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SB-1027 State employee survey.(2017-2018)

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Date Published: 03/12/2018 09:00 PM
SB1027:v98#DOCUMENT

Amended  IN  Senate  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1027


Introduced by Senator Pan

February 07, 2018


An act to amend Sections 12891, 12892, and 12893 of, and to add Section 12893.1 to, Section 12892 of the Government Code, and to add Chapter 8.9 (commencing with Section 25790) to Division 15 of the Public Resources Code, relating to air quality. greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


SB 1027, as amended, Pan. Greenhouse gases. State employee survey.

Existing law, the California Global Warming Solutions Act of 2006, requires the State Air Resources Board to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to the statewide GHG emissions level in 1990 to be achieved by 2020. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective GHG emission reductions. The act authorizes the state board to include use of market-based compliance mechanisms. The act requires all state agencies to consider and implement strategies to reduce their GHG emissions. 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 requires specified state agencies to prepare and submit to the Secretary for Environmental Protection specified information for inclusion in an annual greenhouse gas emission reduction report card, including a list of measures that the state agency has adopted or implemented, or that are needed, to meet GHG greenhouse gas emission reduction targets, as defined, and information regarding the agency’s own GHG greenhouse gas emissions. Existing law requires the specified state agencies, not less than once every 3 years, to the extent funds are available, to conduct an independent audit and verification of the actual and proposed GHG emission reductions achieved by the state agency, in order to ensure that the agency is achieving GHG emission reduction targets.
This bill would require the GHG emission reduction targets to also include targets for each employee or category of employees, and would require the information prepared and submitted for the report card to include information about employee GHG emissions. The bill would require an independent audit and verification to include actual and proposed reductions achieved for each employee or category of employees, to identify areas of improvement and determine best practices for reducing employee GHG emissions, and to revise employee GHG emission reduction targets and proposed measures for reducing employee GHG emissions pursuant to that determination. The bill would require the implementation of these provisions to be funded with moneys from the Greenhouse Gas Reduction Fund, or other funds available to carry out the purposes of these provisions, upon appropriation by the Legislature. the Department of General Services, in consultation with the State Air Resources Board, to update a specified voluntary survey on state employee commutes by July 1, 2020, and at least once every 5 years thereafter, to include calculations for associated greenhouse gas emissions, as specified. The bill would require the department to report the findings to the Legislature, Governor, and all state agencies. The bill would require the department and the state board to develop incentives to increase state employees’ voluntary participation in the survey.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 12891 of the Government Code is amended to read:
12891.

For the purposes of this chapter, the following terms have the following meanings:

(a)“Agency” means the California Environmental Protection Agency.

(b)“Climate Action Team Report” means the report prepared pursuant to Executive Order S-3-05 and submitted to the Governor and the Legislature in March 2006.

(c)“GHG” means greenhouse gas as defined in subdivision (g) of Section 38505 of the Health and Safety Code.

(d)“GHG emission reduction target” means a target established for a state agency in the Climate Action Team Report, a requirement made applicable to that state agency by an action taken by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code, or a target established for an employee or category of employees pursuant to this chapter.

(e)“Secretary” means the Secretary for Environmental Protection.

(f)“State agency” means a state agency listed in the Climate Action Team Report, a state office, department, division, bureau, board, or commission whose operations or programs result in greenhouse gas emissions that are subject to Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and any other state agency listed in Section 12800, as determined by the secretary.

SECTION 1.

 The Legislature finds and declares all of the following:
(a) The State of California currently employs over 220,000 workers.
(b) Commuting to and from work, as well as certain work-related activities, emit greenhouse gases.
(c) The state has long been a leader in the fight against climate change, including the landmark California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), relative to activities that emit greenhouse gases.
(d) The state can continue to be a leader in the fight against climate change, and create a model for others to follow, by minimizing the greenhouse gas emissions associated with state employees and state work.
(e) In order to continue to reduce greenhouse gas emissions, the state needs to determine the commuting habits of and work-related activities performed by state employees that emit greenhouse gases.

SEC. 2.

 Section 12892 of the Government Code is amended to read:

12892.
 (a) On or before October 1 of each year, each state agency shall prepare and submit to the secretary in a standardized format as determined by the agency all of the following:
(1) A list of those measures that have been adopted and implemented by the state agency to meet GHG emission reduction targets, including employee targets established pursuant to paragraph (4), targets and a status report on actual GHG emissions reduced as a result of these measures.
(2) A list and timetable for the adoption of any additional measures needed to meet GHG emission reduction targets.
(3) An estimate of the state agency’s own GHG emissions, and the GHG emissions of each employee or category of employees, as well as an explanation of any increase or decrease compared to the previous year’s emissions.

(4)A GHG emission reduction target, or updated target, for each employee or category of employees.

(b) In order to reduce paperwork and workload, information required to be submitted pursuant to this section may be submitted in a standardized electronic format as determined by the agency.
(c) On or before January 1 of each year, the agency shall compile and organize the information submitted pursuant to this section into a clear, standardized format, and shall provide that information on the agency’s Internet Web site in the form of a state agency greenhouse gas emission reduction report card.
(d) The report card shall compare the actions taken and proposed to be taken by individual state agencies and their projected annual GHG emission reductions against the state agency GHG emission reduction targets and statewide GHG emission reduction limits.
(e) Where appropriate, the report card shall include a statement regarding the independent audits required by Section 12893. both of the following:
(1) A statement regarding the independent audits required by Section 12893.
(2) The results and findings from the survey required pursuant to Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code.
(f) In conjunction with the Governor’s Budget submitted pursuant to subdivision (a) of Section 12 of Article IV of the California Constitution, on or before January 10 of each year, the agency shall submit to the Legislature a comprehensive budget display that includes both of the following:
(1) Funding proposals and base funding in the proposed Governor’s Budget for state agencies implementing climate solutions to meet the GHG emission reduction targets as specified in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2) A five-year work plan summary for each department included in the comprehensive budget display that shows how staff and contracting resources will be allocated to achieve specified climate solution deliverables.

SEC. 3.Section 12893 of the Government Code is amended to read:
12893.

(a)Not less than once every three years, each state agency reporting pursuant to Section 12892 shall, to the extent funds are available, conduct an independent audit in a standardized format determined by the agency and verification of the actual and proposed GHG emission reductions achieved by that state agency, and the actual and proposed GHG emission reductions for each employee or category of employees, in order to ensure that the state agency is achieving GHG emission reduction targets.

(b)In the independent audit conducted pursuant to subdivision (a), a state agency shall identify areas of improvement for reducing GHG emissions of each employee or category of employees, determine best practices for reducing employee GHG emissions, and revise its employee GHG emission reduction targets and proposed measures for reducing employee GHG emissions, pursuant to that determination.

SEC. 4.Section 12893.1 is added to the Government Code, to read:
12893.1.

The implementation of this chapter shall be funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8, or other funds available to carry out the purposes of this chapter, upon appropriation by the Legislature.

SEC. 3.

 Chapter 8.9 (commencing with Section 25790) is added to Division 15 of the Public Resources Code, to read:
CHAPTER  8.9. State Employee Commute Survey

25790.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Department” means the Department of General Services.
(2) “State board” means the State Air Resources Board.
(3) “Survey” means the State Your Mode 2016 Employee Commute Survey and its updates.
(b) The department, in consultation with the state board, shall update the survey by July 1, 2020, and at least once every five years thereafter, and report the findings to the Legislature, Governor, and all state agencies.
(c) (1) In addition to the questions asked in the 2016 survey, the survey also shall ask state agency employees about other work-related activities that emit greenhouse gases including, but not limited to, both of the following:
(A) Travel performed for work duties, including, but not limited to, site inspections, enforcement activities, meetings, and conferences.
(B) Equipment operated in the course of performing work-related activities.
(2) Each survey shall include an open-ended question for state agency employees to report work-related activities not covered in the survey that emit greenhouse gases.
(d) The department and the state board shall review the responses to the questions required pursuant to subdivision (c) and do all of the following:
(1) Calculate the greenhouse gas emissions associated with the responses received.
(2) Calculate the greenhouse gas emissions associated with the various classifications and titles of state employees.
(3) Include, when deemed appropriate, a question or questions about those reported activities in future surveys.
(e) Nothing in this section shall prohibit the department and the state board from removing questions from the survey they no longer deem relevant.
(f) The survey shall be voluntary for state agency employees to complete.
(g) The department and the state board shall develop incentives to increase voluntary participation in the survey.
(h) The survey shall be a comprehensive survey of state agency employees and shall not be limited to specific geographic regions.
(i) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.