California Assembly Bill AB1405 Amended / Bill

 BILL NUMBER: AB 1405AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Members De Leon and V. Manuel Perez FEBRUARY 27, 2009 An act to amend Section 38597 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST AB 1405, as amended, De Leon. California Global Warming Solutions Act of 2006: Community Benefits Fund. 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 the 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 purposes of carrying out the act. This bill would establish the Community Benefits Fund, and would require an unspecified percentage of revenues generated pursuant to the act, including the fee discussed above, to be deposited into that fund. The moneys in the fund would be used, upon appropriation by the Legislature,  in the most impacted and disadvantaged communities in California to accelerate greenhouse gas emission reductions and mitigate direct health impacts of climate change   for the Community Benefits Program, which the bill would create. The program would be implemented by the Community Benefits Fund Review Panel, which the bill would create within the California Environmental Protection Agency,   with 9 members to be appointed by the Governor, Speaker of the Assembly, and the Senate Committee on Rule   s, as provided. The panel would be required to ensure that the funds appropriated to it are used in the most impacted and disadvantaged communities in California to accelerate greenhouse gas emission reductions and mitigate direct health impacts of climate change in those communities. The state board would be required to develop and recommend methodology to the panel to identify the most impacted and disadvantaged communities. The state board, the State Energy Resources Conservation and Development Commission, and the State Department of Public Health would be required to jointly develop and recommend semiannual plans for the use of funds under the program  . 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. Section 38597 of the Health and Safety Code is amended to read: 38597. (a) The state board may adopt by regulation, after a public workshop, a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to this division, consistent with Section 57001. The revenues collected pursuant to this section, except as provided in subdivision (b), shall be deposited into the Air Pollution Control Fund and are available, upon appropriation by the Legislature, for purposes of carrying out this division. (b) There is hereby established in the State Treasury the Community Benefits Fund. ____ percent of the  total  revenues generated  each year  pursuant to this division, including, but not limited to, subdivision (a), shall be deposited  by the state board  into the Community Benefits Fund. The moneys in the fund shall be used, upon appropriation by the Legislature  , in the most impacted and disadvantaged communities in California to accelerate greenhouse gas emission reductions and mitigate direct health impacts of climate change.   for the Community Benefits Program described in subdivision (c).   (c) (1) The Community Benefits Fund Review Panel is hereby created as part of the California Environmental Protection Agency. The Assistant Secretary for Environmental Justice shall provide support to the panel. The panel shall implement the Community Benefits Program to ensure that funds appropriated to it by the Legislature are solely used in the most impacted and disadvantaged communities in California to accelerate greenhouse gas emission reductions and mitigate direct health impacts of climate change in those communities. The panel shall award competitive grants for projects, including, but not limited to, any projects that do any of the following:   (A) Reduce greenhouse gas emissions, while achieving cobenefits such as reductions in other air pollutants and energy efficiency.   (B) Minimize health impacts caused by global warming.   (C) Assist small businesses to reduce their greenhouse gas emissions.   (D) Install or replace equipment that reduces greenhouse gas emissions.   (E) Improvements to mass transit that reduce greenhouse gas emissions, including, but not limited to, subsidies to commuters.   (F) Clean distributed electricity generation systems that reduce greenhouse gas emissions.   (G) Energy efficiency upgrades for schools, senior centers, or low-income housing that reduce greenhouse gas emissions.   (H) Emergency preparedness for extreme weather events caused by global warming.   (2) (A) The panel shall have a total of nine members. The Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall each appoint three members by ____. The members shall have demonstrated integrity in protecting community interests in the area of environmental protection for at least 10 years, or have education and demonstrated expertise and at least 10 years of working experience in the areas of air pollution, public health, energy efficiency, economics, local government, or running a small business.   (B) The members of the panel shall serve for three-year terms and can be reappointed for no more than a second three-year term. For the initial appointments pursuant to subparagraph (A), the Governor, the Speaker of the Assembly, and the Senate Committee on Rules, shall each appoint one member to a one-year term, one member to a two-year term, and one member to a three-year term.   (3) The state board shall develop and recommend methodology to the panel to identify the most impacted and disadvantaged communities, that shall be reviewed and modified, if necessary, by the panel.   (4) The state board, the State Energy Resources Conservation and Development Commission, and the State Department of Public Health shall jointly develop and recommend semiannual plans for the use of funds under the program. These plans shall be presented to the panel for approval. The panel shall determine whether a project is approved or rejected for funding pursuant to the program.   (5) The panel shall ensure that all projects approved for funding have local community support, including, but not limited to, local public health and air quality support.   (6) Notwithstanding any other provision of this subdivision, the panel shall only approve a project if it determines, based on the facts available to it, that the use of moneys for that project would not be inconsistent with Article XIII A of the California Constitution and case law construing that provision. The panel shall ensure in this regard, in consultation with the state board, that no feepayer pays for a disproportionate share of the global warming harm addressed by the Community Benefits Program.