Bill Text: CA AB1167 | 2019-2020 | Regular Session | Amended


Bill Title: Greenhouse Gas Reduction Fund: high-speed rail: forestry and fire protection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-01 - In committee: Set, first hearing. Failed passage. Reconsideration granted. [AB1167 Detail]

Download: California-2019-AB1167-Amended.html

Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1167


Introduced by Assembly Member Mathis

February 21, 2019


An act to amend amend, repeal, and add Section 39719 of the Health and Safety Code, and to amend Section 75231 of of, and to add Part 4.5 (commencing with Section 4960) to Division 4 of, the Public Resources, relating to greenhouse gases. gases, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1167, as amended, Mathis. Greenhouse Gas Reduction Fund: high-speed rail. rail: forestry and fire protection.
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 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 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 continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project.
This bill would no longer continuously appropriate 25% of the annual proceeds of the fund Greenhouse Gas Reduction Fund for certain components of a specified high-speed rail project. The bill also would make a conforming change. The bill, beginning with the 2021–22 fiscal year, would continuously appropriate 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to the Department of Forestry and Fire Protection to purchase new engines and equipment, hire new firefighters, and clear overgrowth or tree mortality and to the Firefighter Home Relief Trust Fund Program.
This bill would establish the Firefighter Home Relief Trust Fund Program to be administered by the department to provide grant funding for resident firefighters who lost their primary residence due to a wildfire or natural disaster, as specified. The bill would create the Firefighter Home Relief Trust Fund, where moneys appropriated from the Greenhouse Gas Reduction Fund would be deposited and available for allocation under the program.
This bill also would make a conforming change.
Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   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), beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(1) 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.
(2) 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.
(3) 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.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 39719 is added to the Health and Safety Code, 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), beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(1) 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.
(2) 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.
(3) 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.
(c) Beginning in the 2021–22 fiscal year, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Forestry and Fire Protection. Of the amount appropriated in this subdivision, both of the following:
(1) Twenty percent shall be expended for the purchase of new engines and equipment, the hiring of new firefighters, and the clearing of overgrowth or tree mortality.
(2) Five percent shall be expended for the Firefighter Home Relief Trust Fund Program, established pursuant to Part 4.5 (commencing with Section 4960) of Division 4 of the Public Resources Code.
(d) This section shall become operative January 1, 2021.

SEC. 3.

 Part 4.5 (commencing with Section 4960) is added to Division 4 of the Public Resources Code, to read:

PART 4.5. Firefighter Home Relief Trust Fund Program

4960.
 (a) The Firefighter Home Relief Trust Fund Program is hereby established to be administered by the department to provide grant funding for resident firefighters who lost their primary residence due to a wildfire or natural disaster.
(b) An eligible applicant shall be a city, county, or state firefighter who has lost their primary residence in the last five years from the time of applying due to a wildfire or natural disaster.
(c) The amount of a grant shall not exceed the primary residence’s fair market value at the time the residence was destroyed.
(d) The department shall develop and adopt guidance for all of the following:
(1) Application forms.
(2) Grant disbursement timelines.
(e) Five percent of the moneys in the Firefighter Home Relief Trust Fund, created pursuant to Section 4962, may be used for the department’s administrative costs in administering this section.

4962.
 The Firefighter Home Relief Trust Fund is hereby created in the State Treasury. Moneys appropriated from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall be deposited in the fund. Moneys in the fund shall be allocated for the purposes of Section 4960.

SEC. 2.SEC. 4.

 Section 75231 of the Public Resources Code is amended to read:

75231.
 (a) A recipient transit agency under the Low Carbon Transit Operations Program, created pursuant to Section 75230, may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of moneys. If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the Low Carbon Transit Operations Program.
(b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the Low Carbon Transit Operations Program if all of the following conditions are met:
(1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred.
(2) The expenditures made by the recipient transit agency are eligible under the Low Carbon Transit Operations Program. If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures.
(3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies.
(4) There are moneys in the Greenhouse Gas Reduction Fund designated for the Low Carbon Transit Operations Program and from the recipient transit agency’s formula allocation share as determined pursuant to subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment.
(c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of the reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the Low Carbon Transit Operations Program.
(d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section.

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