Amended  IN  Senate  June 05, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 639

Introduced by Assembly Member Cervantes

February 15, 2019

An act to add and repeal Section 12893.1 of the Government Code, and to amend Section 38561 of the Health and Safety Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


AB 639, as amended, Cervantes. Commission on Task Force on Addressing Workforce Impacts of Transitioning Seaports to a Lower Carbon Economy: scoping plan.
(1) Existing law requires specified state agencies to prepare and submit to the Secretary for Environmental Protection specified information for inclusion in an annual greenhouse gas emission reduction report card, as specified.
This bill, until January 1, 2025, would create the Commission on Task Force on Addressing Workforce Impacts of Transitioning Seaports to a Lower Carbon Economy with a specified membership in the California Environmental Protection Agency. The bill would require the commission task force to advise state agencies on the most effective ways to expend clean energy and greenhouse gas moneys and to implement policies and programs to mitigate the impacts of transitioning seaport operations to low- and zero-emission operations, operations on incumbent workers, as specified. The bill would require the commission task force to provide an annual update to the Governor and the appropriate policy and fiscal committees of the Legislature on its activities.
(2) The California Global Warming Solutions Act of 2006 designates the state board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030.
The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.
This bill would require the state board, when updating the scoping plan, to consider the impact impacts on employment of policies, programs, and regulations adopted or implemented to meet statewide greenhouse gas emissions reduction goals and to identify and recommend actions to mitigate the negative impacts on incumbent workers. workers who may become stranded as carbon-intensive industries are phased out or severely limited.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that the transition to a lower carbon economy be undertaken through inclusive economic policies and that those workers and communities who find themselves “stranded” by the phasing out of carbon-intensive industries are supported with training and new employment opportunities.

SECTION 1.SEC. 2.

 Section 12893.1 is added to the Government Code, to read:

12893.1.
 (a) The Commission on Task Force on Addressing Workforce Impacts of Transitioning Seaports to a Lower Carbon Economy is hereby created in the agency.
(b) (1) The commission task force shall consist of the following members:
(A) Seven members appointed by the Governor and subject to confirmation by the Senate.
(i) At least four members of the commission task force appointed by the Governor shall be a member or an employee of a union or guild related to the operations of state seaports. seaports or another industry impacted by the implementation of the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15.
(ii) At least two members of the commission task force appointed by the Governor shall have experience working on economic projects in disadvantaged communities.
(B) One member appointed by the Speaker of the Assembly.
(C) One member appointed by the Senate Committee on Rules.
(2) Commission Task force members shall have expertise in economic, financial, or policy aspects of economic development, labor representation, job creation, and or workforce development.
(3) Each member shall be appointed to a term of four three years. A member who fails to attend three commission two task force meetings in one calendar year shall be deemed removed from the commission, task force, and the appointing power for that member shall appoint a new member to fill the vacancy.
(4) Commission Task force members shall not receive per diem or other similar compensation for serving as a commission task force member, but may receive reimbursement for actual expenses incurred in connection with the performance of their duties.
(c) The commission task force shall hold its first meeting on or before March 1, 2020. Meetings shall be held quarterly or at a frequency deemed appropriate by the members. Members may attend a meeting either in person or by teleconference or internet conference.
(d) (1) The commission task force shall advise state agencies on the most effective ways to expend clean energy and greenhouse gas moneys and to implement policies and programs to mitigate the impacts of transitioning seaport operations to low- and zero-emission operations. operations on incumbent workers. The commission task force also shall do all of the following:
(A) Develop Monitor and advise on the development of guidance for reviewing existing positions at state seaports, seaports and other facilities and businesses impacted by the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15, including those individuals employed in public and private sector organizations, to identify at least equivalent occupations for which the individual is currently qualified or could be trained within six months to a year. year to be qualified.
(B) Develop Monitor and advise on the development of guidance for workforce boards to undertake individual skill set assessments for individuals who may face employment impacts as a result of the state’s transition to a lower carbon economy. economy, including the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15. This includes indirect and direct employment impacts.
(C) Develop Monitor and advise on the development of guidance for tracking and reporting training and jobs outcomes for state clean energy and low-carbon economy transition investments and use this information to evaluate jobs outcomes. the state’s progress in addressing the needs of incumbent workers who may be stranded as the state transitions to a low- and zero-emission freight movement system.
(D) Advise state agencies on the most effective ways to align state clean energy and low-carbon training moneys with existing state workforce development investments and strategies to support the individuals who may face the impacts of transitioning to a lower-carbon lower carbon economy, including employees at seaports.
(2) The commission task force shall consult with the Labor and Workforce Development Agency and the California Workforce Development Board, when appropriate, in implementing this subdivision. The agency may assign or refer responsibilities to other relevant state agencies, but shall retain the ultimate responsibility for implementing this section and supporting the task force.
(3) For purposes of this subdivision, “state agency” means any board, commission, department, or other agency of the state.
(e) The commission task force shall provide an annual update to the Governor and the appropriate policy and fiscal committees of the Legislature on its activities.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 2.SEC. 3.

 Section 38561 of the Health and Safety Code is amended to read:

38561.
 (a) On or before January 1, 2009, the state board shall prepare and approve a scoping plan, as that term is understood by the state board, for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 under this division. The state board shall consult with all state agencies with jurisdiction over sources of greenhouse gases, including the Public Utilities Commission and the State Energy Resources Conservation and Development Commission, on all elements of its plan that pertain to energy-related matters including, but not limited to, electrical generation, load based-standards load-based standards or requirements, the provision of reliable and affordable electrical service, petroleum refining, and statewide fuel supplies to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the state board are complementary, nonduplicative, and can be implemented in an efficient and cost-effective manner.
(b) The plan shall identify and make recommendations on direct emissions reduction measures, alternative compliance mechanisms, market-based compliance mechanisms, and potential monetary and nonmonetary incentives for sources and categories of sources that the state board finds are necessary or desirable to facilitate the achievement of the maximum feasible and cost-effective reductions of greenhouse gas emissions by 2020.
(c) In making the determinations required by subdivision (b), the state board shall consider all relevant information pertaining to greenhouse gas emissions reduction programs in other states, localities, and nations, including the northeastern states of the United States, Canada, and the European Union.
(d) The state board shall evaluate the total potential costs and total potential economic and noneconomic benefits of the plan for reducing greenhouse gases to California’s economy, environment, and public health, using the best available economic models, emission estimation techniques, and other scientific methods.
(e) (1) In developing its plan, the state board shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions, and the potential for adverse effects on small businesses, and shall recommend a de minimis threshold of greenhouse gas emissions below which emissions reduction requirements will not apply.
(2) Beginning with the next update to the plan after January 1, 2020, the state board shall do both of the following:
(A) Consider the impact impacts on employment, including direct and indirect, of policies, programs, and regulations adopted or implemented to meet statewide greenhouse gas emissions reduction goals.
(B) Identify and recommend actions to mitigate the negative impacts on incumbent workers, workers who may become stranded as carbon-intensive industries are phased out or severely limited, including, but not limited to, programs that train incumbent workers for employment opportunities, paying at least equal pay, in the same industry sector and related sectors following a technology upgrade related to the reduction of greenhouse gas emissions.
(f) In developing its plan, the state board shall identify opportunities for emissions reduction measures from all verifiable and enforceable voluntary actions, including, but not limited to, carbon sequestration projects and best management practices.
(g) The state board shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The state board shall conduct a portion of these workshops in regions of the state that have the most significant exposure to air pollutants, including, but not limited to, communities with minority populations, communities with low-income populations, or both.
(h) The state board shall update its plan for achieving the maximum technologically feasible and cost-effective reductions of greenhouse gas emissions at least once every five years.