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AB-753 Tribal gaming: compact ratification.(2019-2020)

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Date Published: 08/22/2019 09:00 PM
AB753:v94#DOCUMENT

Amended  IN  Senate  August 22, 2019
Amended  IN  Assembly  May 20, 2019
Amended  IN  Assembly  May 06, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 14, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 753


Introduced by Assembly Member Eduardo Garcia

February 19, 2019


An act to amend Section 44272 of the Health and Safety Code, relating to vehicular air pollution. An act to add Section 12012.95 to the Government Code, relating to tribal gaming.


LEGISLATIVE COUNSEL'S DIGEST


AB 753, as amended, Eduardo Garcia. Alternative and Renewable Fuel and Vehicle Technology Program: fuels: fueling infrastructure. Tribal gaming: compact ratification.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would ratify a specified amendment to the tribal-state gaming compact entered into between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.

Existing law establishes the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007, which includes the Alternative and Renewable Fuel and Vehicle Technology Program, administered by the State Energy Resources Conservation and Development Commission, and the Air Quality Improvement Program, administered by the State Air Resources Board.

Existing law requires the Alternative and Renewable Fuel and Vehicle Technology Program to provide funding measures to certain entities to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. Existing law requires the commission to give preference to those projects that maximize the goals of the program based on specified criteria.

This bill would require the commission to make available of the moneys available for allocation as part of the Alternative and Renewable Fuel and Vehicle Technology Program specified percentages for projects to produce alternative and renewable low-carbon fuels in the state and to research, develop, produce, and deploy innovative and emerging fuels, as defined.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12012.95 is added to the Government Code, to read:

12012.95.
 (a) The amendment to the tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Cabazon Band of Mission Indians, executed on August 21, 2019, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):
(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.
(B) The execution of the amended tribal-state gaming compact ratified by this section.
(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the amended tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the amended tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the amended tribal-state gaming compact ratified by this section.
(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.

SECTION 1.

The Legislature finds and declares all of the following:

(a)The State of California is strongly committed to transitioning to zero-emission mobility and carbon neutrality.

(b)However, the state’s transportation sector continues to be heavily dependent on petroleum-based fuels for the movement of people and goods across the state.

(c)In the state, petroleum-based fuels contribute to the largest source of the state’s total carbon emissions.

(d)To address this problem, the State Air Resources Board named biofuels as one of the top five most important strategies to meet the state’s ambitious 2030 greenhouse gas emissions target.

(e)The State Air Resources Board has named biofuels production, sustainable freight strategies, and the reduction of short-lived climate pollutants as half of the overall emissions reductions needed to reach the 2030 greenhouse gas emissions target.

(f)In addition, heavy-duty applications in agriculture, construction, and max-load hauling require low-carbon fuels to meet operational requirements as well as state sustainability goals.

(g)Furthermore, applications in rural areas of the state tend to have operational requirements that can only be met with low-carbon fuels in the near and medium term.

(h)The state needs to continue to invest in and promote the use of viable, cost-effective clean energy and transportation solutions for reducing emissions from methane, greenhouse gas, and oxides of nitrogen, which together significantly contribute to climate change and poor air quality and impact the health of communities throughout the state.

(i)Employing smart and innovative strategies to reduce emissions from the state’s agriculture, green waste, and food waste sectors can create new sources of innovative renewable low-carbon fuels for the transportation and energy sectors and further enhance economic development and air quality benefits in the state’s most impacted and disadvantaged communities.

(j)The state’s methane emissions can be converted into clean-burning renewable-gas-based fuels to replace petroleum diesel, thereby enabling problematic waste streams to be transformed into cleaner petroleum diesel fuel replacements and offer viable pathways to zero-emission mobility and carbon neutrality.

(k)Newer next-generation low-carbon fuels have the potential to offer significant climate and air quality benefits and, thus, the state should provide a similar level of focus and support for these innovative low-carbon fuels as has been spent over the years on first generation low-carbon fuels and battery electric mobility.

(l)While it is important to displace the demand for conventional petroleum-based fuels, the Legislature also believes that helping to spur the development and deployment of innovative next-generation fuel technologies by California-based companies is an important contribution the state can and should make to facilitate emissions reductions here and around the world.

(m)The state’s technology neutral definitions are critical to promoting innovation in fuels and vehicle technology to help accelerate emissions reductions in the transportation sector.

SEC. 2.Section 44272 of the Health and Safety Code is amended to read:
44272.

(a)The Alternative and Renewable Fuel and Vehicle Technology Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by regulation pursuant to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The program shall provide, upon appropriation by the Legislature, competitive grants, revolving loans, loan guarantees, loans, or other appropriate funding measures to public agencies, vehicle and technology entities, businesses and projects, public-private partnerships, workforce training partnerships and collaboratives, fleet owners, consumers, recreational boaters, and academic institutions to develop and deploy innovative technologies that transform California’s fuel and vehicle types to help attain the state’s climate change policies. The emphasis of this program shall be to develop and deploy technology and alternative and renewable fuels in the marketplace, without adopting any one preferred fuel or technology.

(b)A project that receives more than seventy-five thousand dollars ($75,000) in funds from the commission shall be approved at a noticed public meeting of the commission and shall be consistent with the priorities established by the investment plan adopted pursuant to Section 44272.5. Under this article, the commission may delegate to the commission’s executive director, or the executive director’s designee, the authority to approve either of the following:

(1)A contract, grant, loan, or other agreement or award that receives seventy-five thousand dollars ($75,000) or less in funds from the commission.

(2)Amendments to a contract, grant, loan, or other agreement or award as long as the amendments do not increase the amount of the award, change the scope of the project, or modify the purpose of the agreement.

(c)The commission shall provide preferences to those projects that maximize the goals of the Alternative and Renewable Fuel and Vehicle Technology Program, based on the following criteria, as applicable:

(1)The project’s ability to provide a measurable transition from the nearly exclusive use of petroleum fuels to a diverse portfolio of viable alternative fuels that meet petroleum reduction and alternative fuel use goals.

(2)The project’s consistency with existing and future state climate change policy and low-carbon fuel standards.

(3)The project’s ability to reduce criteria air pollutants and air toxics and reduce or avoid multimedia environmental impacts.

(4)The project’s ability to decrease, on a life-cycle basis, the discharge of water pollutants or any other substances known to damage human health or the environment, in comparison to the production and use of California Phase 2 Reformulated Gasoline or diesel fuel produced and sold pursuant to California diesel fuel regulations set forth in Article 2 (commencing with Section 2280) of Chapter 5 of Division 3 of Title 13 of the California Code of Regulations.

(5)The project does not adversely impact the sustainability of the state’s natural resources, especially state and federal lands.

(6)The project provides nonstate matching funds. Costs incurred from the date a proposed award is noticed may be counted as nonstate matching funds. The commission may adopt further requirements for the purposes of this paragraph. The commission is not liable for costs incurred pursuant to this paragraph if the commission does not give final approval for the project or the proposed recipient does not meet requirements adopted by the commission pursuant to this paragraph.

(7)The project provides economic benefits for California by promoting California-based technology firms, jobs, and businesses.

(8)The project uses existing or proposed fueling infrastructure to maximize the outcome of the project.

(9)The project’s ability to reduce on a life-cycle assessment greenhouse gas emissions by at least 10 percent, and higher percentages in the future, from current reformulated gasoline and diesel fuel standards established by the state board.

(10)The project’s use of alternative fuel blends of at least 20 percent, and higher blend ratios in the future, with a preference for projects with higher blends.

(11)The project drives new technology advancement for vehicles, vessels, engines, and other equipment, and promotes the deployment of that technology in the marketplace.

(12)The project’s ability to transition workers to, or promote employment in, the alternative and renewable fuel and vehicle technology sector.

(d)The commission shall rank applications for projects proposed for funding awards based on solicitation criteria developed in accordance with subdivision (c), and shall give additional preference to funding those projects with higher benefit-cost scores.

(e)Only the following shall be eligible for funding:

(1)Alternative and renewable fuel projects to develop and improve alternative and renewable low-carbon fuels, including electricity, ethanol, dimethyl ether, renewable diesel, natural gas, hydrogen, and biomethane, among others, and their feedstocks that have high potential for long-term or short-term commercialization, including projects that lead to sustainable feedstocks.

(2)Demonstration and deployment projects that optimize alternative and renewable fuels for existing and developing engine technologies.

(3)Projects to produce alternative and renewable low-carbon fuels in California.

(4)Projects to decrease the overall impact of an alternative and renewable fuel’s life-cycle carbon footprint and increase sustainability.

(5)Alternative and renewable fuel infrastructure, fueling stations, and equipment. The preference in paragraph (10) of subdivision (c) shall not apply to renewable diesel or biodiesel infrastructure, fueling stations, and equipment used solely for renewable diesel or biodiesel fuel.

(6)Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for better fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions, including propulsion systems, advanced internal combustion engines with a 40 percent or better efficiency level over the current market standard, lightweight materials, intelligent transportation systems, energy storage, control systems and system integration, physical measurement and metering systems and software, development of design standards and testing and certification protocols, battery recycling and reuse, engine and fuel optimization electronic and electrified components, hybrid technology, plug-in hybrid technology, battery electric vehicle technology, fuel cell technology, and conversions of hybrid technology to plug-in technology through the installation of safety certified supplemental battery modules.

(7)Programs and projects that accelerate the commercialization of vehicles and alternative and renewable fuels including buy-down programs through near-market and market-path deployments, advanced technology warranty or replacement insurance, development of market niches, supply-chain development, and research related to the pedestrian safety impacts of vehicle technologies and alternative and renewable fuels.

(8)Programs and projects to retrofit medium- and heavy-duty onroad and nonroad vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewable fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption.

(9)Infrastructure projects that promote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors, including physical measurement or metering equipment and truck stop electrification.

(10)Workforce training programs related to the development and deployment of technologies that transform California’s fuel and vehicle types and assist the state in implementing its climate change policies, including, but not limited to, alternative and renewable fuel feedstock production and extraction; renewable fuel production, distribution, transport, and storage; high-performance and low-emission vehicle technology and high tower electronics; automotive computer systems; mass transit fleet conversion, servicing, and maintenance; and other sectors or occupations related to the purposes of this chapter, including training programs to transition dislocated workers affected by the state’s greenhouse gas emission policies, including those from fossil fuel sectors, or training programs for low-skilled workers to enter or continue in a career pathway that leads to middle skill, industry-recognized credentials or state-approved apprenticeship opportunities in occupations related to the purposes of this chapter.

(11)Block grants or incentive programs administered by public entities or not-for-profit technology entities for multiple projects, education and program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. The commission may adopt guidelines for implementing the block grant or incentive program, which shall be approved at a noticed public meeting of the commission.

(12)Life-cycle and multimedia analyses, sustainability and environmental impact evaluations, and market, financial, and technology assessments performed by a state agency to determine the impacts of increasing the use of low-carbon transportation fuels and technologies, and to assist in the preparation of the investment plan and program implementation.

(13)A program to provide funding for homeowners who purchase a plug-in electric vehicle to offset costs associated with modifying electrical sources to include a residential plug-in electric vehicle charging station. In establishing this program, the commission shall consider funding criteria to maximize the public benefit of the program.

(f)The commission may make a single source or sole source award pursuant to this section for applied research. The same requirements set forth in Section 25620.5 of the Public Resources Code shall apply to awards made on a single source basis or a sole source basis. This subdivision does not authorize the commission to make a single source or sole source award for a project or activity other than for applied research.

(g)The commission may do all of the following:

(1)Contract with the Treasurer to expend funds through programs implemented by the Treasurer, if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).

(2)Contract with small business financial development corporations established by the Governor’s Office of Business and Economic Development to expend funds through the Small Business Loan Guarantee Program if the expenditure is consistent with all of the requirements of this article and Article 1 (commencing with Section 44270).

(3)Advance funds, pursuant to an agreement with the commission, to any of the following:

(A)A public entity.

(B)A recipient to enable it to make advance payments to a public entity that is a subrecipient of the funds and under a binding and enforceable subagreement with the recipient.

(C)An administrator of a block grant program.

(h)The commission shall collaborate with entities that have expertise in workforce development to implement the workforce development components of this section, including, but not limited to, the California Workforce Development Board, the Employment Training Panel, the Employment Development Department, and the Division of Apprenticeship Standards.

(i)(1)The commission shall make available of the moneys available for allocation for the purposes of this section in the following percentages for the following projects:

(A)At least 20 percent for projects to produce alternative and renewable low-carbon fuels in the state that are described in paragraph (3) of subdivision (e).

(B)At least 10 percent for projects to research, develop, produce, and deploy innovative and emerging fuels.

(2)Priority shall be given to a project that demonstrates a minimum of three of the following:

(A)Maximizes local workforce and economic benefits.

(B)Provides multiple environmental and public health cobenefits, including reducing significant emissions of methane, criteria air pollutants, and toxic air contaminants.

(C)Leverages additional public or private funding.

(D)Utilizes feedstocks derived from in-state-sourced waste streams.

(E)Distributes innovative and emerging fuel capable of achieving cost-effective reductions in emissions of greenhouse gases and criteria air pollutants on a dollar-per-metric-ton basis when considering fuel production, vehicle acquisition, and fueling infrastructure costs.

(3)For purposes of this subdivision, the following terms have the following meanings:

(A)“Deploy” shall mean the development of alternative and renewable fuel infrastructure, fueling stations, and equipment as described in paragraph (5) in subdivision (e).

(B)“Innovative and emerging fuel” means a transportation fuel that meets all of the following:

(i)The quantity of consumption in the state per calendar year of the renewable fuel is not expected to exceed the energy equivalent of 30,000,000 gallons of petroleum-based fuel.

(ii)The carbon intensity of the renewable fuel is capable of meeting a carbon intensity value of at least 60 percent lower than the petroleum-based fuel baseline carbon intensity value pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations).

(iii)The renewable fuel production technology is at technology readiness level 6 or greater, as defined in the federal Department of Energy’s Technology Readiness Assessment Guide.

(iv)The renewable fuel produces lower levels of emissions of criteria air pollutants than petroleum-based fuels when being used.