Health and Safety Code, and that focus on communities that are most disadvantaged.
(3) The council Strategic Growth Council may award a grant over multiple years.
(c) In order to To be eligible for funding under the program, a plan, and a project that implements a plan, plan shall demonstrate that it will achieve a reduction in emissions of greenhouse gases.
(d) The California Environmental Protection Agency shall provide assistance in performing outreach to disadvantaged communities and assessing the environmental justice benefits of project awards.
(e) Projects shall maximize climate, public health, environmental, workforce, and economic benefits.

SEC. 7.

 Section 75243 of the Public Resources Code is amended to read:

75243.
 (a) Before awarding funds under the program, the council Strategic Growth Council shall develop guidelines and selection criteria for plan development and implementation of the program.
(b) In adopting guidelines and selection criteria, the council Strategic Growth Council shall consider comments, if any, from local governments, regional agencies, and other stakeholders. The council Strategic Growth Council shall conduct outreach to disadvantaged communities to encourage comments on the draft guidelines and selection criteria from those communities.
(c) (1) In adopting the guidelines, the council Strategic Growth Council shall consider whether eligible plans and projects avoid economic displacement of low-income disadvantaged community residents and businesses.
(2) In adopting the guidelines, the Strategic Growth Council shall not limit the geographic boundaries of a project to a number of square miles.