Bill Text: CA AB1629 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Public resources: greenhouse emissions and biomass.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1629 Detail]

Download: California-2015-AB1629-Amended.html

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BILL NUMBER: AB 1629	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 25, 2016
	AMENDED IN ASSEMBLY  APRIL 14, 2016

INTRODUCED BY   Committee on Budget (Assembly Members Ting (Chair),
Travis Allen, Bigelow, Bloom, Bonta, Campos, Chávez, Chiu, Cooper,
Gordon, Grove, Harper, Holden, Irwin, Kim, Lackey, McCarty, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Rodriguez,
Thurmond, Wilk, and Williams)

                        JANUARY 7, 2016

   An act    to add Section 412 to the Food and
Agricultural Code, to add Section 12802.10 to the Government Code, to
add Section 44274.3 to the Health and Safety Code, and to add
Section 4799.05 to the Public Resources Code,   relating to
 the Budget Act of 2016.   greenhouse gases, and
making an appropriation therefor, to take effect immediately, bill
related to the budget. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1629, as amended, Committee on Budget.  Budget Act of
2016.   Greenhouse gas emissions.  
   (1) 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 requires the California Environmental Protection
Agency to identify disadvantaged communities and requires the
Department of Finance, in consultation with the State Air Resources
Board and any other relevant state agency, to develop, as specified,
a 3-year investment plan for the moneys deposited in the Greenhouse
Gas Reduction Fund. 
   This bill would require the Secretary of the Natural Resources
Agency to support the development of sustainable communities by
managing and awarding financial assistance for the preparation and
implementation of specified green infrastructure projects that reduce
greenhouse gas emissions and provide multiple benefits, as defined,
to specified entities. The bill would authorize moneys from the
Greenhouse Gas Reduction Fund, upon appropriation, to be available
for allocation by the Secretary of the Natural Resources Agency for
the purposes of awarding the financial assistance. The bill would
require the secretary to allocate at least 75% of the moneys to
projects in critically underserved communities or disadvantaged
communities, as specified. The bill would exempt the development and
adoption of guidelines and selection criteria from the Administrative
Procedure Act.  
   This bill would require the State Air Resources Board, no later
than January 1, 2017, in consultation with the Natural Resources
Agency and the Department of Forestry and Fire Protection, to
complete a standardized greenhouse gas emissions inventory, as
specified, and, by January 1, 2018, to complete a standardized
accounting framework that supports statewide greenhouse gas emissions
reduction goals and investments of moneys from the Greenhouse Gas
Reduction Fund, as specified.  
   This bill would find and declare that a diversity of dairy methane
management practices, including anaerobic digesters and nondigester
dairy methane management strategies, can effectively reduce
greenhouse gas emissions.  
   (2) Existing law establishes the Air Quality Improvement Program
that is administered by the State Air Resources Board for the
purposes of funding projects related to, among other things, the
reduction of criteria air pollutants and improvement of air quality.
Pursuant to its existing statutory authority, the state board has
established the Clean Vehicle Rebate Project, as a part of the Air
Quality Improvement Program, to promote the production and use of
zero-emission vehicles by providing rebates for the purchase of new
zero-emission vehicles.  
   The Charge Ahead California Initiative requires the State Air
Resources Board to adopt, no later than June 30, 2015, revisions to
the criteria and other requirements for the Clean Vehicle Rebate
Project to, among other things, limit eligibility based on income.
 
   This bill would require the State Air Resources Board to adopt
regulations for the purposes of the Clean Vehicle Rebate Project that
would establish the maximum gross annual income at specified levels
for a person to be eligible for a rebate; increase rebate payments by
$500 for low-income applicants, as defined; include outreach to
disadvantaged communities, as specified, to increase consumer
awareness; and prioritize rebate payments for low-income applicants.
 
   (3) Existing law authorizes the Director of Forestry and Fire
Protection to enter into agreements and make loans for various forest
resource improvement projects to improve the timber productivity of
forest lands in the state and to improve all forest resources and the
total forest resource system.  
   This bill would additionally authorize the Director of Forestry
and Fire Protection to provide grants to, or enter into contracts or
other cooperative agreements with, private or nongovernmental
entities, Native American tribes, or local, state, and federal public
agencies for the implementation and administration of projects and
programs to improve forest health and reduce greenhouse gas
emissions. The bill would require any such project or program funded
with moneys from the Greenhouse Gas Reduction Fund to comply with all
statutory and program requirements applicable to the use of moneys
from that fund.  
   This bill would require the Department of Forestry and Fire
Protection, from moneys appropriated to it, to allocate not less than
$5,000,000 to the Wildlife Conservation Board and public
conservancies with public land management responsibilities for
working forest conservation easements, as provided, and not less than
$2,500,000 for specified fire prevention and management activities
related to the implementation of managed ignition and prescribed
burns. The bill would also require the department to allocate funding
to specified landscape-scale projects.  
   (4) This bill would appropriate $100,000 from the Greenhouse Gas
Reduction Fund to the Wildlife Conservation Board to provide
administrative support for projects and programs to improve forest
health and reduce greenhouse gas emissions.  
   (5) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
 
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2016. 
   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.    It is the intent of the Legislature to
provide funding for various projects that decrease wildfire risk and
reduce greenhouse gas emissions that are caused by wildfires in Tier
1 High Hazard Zones identified by the Tree Mortality Task Force,
however, it is not the intent of the Legislature that this act
eliminate, alter, or otherwise interfere with any activities
implemented by the Tree Mortality Task Force relating to forest
improvement and health, including vegetation management activities.

   SEC. 2.    Section 412 is added to the  
Food and Agricultural Code   , to read:  
   412.  (a) The Legislature finds and declares that a diversity of
dairy methane management practices, including anaerobic digesters and
nondigester dairy methane management strategies, can effectively
reduce greenhouse gas emissions. Nondigester dairy methane management
strategies include, but are not limited to, scrape conversion, open
solar drying and composting of manure onsite, conversion of dairy
operations to pasture-based management, and solid separation
technologies.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Conversion of dairy operations to pasture-based management"
means dairying systems where the dairy cows spend a portion of their
time grazing on fields in which some or all of the manure is
deposited and left in the field and decomposes aerobically, which
avoids methane emissions.
   (2) "Open solar drying and composting of manure onsite" means the
collection, storage, and drying of dairy manure in a nonliquid
environment.
   (3) "Scrape conversion" means the conversion of flush water lagoon
systems to solid-scrape or dry manure management practices,
including vacuum technologies for manure management.
   (4) "Solid separation technologies" means technologies designed to
separate liquid components of manure from minerals and organic
components, for the purposes of reducing methane emissions. 
   SEC. 3.    Section 12802.10 is added to the 
 Government Code   , to read:  
   12802.10.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Critically underserved community" has the same meaning as
defined in Section 5642 of the Public Resources Code.
   (2) "Disadvantaged community" means a community identified
pursuant to Section 39711 of the Health and Safety Code or pursuant
to Section 75005 of the Public Resources Code.
   (3) "Multiple benefits" includes, but is not limited to, a
decrease in air and water pollution or a reduction in the consumption
of natural resources and energy, including, but not limited to, the
establishment and enhancement of projects listed in subdivision (e).
   (4) "Secretary" means the Secretary of the Natural Resources
Agency.
   (b) To support the development of sustainable communities, the
secretary shall manage and award financial assistance, for the
preparation and implementation of green infrastructure projects that
reduce greenhouse gas emissions and provide multiple benefits, to any
of the following:
   (1) A city.
   (2) A county.
   (3) A special district.
   (4) A nonprofit organization.
   (5) An agency or entity formed pursuant to the Joint Exercise of
Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of
Title 1) if at least one of the parties to the joint powers
agreement qualifies as an eligible applicant, notwithstanding the
Joint Exercise of Powers Act.
   (c) Moneys from the Greenhouse Gas Reduction Fund, created
pursuant to Section 16428.8, shall be available, upon appropriation
by the Legislature, for allocation by the secretary pursuant to this
section.
   (d) The secretary shall develop minimum requirements for awarding
moneys for eligible projects pursuant to this section. Those
requirements shall require a project, in addition to reducing
greenhouse gas emissions, to do at least one of the following:
   (1) Acquire, create, enhance, or expand community parks and green
spaces.
   (2) Use natural systems or systems that mimic natural systems to
achieve multiple benefits.
   (e) The multiple benefits of a project may include, but are not
limited to, the establishment or enhancement of at least two of the
following:
   (1) The greening of existing public lands and structures,
including schools.
   (2) Multiobjective stormwater projects, including the construction
of permeable surfaces and collection basins and barriers.
   (3) Green streets and alleys that integrate green infrastructure
elements into the street or alley design, including permeable
surfaces, bioswales, and trees.
   (4) Urban heat island mitigation and energy conservation efforts
through greening, including green roof projects.
   (5) Nonmotorized urban trails that provide safe routes for both
recreation and travel between residences, workplaces, commercial
centers, and schools.
   (6) Tree canopy.
   (7) Wetlands.
   (8) Neighborhood, city, regional, or county parks and open space.
   (9) Climate resilience and adaptation of urban areas that reduce
vulnerability to climate impacts and improve the ability of natural
systems to buffer the impacts of climate change.
   (10) Economic, social, and health benefits, including, but not
limited to, recreational opportunities, workforce education and
training, contracting, and job opportunities for disadvantaged
communities.
   (f) The secretary shall give additional consideration to awarding
moneys for a project pursuant to this section that meets at least two
of the following criteria:
   (1) Provides park or recreational benefits to a critically
underserved community or disadvantaged community.
   (2) Is proposed by a critically underserved community or
disadvantaged community.
   (3) Develops partnerships with local community organizations and
businesses in order to strengthen outreach to disadvantaged
communities, provides access to quality jobs for residents of
disadvantaged communities, or provides access to workforce education
and training.
   (4) Uses interagency cooperation and integration.
   (5) Uses existing public lands and facilitates the use of public
resources and investments, including schools.
   (g) The secretary shall allocate at least 75 percent of the moneys
available for purposes of this section to projects that are located
in, and that provide benefits to, critically underserved communities
or disadvantaged communities, and shall allocate at least one-third
of that 75 percent to disadvantaged communities, as identified
pursuant to Section 39711 of the Health and Safety Code.
   (h) In implementing this section, the secretary shall maximize the
expenditure of funds made available pursuant to the Statewide Park
Development and Community Revitalization Act of 2008 (Chapter 3.3
(commencing with Section 5640) of Division 5 of the Public Resources
Code).
   (i) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1) does not apply to the development and
adoption of guidelines and selection criteria adopted pursuant to
this section. 
   SEC. 4.    Section 44274.3 is added to the  
Health and Safety Code   , to read:  
   44274.3.  (a) For purposes of this section, "low income" means a
resident of the state whose household income is less than or equal to
300 percent of the federal poverty level.
   (b) The state board, in consultation with the State Energy
Resources Conservation and Development Commission, districts, and the
public, shall adopt regulations for the purposes of the Clean
Vehicle Rebate Project, established as part of the Air Quality
Improvement Program, that do all of the following:
   (1) Limit eligibility for the project based on income by providing
that, for all eligible vehicle types except fuel cell electric
vehicles, the gross annual income, as reported on the Internal
Revenue Service Form 1040, the Internal Revenue Service Form 1040A,
or the Internal Revenue Service Form 1040EZ, for a person to be
eligible for a rebate payment shall not exceed the following:
   (A) One hundred twenty-five thousand dollars ($125,000) for single
filers.
   (B) One hundred seventy thousand dollars ($170,000) for
head-of-household filers.
   (C) Two hundred fifty thousand dollars ($250,000) for joint
filers.
   (2) For a low-income applicant, increase the rebate payment by
five hundred dollars ($500) for all eligible vehicle types.
   (3) Include outreach to disadvantaged communities, as identified
pursuant to Section 39711, to increase consumer awareness.
   (4) Prioritize rebate payments for low-income applicants. 
   SEC. 5.    Section 4799.05 is   added to the
  Public Resources Code   , to read:  
   4799.05.  (a) The director may provide grants to, or enter into
contracts or other cooperative agreements with, entities, including,
but not limited to, private or nongovernmental entities, Native
American tribes, or local, state, and federal public agencies, for
the implementation and administration of projects and programs to
improve forest health and reduce greenhouse gas emissions.
   (b) Any project or program described in this section that is
funded with moneys from the Greenhouse Gas Reduction Fund, created
pursuant to Section 16428.8 of the Government Code, shall comply with
all statutory and program requirements applicable to the use of
moneys from the fund.
   (c) Moneys appropriated to the department for the purposes of this
section shall be allocated as follows:
   (1) Not less than five million dollars ($5,000,000) to the
Wildlife Conservation Board and other public conservancies with
public land management responsibilities for working forest
conservation easements. The department shall collaborate with the
board and those conservancies to facilitate the easement acquisition
process.
   (2) Not less than two million five hundred thousand dollars
($2,500,000) for the collaborative use of managed ignition or
prescribed burns that are carried out either as part of a
landscape-scale project, as described in paragraph (3), or as an
individual project. The department shall collaborate with all
directly affected public agencies in the implementation of this
paragraph.
   (3) For landscape-scale projects, as follows:
   (A) (i) To subsidize the removal of small diameter material,
especially surface fuels and ladder fuels, as well as dead trees,
including the transportation of this material to biomass plants or
shredding facilities.
   (ii)  For purposes of this subparagraph, the State Air Resources
Board shall develop and adopt new carbon and particulate emission
standards for biomass plants that it considers to be the best
available technology.
   (iii) A biomass plant may receive a subsidy pursuant to this
subparagraph until January 1, 2019. The plant may continue to receive
the subsidy until July 1, 2023, if the plant complies with the
applicable standards adopted by the state board pursuant to clause
(ii) within 18 months after adoption of the standards.
   (B) For multiple benefit projects such as tree thinning, carbon
sequestration, biomass processing, forest resilience, and improved
ecological outcome projects. The department shall give grant funding
priority to landowners who practice uneven-age forest management
within the boundaries of the project and whose activities are
conducted pursuant to an approved timber harvest plan, nonindustrial
timber harvest plan, or working forest management plan. An
application for a grant for a project under this subparagraph shall
include a description of how the proposed project will increase
average stem diameter and provide other site-specific improvement to
forest complexity, as demonstrated by the expansion of the variety of
tree age classes and species covering a period of at least 50 years.
The department shall also give funding priority to landowners who
agree to long-term forest management goals prescribed by the
department.
   (C) For activities on National Forest lands to increase tree stand
heterogeneity, create forest openings of less than one acre, and
increase average tree stand diameter of residual trees. Any grants
provided under this subparagraph shall be approved by the department
and the State Air Resources Board, in collaboration with appropriate
state agencies. 
   SEC. 6.    The State Air Resources Board, in
consultation with the Natural Resources Agency and the Department of
Forestry and Fire Protection, shall do both of the following: 

   (a) No later than January 1, 2017, complete a standardized
greenhouse gas emissions inventory for natural and working lands.
 
   (b) (1) No later than January 1, 2018, complete a standardized
accounting framework for forests that supports statewide greenhouse
gas emissions reduction goals and investments of moneys from the
Greenhouse Gas Reduction Fund, established pursuant to Section
16428.8 of the Government Code.  
   (2) The accounting framework shall include a statewide baseline
projection of business-as-usual emissions and carbon sequestration
and shall consider state, regional, and project scales of accounting
based on forest type and other ecological indicators. 
   SEC. 7.    The sum of one hundred thousand dollars
($100,000) is hereby appropriated from the Greenhouse Gas Reduction
Fund, created pursuant to Section 16428.8 of the Government Code, to
the Wildlife Conservation Board to provide administrative support for
projects and programs to improve forest health and reduce greenhouse
gas emissions. 
   SEC. 8.    This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the 2016 Budget Act.