California Senate Bill SB1006 Amended / Bill

 BILL NUMBER: SB 1006AMENDED BILL TEXT AMENDED IN SENATE APRIL 27, 2010 AMENDED IN SENATE APRIL 5, 2010 INTRODUCED BY Senator Pavley FEBRUARY 10, 2010 An act to amend Sections  75125   75120, 75125,  and 75129 of the Public Resources Code, relating to natural resources. LEGISLATIVE COUNSEL'S DIGEST SB 1006, as amended, Pavley. Natural resources: climate change: Strategic Growth Council. Existing law requires the Strategic Growth Council to take certain actions with regard to coordinating programs of member state agencies to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.  Existing law defines certain terms for the purposes of the Strategic Growth Council.  This bill would also require the council to take certain actions with regard to coordinating programs to address climate change impacts. The bill would require the council to provide guidelines and distribute data and information to local governments and regional agencies that will assist in developing and implementing climate change adaptation strategies, projects, or activities, as described.  The bill would also define "financial assistance" for purposes of the council.  Existing law requires the council, to support the planning and development of sustainable communities, to manage and award financial assistance to a city, county, or nonprofit organization for the preparation, planning, and implementation of a specified urban greening project. This bill would, instead, require the council to manage and award financial assistance to a  nonprofit organization, council of governments, countywide authority, a metropolitan planning organization, local government, special district, joint powers authority,   city, county, special district, nonprofit organization, council of governments, metropolitan planning organization,  or entity formed under a joint powers agreement. The bill would provide that  grants   financial assistance  shall be awarded for those specified activities. 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 75120 of the   Public Resources Code   is amended to read:  75120. For purposes of this chapter, the following definitions shall apply: (a) "Council" means the Strategic Growth Council established pursuant to Section 75121.  (b) "Financial assistance" means any of the following:   (1) A revolving loan.   (2) A grant, only if the applicant lacks the fiscal capacity to carry out the project without a grant in accordance with criteria developed pursuant to paragraph (2) of subdivision (d) of Section 75125.   (3) For purposes of Section 75128, planning incentives as provided pursuant to subdivision (c) of Section 75065.   (b)   (c)  "Regional plan" means either of the following: (1) A long-range transportation plan developed pursuant to Section 134(g) of Title 23 of the United States Code and any applicable state requirements. (2) A regional blueprint plan, which is a regional plan that implements statutory requirements intended to foster comprehensive planning as defined in Section 65041.1 of, Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of, and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of, the Government Code. A regional blueprint plan articulates regional consensus and performance outcomes on a more efficient land use pattern that supports improved mobility and reduces dependency on single-occupancy vehicle trips; accommodates an adequate supply of housing for all income levels; reduces impacts on valuable farmland, natural resources, and air quality, including the reduction of greenhouse gas emissions, increases water and energy conservation and efficiency; and promotes a prosperous economy and safe, healthy, sustainable, and vibrant neighborhoods.  SECTION 1.   SEC. 2.  Section 75125 of the Public Resources Code is amended to read: 75125. The council shall do all of the following: (a) Identify and review activities and funding programs of member state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), address climate change impacts, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code. (b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065. (c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities. (d) Provide guidelines and distribute data and information to local governments and regional agencies that will assist in developing and implementing climate change adaptation strategies, projects, or activities that do all of the following: (1) Protect  , conserve, restore,  or enhance natural ecosystem functions. (2) Use  effective nonstructural  approaches to protect communities, including practices that utilize, enhance, or mimic natural processes and functions. (3) Avoid environmental degradation and emission of greenhouse gases. (e) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following: (1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration. (2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project. (3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board. (4) Provide for the time period for repaying a loan made pursuant to this article. (5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means. (6) Provide technical assistance for application preparation. (7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. (f) No later than July 1, 2010, and every year thereafter, provide a report to the Legislature that shall include, but is not limited to, all of the following: (1) A list of applicants for financial assistance. (2) Identification of which applications were approved. (3) The amounts awarded for each approved application. (4) The remaining balance of available funds. (5) A report on the proposed or ongoing management of each funded project. (6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.  SEC. 2.   SEC. 3.  Section 75129 of the Public Resources Code is amended to read: 75129. (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a  city, county, special district,  nonprofit organization, council of governments,  countywide authority,  metropolitan planning organization,  local government, special district, joint powers authority,  or entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government Code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant.  Grants   Financial assistance  shall be awarded for the preparation, planning, and implementation of an urban greening project that provides multiple benefits, including, but not limited to, a decrease in air and water pollution, a reduction in the consumption of natural resources and energy, an increase in the reliability of local water supplies, or an increased adaptability to climate change. An eligible project funded pursuant to this section shall not include a mitigation action that is required under existing law. The financial assistance provided pursuant to this section shall be funded from moneys made available pursuant to subdivision (a) of Section 75065. (b) The council shall develop minimum requirements for funding eligible projects pursuant to this section, which shall require a project to meet at least one of the following criteria: (1) Use natural systems, or systems that mimic natural systems, to achieve the benefits identified in subdivision (a). (2) Create, enhance, or expand community green spaces. (c) The multiple benefits of a project, may include, but are not limited to, the establishment or enhancement of one or more of the following: (1) Tree canopy. (2) Urban forestry. (3) Local parks and open space. (4) Greening of existing public lands and structures, including schools. (5) Multi-objective stormwater projects, including construction of permeable surfaces and collection basins and barriers. (6) Urban streams, including restoration. (7) Community, demonstration, or outdoor education gardens and orchards. (8) Urban heat island mitigation and energy conservation efforts through landscaping and green roof projects. (9) Nonmotorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools. (d) The council shall give additional consideration to a funding project pursuant to this section that meets one or more of the following criteria: (1) The project uses interagency cooperation and integration. (2) The project uses existing public lands and facilitates use of public resources and investments including schools. (3) The project is proposed by an economically disadvantaged community. (e) Up to 25 percent of the moneys allocated pursuant to subdivision (a) of Section 75065 may be used to award  revolving loans or grants   financial assistance  to a  city, county,   special district,  nonprofit organization, council of governments,  countywide authority,  metropolitan planning organization,  local government, special district, joint powers authority,  or entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government Code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant.  Grants   Financial assistance  shall be awarded for the purpose of creating urban greening plans that will serve as the master document guiding and coordinating greening projects in the applicant's jurisdiction. These urban greening plans shall be consistent with the jurisdiction's general plan or regional plan, where one exists.