Today's Law As Amended

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SB-535 California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund.(2011-2012)



SECTION 1.
 The Legislature finds and declares all of the following:
(a) California embraced the challenge posed by climate change with the passage of the California Global Warming Solutions Act of 2006, enacted as Chapter 488 of the Statutes of 2006 (Assembly Bill 32). Assembly Bill 32 recognizes the disproportionate impacts climate change will have on disadvantaged and low-income communities in California, which already face disproportionate impacts from substandard air quality in the form of higher rates of respiratory illness, hospitalizations, and premature death.
(b) Assembly Bill 32 recognizes the potential vulnerability of California’s low-income and disadvantaged population to efforts to reduce greenhouse gas emissions and requires that activities taken to comply with Assembly Bill 32 do not disproportionately impact those communities.
(c) Assembly Bill 32 recognizes the public health impacts of climate change and requires that activities taken to comply with Assembly Bill 32 consider the localized and cumulative impacts in communities that are already adversely impacted by air pollution.
(d) Assembly Bill 32 requires that public and private investment be directed toward the most disadvantaged communities in California to provide an opportunity for small businesses, schools, affordable housing associations, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions.
(e) Assembly Bill 32 neither provides a definition, however, for California’s most impacted and disadvantaged communities, nor direction on how the state will mitigate adverse impacts from climate change in these communities, nor direction on how the state will ensure these communities can participate in and receive investments from activities taken pursuant to Assembly Bill 32 and not experience disproportionate impacts.
(f) Since the passage of Assembly Bill 32, the State Air Resources Board and other state agencies have adopted various regulatory programs to enable California to achieve Assembly Bill 32’s greenhouse gas emissions reduction target. The people of California voiced their strong support for continued implementation of Assembly Bill 32 with the defeat of Proposition 23 in November 2010.
(g) It is the intent of the Legislature that this act continue California’s implementation of Assembly Bill 32 by directing resources to the state’s most impacted and disadvantaged communities to ensure activities taken pursuant to that authority will provide economic and health benefits to these communities as originally intended.
(h) It is the intent of the Legislature that funds deposited pursuant to this act continue California’s implementation of Assembly Bill 32 by achieving additional emission reductions and mitigating direct health impacts on California’s most impacted and disadvantaged communities.

SEC. 2.

 Section 39711 is added to the Health and Safety Code, to read:

39711.
 The California Environmental Protection Agency shall identify disadvantaged communities for investment opportunities related to this chapter. These communities shall be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following:
(a) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation.
(b) Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment.

SEC. 3.

 Section 39713 is added to the Health and Safety Code, to read:

39713.
  (a) The investment plan developed and submitted to the Legislature, pursuant to Section 39716, shall allocate a minimum of 25 percent of the available moneys in the fund to projects that provide benefits to communities described in Section 39711.
(b) The investment plan shall allocate a minimum of 10 percent of the available moneys in the fund to projects located within communities described in Section 39711.
(c) The allocation pursuant to subdivision (b) may be, but need not be, for projects included, in whole or in part, in the set of projects supported by the allocation described in subdivision (a).

SEC. 4.

 Section 39715 is added to the Health and Safety Code, to read:

39715.
 Any funding guidelines developed for administering agencies, pursuant to Section 39714, shall include guidelines for how administering agencies should maximize benefits for disadvantaged communities, as described in Section 39711.

SEC. 5.

 Section 39721 is added to the Health and Safety Code, to read:

39721.
 For the report prepared pursuant to Section 39720, administering agencies shall report to the Department of Finance, and the Department of Finance shall include in the report, a description of how the administering agencies have fulfilled the requirements of Section 39713.

SEC. 6.

 Section 39723 is added to the Health and Safety Code, to read:

39723.
 Nothing in this chapter shall be construed as resulting in any taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution.
SEC. 7.
 This act shall not become operative unless Assembly Bill 1532 of the 2011–12 Regular Session is enacted.