Bill Text: CA AB1657 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1657 (Prior Session Legislation)

Bill Title: Air pollution: public ports and intermodal terminals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1657 Detail]

Download: California-2015-AB1657-Amended.html

BILL NUMBER: AB 1657	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2016

INTRODUCED BY   Assembly Member O'Donnell

                        JANUARY 13, 2016

   An act to add Chapter 4.3 (commencing with Section 39740) to Part
2 of Division 26 of the Health and Safety Code, and to add Chapter
8.9 (commencing with Section 25790) to Division 15 of the Public
Resources Code, relating to air pollution, and declaring the urgency
thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1657, as amended, O'Donnell. Air pollution: public ports and
intermodal terminals.
   (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.
   This bill would establish the Zero- and Near-Zero-Emission
Intermodal Terminals Program to be administered by the state board to
fund equipment upgrades and investments at intermodal terminals, as
defined, to help transition the state's freight system to be 
zero-emission   zero-  and near-zero-emission
operations. The bill would authorize the program to be implemented
with moneys from the Greenhouse Gas Reduction Fund.
   (2) Existing law establishes the State Energy Resources
Conservation and Development Commission and requires the commission
to administer various programs to award grants and other financial
assistance for energy-related projects.
   This bill would establish the Port Building and Lighting
Efficiency Greenhouse Gas Reduction Fund Program to be administered
by the commission for the purpose of funding energy efficiency
upgrades and investments at public ports that help reduce electrical
load and increase  on-site   onsite 
renewable generation. The bill would authorize the program to be
implemented with moneys from the Greenhouse Gas Reduction Fund.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 4.3 (commencing with Section 39740) is added to
Part 2 of Division 26 of the Health and Safety Code, to read:
      CHAPTER 4.3.  ZERO- AND NEAR-ZERO-EMISSION INTERMODAL TERMINALS
PROGRAM


   39740.  For purposes of this section, "intermodal terminal" has
the same meaning as defined in the California Freight Mobility Plan
developed by the Transportation Agency.
   39742.  (a) The Zero- and Near-Zero-Emission Intermodal Terminals
Program is hereby established to be administered by the state board
to fund equipment upgrades and investments at intermodal terminals to
help transition the state's freight system to be 
zero-emission   zero-  and near-zero-emission
operations.
   (b) Moneys from the Greenhouse Gas Reduction Fund, created
pursuant to Section 16428.8 of the Government Code, shall be
available, upon appropriation by the Legislature, to implement this
chapter consistent with paragraph  (1)   (2)
 of subdivision (c) of Section 39712.
   39744.   (a)    Eligible projects shall include,
but need not be limited to, any of the following: 
   (a) 
    (1)  The early deployment of  zero-emission
  zero-  and near-zero-emission equipment that
handles the transfer of cargo at intermodal terminals. 
   (b) 
    (2)  The installation of infrastructure necessary for
the deployment of  zero-emission  zero- 
and near-zero-emission equipment, including, but not limited to,
fueling infrastructure at intermodal terminals. 
   (c) 
    (3)  Other projects that facilitate the transition of
cargo handling equipment to  zero-emission  
zero-  and near-zero-emission equipment. 
   (b) Eligible projects shall not include vessel upgrades. 
   39746.  The state board shall develop and adopt program guidelines
that do all of the following:
   (a) Are consistent with the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500)) and the
Greenhouse Gas Reduction Fund Investment Plan and Communities
Revitalization Act (Chapter 4.1 (commencing with Section 39710)).
   (b) Include baseline equipment eligibility with respect to the
types of equipment that will satisfy the  zero-emission
  zero-  and near-zero-emission requirement,
subject to feasibility requirements adopted by the state board.
   (c) Establish limits on award amounts so that no one project or
entity receives more than 50 percent of the program funding. 
   (d) Ensure moneys are allocated on a competitive basis for
projects that are shown to achieve the greatest greenhouse gas
emissions reductions not otherwise required by statute or regulation.

   39748.  In allocating moneys pursuant to this chapter, the state
board shall consider all of the following:
   (a) The impact of the investment on freight system efficiency.
   (b) The degree to which the investment facilitates transition of
the freight system to zero or near-zero emissions.
   (c) The impact on the cost and competitiveness of the state's
freight sector.
   (d) The reduction of greenhouse gases.
  SEC. 2.  Chapter 8.9 (commencing with Section 25790) is added to
Division 15 of the Public Resources Code, to read:
      CHAPTER 8.9.  PORT BUILDING AND LIGHTING EFFICIENCY GREENHOUSE
GAS REDUCTION FUND PROGRAM


   25790.  (a) The Port Building and Lighting Efficiency Greenhouse
Gas Reduction Fund Program is hereby established to be administered
by the commission for the purpose of funding energy efficiency
upgrades and investments at public ports that help reduce electrical
load and increase  on-site   onsite 
renewable generation.
   (b) Moneys from the Greenhouse Gas Reduction Fund, created
pursuant to Section 16428.8 of the Government Code, shall be
available, upon appropriation by the Legislature, to implement this
chapter consistent with paragraph (1) of subdivision (c) of Section
39712 of the Health and Safety Code.
   25792.   (a)    Eligible projects shall include,
but need not be limited to, any of the following: 
   (a) 
    (1)  The installation of renewable technologies at
marine terminals and at warehouses and other freight facilities at
public ports. 
   (b) 
    (2)  The replacement of conventional lighting at public
ports. 
   (c) 
    (3)  The implementation of energy efficiency measures
that reduce grid-based energy demand from operations at public ports.

   (d) 
    (4)  Other projects that add to the electrification of
public ports and reduce greenhouse gases. 
   (b) Eligible projects shall not include vessel upgrades. 
   25794.  The commission shall develop and adopt program guidelines
that are consistent with the California Global Warming Solutions Act
of 2006 (Division 25.5 (commencing with Section  38500)).
  38500) of the Health and Safety Code) and the
Greenhouse Gas Reduction Fund Investment Plan and Communities
Revitalization Act (Chapter 4.1 (commencing with Section 39710) of
Part 2 of Division 26 of the Health and Safety Code). 
   25796.  (a) To receive funding pursuant to this chapter, all of
the following shall occur:
   (1) A public port shall develop and adopt, in consultation with
the respective electrical corporation, as defined in Section 218 of
the Public Utilities Code, or local publicly owned electric utility,
as defined in Section 224.3 of the Public Utilities Code, providing
service to the port, an energy plan that meets all of the following
criteria:
   (A) (i) Is reviewed and approved by the commission.
   (ii) The commission shall require any proposed changes to be made
before approving the plan.
   (B) Adheres to the state's preferred energy loading order and
requires benchmarking for energy retrofit projects and the reporting
of measurable energy savings.
   (2) The project applicant shall demonstrate that the project will
achieve a reduction in greenhouse gases.
   (b) In prioritizing projects for awarding funding, the commission
shall consider the extent to which a project would reduce emissions
of greenhouse gases and provide environmental and public health
cobenefits, including, but not limited to, improved air and water
quality. 
   (c) The commission shall allocate moneys on a competitive basis
for projects that are shown to achieve the greatest greenhouse gas
emissions reductions not otherwise required by statute or regulation.

  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to implement at the earliest possible time programs to
provide incentives for the transition of goods movement equipment to
zero- and near-zero-emission technology and the reduction of
greenhouse gases at public ports, it is necessary for this act to
take effect immediately.