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AB-1342 Greenhouse Gas Reduction Fund: appropriations.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
AB1342:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1342


Introduced by Assembly Member Flora

February 17, 2017


An act to amend Section 39719 of the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1342, as introduced, Flora. Greenhouse Gas Reduction Fund: appropriations.
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 requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. 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 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 continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project.
This bill would continuously appropriate $100,000,000 from the fund to the Department of Forestry and Fire Protection for healthy forest programs that reduce greenhouse gas emissions caused by uncontrolled wildfires, as specified. The bill would continuously appropriate $100,000,000 from the fund to the Department of Resources Recycling and Recovery for instate organic waste recycling projects that reduce greenhouse gas emissions, as specified. The bill would also continuously appropriate $100,000,000 from the fund to the Department of Resources Recycling and Recovery for instate recycling projects that reduce greenhouse gas emissions and help achieve the state’s policy goal that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 39719 of the Health and Safety Code is amended to read:

39719.
 (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: follows:
(A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program.
(2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the project.
(3) (A) Beginning in the 2017–18 fiscal year, notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated from the fund, without regard to fiscal years, to the Department of Forestry and Fire Protection for healthy forest programs that reduce greenhouse gas emissions caused by uncontrolled wildfires, including, but not limited to, vegetation management, forest overgrowth reduction, and measures to ensure future wildfires are more consistent with the historic regenerative fire regime.
(B) The Department of Forestry and Fire Protection, with the appropriation specified in this paragraph, may allocate moneys to a local government to carry out fire prevention activities and to provide incentives to private sector parties to reduce the risk and intensity of wildfires or improve the resiliency of lands prone to wildfires.
(4) Beginning in the 2017–18 fiscal year, notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated from the fund, without regard to fiscal years, to the Department of Resources Recycling and Recovery for instate organic waste recycling projects that reduce greenhouse gas emissions, including, but not limited to, composting, energy production, food waste prevention, and recyclable material manufacturing.
(5) Beginning in the 2017–18 fiscal year, notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated from the fund, without regard to fiscal years, to the Department of Resources Recycling and Recovery for instate recycling projects that reduce greenhouse gas emissions and help achieve the state’s policy goal that not less than 75 percent of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter, pursuant to Section 41780.01 of the Public Resources Code.
(c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included.