Bill Text: CA SB306 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Climate change: Equitable Building Decarbonization Program: Extreme Heat Action Plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 387, Statutes of 2023. [SB306 Detail]

Download: California-2023-SB306-Amended.html

Amended  IN  Assembly  September 07, 2023
Amended  IN  Assembly  September 01, 2023
Amended  IN  Senate  May 18, 2023
Amended  IN  Senate  April 27, 2023
Amended  IN  Senate  April 18, 2023
Amended  IN  Senate  March 30, 2023
Amended  IN  Senate  March 07, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 306


Introduced by Senator Caballero

February 02, 2023


An act to amend Section 25665.3 of, and to add Section 71361 to, and to add and repeal Section 25665.7 of, the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


SB 306, as amended, Caballero. Climate change: Equitable Building Decarbonization Program: Extreme Heat Action Plan.
Existing law requires the State Energy Resources Conservation and Development Commission to establish the Equitable Building Decarbonization Program, which includes establishing a statewide incentive program for low-carbon building technologies and the direct install program to fund certain projects, including installation of energy efficient electric appliances, energy efficiency measures, demand flexibility measures, wiring and panel upgrades, building infrastructure upgrades, efficient air-conditioning systems, ceiling fans, and other measures to protect against extreme heat, where appropriate, and remediation and safety measures to facilitate the installation of new technologies. Existing law authorizes the commission to administer the direct install program through regional direct install third-party implementers, as specified. Existing law requires that the direct install program give preference to projects in buildings that meet specified criteria. The Budget Act of 2022 appropriated $112,000,000 from the General Fund for purposes of the Equitable Building Decarbonization Program.
This bill would, among other things, expressly require the commission, for purposes of the direct install program, to award grants through the program and also give preference to projects in buildings in specified regions of the state, as specified. The bill would require the commission, on or before September 1, 2024, and annually thereafter until the moneys described above have been expended, to submit a report to the relevant policy committees of the Legislature that includes information about the progress of the direct install program, including the selected administrators and implementers and implementation progress, as specified.
Existing law establishes the Office of Planning and Research in state government in the Governor’s office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP) to be administered by the office to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. The Budget Act of 2022 appropriated $50,000,000 for state operations or local assistance for the ICARP Extreme Heat and Community Resilience Grant Program.
This bill would require the office and the Natural Resources Agency, on or before July 1, 2026, and every 3 years thereafter, in consultation with relevant state agencies, to update the Extreme Heat Action Plan, as defined, to promote comprehensive, coordinated, and effective state and local government action on extreme heat, as provided. The bill would require the Extreme Heat Action Plan and subsequent updates to be posted on the office’s and agency’s internet websites and provided to the relevant fiscal and policy committees of the Legislature.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 25665.3 of the Public Resources Code is amended to read:
25665.3.

(a)Using moneys appropriated in Items 3360-002-0001 and 3360-102-0001 of Section 2.00 of the Budget Act of 2022, as amended by Chapter 249 of the Statutes of 2022, for the Equitable Building Decarbonization Program, the commission shall establish and administer, directly or through one or more third-party implementers, the direct install program to award grants consistent with this section.

(b)Low- to moderate-income residents are eligible for grants through the direct install program.

(c)Participation in the direct install program shall be at minimal or no cost for low- to moderate-income residents.

(d)In awarding grants, the commission shall give preference to applications where the building that would benefit from the grant meets one or more of the following criteria:

(1)The building is located in an underresourced community.

(2)The building is owned or managed by a California Native American tribe or a California tribal organization.

(3)The building is located in a region where residents are disproportionately vulnerable to climate impacts or disruptions, including, but not limited to, extreme heat, wildfires, or poor air quality.

(e)The commission may administer the direct install program through regional direct install third-party implementers selected through a competitive solicitation process. In selecting those third-party implementers, the commission shall prioritize applications from entities that include at least one community-based organization in order to ensure for the provision of culturally appropriate outreach, education, and support to households participating in the direct install program, and from entities that employ workers from local communities.

(f)The direct install program shall reduce the emissions of greenhouse gases, and shall encourage, where feasible, resiliency to extreme heat, indoor air quality improvements, energy affordability, and grid reliability support, taking into consideration the health, safety, and comfort of the residents eligible under the program.

(g)Projects eligible to be funded by grants awarded through the direct install program include installation of energy efficient electric appliances, energy efficiency measures, demand flexibility measures, wiring and panel upgrades, building infrastructure upgrades, efficient air-conditioning systems, ceiling fans, and other measures to protect against extreme heat, where appropriate, and remediation and safety measures to facilitate the installation of new technologies.

(h)The direct install program may include tenant protections for participating rental properties. These protections may include requiring the consent of tenants impacted by the work, tenant education provided by community-based organizations, protections against short-term and long-term displacement, and limits on increases in rent after completion of a project funded pursuant to the direct install program.

(i)Projects funded pursuant to the direct install program shall be performed by workers paid prevailing wage where possible and when applicable.

(j)To the extent possible, the commission may allow for the leveraging of complementary programs to maximize potential benefits for an eligible resident, but those monetary benefits, when combined, shall not exceed the total cost of the project.

(k)The commission may establish additional project and eligibility guidelines for purposes of the direct install program.

(l)Notwithstanding Section 10231.5 of the Government Code, on or before September 1, 2024, and annually thereafter until all moneys identified in subdivision (a) have been expended, the commission shall submit a report to the relevant policy committees of the Legislature that includes information about the progress of the direct install program, including the selected administrators and implementers and implementation progress, including, but not limited to, the number of residents and buildings provided low- and zero-cost projects, the number of each project type implemented, the estimated reductions of the emissions of greenhouse gases, and the locational distribution of the expenditures by county and region.

SECTION 1.

 Section 25665.7 is added to the Public Resources Code, to read:

25665.7.
 (a) Notwithstanding Section 10231.5 of the Government Code, on or before September 1, 2024, and annually thereafter until all moneys appropriated in Items 3360-002-0001 and 3360-102-0001 of Section 2.00 of the Budget Act of 2022, as amended by Chapter 249 of the Statutes of 2022, for the Equitable Building Decarbonization Program have been expended, the commission shall submit a report to the relevant policy committees of the Legislature that includes information about the progress of the direct install program, including the selected administrators and implementers and implementation progress, including, but not limited to, the number of residents and buildings provided low- and zero-cost projects, the number of each project type implemented, the estimated reductions of the emissions of greenhouse gases, and the locational distribution of the expenditures by county and region.
(b) (1) Upon the complete expenditure of all moneys described in subdivision (a), the commission shall notify the Secretary of State contemporaneously with the submission of the report required by subdivision (a) that includes information regarding the last expended moneys.
(2) This section shall become inoperative on the date the commission notifies the Secretary of State pursuant to paragraph (1) and is repealed on January 1 of the following year.

SEC. 2.

 Section 71361 is added to the Public Resources Code, immediately following Section 71360, to read:

71361.
 (a) On or before July 1, 2026, and every three years thereafter, the office and the Natural Resources Agency, in consultation with relevant state agencies and to be integrated into the climate adaptation strategy developed pursuant to Section 71153, shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on extreme heat. Updates to the Extreme Heat Action Plan shall include all of the following:
(1) (A)Review of relevant actions and grants that state agencies have undertaken to mitigate extreme heat and implement the Extreme Heat Action Plan, including, but not limited to, an in-depth review of select programs and actions, including, but not limited to, the ICARP Extreme Heat and Community Resilience Grant Program, as described in Item 0650-101-0001 of the Budget Act of 2022, projects that use cool and reflective surfaces, and efforts to address extreme heat on California’s school campuses.

(B)The submission of the annual report required pursuant to Item 0650-101-0001 of Section 2.00 of the Budget Act of 2023 shall be considered an in-depth review of select programs and actions for purposes of this paragraph.

(2) A description of the resources, budget allocations, expenditures, and staff dedicated to addressing extreme heat.
(3) A review of state programs that address extreme heat to identify potential gaps or unmet needs in the state’s approach and that includes recommendations on ways to improve policies, programs, and interagency coordination.

(4)A description of the office’s and the Natural Resources Agency’s engagement with the advisory council, established pursuant to Section 71358, on addressing extreme heat, including, but not limited to, any recommendations on ways to improve the advisory council’s role advising on the implementation of the Extreme Heat Action Plan and any additional strategies to implement community cooling.

(5)

(4) Recommendations on additional measures to protect vulnerable populations, such as pupils and students, from the impacts of extreme heat. heat, including, but not limited to, community cooling strategies.

(6)(A)A description of how the independent, external research entity’s findings in the final report submitted pursuant to Item 0650-101-0001 of Section 2.00 of the Budget Act of 2023 might impact state and local governments’ actions on extreme heat.

(B)This paragraph’s requirements shall apply to only the update to the Extreme Heat Action Plan that occurs after the final report has been submitted.

(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the office’s and the Natural Resources Agency’s internet websites and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.
(c) For purposes of this section, “Extreme Heat Action Plan” means the April 2022 plan entitled “Protecting Californians From Extreme Heat: A State Action Plan to Build Community Resilience.”

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