Bill Text: CA SB535 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Global Warming Solutions Act of 2006:

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 830, Statutes of 2012. [SB535 Detail]

Download: California-2011-SB535-Amended.html

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BILL NUMBER: SB 535	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  JULY 5, 2011
	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator De León
   (Coauthor: Senator Pavley)
   (Coauthors: Assembly Members Davis and Lara)

                        FEBRUARY 17, 2011

   An act to add Part 11 (commencing with Section 38850) to Division
25.5 of the Health and Safety Code, relating to climate change.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 535, as amended, De León. California Communities Healthy Air
Revitalization  Trust   Act  .
   The California Global Warming Solutions Act of 2006 requires the
State Air Resources Board to adopt regulations to require the
reporting and verification of emissions of greenhouse gases and to
monitor and enforce compliance with the reporting and verification
program, and requires the state board to adopt a statewide greenhouse
gas emissions limit equivalent to the statewide greenhouse gas
emissions level in 1990 to be achieved by 2020. The act requires the
state board to adopt rules and regulations in an open public process
to achieve the maximum technologically feasible and cost-effective
greenhouse gas emission reductions. The act authorizes the state
board to include use of market-based compliance mechanisms. The act
authorizes the state board to adopt a schedule of fees to be paid by
the sources of greenhouse gas emissions regulated pursuant to the
act, and requires the revenues collected pursuant to that fee to be
deposited into the Air Pollution Control Fund and be available, upon
appropriation by the Legislature, for the purposes of carrying out
the act.
   This bill would establish the California Communities Healthy Air
Revitalization  Trust in the State Treasury  
Act  and would require a minimum of 10% of specified revenues
 generated for the state each year from the act to be
deposited into that trust. The moneys in the trust would 
 deposited in the Greenhouse Gas Reduction Fund  be used,
upon appropriation by the Legislature, in the most impacted and
disadvantaged communities, as defined, to fund programs or projects
that reduce greenhouse gas emissions or mitigate direct health or
environmental impacts of climate change through competitive grants,
loans, or other funding mechanisms. The bill would require the
 State Air Resources Board   state board 
to administer  those  moneys appropriated from the 
trust   Greenhouse Gas Reduction Fund for the purposes
of this act  , establish criteria and procedures, convene a
review panel, and meet other specified requirements in connection
with implementation.  The bill would require the Office of
Environmental Health Hazard Assessment to prepare a specified
publicly available report by March 1, 2013, and update it every 3
years thereafter in consultation with the California Environmental
Protection Agency, the public, and specified experts. 
   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.  The Legislature finds and declares all of the
following:
   (a) California embraced the challenge posed by climate change with
the passage of the California Global Warming Solutions Act 
in   of  2006, enacted as Chapter 488 of the
Statutes of 2006 (Assembly Bill 32). Assembly Bill 32 recognizes the
disproportionate impacts climate change will have on disadvantaged
and low-income communities in California, which already face
disproportionate impacts from substandard air quality in the form of
higher rates of respiratory illness, hospitalizations, and premature
death.
   (b) Assembly Bill 32 recognizes the potential vulnerability of
California's low-income and disadvantaged population to efforts to
reduce greenhouse gas emissions and requires that activities taken to
comply with Assembly Bill 32 do not disproportionately impact those
communities.
   (c) Assembly Bill 32 recognizes the public health impacts of
climate change and requires that activities taken to comply with
Assembly Bill 32 consider the localized and cumulative impacts in
communities that are already adversely impacted by air pollution.
   (d) Assembly Bill 32 requires that public and private investment
be directed toward the most disadvantaged communities in California
to provide an opportunity for small businesses, schools, affordable
housing associations, and other community institutions to participate
in and benefit from statewide efforts to reduce greenhouse gas
emissions.
   (e) Assembly Bill 32  does not provide  
neither provides  a definition, however, for California's most
impacted and disadvantaged communities, nor direction on how the
state will mitigate adverse impacts from climate change in these
communities, nor direction on how the state will ensure these
communities can participate in and receive investments from
activities taken pursuant to Assembly Bill 32 and not experience
disproportionate impacts.
   (f) Since the passage of Assembly Bill 32, the State Air Resources
Board and other state agencies have adopted various regulatory
programs to enable California to achieve Assembly Bill 32's
greenhouse gas emissions reduction target. The people of California
voiced their strong support for continued implementation of Assembly
Bill 32 with the defeat of Proposition 23 in November 2010.
   (g) It is the intent of the Legislature that this act continue
California's implementation of Assembly Bill 32 by directing
resources to the state's most impacted and disadvantaged communities
to ensure activities taken pursuant to that authority will provide
economic and health benefits to these communities as originally
intended.
   (h) It is the intent of the Legislature that funds 
collected   deposited  pursuant to this act
continue California's implementation of Assembly Bill 32 by achieving
additional emission reductions and mitigating direct health impacts
on California's most impacted and disadvantaged communities.
  SEC. 2.  Part 11 (commencing with Section 38850) is added to
Division 25.5 of the Health and Safety Code, to read:

      PART 11.  California Communities Healthy Air Revitalization
 Trust   Act 


   38850.  This part shall be known, and may be cited, as the
California Communities Healthy Air Revitalization  Trust
  Act  (Cal CHART).
   38851.  As used in this part,  the following terms have
the following meanings:   "most impacted and
disadvantaged communities" means those clusters of census blocks, or,
if data is available, the census block level, having the highest 10
percent of cumulative impacts in California as identified in a
publicly available report prepared by the Office of Environmental
Health Hazard Assessment and completed prior to March 1, 2013. The
report shall be updated every three years thereafter.  
   (a) "Trust" means the California Communities Healthy Air
Revitalization Trust.  
   (b) (1) "Most impacted and disadvantaged communities" means either
those areas having the highest 10 percent air pollution exposure and
socioeconomic vulnerability within an air basin that does not meet
one or more national or state ambient air quality standards, or those
areas having the highest 10 percent socioeconomic vulnerability to
direct health or environmental impacts of climate change. 

   (2) The evaluation criteria for air pollution exposure shall
include, at a minimum, criteria and toxic air pollution levels,
proximity to sources of air pollution, and sensitive populations.
 
   (3) The evaluation criteria for socioeconomic vulnerability shall
include, to the extent feasible, multiple indicators, including, but
not limited to, poverty level, percent home ownership, unemployment
level, and educational attainment.  
   (a) The evaluation criteria for cumulative impacts shall include,
but not be limited to, exposures, public health effects, and
environmental degradation from the combined emissions and discharges
in clusters of census blocks, or, if data is available, to the census
block level, including, but not limited to, environmental pollution
from all sources, whether single or multimedia, routinely,
accidentally, or otherwise released, taking into account sensitive
populations and socioeonomic vulnerability, to the extent data is
readily available.  
   (b) The evaluation criteria for air pollution exposure shall
include, at a minimum, criteria and toxic air pollution levels,
proximity to sources of air pollution, and sensitive populations.
 
   (c) The evaluation criteria for environmental exposures shall
include, at a minimum, criteria and toxic air pollution levels,
proximity to sources of air pollution, and sensitive populations.
 
   (d) The criteria for socioeconomic vulnerability shall include, to
the extent feasible, multiple indicators, including, but not limited
to, poverty level, percentage of homeownership, unemployment level,
and educational attainment.  
   (e) In producing updated reports after 2013 pursuant to paragraph
(1), the Office of Environmental Health Hazard Assessment shall
consult with the California Environmental Protection Agency, the
public, and experts in the assessment of cumulative impacts and
social vulnerability. 
   38852.  (a)  The California Communities Healthy Air
Revitalization Trust is established in the State Treasury. 
Not less than 10 percent of the revenues deposited in the Air
Pollution Control   Greenhouse Gas Reduction  Fund
pursuant to  this division, other than revenues collected
for administrative purposes pursuant to Section 38597,  
Section 16428.8 of the Government Code  shall be allocated
 to the trust.   Moneys in the trust are
available  , upon appropriation by the Legislature, for the
purposes described in this part.
   (b) (1) Moneys allocated  to the trust   for
the purposes described in this part  shall be used solely in the
most impacted and disadvantaged communities in California.
   (2) Moneys allocated  to the trust   for the
purposes described in this part  shall be used to fund programs
or projects that reduce greenhouse gas emissions or mitigate direct
health impacts of climate change, through competitive grants, loans,
or other funding mechanisms. 
   (3) To the extent allowed by law, and consistent with paragraph
(2), moneys allocated to the trust may be appropriated for green
collar employment or training opportunities for the most impacted and
disadvantaged communities.  
   (4) 
    (3)  Up to 5 percent of the moneys allocated  to
the trust   for the purposes described in this part
 may be used for purposes of administering this part, upon
appropriation by the Legislature.
   (c) To the extent that funds allocated  to the trust
  for the purposes described in this part  are
provided to existing programs, those funds shall be used to
supplement, not supplant, those programs to meet the goals of this
part.
   38853.  (a) The state board shall administer moneys appropriated
from the  trust     Greenhouse Gas
Reduction Fund for purposes of this part  and shall establish
criteria and procedures for the implementation of this part. The
state board shall begin implementation of the program created
pursuant to this part within 90 days of finding that more than five
million dollars ($5,000,000) has been  deposited in the trust
  appropriated from the Greenhouse Gas Reduction Fund
for purposes of this part  .
   (b) The state board, following an open and public process, shall
develop and adopt a report that describes the support structure and
framework for the implementation of this part, the types of programs
and projects to be funded under this part, the selection and
oversight process for the programs and projects to be funded, and the
eligibility criteria. The report shall be made available to the
public on the state board's Internet Web site.
   (c) Upon implementation of the program, and by every third January
1 thereafter, the state board, in consultation with the Climate
Action Team, in an open process, shall develop and adopt the list of
the most impacted and disadvantaged communities in California and
triennial plans describing the specific type of programs and projects
to be solicited for funding during the three-year period. The plans
and lists shall be made public on the state board's Internet Web
site.
   (d) (1) By September 1, 2015, and every three years thereafter,
the state board, in consultation with the Climate Action Team, shall
submit a report to the Legislature describing the activities taken
during the preceding three-year period pursuant to this part,
including the amount and geographic distribution of programs and
projects funded, a description of each program and project funded,
and the manner in which those programs and projects and the plan
adopted pursuant to subdivision (c) furthered the goals of this
division. The report shall be made public on the state board's
Internet Web site.
   (2) A report to be submitted pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   (e) (1) The adoption of triennial plans and identification of the
most impacted and disadvantaged communities pursuant to subdivision
(c) shall be approved or adopted with the approval of no fewer than
four members of the review panel described in Section 38854.
   (2) If four panel members do not approve an action as required by
paragraph (1), the state board shall resubmit the action, revised as
appropriate, to the panel for reconsideration, within 90 days of the
disapproval.
   38854.   (a) (1) The state board shall convene a review panel to
make recommendations and review the development of policies, plans,
and programs as they relate to this part.
   (2) The panel shall have seven members meeting the following
requirements:
   (A) Each member shall have demonstrated expertise, and a minimum
of seven years of working experience, in the areas of air pollution,
public health, energy efficiency, transportation, economics, or
running a small business.
   (B) Three members shall have demonstrated knowledge and experience
in advancing community interests in the area of environmental
protection for at least seven years.
   (3) The state board shall solicit nominations to serve on the
panel in an open and public process, and shall appoint panel members
in consultation with the Senate pro Tempore and the Speaker of the
Assembly. A member of the panel shall serve for a three-year term and
may be reappointed for no more than a second three-year term. For
the initial appointments pursuant to this section,  the 
state board shall appoint panel members for two- or three-year terms
to ensure staggered terms and continuity of the panel.
   (b) The panel shall convene every three months to review and make
recommendations pursuant to this part. The panel shall review and
make recommendations regarding the support structure and framework
for the implementation of this part, the list of the most impacted
and disadvantaged communities in California, the eligibility
criteria, and the selection of the programs and projects to be funded
under this part.
   38855.  (a) Except as otherwise provided in subdivision (b), the
state board shall only approve a program or project for funding after
determining, based on the available evidence, that the use of moneys
for that program or project is consistent with the requirements for
the use of moneys derived from valid regulatory fees, as established
by the California Supreme Court in Sinclair Paint Co. v. State Bd. of
Equalization (1997) 15 Cal.4th 866 and reaffirmed in California Farm
Bureau Federation v. State Water Resources Control Bd. (2011) 51
Cal.4th 421.
   (b) The requirements of subdivision (a) do not apply to the use of
penalty moneys  ,  if those moneys are segregated
from fee moneys.
   38856.  Nothing in this part shall be construed as resulting in
any taxpayer paying a higher tax within the meaning of Section 3 of
Article XIII A of the California Constitution.