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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 400	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 25, 2015

   An act to amend Section  39719.1   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 make a technical, nonsubstantive change to these
provisions.  
   This bill would require that not less than 25% of the moneys
continuously appropriated to the High-Speed Rail Authority from the
fund be allocated to measures and projects that reduce greenhouse gas
emissions from transportation sources and provide a cobenefit of
improving air quality. The bill would require priority to be given to
measures and projects located in communities that are located in
areas designated as extreme nonattainment. The bill expands the
purposes of a continuous appropriation, thereby making an
appropriation. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   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.  Funds  
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, 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, except as
provided in subparagraph (B), 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: 
   (A) 
    (i)  Acquisition and construction costs of the project.

   (B) 
    (ii)  Environmental review and design costs of the
project. 
   (C) 
    (iii)  Other capital costs of the project. 
   (D) 
    (iv)  Repayment of any loans made to the authority to
fund the project. 
   (B) Not less than 25 percent of the moneys appropriated pursuant
to subparagraph (A) shall be allocated to measures and projects that
reduce greenhouse gas emissions from transportation sources and
provide a cobenefit of improving air quality. Priority shall be given
to measures and projects in communities that are located in areas
designated as extreme nonattainment. 
   (c) In determining the amount of annual proceeds of the fund for
 the  purposes of the calculation in subdivision (b), the
 funds   moneys  subject to Section 39719.1
shall not be included. 
  SECTION 1.    Section 39719.1 of the Health and
Safety Code is amended to read:
   39719.1.  (a) Of the amount loaned from the fund to the General
Fund pursuant to Item 3900-011-3228 of Section 2.00 of the Budget Act
of 2013, four hundred million dollars ($400,000,000) shall be
available to the High-Speed Rail Authority pursuant to subdivision
(b).
   (b) The portion of the loan from the fund to the General Fund
described in subdivision (a) shall be repaid to the fund as necessary
based on the financial needs of the high-speed rail project.
Beginning in the 2015-16 fiscal year, and in order to carry out the
goals of the fund in accordance with the requirements of Section
39712, the amounts of all the loan repayments, notwithstanding
Section 13340 of the Government Code, are continuously appropriated
from the fund 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:
   (1) Acquisition and construction costs of the project.
   (2) Environmental review and design costs of the project.
   (3) Other capital costs of the project.
   (4) Repayment of any loans made to the authority for the project.