Bill Text: CA AB943 | 2021-2022 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: competitive grant programs: funding objectives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB943 Detail]
Download: California-2021-AB943-Amended.html
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Amended
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Assembly
January 12, 2022 |
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Amended
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January 03, 2022 |
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Amended
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March 11, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 943
| Introduced by Assembly Member Eduardo Garcia |
February 17, 2021 |
An act to add Sections 16428.87 and 16428.88 to the Government Code, and to amend Sections 39712 and 39720 of the Health and Safety Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
AB 943, as amended, Eduardo Garcia.
California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: competitive grant programs: funding objectives.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms in regulating these sources. 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 and to be available upon appropriation by the Legislature. Existing law requires the moneys from the fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and, where applicable and to the extent feasible, to maximize economic, environmental, and public health benefits to the state, among other
goals.
This bill, beginning July 1, 2023, would require state agencies administering competitive grant programs that allocate moneys from the fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality, to include provide for a specified application timeline, and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications.
This bill, for competitive grant programs that involve housing, urban forestry, urban greening, or planning and that allocate moneys from the fund after July 1, 2023, would require state agencies administering those moneys from the fund to develop at least 3
categories for applications based on the population and density of the communities in which the proposed project is to be located and to develop scoring criteria for each category, as specified. category.
This bill would additionally require the moneys in the fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and, where applicable and to the extent feasible, to increase water supply resilience; reduce or prevent increases in transportation, energy, or fuel costs, particularly in disadvantaged communities; accelerate the development and implementation of low-carbon technology; reduce vehicle miles traveled; promote zoning and development activities that increase public access to essential services or amenities; promote partnerships between multiple jurisdictions; promote climate change adaptation capacity; and improve community access to green space.
promote climate adaptation, accelerate the development of low-carbon technology and reduce vehicle miles traveled, and promote partnerships between jurisdictions and public agencies, Native American tribes in the state, nonprofits, and other community institutions, among other objectives.
This bill also would require the Department of Finance to include in an annual report to the Legislature specified information on the applications received for each grant program allocating moneys from the fund.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) It is important for the state to prioritize climate investments in areas of most need, or where there is the most opportunity for cobenefits, and to continuously monitor and evaluate the state’s spending to ensure it is reaching the intended targets.
(b) Specifically for the California-Mexico border region, where an average of more than 197,000 individuals cross into the Counties of Imperial and San Diego each day and air pollution from Mexico poses significant threats to public health, there needs to be special adjustments
to ensure that the region can achieve its emissions reduction goals.
SEC. 2.
Section 16428.87 is added to the Government Code, to read:16428.87.
Beginning July 1, 2023, state agencies administering competitive grant programs that allocate moneys from the fund shall ensure all of the following:(a) Communities identified for community emissions reduction programs pursuant to Section 44391.2 of the Health and Safety Code are given preferential points during grant application scoring for grant programs intended to improve air quality.
(b) There are at least three months between the first call for applications or proposals for projects to be funded and the due date of the proposal.
(c) (1) Applicants from the Counties of Imperial and San Diego are allowed to include daytime population numbers in grant applications.
(2) Daytime population estimates shall be based on the best available estimates of daily northbound border crossings and shall not include residents of the state.
SEC. 3.
Section 16428.88 is added to the Government Code, to read:16428.88.
(a) (1) For competitive grant programs that involve housing, urban forestry, urban greening, or planning and that allocate moneys from the fund after July 1, 2023, state agencies administering those moneys shall develop at least three categories for applications based on the population and density of the communities in which the proposed project is to be located.(2) In developing the categories pursuant to this subdivision, the administering state agencies shall develop scoring criteria for each category. The scoring criteria shall take into account the possible impacts a project will have based on the population and density of the communities in which that project is proposed to be
located.
(b) Nothing in this section shall be interpreted as requiring a state agency administering a grant program receiving moneys from the fund to fund grant applications from all of the three categories developed pursuant to subdivision (a).
(c) It is the intent of the Legislature in enacting this section that a state agency administering a grant program receiving moneys from the fund take into account the differences that exist between urban, suburban, and rural communities when reviewing applications for projects in order to ensure that all communities in the state have a reasonable chance of being awarded a grant.
SEC. 4.
Section 39712 of the Health and Safety Code39712.
(a) (1) It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.(2) The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and is consistent with law. If any expenditure of
moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected.
(3) An eligible expenditure of moneys appropriated to the Department of Community Services and Development may occur over multiple fiscal years and the department may make multiyear funding commitments over a period of more than one fiscal year.
(b) Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and, where applicable and to the extent feasible, shall:
(1) Maximize economic, environmental, and public health benefits to the state.
(2) Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by state California workers and businesses.
(3) Complement efforts to improve air and water quality.
(4) Direct investment toward the most disadvantaged communities, as identified pursuant to Section 39711, and disadvantaged households in the state.
(5) Provide opportunities for businesses, public agencies, Native American tribes in the state, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions.
(6) Lessen the impacts and effects of climate change on the state’s communities, economy, and environment.
(7)Increase water supply resilience.
(8)Reduce or prevent increases in transportation, energy, or fuel costs, particularly in disadvantaged communities, as identified pursuant to Section 39711.
(9)Accelerate the development and implementation of low-carbon technology.
(10)Reduce vehicle miles traveled.
(11)Promote zoning and development activities that increase public access to essential services or amenities.
(12)Promote partnerships between multiple jurisdictions.
(13)Promote climate change adaptation capacity, including, but not limited to, efforts that address any of the following:
(A)Higher average temperatures.
(B)Decreased air and water quality.
(C)The spread of infectious and vector-borne diseases or other public health impacts.
(D)Extreme weather events.
(E)Sea level rise.
(F)Flooding.
(G)Heat waves.
(H)Wildfires.
(I)Drought.
(14)Improve community access to green space.
(7) Promote climate adaptation, including, but not limited to, water supply resilience, preparing for sea level rise, and mitigating the impacts of extreme weather events.
(8) Accelerate the development of low-carbon technology and reduce vehicle miles traveled.
(9) Promote partnerships between jurisdictions and public agencies, Native American tribes in the state, nonprofits, and other community institutions.
(c) Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following:
(1) Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities.
(2) Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation.
(3) Funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.
(4) Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing.
(5) Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse.
(6) Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, Native American tribes in the state, and nonprofit organizations coordinating with local governments.
(7) Funding research, development, and deployment
of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter.
(d) Moneys directed to grant, loan, voucher, or other incentive programs shall be conditioned on the requirements of Chapter 3.6 (commencing with Section 39680), as applicable.
SEC. 5.
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 on or before March 1 of each year to the appropriate committees of the Legislature on all of the following:(1) The status of projects funded pursuant to this part chapter and their outcomes.
(2) The applications received for each grant program allocating moneys from the fund, including, but not limited to, all of the following
information:
(A) Locations of projects proposed.
(B) Amount of moneys requested for each project.
(C) Names of lead applicants.
(D) Whether the projects were funded in whole or in part with moneys from the fund.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
