Bill Text: CA AB2776 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2776

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

Bill Title: Recovery from disaster or emergency: funding priority.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB2776 Detail]

Download: California-2023-AB2776-Amended.html

Amended IN Assembly April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2776

Introduced by Assembly Members Rodriguez and Gallagher

February 15, 2024

An act to add Part 7 (commencing with Section 75270) to Division 44 of the Public Resources Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

AB 2776, as amended, Rodriguez. ~~State Government:~~ Recovery from major federal disasters: funding priority.

Existing law, the California Emergency Services Act, among other things, creates the Office of Emergency Services (OES), which is responsible for the state’s emergency and disaster response services, as specified. Existing law establishes the Office of Planning and Research (OPR) within the Governor’s office to provide long-range planning and research and to serve as the comprehensive state planning agency. Existing law establishes the Strategic Growth Council (council) and requires the council to administer various programs that support the planning and development of sustainable communities, including, the Regional Climate Collaborative Program, the Affordable Housing and Sustainable Communities Program, the Transformative Climate Communities Program, and the Community Resilience Center Program.

Existing law, 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 in its regulation of those emissions 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. Existing law continuously appropriates 20% of the annual proceeds of the fund to the council for the Affordable Housing and Sustainable Communities Program, as provided. Under its authority, the council established the Sustainable Agricultural Lands Conservation Program as a component of the Affordable Housing and Sustainable Communities Program to provide incentives for conservation of agricultural lands.

This bill would ~~require~~ authorize the OES, the OPR, and the council to prioritize infrastructure and housing recovery projects in communities that suffered a loss in population and businesses due to a major federal disaster and have unmet recovery needs as a result of a major federal ~~disaster.~~ disaster under specified programs, including, among others, the Affordable Housing and Sustainable Communities Program and the federal Building Resilient Infrastructure and Communities program. The bill would ~~require~~ also authorize the OES, the ~~OPR~~ OPR, and the council to prioritize funding to communities recovering from major federal disasters under those same specified ~~programs, including, the Affordable Housing and Sustainable Communities Program and the Sustainable Agricultural Lands Conservation Program.~~ programs.

Existing law establishes the Department of Finance, under the control of the Director of Finance, and vested with general powers of supervision over all matters concerning the financial and business policies of the state.
Existing law, under the Budget Act of 2023, appropriates $40,000,000 for the transfer, upon approval by the Director of Finance, to augment any other General Fund item of appropriation that is made under the Budget Act of 2023 to an agency, department, board, commission, or other state entity. Existing law authorizes the transfer to be made to fund unanticipated expenses to be incurred for the 2023–24 fiscal year under an existing program, as defined, that is funded by that item of appropriation, but only in a case of actual necessity as determined by the Director of Finance, subject to certain requirements, including that the Director of Finance is only authorized to approve a transfer under this item for an emergency expense, if the approval is set forth in a written notification that is filed, as specified. For purposes of this item, existing law defines “emergency expense” to mean an expense incurred in response to conditions of disaster or extreme peril that threaten the immediate health or safety of persons or property in this state.
This bill would provide that “emergency expense” includes disaster recovery projects, including, but not limited to, housing, defensible space due to the Camp Fire, the 2023 winter storms, and other federally declared disasters.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Part 7 (commencing with Section 75270) is added to Division 44 of the Public Resources Code, to read:

PART 7. Communities Recovering from Major Federal Disasters

75270.

(a) The Office of Emergency Services, the Office of Planning and Research, and the Strategic Growth Council ~~shall~~ may prioritize infrastructure and housing recovery projects in communities that meet both of the following ~~requirements:~~ requirements under all of the programs listed in subdivisions (b) and (c):

(1) Suffered a loss in population and businesses due to a major federal disaster.

(2) Have unmet recovery needs as a result of a major federal disaster.

(b) The Office of Planning and Research and the Strategic Growth Council ~~shall~~ may prioritize funding and technical assistance to communities recovering from major federal disasters under all of the following programs:

(1) The Regional Climate Collaborative Program (Part 3.6 (commencing with Section 71130) of Division 34).

(2) The Affordable Housing and Sustainable Communities Program (Chapter 2 (commencing with Section 75210) of Part 1), including the Tribal Capacity Building Pilot Program funded through the Affordable Housing and Sustainable Communities Program.

(3) The Transformative Climate Communities Program (Part 4 (commencing with Section 75240)).

(4) The Community Resilience Center Program (Part 5 (commencing with Section 75250)).

(5) The Climate Change Research Program (Provision 2 of Item 0650-001-3228 of Section 2.00 of the Budget Act of 2019).

(6) The Sustainable Agricultural Lands Conservation Program (Item 3480-102-0001 of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022)).

(c)Of the amounts appropriated in Item 9840-001-0001 of the Budget Act of 2023, emergency expense as the term is defined under that item, includes disaster recovery projects, including, but not limited to, housing, defensible space due to the Camp Fire, the 2023 winter storms, and other federally declared disasters.
(c) The Office of Emergency Services may prioritize funding and technical assistance to communities recovering from major federal disasters under all of the following programs:
(1) The federal Hazard Mitigation Grant Program (42 U.S.C. Sec. 5170c).
(2) The federal Building Resilient Infrastructure and Communities program (42 U.S.C. Sec. 5133).
(3) The California Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2 of the Government Code).