Bill Text: CA SB1328 | 2015-2016 | Regular Session | Enrolled
Bill Title: Water delivery projects: reduction of greenhouse gas emissions: funding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1328 Detail]
Download: California-2015-SB1328-Enrolled.html
BILL NUMBER: SB 1328 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN SENATE APRIL 25, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Lara
FEBRUARY 19, 2016
An act to add Section 10566 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1328, Lara. Water delivery projects: reduction of greenhouse
gas emissions: funding.
The Stormwater Resource Planning Act authorizes one or more public
agencies to develop a stormwater resource plan that meets specified
standards to address the capture, treatment, and storage of
stormwater, as defined, and dry weather runoff, as defined. The act
requires the State Water Resources Control Board, by July 1, 2016, to
establish guidance for these purposes.
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 requires the state board to adopt a statewide greenhouse gas
emissions limit and to adopt rules and regulations to achieve the
maximum technologically feasible and cost-effective greenhouse gas
emissions reductions, and authorizes the state board to implement a
system of market-based compliance mechanisms to reduce greenhouse gas
emissions in the state. Existing law requires that 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 be deposited in the Greenhouse Gas Reduction Fund and be
available, upon appropriation by the Legislature, for purposes
relating to the reduction of greenhouse gas emissions.
This bill would authorize the State Water Resources Control Board
to expend moneys from the fund, upon appropriation by the
Legislature, to provide grants to public agencies, nonprofit
organizations, public utilities, and mutual water companies to
implement stormwater and dry weather runoff collection and treatment,
wastewater, water recycling, and drinking water projects that are
intended to reduce greenhouse gas emissions by decreasing the demand
for fossil fuels needed to pump, transport, and deliver water to
serve water consumers, as prescribed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10566 is added to the Water Code, to read:
10566. (a) Moneys in the Greenhouse Gas Reduction Fund, created
pursuant to Section 16428.8 of the Government Code, may be used by
the board, upon appropriation by the Legislature, to provide grants
to public agencies, nonprofit organizations organized under paragraph
(3) of subsection (c) of Section 501 of Title 26 of the United
States Code, public utilities, and mutual water companies to
implement stormwater and dry weather runoff collection and treatment,
wastewater, water recycling, and drinking water projects that are
intended to reduce greenhouse gas emissions by decreasing the demand
for fossil fuels needed to pump, transport, and deliver water,
including, but not limited to, through water conveyance projects, to
serve water consumers.
(b) Eligible projects may include, but are not limited to, green
infrastructure, rainwater, stormwater, and dry weather runoff capture
projects, and stormwater treatment facilities identified as part of
a stormwater resource plan. Grant funds may be used for all phases of
planning, design, and project construction and implementation,
including feasibility studies, design development and consultations,
updating a stormwater resource plan, and related administrative
costs. To be eligible, a project shall be expected to result in a new
decrease of greenhouse gas emissions.
(c) Except as specified in subdivision (f), a grant recipient
shall provide or obtain a 50-percent match for funds received
pursuant to this section. The board may waive this requirement for a
project proposed to be located in, and that will provide benefits to,
a disadvantaged community.
(d) In accordance with subdivision (e), the board shall establish
criteria for funding projects and determining which entities shall
receive a grant, based on both of the following:
(1) Demonstration that the project will reduce greenhouse gas
emissions and the extent to which the project will yield a reduction
in greenhouse gas emissions by reducing the need for electric pumps
and other equipment used to pump, transport, and deliver water to
consumers.
(2) Geographic conditions that facilitate stormwater and dry
weather runoff collection for those projects.
(e) In awarding grants, the board shall give preference to a
project proposed to be located in, and that will provide benefits to,
a disadvantaged community or a community within one-half mile of a
channelized river.
(f) (1) The board shall provide technical assistance to grant
applicants, including, but not limited to, calculations of the
projected reductions of greenhouse gas emissions.
(2) The board may use up to 10 percent of the funds appropriated
for the purposes of this section to provide technical assistance
pursuant to this subdivision, including, but not limited to, awarding
technical assistance grants to grant recipients. A technical
assistance grant recipient is exempted from the match requirement
described in subdivision (c) for the technical assistance grant.
(g) In implementing this section, the board may use or adapt the
guidelines the board developed to implement the Storm Water Grant
Program, which is funded in accordance with the Water Quality,
Supply, and Infrastructure Improvement Act of 2014 (Division 26.7
(commencing with Section 79700)) or other previously developed and
adopted project solicitation and evaluation guidelines that comply
with the requirements of this section.
(h) The board may use up to 5 percent of the funds appropriated
for the purposes of this section for administrative costs of the
program.
(i) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to the
development or implementation of programs or projects authorized or
funded pursuant to this section.
(j) To be eligible for funding under this section, a project
proposed by a public utility that is regulated by the Public
Utilities Commission or a mutual water company shall have a clear and
definite public purpose and shall benefit the customers of the water
system and, in the case of a public utility, not the investors.
(k) For purposes of this section, the following terms have the
following meanings:
(1) "Disadvantaged community" means a community identified
pursuant to Section 39711 of the Health and Safety Code.
(2) "Public agency" means a state agency or department, special
district, joint powers authority, city, county, city and county, or
other political subdivision of the state.
