Bill Text: CA SB495 | 2021-2022 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006: scoping plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-09-23 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB495 Detail]
Download: California-2021-SB495-Amended.html
|
Amended
IN
Senate
April 20, 2021 |
|
Amended
IN
Senate
March 05, 2021 |
| Introduced by Senator Dahle |
February 17, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
(1)The
(2)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 as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project.
This bill would continuously appropriate 25% of the annual proceeds of the fund to counties, with an equal percentage to each county. The bill would require
counties, within 60 days of receiving an appropriation from the fund, to develop a plan to allocate the moneys, as specified. The bill would require counties to post the allocation plan on their internet websites in real time and would require the California State Auditor’s Office to conduct an annual audit of each county. The bill would require the Department of Finance to redistribute any moneys that are unencumbered within 2 years of the appropriation in an equal percentage to those counties that have fully encumbered moneys within 2 years of receiving the appropriation. By adding to the duties of local governments, this bill would impose a state-mandated local program.
(3)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.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
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 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.(a)The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.
(b)To carry out a portion of the requirements of subdivision (a), the annual proceeds of the fund are continuously appropriated for the following:
(1)Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of the annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:
(A)Ten
percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(B)Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C)Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities
Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds of the fund shall be expended for affordable housing, consistent with the provisions of that program.
(2)Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A)Acquisition and construction costs of the project.
(B)Environmental review and design costs of the project.
(C)Other capital costs of the project.
(D)Repayment of any loans made to the authority to fund the project.
(3)(A)Beginning in the 2020–21 fiscal year, and until June 30, 2030, 5 percent of the annual proceeds of the fund, up to the sum of one hundred thirty million dollars ($130,000,000), is hereby annually transferred to the Safe and Affordable Drinking Water Fund established pursuant to Section 116766 for the purposes of Chapter 4.6 (commencing with Section 116765) of Part 12 of Division 104.
(B)Moneys transferred under this paragraph shall be used for the purpose of facilitating the achievement of reductions of greenhouse gas emissions in this state in accordance with the requirements of Section 39712 or to improve climate
change adaptation and resiliency of disadvantaged communities or low-income households or communities, consistent with Division 25.5 (commencing with Section 38500). For purposes of the moneys transferred under this paragraph, a state agency may also comply with the requirements of paragraphs (2) and (3) of subdivision (a) of Section 16428.9 of the Government Code by describing how each proposed expenditure will improve climate change adaptation and resiliency of disadvantaged communities or low-income households or communities.
(c)In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included.
(d)(1)Beginning with the 2022–23 fiscal year, 25 percent of the annual proceeds of the fund are hereby continuously
appropriated, without regard to fiscal year, in an equal percentage to each of the 58 counties in the state for the purpose of reducing greenhouse gas emissions.
(2)Within 60 days of receiving an appropriation from the fund pursuant to this subdivision, a county shall develop a plan to allocate the moneys to all of the following:
(A)The hardening of the electric utility infrastructure in critical areas, including, but not limited to, recent fire areas, aging or exposed electric utility infrastructure, and high-risk zones included on fire hazard severity zone maps developed by the Public Utilities Commission or the Department of Forestry and Fire Protection.
(B)The mitigation and management of wildlands and forests located in fire hazard severity zones or areas recently devastated by fire.
(C)(i)Other related environmental issues to mitigate or reduce the impact of greenhouse gas emissions.
(ii)No more than 25 percent of a county’s appropriation from the fund shall be allocated for the purposes of this subparagraph.
(3)For any moneys that are unencumbered within two years of the county receiving the appropriation pursuant to this subdivision, the Department of Finance shall redistribute those moneys in an equal percentage to those counties that have fully encumbered moneys within two years of receiving the appropriation.
(4)For the purposes of this subdivision, a county shall do all of the following:
(A)Comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(B)Post the plan on the county’s internet website in real time.
(5)The California State Auditor’s Office shall conduct an annual audit of each county to ensure conformity with the requirements of this subdivision.
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.
