Bill Text: CA SB400 | 2015-2016 | Regular Session | Amended

California Senate Bill 400 (Prior Session Legislation)

Bill Title: California Global Warming Solutions Act of 2006:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB400 Detail]

Download: California-2015-SB400-Amended.html

BILL NUMBER: SB 400	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2015
	AMENDED IN SENATE  APRIL 23, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 25, 2015

   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


   SB 400, as amended, Lara. California Global Warming Solutions Act
of 2006: Greenhouse Gas Reduction Fund.
   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 state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020. 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 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. Existing law makes a specified continuous
appropriation to the High-Speed Rail Authority from the fund.
   This bill would require the High-Speed Rail Authority to allocate
not less than 25% of the moneys continuously appropriated to the
authority from the fund to  environmental mitigation measures
and projects that reduce greenhouse gas emissions from
transportation sources   projects that either reduce or
offset greenhouse gas emissions directly associated with the
construction of the high-speed rail project  and provide a
cobenefit of improving air quality. The bill would require priority
to be given within this expenditure category to measures and projects
that are located in communities in areas designated as extreme
nonattainment. The bill would expand the purposes of a continuous
appropriation, thereby making an appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated 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
are continuously appropriated, without regard to fiscal years, for
transit, affordable housing, and sustainable communities programs as
following:
   (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. Moneys 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,  
proceeds  shall be expended for affordable housing, consistent
with the provisions of that program.
   (2) (A) 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 and shall be allocated 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:
   (i) Acquisition and construction costs of the project.
   (ii) Environmental review and design costs of the project.

   (iii) Environmental mitigation measures and projects that reduce
greenhouse gas emissions from transportation sources and provide a
cobenefit of improving air quality.  
   (iii) Projects that either reduce or offset greenhouse gas
emissions directly associated with the construction of the high-speed
rail project and provide a cobenefit of improving air quality. 

   (iv) Other capital costs of the project.
   (v) Repayment of any loans made to the authority to fund the
project.
   (B) The High-Speed Rail Authority shall allocate not less than 25
percent of the moneys appropriated pursuant to subparagraph (A) for
the purposes of clause (iii) of subparagraph (A). Priority for
allocating funding for those purposes shall be given to measures and
projects in communities that are located in areas designated as
extreme nonattainment.
   (C) Measures and projects eligible for funding pursuant to clause
(iii) of subparagraph (A) may include, but are not limited to, the
following:
   (i) Public transit improvements that reduce congestion by
improving transit service or frequency of transit service.
   (ii) Transportation improvements that reduce congestion, including
network improvements and roadway modifications.
   (iii) Alternative transportation options, including infrastructure
improvements that support clean transportation, facilitate bicycle
and pedestrian use, and connect bicycle and pedestrian routes to
transit facilities.
   (iv) Natural systems, including rural and urban forests, that
reduce greenhouse gas emissions or increase the sequestration of
carbon to mitigate the impacts of greenhouse gas emissions and create
greater climate resiliency.
   (v)  Reduction of emissions directly associated with
construction of the high-speed rail project, including the 
 The  use of low and zero-emission equipment for
transportation and construction.
   (c) In determining the amount of annual proceeds of the fund for
the purposes of the calculation in subdivision (b), the moneys
subject to Section 39719.1 shall not be included.