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AB-2566 Urban forestry: school greening projects.(2021-2022)



Current Version: 08/26/22 - Enrolled

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AB2566:v90#DOCUMENT

Enrolled  August 26, 2022
Passed  IN  Senate  August 23, 2022
Passed  IN  Assembly  August 24, 2022
Amended  IN  Senate  August 11, 2022
Amended  IN  Senate  June 29, 2022
Amended  IN  Senate  June 20, 2022
Amended  IN  Assembly  May 23, 2022
Amended  IN  Assembly  May 02, 2022
Amended  IN  Assembly  April 19, 2022
Amended  IN  Assembly  April 04, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2566

Introduced by Assembly Member Calderon
(Coauthors: Assembly Members Eduardo Garcia and Luz Rivas)
(Coauthors: Senators Gonzalez, Hertzberg, and Kamlager)

February 17, 2022

An act to add Section 4799.12.1.5 to the Public Resources Code, relating to urban forestry.


LEGISLATIVE COUNSEL'S DIGEST


AB 2566, Calderon. Urban forestry: school greening projects.
The California Urban Forestry Act of 1978 has a purpose of, among other things, promoting the use of urban forest resources for purposes of increasing integrated projects with multiple benefits in urban communities. The act requires the Department of Forestry and Fire Protection to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multiple-benefit projects by assisting urban areas with innovative solutions to problems, as provided. The act authorizes the Director of Forestry and Fire Protection to make grants to provide assistance of 25% to 90% of costs for projects, as provided.
This bill would require funds allocated to the department for the explicit purposes of supporting school greening, as defined, to be administered to provide grants to eligible local educational agencies, as defined, nonprofit organizations, cities, counties, and districts, including special districts, through a competitive grant process, as provided. The bill would require, on or before July 1, 2023, the department to develop the competitive grant process, including guidelines and selection criteria. The bill would require the department, before developing the grant process, to hold at least 2 public hearings to gather public input on the grant process development. The bill would, upon appropriation in the annual Budget Act, require funding for these purposes to be transferred to the School Greening and Resiliency Fund, which the bill would establish in the State Treasury.
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) The latest California Climate Change Assessment projects hotter, longer, and more frequent heat events. Extreme heat is responsible for more deaths than all other extreme weather events, and disproportionately impacts communities of color, persons with disabilities, seniors, and low-income communities.
(b) California has experienced record-setting temperatures in the last two years, demonstrating the urgency of addressing climate-intensified extreme heat impacts. In 2020, temperatures in the County of Los Angeles reached as high as 121 degrees Fahrenheit, the highest temperature ever recorded there, causing an increase of 10 times the normal number of emergency room visits. Additionally, in 2021, the Coachella Valley had its hottest year ever, with temperatures reaching 123 degrees Fahrenheit.
(c) Children, especially those that attend schools in urban areas built with heat-retaining materials and that are ill-equipped to shelter students from extreme heat, are at heightened risk of suffering heat-related illnesses, poor health outcomes, and a reduction in their ability to learn, as excessive heat interrupts outdoor activity and exercise.
(d) Trees and green spaces help mediate temperatures in urban areas. A 2015 urban forestry study in ScienceDirect examined tree canopy coverage in a particular area and found that an increase in coverage from 10 percent to 25 percent resulted in an average daytime cooling benefit of up to 35 degrees Fahrenheit in residential neighborhoods at the local scale.
(e) Several studies that have examined the relationship of green space in school playgrounds to desired educational outcomes consistently show a positive relationship between natural playscapes and enhanced physical activity, motor development, creative play behavior, and environmental learning.

SEC. 2.

 Section 4799.12.1.5 is added to the Public Resources Code, immediately following Section 4799.12.1, to read:

4799.12.1.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Eligible project” means any project or action identified in Section 4799.12 or in paragraph (2) of subdivision (d) of Section 12802.10 of the Government Code that can feasibly be completed on the schoolsite of a local educational agency.
(2) “In-need education facility” means a schoolsite of a local educational agency in which either of the following apply:
(A) A schoolsite located in a disadvantaged community, as identified in Section 39711 of the Health and Safety Code, or a low-income community, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code.
(B) A schoolsite in which 70 percent or more of the pupils are eligible for free or reduced-price meals, as defined in Section 42238.01 of the Education Code.
(3) “Local educational agency” means a school district, county office of education, or charter school that maintains a kindergarten or any of the grades 1 to 12, inclusive.
(4) “School greening” means any eligible project located within the property boundaries of a schoolsite of a local educational agency that reduces the ambient temperature, including by supporting the urban forest.
(b) Funds allocated to the department for the explicit purposes of supporting school greening shall be administered to provide grants to eligible local educational agencies, nonprofit organizations, cities, counties, and districts, including special districts, through a competitive grant process.
(c) Not less than 60 percent of the school greening features supported by a grant received under this section shall occur within areas on a schoolsite of a local educational agency used by pupils, including, but not limited to, for recreation, recess, lunch, or instruction outdoors.
(d) (1) On or before July 1, 2023, the department shall develop the competitive grant process, which shall include guidelines and selection criteria.
(2) The guidelines required by paragraph (1) shall include all of the following:
(A) Applications shall, within the application, specify the exact project to be completed.
(B) Applicants shall obtain a memorandum of understanding from the local educational agency supporting the project before being awarded a grant for work to be completed on that local educational agency’s property.
(C) Awarded grants shall be subject to state auditing and reporting requirements.
(D) Grantees shall maintain and operate the project developed pursuant to the grant for a period of no less than five years.
(E) Grant funds may be used to support costs related to the project that include, but are not limited to, planning, permitting, design, and soil testing.
(F) Grant funds shall be available to support indirect costs not to exceed a percentage of the total grant to be determined by the department.
(G) Awarded projects shall comply with the Model Water Efficient Landscape Ordinance or the local agency landscape water ordinance and shall use drought-tolerant plantings, as appropriate.
(H) Priority for grant funds shall be given to projects that convert paved areas to green spaces.
(I) A charter school that has received a grant from the Charter Schools Facilities Program established pursuant to Section 17078.52 of the Education Code shall be eligible for a grant pursuant to this section.
(e) Not less than 80 percent of funds made available for grants pursuant to this section shall be designated for in-need education facilities if sufficient applications for in-need education facilities are received and qualify for the grants.
(f) Before developing the grant process pursuant to subdivision (c), the department shall hold at least two public hearings to gather public input on the grant process development.
(g) Upon appropriation in the annual Budget Act, funding for these purposes shall be transferred to the School Greening and Resiliency Fund, which is hereby established in the State Treasury.