Bill Text: CA SB506 | 2015-2016 | Regular Session | Amended

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Bill Title: Economic development: military and aerospace.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB506 Detail]

Download: California-2015-SB506-Amended.html

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BILL NUMBER: SB 506	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2015

INTRODUCED BY   Senator Fuller

                        FEBRUARY 26, 2015

    An act to amend Section 38561 of the Health and Safety
Code, relating to greenhouse gases.   An act to add
Chapter 4.5 (commencing with Section 13999) and Chapter 5 (commencing
with Section 13999.20) to Part 4.7 of Division 3 of Title 2 of, and
to add Article 6 (commencing with Section 65053.5) to Chapter 1.
  5 of Division 1 of Title 7 of, the Government Code,
relating to economic development. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 506, as amended, Fuller.  California Global Warming
Solutions Act of 2006: scoping plan.   Economic
development: military and aerospace.  
   Existing law establishes the Governor's Office of Business and
Economic Development, which is administered by a director appointed
by the Governor. The office serves the Governor as the lead entity
for economic strategy and the marketing of California on issues
relating to business development, private sector investment, and
economic growth. Existing law, the Military Base Reuse Authority Act,
authorizes the creation of a military base reuse authority to plan,
finance, and manage the transition of a military base from military
to civilian use, as specified.  
   This bill would establish the Military and Aerospace Program in
the Governor's Office of Business and Economic Development, and set
forth the program's duties and authority with respect to state and
local defense retention, conversion, and base reuse activities,
including developing and recommending to the Governor and the
Legislature a strategic plan for state and local defense retention
and conversion efforts. The bill would authorize the office to
establish a Military Advisory Council with a specified membership to
provide input, information, technical advice, or other comments to
the program on military related matters. This bill also would
authorize the office to apply for grants and seek private funds for
the operations of the office. The bill would establish the Military
and Aerospace Account in the Special Deposit Fund in the State
Treasury and require that any private funds the office accepts be
deposited into that account. The bill would authorize the office to
expend moneys in the account, upon appropriation by the Legislature,
for specified purposes of the office.  
   The bill would require the Governor's Office of Business and
Economic Development to implement a space enterprise development
program to foster activities that increase the competitiveness of
space enterprise in California. The bill would authorize the director
of the office to select a California nonprofit corporation to assist
the office in its administration of space enterprise economic
development activities, and would authorize the corporation to
perform specified activities, including developing and implementing a
state strategy for applying and commercializing technology to create
jobs, respond to industry changes, and foster innovation and
competitiveness in space enterprise. The bill would also establish
the California Space Enterprise Competitive Grant Program within the
office to provide funding, upon appropriation by the Legislature, for
the development of space enterprise in California.  
   Existing law creates the Office of Planning and Research in the
Governor's office to provide the Governor and his or her cabinet with
long-range, land use planning and research and to serve as the
comprehensive state planning agency.  
   This bill would require a local retention authority to be
recognized for each active military installation, as defined, in the
state, and would require the office to maintain a list of retention
authorities or their successors, including, but not limited to,
separate airport or port authorities recognized as the local
retention authority for military installations.  
   The California Global Warming Solutions Act of 2006 establishes
the State Air Resources Board as the state agency responsible for
monitoring and regulating sources emitting greenhouse gases. The act
requires the state board to adopt a statewide greenhouse gas
emissions limit, as defined, to be achieved by 2020, equivalent to
the statewide greenhouse gas emissions levels in 1990. The act also
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. The act requires the state
board, in developing the scoping plan, to 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.  
   This bill would additionally require the state board, in
developing the scoping plan, to take into account the environmental
benefits of renewable electrical generation facilities. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 4.5 (commencing with Section
13999) is added to Part 4.7 of Division 3 of Title 2 of the 
 Government Code   , to read:  
      CHAPTER 4.5.  MILITARY AND AEROSPACE SUPPORT


   13999.  This chapter shall be known and may be cited as the
Military and Aerospace Support Act.
   13999.1.  The Legislature finds and declares all of the following:

   (a) There is potential for federal action to close or realign
additional military installations nationwide through the base closure
process, budget reductions, or internal United States Department of
Defense reorganizations.
   (b) There is synergy between the aerospace industry and Department
of Defense activities in the state. Prior base closure rounds have
resulted in significant downsizing and loss of jobs in the aerospace
industry in California.
   (c) There is potential growth in the aerospace industry, not only
in national defense applications, but in commercial and private
enterprises such as unmanned aerial vehicles, commercial spaceflight,
and commercial space launch vehicles and services.
   13999.2.  (a) In an effort to be proactive in retaining and
expanding these military facilities, the aerospace industry, and the
jobs and intellectual capital associated with them, the Military and
Aerospace Program is hereby created in the Governor's Office of
Business and Economic Development.
   (b) The purpose of the program consists of both of the following:
   (1) Providing a central clearinghouse for all defense retention,
conversion, and base reuse activities in the state and interacting
and communicating with military installations in the state.
   (2) Retaining and encouraging growth in the aerospace and space
flight industries through technical and regulatory advice, grants as
provided in Section 13999.22, and other programs administered by the
office or other state agencies.
   (c) The office may organize and provide staffing for the program,
as necessary, to perform the duties in this chapter, and may contract
with other state or private agencies, nonprofit corporations,
universities, firms, or individuals to fulfill any of its duties
under this chapter.
   (d) For purposes of this chapter, "office" means the Governor's
Office of Business and Economic Development.
   13999.3.  (a) The office may establish a Military Advisory Council
to provide input, information, technical advice, or other comments
to the program on military related matters, including, but not
limited to, active Department of Defense installations in California
and defense conversion issues. Participation by council members is
voluntary and there is no reimbursement for per diem or expenses.
   (b) The council may include, but is not limited to,
representatives from any legislative office, state agency, local
government, industry, and civic or research organizations that may
have an interest in defense related activities.
   13999.4.  The program shall do all of the following:
   (a) Develop and recommend to the Governor and the Legislature a
strategic plan for state and local defense retention and conversion
efforts. The plan shall address the state's role in assisting
communities with potential base closures and those impacted by
previous closures. The office may coordinate with other state
agencies, local groups, and interested organizations on this
strategic plan to retain current Department of Defense installations,
facilities, bases, and related civilian activities.
   (b) Conduct outreach to entities and parties involved in defense
retention and conversion across the state and provide a network to
facilitate assistance and coordination for all defense retention and
conversion activities within the state.
   (c) Help develop and coordinate state retention advocacy efforts
on the federal level.
   (d) (1) Conduct an evaluation of existing state retention and
conversion programs and provide the Legislature with recommendations
on the continuation of existing programs, including, but not limited
to, the possible elimination or alteration of those programs and
provide recommendations to the Legislature on the necessity of new
programs for defense retention and adequate funding levels. This
evaluation and resulting recommendations shall be transmitted to each
house of the Legislature in accordance with Section 9795. This
requirement to submit an evaluation and recommendations is
inoperative on January 1, 2020, pursuant to Section 10231.5.
   (e) Update the plan prepared by the Defense Conversion Council as
it existed on December 31, 1998, and any subsequent state agency
reports, with the goal to minimize California's loss of bases and
jobs in future rounds of base closures. This plan shall include, but
not be limited to, all of the following:
   (1) Identify of major installations in California.
   (2) Determine of how best to defend existing bases and base
employment in this state.
   (3) Coordinate of retention activities with communities that may
face base closures.
   (4) Develop of data and analyses on bases in this state.
   (5) Coordinate with the state congressional delegation, the
Legislature, and the Governor. With the consent of the appropriate
authority, the office may temporarily borrow technical, policy, and
administrative staff from other state agencies, including the
Legislature.
   (f) Serve as the primary state liaison with the Department of
Defense and its installations in this state. In order to maximize the
mission use of the installations, the program shall assist in
resolving any disputes or issues between the Department of Defense
and state entities.
   (g) Review actions or programs by state agencies that may affect
or impact Department of Defense installations or the state's military
base retention and reuse activities, and recommend to the Governor
and the Legislature actions that may be taken to resolve or prevent
similar problems in the future.
   (h) If funds and resources are available, the office may undertake
all of the following activities:
   (1) Provide a central clearinghouse for all base retention or
conversion assistance activities, including, but not limited to,
employee training programs and regulation review and permit
streamlining.
   (2) Provide technical assistance to communities with potential or
existing base closure activities.
   (3) Provide a central clearinghouse for all defense retention and
conversion funding, regulations, and application procedures for
federal or state grants.
   (4) Serve as a central clearinghouse for input and information,
including needs, issues, and recommendations from businesses,
industry representatives, labor, local government, and communities
relative to retention and conversion efforts.
   (5) Identify available state and federal resources to assist
businesses, workers, communities, and educational institutions that
may have a stake in retention and conversion activities.
   (6) Provide one-stop coordination, maintain and disseminate
information, standardize state endorsement procedures, and develop
fast-track review procedures for proposals seeking state funds to
match funding from federal defense conversion programs.
   (7) Maintain and establish databases in fields such as
defense-related companies, industry organization proposals for the
state and federal defense industry, community assistance, training,
and base retention, and provide electronic access to the databases.
   13999.5.  (a) The office may apply for grants and seek
contributions from private industry to fund its operations.
   (b) The office may actively solicit and accept funds from
industry, foundations, or other sources to support its operations and
responsibilities under this chapter.
   (c) Any private funds the office accepts shall be deposited into
the Military and Aerospace Account, which is hereby established in
the Special Deposit Fund in the State Treasury. The office may expend
moneys in the account, upon appropriation by the Legislature in the
annual Budget Act, for the purposes of this chapter and for no other
purpose. Records of funds received and expenditures made pursuant to
this section shall be subject to public disclosure. A report
describing the receipt and expenditure of these funds shall be
submitted to the Department of Finance, the Assembly Committee on
Budget, and the Senate Committee on Budget and Fiscal Review at least
biennially.
   13999.6.  The office shall establish a military support grant
program to grant funds to communities with Department of Defense
installations to assist them in developing a retention strategy. The
office may use grant criteria similar to those in any predecessor
grant criteria established pursuant to former Section 13998.8 or
existing defense conversion grant programs as a basis for developing
the grant program. To discourage multiple grant applications for
individual defense installations in a region, the criteria shall be
drafted to encourage a single application for grant funds to develop,
where appropriate, a single, regional defense retention strategy.
The structure, requirements, administration, and funding procedures
of the grant program shall be submitted to the Legislature for review
at least 90 days prior to making the first grant disbursement. The
office may make no grant award without the local community providing
at least 50 percent or more in matching funds or in-kind services,
with at least 50 percent of that match being in the form of funding.
   13999.7.  The office shall adopt necessary regulations to
implement the programs authorized in this chapter. The office shall
adopt these regulations as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1, and for
purposes of that chapter, including Section 11349.6, the adoption of
the regulations shall be considered by the Office of Administrative
Law to be necessary for the immediate preservation of the public
peace, health and safety, and general welfare. Notwithstanding
subdivision (e) of Section 11346.1, the regulations shall be repealed
within 180 days after their effective date, unless the office
complies with Chapter 3.5 (commencing with Section 11340) of Part 1
as provided in subdivision (e) of Section 11346.1. 
   SEC. 2.    Chapter 5 (commencing with Section
13999.20) is added to Part 4.7 of Division 3 of Title 2 of the 
 Government Code   , to read:  
      CHAPTER 5.  SPACE ENTERPRISE DEVELOPMENT ACT


   13999.20.  This chapter shall be known and may be cited as the
Space Enterprise Development Act.
   13999.21.  For purposes of this act, the following terms have the
following meanings:
   (a) "Authority" means the California Spaceport Authority.
   (b) "Date of designation" means the date that the spaceport
receives designation by the authority pursuant to Section 13999.23.
   (c) "Director" means the Director of the Governor's Office of
Business and Economic Development.
   (d) "Governing body" means the governing body of a city, county,
city and county, special district, or joint powers authority.
   (e) "Launch" means to place, or attempt to place, a launch vehicle
into a ballistic, suborbital, or orbital trajectory, into Earth
orbit in outer space, or otherwise into outer space, and also is a
means of placing a commercial, civil, or military payload into Earth
orbit or beyond, including all activities involved in the preparation
of a launch vehicle for flight, including all processing, servicing,
and support activities that take place at a launch site or at a
California mission control support site for ocean launches. A "launch"
begins with the arrival of the launch vehicle or payload at the
launch site.
   (f) "Launch site" means a location from which a space launch or
operation directly associated with a space launch takes place, a
location at which a launch vehicle or its payload, if any, is
intended to land, or as defined in the Commercial Space Launch Act
(51 U.S.C. Sec. 50901, et seq.). The site includes any right-of-way
directly associated with the space launch or reentry operations and
all facilities and support infrastructure related to launch, reentry,
or payload processing.
   (g) "Launch vehicle" means a vehicle specifically designed and
built to operate in or place a payload in the upper atmosphere or
outer space. "Launch vehicles" include, but are not limited to,
expendable space launch vehicles and reusable launch vehicles.
   (h) "Office" means the Governor's Office of Business and Economic
Development.
   (i) "Operation of a launch site" means the conduct of approved
safety operations at a launch site to support the launching of
vehicles and payloads.
   (j) "Operation of a reentry site" means the conduct of safety
operations at a fixed site on Earth at which a reentry vehicle and
its payload, if any, is intended to land.
   (k) "Payload" means an object, including, but not limited to, a
satellite that a licensed launch site undertakes to place into outer
space by means of a launch vehicle, including components of the
vehicle specifically designed or adopted to support that activity.
   (l) "Person" means any individual and any corporation,
partnership, joint venture, association, or other entity organized or
existing under the laws of any state or nation.
   (m) "Reentry" means the return of any launch vehicle that has been
placed in a ballistic, suborbital, or orbital trajectory, and its
payload, if any, to the Earth. "Reentry" includes all activities
involved in the postflight ground operations. A "reentry" ends when a
launch vehicle or payload, if any, has completed its descent to
Earth and is retrieved.
   (n) "Reentry site" means the location on Earth at which a reentry
is intended to occur, as defined in a license issued or transferred
by the United States Secretary of Transportation, and any necessary
support infrastructure related to reentry or payload recovery.
   (o) "Reusable launch vehicle" means a vehicle that is designed to
launch into an orbital or suborbital trajectory, into Earth orbit in
outer space, or otherwise into outer space, that returns to Earth and
is reused for a subsequent future launch.
   (p) "Spaceport" means an entity that has been designated pursuant
to Section 13999.23.
   13999.22.  (a) Subject to the availability of funds appropriated
for that purpose, the Governor's Office of Business and Economic
Development shall implement a space enterprise development program to
foster activities that increase the competitiveness of space
enterprise in California, including, but not limited to, the
commercial use of space, space vehicle launches, space launch
infrastructure, manufacturing, applied research, technology
development, economic diversification, and business development.
   (b) The office may contract with other state or private agencies,
nonprofit corporations, universities, firms, or individuals for the
performance of technical or specialized work, or for services related
to space enterprise development programs authorized by this chapter.

   (c) The director may select a California nonprofit corporation to
assist the office in its administration of space enterprise economic
development activities through programs, projects, grants,
partnerships, networks, and collaboration. The corporation shall be
selected through a solicitation process established by the office.
The solicitation process shall include criteria for selection of the
corporation, which shall include, but not be limited to, demonstrated
experience in space enterprise and the ability to perform space
enterprise development activities described in subdivision (d).
   (d) The corporation may perform one or more of the following
activities, as determined contractually between the office and the
corporation:
   (1) Serve as the California Spaceport Authority with
responsibilities specified in Section 13999.23.
   (2) Pursue grants from the federal government or from private
businesses, foundations, or individuals, for California space
enterprise activities, including, but not limited to, studies,
services, infrastructure improvements and modernization, and defense
transition programs, to the extent permitted by law.
   (3) Identify science and technology trends that are significant to
space enterprise and the state and act as a clearinghouse for space
enterprise issues and information.
   (4) Develop and implement a state strategy for applying and
commercializing technology to create jobs, respond to industry
changes, and foster innovation and competitiveness in space
enterprise.
   (5) Provide information to the director relevant to changes in
federal, state, and local statutes and regulations that will enhance
the development of space enterprise in California.
   (6) Provide information to the office regarding the development of
laws, regulations, decisions, or determinations affecting the
economic and employment impacts of space enterprise in California.
   (7) Provide recommendations to the director for appropriate state
funding mechanisms and amounts to promote development of space
enterprise in California, including education and workforce
development.
   (8) Provide recommendations to the director in the form of
strategic planning documents.
   (9) Review applications for, and promote, the California Space
Enterprise Competitive Grant Program established by Section 13999.24.

   (e) (1) The office and the corporation shall enter into an annual
contract specifying the activities to be performed by the
corporation.
   (2) Pursuant to the contract, the corporation shall submit to the
office quarterly reports of its activities and finances. The
quarterly reports shall be of sufficient detail for the office to
determine whether the corporation is in compliance with the annual
contract between the office and the corporation.
   (3) The annual contract shall include conflict of interest
requirements developed by the office.
   (4) Failure of the corporation to comply with the conditions in
the annual contract, as evidenced in the quarterly reports and any
supplemental monitoring of the corporation by the office, shall
result in the cancellation of the annual contract and deselection of
the corporation. Upon the deselection of the corporation, the office
shall utilize the solicitation process set forth in subdivision (c)
to select a replacement corporation.
   13999.23.  (a) The California Spaceport Authority shall designate
spaceports for the operation of launch sites or reentry sites.
   (b) Any city, county, city and county, special district, joint
powers authority, or private entity, as appropriate, may apply to the
authority for designation as a spaceport.
   (c) (1) The application described in subdivision (b) shall require
at least the following information to be submitted to the authority:

   (A) A written notice of intent to apply for a federal launch site
operator's license from the United States Secretary of Transportation
under the authority of the Commercial Space Launch Act (51 U.S.C.
Sec. 50901, et seq.), to be received by the authority no later than
60 days prior to the submission of the application to the United
States Secretary of Transportation.
   (B) A copy of the perfected application submitted to the United
States Secretary of Transportation for a federal launch site operator'
s license.
   (C) A written notice of acceptance or denial by the United States
Secretary of Transportation for a federal launch site operator's
license. If acceptance is granted, a copy of the license shall be
included in the written notice.
   (2) This subdivision shall not apply to any launch site operator
who is federally licensed on or before January 1, 2005.
   (d) An entity located in California that has a federal launch site
operator's license from the United States Secretary of
Transportation under the authority of the Commercial Space Launch Act
(49 U.S.C. Sec. 7101, et seq.), shall receive a spaceport
designation under this section as long as they maintain their federal
designation and provide proof of their extension to the authority
upon request.
   (e) The authority shall withdraw spaceport designation upon
receipt of notice from the Federal Aviation Administration that the
launch site operator of the spaceport no longer meets safety
requirements or that safety deficiencies in the spaceport have
remained uncorrected for a reasonable period of time after being
identified.
   13999.24.  (a) The California Space Enterprise Competitive Grant
Program is hereby established within the Governor's Office of
Business and Economic Development to provide funding, upon
appropriation by the Legislature, for the development of space
enterprise in California. For purposes of this section, space
enterprise activities include, but are not limited to, the commercial
use of space, space vehicle launches, space launch infrastructure,
manufacturing, applied research, technology development, economic
diversification, and business development. Entities conducting
activities in California intended to improve the competitiveness of
space enterprise in California, including public, private,
educational, commercial, nonprofit, or for-profit entities, may apply
for grants.
   (b) (1) If program funding is appropriated by the Legislature, the
office, or the corporation selected pursuant to subdivision (c) of
Section 13999.22,0. shall, at least annually, issue solicitations. A
solicitation shall not be issued without the prior review and
approval by the office. If the corporation has not issued a
solicitation within 180 days of the appropriation of funds, the
office shall issue the solicitation.
   (2) Solicitations developed by the corporation shall include
minimum eligibility and requirements. Additional requirements may be
added to each year's grant solicitation. The solicitation shall
address at least all of the following:
   (A) Jobs created and retained by the implementation of the
project.
   (B) Cost sharing by other project participants, which should
include at least one of the following:
   (i) A private sector company or companies.
   (ii) One or more foundations, industry associations, or nonprofit
cooperative associations, or any combination thereof.
   (iii) In-kind support, which may include staff and facilities.
   (iv) Federal or local government funding.
   (C) A condition that grant funds will not be used to supplant
other project funds.
   (D) A demonstration that a majority of the project will be
undertaken in California.
   (E) An agreement among all project participants as to intellectual
property rights relative to the project.
   (F) The potential impact on the state's economy.
   (G) The cost-effectiveness of the project.
   (H) The importance of state funding for the viability of the
project.
   (I) A demonstration of technical feasibility and an assessment of
programmatic risk.
   (c) In evaluating grant proposals, the corporation shall establish
an impartial review panel composed of technical and scientific
experts and government representatives to review grant applications.
The panel shall be composed of members from throughout the state who
are knowledgeable about activities related to space enterprise. No
more than 30 percent of the panel members shall be government
representatives, and all other members shall either be actively
involved in, or be technical and scientific experts in activities
related to,                                            space
enterprise. No more than 30 percent of the panel members shall be
members of, or on the board of directors of, the corporation.
   (d) (1) The review panel shall review all applications received by
the deadline specified in the solicitation in order to determine the
applications that are complete and that meet the criteria set forth
in the solicitation. The review panel may rely on experts who are not
part of the panel in order to determine compliance with one or more
criteria.
   (2) All applications meeting the criteria set forth in paragraph
(1) shall be submitted to the office.
   (3) The office may remove one or more applications from those
submitted by the review panel upon a determination that the
application did not meet the criteria set forth in paragraph (1). The
office shall rank the grant applications received from the review
panel, minus any applications removed by the office because of
failure to meet the criteria. The ranking shall be based upon
criteria stated in the solicitation. The ranking shall include
recommendations as to the amount of state funding for each grant
application.
   (e) The director shall award program grants based upon the
criteria stated in the solicitation.
   (f) The funding determination shall be transmitted to the Governor
and the chairpersons of the Senate and Assembly fiscal committees
and shall be subject to the availability of funds appropriated for
that purpose.
   (g) The solicitation process set forth in this section shall not
be subject to Chapter 3.5 (commencing with Section 11340) of Part 1.
   (h) The Legislature hereby finds and declares that the granting of
funds to private entities serves a public purpose by assisting an
industry vital to the health and welfare of the State of California.
   13999.25.  The office shall adopt necessary regulations to
implement the programs authorized in this chapter. The office shall
adopt these regulations as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1, and for
purposes of that chapter, including Section 11349.6, the adoption of
the regulations shall be considered by the Office of Administrative
Law to be necessary for the immediate preservation of the public
peace, health and safety, and general welfare. Notwithstanding
subdivision (e) of Section 11346.1, the regulations shall be repealed
within 180 days after their effective date, unless the office
complies with Chapter 3.5 (commencing with Section 11340) of Part 1
as provided in subdivision (e) of Section 11346.1. 
   SEC. 3.    Article 6 (commencing with Section
65053.5) is added to Chapter 1.5 of Division 1 of Title 7 of the
  Government Code   , to read:  

      Article 6.  Single Local Retention Entities


   65053.5.  (a) As used in this article, the following terms have
the following meaning:
   (1) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other facility under
the jurisdiction of the United States Department of Defense, as
defined in paragraph (1) of subsection (g) of Section 2687 of Title
10 of the United States Code.
   (2) "Affected local government" means any county or city
identified as located wholly or partly within the boundaries of a
military installation or as having a sphere of influence over any
portion of the installation with responsibility for local zoning and
planning decisions.
   (b) The Legislature hereby finds and declares all of the
following:
   (1) Because of the tremendous economic impact that military
installations have on the state, it is in the best interest of the
state to facilitate their retention.
   (2) It is the intent of the Legislature to encourage cooperation
among affected local governments in their efforts to retain military
installations in this state by authorizing the creation of a joint
powers authority pursuant to this section.
   (3) The Legislature also encourages affected local governments to
engage other community-based organizations in their retention
activities.
   (c) For the purposes of this article, a local retention authority
shall be recognized for each active military installation in this
state.
   (d) A list of retention authorities or their successors,
including, but not limited to, separate airport or port authorities
recognized as the local retention authority for the military
installations, shall be maintained by the Office of Planning and
Research. If multiple affected local governments are identified for a
military installation as described in paragraph (2) of subdivision
(a), those affected counties and cities may, by resolution, designate
an existing joint powers authority or establish a joint powers
authority for the purposes of this article pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1.
   (e) (1) The state shall recognize a local retention authority for
each active military installation if resolutions acknowledging the
authority as the local retention authority are adopted by all boards
of supervisors and city councils for counties and cities identified
as affected local governments as described in paragraph (2) of
subdivision (a) and are forwarded to the Office of Planning and
Research on or before October 1, 2016.
   (2) If prior to January 1, 2004, a local government was awarded
grant moneys pursuant to any predecessor to former Section 13998.8 or
former Section 65053.5 for a specific military installation and
still qualifies as an affected local government as described in
paragraph (2) of subdivision (a), the recipient local government
shall be recognized by the state as the local retention authority
unless resolutions acknowledging a different authority are adopted by
all county boards of supervisors and city councils for counties and
cities identified as affected local governments described in
paragraph (2) of subdivision (a), and are forwarded to the Office of
Planning and Research.
   (f) If the necessary resolutions are not adopted and forwarded
before October 1, 2016, the Office of Planning and Research, in
consultation with Governor's Office of Business and Economic
Development, shall recognize a local retention authority for each
military installation.
   65053.6.  The local retention authority shall be recognized by all
state agencies as the local retention planning authority for the
military installation. The state shall encourage the federal
government and other local jurisdictions to recognize similarly the
authorities designated pursuant to Section 65053.5 for the purposes
of retention activities.  
  SECTION 1.    Section 38561 of the Health and
Safety Code is amended to read:
   38561.  (a) (1) 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.
   (2) 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.
   (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) 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, including the environmental
benefits of renewable electrical generation facilities, 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.
   (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.