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 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  that   the
High-Speed Rail Authority to allocate  not less than 25% of the
moneys continuously appropriated  to the High-Speed Rail
Authority   to the authority  from the fund
 be allocated  to  environmental mitigation
 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  within this
expenditure category  to measures and projects  that are
 located in communities  that are located  in
areas designated as extreme nonattainment. The bill  expands
  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, 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),   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) 
    (iv)  Other capital costs of the project. 
   (iv) 
    (v)  Repayment of any loans made to the authority to
fund the project.
   (B)  Not  The High-Speed Rail Authority shall
allocate 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.  
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 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.