Bill Text: CA AB398 | 2017-2018 | Regular Session | Amended

California Assembly Bill 398 (Prior Session Legislation)

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

Bill Title: California Global Warming Solutions Act of 2006: market-based compliance mechanisms: fire prevention fees: sales and use tax manufacturing exemption.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2017-07-25 - Chaptered by Secretary of State - Chapter 135, Statutes of 2017. [AB398 Detail]

Download: California-2017-AB398-Amended.html

Amended IN Assembly April 17, 2017

Amended IN Assembly March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 398

Introduced by Assembly Members Eduardo Garcia, Burke, Eggman, Gomez, and Maienschein
(Coauthors: Assembly Members Chu and Salas)

February 09, 2017

An act to amend Section 39720 of, and to add Sections 39518 and 39619.10 to, the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 398, as amended, Eduardo Garcia. Air pollution.

Existing law establishes the State Air Resources Board, air quality management districts, and air pollution control districts to address the emissions of air pollution. Existing law designates the air districts with the primary responsibility for the control of air pollution from sources other than mobile sources. Existing law designated the state board with the primary responsibility for the control of air pollution from mobile sources.

This bill would require the state board to appoint a dedicated ombudsman to respond to requests for data and analyses that are not readily available to the public and would require those requests to be processed in a timely manner.

This bill would require the state board to hold annually one or more hearings in conjunction, singularly or in combination, with ~~one or more~~ specified air districts. ~~By requiring the state board and the air districts to jointly hold hearings, this bill would impose additional duties on the air districts, thereby would impose a state-mandated local program.~~ The bill would require the state board and all of the districts to coordinate efforts to share data on the emissions of air pollution, including the emissions of greenhouse gases. The bill would require the state board to appoint a dedicated ombudsman to respond to requests for data and analyses that are not readily available to the public and would require those requests to be processed in a timely manner. By adding to the duties of air districts, this bill would impose a state-mandated local program.

The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for 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 from a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the Department of Finance to annually submit a report to the appropriate committees of the Legislature on the status of the projects funded with moneys from the fund.

This bill would require the department to include additional information in its annual report to the Legislature, including, among other things, the greenhouse gas emissions reductions attributable to each project and the geographic location, industry sector, and number of employees of the business entities, as defined, receiving moneys from the fund. The bill would require state agencies expending moneys from the fund to condition the acceptance of those moneys on the recipient providing information necessary to meet the reporting requirements.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

SECTION 1.

Section 39518 is added to the Health and Safety Code, to read:

39518.

(a) The state board shall appoint a dedicated ombudsman to respond to requests for data and analyses that are not readily available to the public.

(b) The state board shall process requests for data and analyses in a timely manner.

SEC. 2.

Section 39619.10 is added to the Health and Safety Code, to read:

39619.10.

(a) The state board shall annually hold one or more public hearings in conjunction, singularly or in combination, with all of the following districts:

(1) The bay district.

(2) The south coast district.

(3) The Imperial Valley Air Pollution Control District.

(4) The Sacramento district.

(5) The San Joaquin Valley Unified Air Pollution Control District.

(b) The state board and all of the districts shall coordinate efforts to share data on the emissions of air pollution, including the emissions of greenhouse gases.

SEC. 3.

Section 39720 of the Health and Safety Code is amended to read:

39720.

(a) Notwithstanding Section 10231.5 of the Government Code, the Department of Finance shall submit an annual report to the appropriate committees of the Legislature on the status of projects funded pursuant to this part and their outcomes.

(b) (1) The report, at a minimum, shall include all of the following:

(A) The greenhouse gas emissions reductions attributable to each project.

(B) The environmental and public health benefits, as applicable, attributable to each project.

(C) Actions and outcomes from those actions taken to assist residents of disadvantaged communities, as identified pursuant to Section 39711, and other target populations with the business, employment, and training opportunities offered through activities funded in whole or in part with moneys from the fund.

(D) The geographic location, industry sector, and number of employees of the business entities receiving moneys from the fund.

(E) The number of jobs created, including wage levels, by the business entities receiving moneys from the fund. Wage levels shall be reported in ranges determined by the state board in consultation with the California Environmental Protection Agency.

(F) The amount of other public or private moneys leveraged with investments from the fund.

(2) The California Workforce Development Board and the Governor’s Office of Business and Economic Development may identify the other target populations referenced in subparagraph (C) of paragraph (1).

(3) Subparagraphs (D) and (E) of paragraph (1) shall apply only to investments made after February 1, 2018.

(c) State agencies expending moneys pursuant to this chapter shall condition the acceptance of those moneys on the recipient providing the information necessary to meet the reporting requirements of this section. Program data received for the purposes of meeting the requirements of this section shall be available to the public and may be provided separately from the report.

(d) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(e) The Secretary for Environmental Protection shall post a link to the report on the state’s primary climate change and Greenhouse Gas Reduction Fund Internet Web site, as determined by the secretary.

(f) For purposes of this section, the following definitions apply:

(1) “Business entity” means any firm operating in the state as a nonprofit, sole proprietorship, general partnership, limited partnership, limited liability partnership, limited liability company, or corporation.

(2) “Target populations” means communities and groups of individuals that experience high levels of unemployment or poverty.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.