Bill Text: CA AB2293 | 2015-2016 | Regular Session | Amended
Bill Title: California Green Business Program and Green Assistance
Sponsorship: Partisan Bill (Democrat 6)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2293 Detail]
Download: California-2015-AB2293-Amended.html
BILL NUMBER: AB 2293 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
AMENDED IN ASSEMBLY MARCH 10, 2016
INTRODUCED BY Assembly Members Cristina Garcia, Alejo, Eggman,
Eduardo Garcia, and Gomez
(Principal coauthor: Senator Leyva)
FEBRUARY 18, 2016
An act to add Part 10 (commencing with Section 44480) to
Division 26 Sections 12812.7 and 12812.8 to the
Government Code, and to amend Section 25244.17.2 of the Health
and Safety Code, relating to greenhouse gases.
gases, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2293, as amended, Cristina Garcia. Greenhouse Gas
Reduction Fund: California Green Business Program
and Green Assistance Program.
Existing law creates the California Environmental Protection
Agency, consisting of various boards, offices, and departments,
including the State Air Resources Board and the Department of Toxic
Substances Control.
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 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 establish the Green Assistance Program within the
California Environmental Protection Agency to, among other things,
assist small businesses and small nonprofit organizations in applying
for moneys from the Greenhouse Gas Reduction Fund.
This bill would also establish the California Green Business
Program within the California Environmental Protection Agency to
provide support and assistance to green business certification
programs operated by local governments that certify small- and
medium-sized businesses that voluntarily adopt environmentally
preferable business practices, including, but not limited to,
increased energy efficiency, reduced greenhouse gas emissions, water
conservation, and waste reduction, as specified. The bill would
delete an existing authorization for the Department of Toxic
Substances Control to create a similar program.
The bill would appropriate an unspecified amount annually to each
program from the Greenhouse Gas Reduction Fund.
This bill would establish the Green Assistance Program, to be
administered by the Secretary for Environmental Protection to, among
other things, assist small businesses and small nonprofit
organizations in applying for moneys from programs using moneys from
the fund, as specified.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both of the
following:
(a) Small businesses and small nonprofit organizations often lack
the technical expertise to develop grant and financing options.
(b) For the state to meet its air quality goals, every business
and community must have the same opportunity to compete for funding
that is available to meet those air quality goals.
SEC. 2. Section 12812.7 is added to the
Government Code , to read:
12812.7. (a) For purposes of this section, the following
definitions apply:
(1) "Fund" means the Greenhouse Gas Reduction Fund established
pursuant to Section 16428.8.
(2) "Secretary" means the Secretary for Environmental Protection.
(3) "Small business" shall have the same meaning as defined in
Section 14837.
(b) The Green Assistance Program is hereby established within the
California Environmental Protection Agency to be administered by the
secretary. The program shall do all of the following:
(1) Provide technical assistance, including assistance with the
development of competitive project proposals, to small businesses and
small nonprofit organizations applying for an allocation of moneys
from the fund.
(2) Assist small businesses in applying for funding for energy
upgrades to meet and exceed the greenhouse gas emission reductions
established pursuant to Section 38560 of the Health and Safety Code.
(3) Advise small businesses in complying with all applicable
federal, state, and local air quality laws.
(4) Identify state agencies with appropriate grant programs.
(5) Coordinate existing local programs to reduce greenhouse gas
emissions with new programs receiving moneys from the fund.
(c) Notwithstanding Section 13340, the sum of ____ million dollars
($____) is hereby appropriated annually, without regard to fiscal
years, from the fund to the secretary for purposes of the Green
Assistance Program. Notwithstanding this appropriation, the
Department of Finance may elect to fund the program instead from
moneys made available to the Affordable Housing and Sustainable
Communities Program pursuant to subparagraph (C) of paragraph (1) of
subdivision (b) of Section 39719 of the Health and Safety Code.
SEC. 3. Section 12812.8 is added to the
Government Code , to read:
12812.8. (a) The California Green Business Program is hereby
established within the California Environmental Protection Agency to
be administered by the Secretary for Environmental Protection. The
program shall provide support and assistance to green business
certification programs operated by local governments that certify
small- and medium-sized businesses that voluntarily adopt
environmentally preferable business practices, including, but not
limited to, increased energy efficiency, reduced greenhouse gas
emissions, water conservation, and waste reduction.
(b) The California Green Business Program, pursuant to subdivision
(a), may do any of the following:
(1) Assist local governments in the development and implementation
of guidelines and structures that establish and promote a level of
consistency among green business certification programs throughout
the state.
(2) Promote early adoption of environmental initiatives at
participating businesses and provide a publicly recognizable
incentive for participating businesses to make their operations more
sustainable and profitable in order to gain measurable environmental
outcomes.
(3) Develop technical guidance on greenhouse gas emissions
reduction measures, conduct industry studies and pilot projects,
establish metrics, and provide policy coordination for the green
business certification programs operated by local governments.
(4) Develop tools, templates, and outreach campaigns on behalf of
the green business certification programs operated by local
governments to encourage business participation and public
recognition of the certification as a reliable indicator of
sustainability.
(5) Support, through staffing and contacts, the funding for
on-the-ground professionals specializing in technical assistance for
small- and medium-sized businesses seeking green business
certification and for public involvement to recruit additional
participating businesses.
(6) Support, in collaboration with the Green Assistance Program
established pursuant to Section 12812.7, the provision of technical
assistance to small businesses and small nonprofit organizations to
develop project proposals for grant programs funded by the Greenhouse
Gas Reduction Fund.
(7) Provide for collaboration between the green business
certification programs operated by local governments and state
agencies that operate small business efficiency and economic
development programs, including the Governor's Office of Business and
Economic Development and the Department of Community Services and
Development, and with the Public Utilities Commission, the State
Energy Resources Conservation and Development Commission, the
Department of Water Resources, and the boards, offices, and
departments within the California Environmental Protection Agency
pursuant to Section 12812. The nature of the collaboration may
include attempting to meet and measure state-mandated conservation
efforts at small- and medium-sized businesses, developing methods to
collect, measure, and report on environmental outcomes, and using
green businesses as the early adopters of environmental initiatives
that lead to greenhouse gas emissions reductions.
(8) Maintain and enhance a common network database integrating
measurable pollution reductions and cost savings to businesses
seeking green business certification through the local government
programs and add participating businesses that receive the
certification to a directory of certified green businesses, that
would be used to promote the certified businesses both to other
businesses that are seeking to green their supply chain and to
consumers seeking to support sustainable businesses.
(9) Position certified green businesses as supply-chain partners
for state, national, and international companies seeking green
supply-chain partners.
(10) Solicit participation of additional local government programs
and facilitate the startup of new local programs, including extra
support and a specific prioritized focus on assistance for
disadvantaged communities that lack local funding and resources to
develop a program.
(11) Provide funding to local government programs for staff
support and provide additional resources and funding for direct
rebates and grants to certified green businesses.
(c) Notwithstanding Section 13340, the sum of ____ dollars ($____)
is hereby appropriated annually, without regard to fiscal years,
from the Greenhouse Gas Reduction Fund established pursuant to
Section 16428.8 to the Secretary for Environmental Protection for
purposes of the California Green Business Program. Notwithstanding
this appropriation, the Department of Finance may elect to fund the
program instead from moneys made available to the Affordable Housing
and Sustainable Communities Program pursuant to subparagraph (C) of
paragraph (1) of subdivision (b) of Section 39719 of the Health and
Safety Code. Of the amount made available to the California Green
Business Program, a minimum of 25 percent shall be used for local
government programs benefitting disadvantaged communities pursuant to
Section 39713 of the Health and Safety Code.
SEC. 4. Section 25244.17.2 of the Health
and Safety Code is amended to read:
25244.17.2. (a) (1) The
department may provide pollution prevention training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs so that they can provide technical
assistance to businesses in identifying and applying methods of
pollution prevention.
(2)
(b) The activities conducted pursuant to
paragraph (1) subdivision (a) shall emphasize
activities necessary to implement Sections 25244.17 and 25244.17.1.
(b) As part of implementing the program authorized by this
section, the department may develop a California Green Business
Program that provides support and assistance to programs operated by
local governments to meet the requirement of subdivision (c) and that
would voluntarily certify small businesses that adopt
environmentally preferable business practices, including, but not
limited to, increased energy efficiency, reduced greenhouse gas
emissions, promotion of water conservation, and reduced waste
generation. The department's California Green Business Program may do
any or all of the following:
(1) Assist the network of statewide local government programs in
implementing guidelines and structures that establish and promote a
level of consistency among green business programs across the state.
(2) Support, through staffing and contracts, the development and
maintenance of a statewide database to register small businesses
granted green business certification, or its equivalent, pursuant to
a local government program, and track measurable pollution reductions
and cost savings.
(3) Solicit participation of additional local programs and
facilitate the startup of new local programs.
(4) Develop technical guidance on pollution prevention measures,
conduct industry studies and pilot projects, and provide policy
coordination for the participating local programs.
(5) Collaborate with relevant state agencies that operate small
business efficiency and economic development programs, including, but
not limited to, the Department of Resources Recycling and Recovery,
the Public Utilities Commission, the State Energy Resources
Conservation and Development Commission, the State Air Resources
Board, and the Department of Water Resources.
(c) The department may provide support and assistance to a local
government program to enable the program to meet all of the following
requirements:
(1) The program will be operated by a local government or its
designee.
(2) The program will adopt industry-specific standards for green
business certification, or its equivalent, in consultation with the
other participants in the California Green Business Program.
(3) The program will grant a small business that voluntarily
applies to the program a green business certification or its
equivalent, only upon a determination by the program operator or
designee that the business is a small business, as determined by the
program, and complies with the industry-specific standards for green
business certification adopted pursuant to paragraph (2).
(4) The program will grant a green business certification, or its
equivalent, to small businesses, as determined by the program, in
accordance with all of the following requirements:
(A) Before the program grants green business certification or its
equivalent, the program conducts an evaluation to verify compliance
with the appropriate green business certification standards adopted
pursuant to paragraph (2).
(B) A green business certification or its equivalent is granted
only to an individual location of a small business.
(C) A green business certification or its equivalent is granted to
an individual small business only for a limited time period, and,
after the elapse of that time period, the small business is required
to reapply for that certification.
(D) Compliance with applicable federal, state, and local
environmental laws and regulations is required as a condition of
receiving a green business certification or its equivalent.
(d) The department may determine, in consultation with the
advisory committee, the most effective methods to promote
implementation of pollution prevention education programs by CUPAs,
small business development corporations, business environmental
assistance centers, and other regional and local government
environmental programs. Program elements may include, but are not
limited to, all of the following:
(1) Sponsoring workshops, conferences, technology fairs, and other
training events.
(2) Sponsoring regional training groups, such as the regional
hazardous waste reduction committees.
(3) Developing and distributing educational materials, such as
short descriptions of successful pollution prevention projects and
materials explaining how pollution prevention has been used by
businesses to achieve compliance with environmental laws enforced by
local governments.
(4) Developing site review checklists, training manuals, and
technical resource manuals and using those resources to train CUPAs,
small business development corporations, business environmental
assistance centers, and other regional and local government
environmental programs.
(5) Preparing and distributing resource lists such as lists of
vendors, consultants, or providers of financial assistance for
pollution prevention projects.
(6) Serving as an information clearinghouse to support telephone
and onsite consultants with local governments.
SEC. 2. Part 10 (commencing with Section 44480)
is added to Division 26 of the Health and Safety Code, to read:
PART 10. Green Assistance Program
44480. For purposes of this part, the following definitions
apply:
(a) "Fund" means the Greenhouse Gas Reduction Fund, established
pursuant to Section 16428.8 of the Government Code.
(b) "Secretary" means the Secretary for Environmental Protection.
44481. The Green Assistance Program is hereby established and
shall be administered by the secretary. The program shall do all of
the following:
(a) Provide technical assistance, including the development of
competitive project proposals, to small businesses and small
nonprofit organizations when applying for an allocation of moneys
from the fund.
(b) Assist small businesses in applying for funding for energy
efficiency upgrades to meet and exceed the greenhouse gas emission
reductions established pursuant to Section 38560.
(c) Advise small businesses in complying with all applicable
federal, state, and local air quality laws.
(d) Identify state agencies with appropriate grant programs.
(e) Coordinate existing local programs to reduce greenhouse gas
emissions with new programs receiving moneys from the fund.
