California 2021-2022 Regular Session

California Assembly Bill AB2419 Compare Versions

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1-Amended IN Senate June 09, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 19, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2419Introduced by Assembly Member Bryan(Coauthors: Assembly Members Cristina Garcia, Stone, Bennett, and Muratsuchi)(Coauthor: Senator Stern)February 17, 2022An act to add and repeal Part 3.2 (commencing with Section 71119) of Division 34 of the Public Resources Code, relating to environmental justice. LEGISLATIVE COUNSEL'S DIGESTAB 2419, as amended, Bryan. Environmental justice: federal Infrastructure Investment and Jobs Act: Justice40 Advisory Committee.Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.This bill would establish the Justice40 Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide submit a report to the Legislature, and to the council at a public meeting of the council, that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.(b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate. (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.(d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.(e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.(f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.(g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.(h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.(i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.(j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.(k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.(l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.(m) California is committed to being a leader in the push for a cleaner and more just future.SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.(2)(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3)(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4)(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.(5)(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6)(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.(7)(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8)(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(9)(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.(14) State agency means any agency, board, commission, department, or political subdivision of the state.(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:(A) At least one representative of a Native American tribal community.(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(C) A representative of a local or regional group that works on transportation equity.(D) A representative of an environmental justice organization.(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(F) At least one representative of a local or regional group that works with a low-income community. (G) A representative of a public sector labor union.(H) A representative from a labor union that represents building and construction trades.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
1+Amended IN Assembly May 19, 2022 Amended IN Assembly April 19, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2419Introduced by Assembly Member Bryan(Coauthors: Assembly Members Cristina Garcia, Stone, Bennett, and Muratsuchi)(Coauthor: Senator Stern)February 17, 2022An act to add and repeal Part 3.2 (commencing with Section 71119) of Division 34 of the Public Resources Code, relating to environmental justice. LEGISLATIVE COUNSEL'S DIGESTAB 2419, as amended, Bryan. Environmental justice: federal Infrastructure Investment and Jobs Act: Justice40 Oversight Advisory Committee.Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.This bill would establish the Justice40 Oversight Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide an interim report, and by December 31, 2027, to provide a final report, a report to the Legislature, and to the council at a public meeting of the council, on various subjects related to the expenditure of those federal funds. that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.(b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate. (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.(d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.(e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.(f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.(g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.(h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.(i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.(j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.(k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.(l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.(m) California is committed to being a leader in the push for a cleaner and more just future.SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:(A)Not less than eight members appointed by the Governor as follows:(i)(A) At least one representative of a Native American tribal community.(ii)(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(iii)(C) A representative of a local or regional group that works on transportation equity.(iv)(D) A representative of an environmental justice organization.(v)(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(vi)(F) At least one representative of a local or regional group that works with a low-income community. (vii)(G) A representative of a public sector labor union.(viii)(H) A representative from a labor union that represents building and construction trades.(B)Two members appointed as follows:(i)One public member appointed by the Speaker of the Assembly.(ii)One public member appointed by the Senate Committee on Rules.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.(k)(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(l)(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(m)(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
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3- Amended IN Senate June 09, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 19, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2419Introduced by Assembly Member Bryan(Coauthors: Assembly Members Cristina Garcia, Stone, Bennett, and Muratsuchi)(Coauthor: Senator Stern)February 17, 2022An act to add and repeal Part 3.2 (commencing with Section 71119) of Division 34 of the Public Resources Code, relating to environmental justice. LEGISLATIVE COUNSEL'S DIGESTAB 2419, as amended, Bryan. Environmental justice: federal Infrastructure Investment and Jobs Act: Justice40 Advisory Committee.Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.This bill would establish the Justice40 Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide submit a report to the Legislature, and to the council at a public meeting of the council, that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly May 19, 2022 Amended IN Assembly April 19, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2419Introduced by Assembly Member Bryan(Coauthors: Assembly Members Cristina Garcia, Stone, Bennett, and Muratsuchi)(Coauthor: Senator Stern)February 17, 2022An act to add and repeal Part 3.2 (commencing with Section 71119) of Division 34 of the Public Resources Code, relating to environmental justice. LEGISLATIVE COUNSEL'S DIGESTAB 2419, as amended, Bryan. Environmental justice: federal Infrastructure Investment and Jobs Act: Justice40 Oversight Advisory Committee.Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.This bill would establish the Justice40 Oversight Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide an interim report, and by December 31, 2027, to provide a final report, a report to the Legislature, and to the council at a public meeting of the council, on various subjects related to the expenditure of those federal funds. that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Amended IN Senate June 09, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 19, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 28, 2022
5+ Amended IN Assembly May 19, 2022 Amended IN Assembly April 19, 2022 Amended IN Assembly April 07, 2022 Amended IN Assembly March 28, 2022
66
7-Amended IN Senate June 09, 2022
87 Amended IN Assembly May 19, 2022
98 Amended IN Assembly April 19, 2022
109 Amended IN Assembly April 07, 2022
1110 Amended IN Assembly March 28, 2022
1211
1312 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1413
1514 Assembly Bill
1615
1716 No. 2419
1817
1918 Introduced by Assembly Member Bryan(Coauthors: Assembly Members Cristina Garcia, Stone, Bennett, and Muratsuchi)(Coauthor: Senator Stern)February 17, 2022
2019
2120 Introduced by Assembly Member Bryan(Coauthors: Assembly Members Cristina Garcia, Stone, Bennett, and Muratsuchi)(Coauthor: Senator Stern)
2221 February 17, 2022
2322
2423 An act to add and repeal Part 3.2 (commencing with Section 71119) of Division 34 of the Public Resources Code, relating to environmental justice.
2524
2625 LEGISLATIVE COUNSEL'S DIGEST
2726
2827 ## LEGISLATIVE COUNSEL'S DIGEST
2928
30-AB 2419, as amended, Bryan. Environmental justice: federal Infrastructure Investment and Jobs Act: Justice40 Advisory Committee.
29+AB 2419, as amended, Bryan. Environmental justice: federal Infrastructure Investment and Jobs Act: Justice40 Oversight Advisory Committee.
3130
32-Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.This bill would establish the Justice40 Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide submit a report to the Legislature, and to the council at a public meeting of the council, that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.
31+Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.This bill would establish the Justice40 Oversight Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide an interim report, and by December 31, 2027, to provide a final report, a report to the Legislature, and to the council at a public meeting of the council, on various subjects related to the expenditure of those federal funds. that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.
3332
3433 Existing law establishes the Strategic Growth Council consisting of specified state agency members and members of the public. Existing law requires the council, among other things, to 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.
3534
3635 The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nations infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative.
3736
38-This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.
37+This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.
3938
40-This bill would establish the Justice40 Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide submit a report to the Legislature, and to the council at a public meeting of the council, that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.
39+This bill would establish the Justice40 Oversight Advisory Committee in the council, as provided, to perform various actions related to the expenditure of those federal funds. The bill would require the committee, by December 31, 2024, to provide an interim report, and by December 31, 2027, to provide a final report, a report to the Legislature, and to the council at a public meeting of the council, on various subjects related to the expenditure of those federal funds. that identifies certain recommendations it has developed, including recommending projects under any covered program for federal funding. The bill would require the council, by December 31, 2027, to submit a report to the Legislature on the expenditure of federal funds and an evaluation of the state agencies success in meeting the requirements of the bill. The bill would provide that those provisions would be repealed by their own terms on a specified date.
4140
4241 ## Digest Key
4342
4443 ## Bill Text
4544
46-The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.(b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate. (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.(d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.(e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.(f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.(g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.(h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.(i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.(j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.(k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.(l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.(m) California is committed to being a leader in the push for a cleaner and more just future.SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.(2)(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3)(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4)(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.(5)(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6)(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.(7)(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8)(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(9)(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.(14) State agency means any agency, board, commission, department, or political subdivision of the state.(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:(A) At least one representative of a Native American tribal community.(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(C) A representative of a local or regional group that works on transportation equity.(D) A representative of an environmental justice organization.(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(F) At least one representative of a local or regional group that works with a low-income community. (G) A representative of a public sector labor union.(H) A representative from a labor union that represents building and construction trades.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
45+The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.(b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate. (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.(d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.(e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.(f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.(g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.(h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.(i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.(j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.(k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.(l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.(m) California is committed to being a leader in the push for a cleaner and more just future.SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:(A)Not less than eight members appointed by the Governor as follows:(i)(A) At least one representative of a Native American tribal community.(ii)(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(iii)(C) A representative of a local or regional group that works on transportation equity.(iv)(D) A representative of an environmental justice organization.(v)(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(vi)(F) At least one representative of a local or regional group that works with a low-income community. (vii)(G) A representative of a public sector labor union.(viii)(H) A representative from a labor union that represents building and construction trades.(B)Two members appointed as follows:(i)One public member appointed by the Speaker of the Assembly.(ii)One public member appointed by the Senate Committee on Rules.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.(k)(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(l)(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(m)(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
4746
4847 The people of the State of California do enact as follows:
4948
5049 ## The people of the State of California do enact as follows:
5150
5251 SECTION 1. The Legislature finds and declares all of the following:(a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.(b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate. (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.(d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.(e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.(f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.(g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.(h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.(i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.(j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.(k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.(l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.(m) California is committed to being a leader in the push for a cleaner and more just future.
5352
5453 SECTION 1. The Legislature finds and declares all of the following:(a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.(b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate. (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.(d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.(e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.(f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.(g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.(h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.(i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.(j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.(k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.(l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.(m) California is committed to being a leader in the push for a cleaner and more just future.
5554
5655 SECTION 1. The Legislature finds and declares all of the following:
5756
5857 ### SECTION 1.
5958
6059 (a) On January 27, 2021, President Biden signed Executive Order 14008, which established the federal Justice40 Initiative with the goal of delivering 40 percent of the overall benefits of relevant federal investments to disadvantaged communities.
6160
6261 (b) On May 28, 2021, the White House Environmental Justice Advisory Committee submitted its final recommendations on the federal Justice40 Initiative to President Biden. This included the request that there must be a transformative and accountable process developed for the fair and just distribution of 40% or more of the benefits to be invested in frontline communities. Otherwise, the investment will not reach frontline communities, given the bias and ambivalence of many state and local governments, and the systemic racial bias, inertia, and resistance to change that we must never underestimate.
6362
6463 (c) On November 15, 2021, President Biden signed into law the federal Infrastructure Investment and Jobs Act (Public Law 117-58), hereinafter IIJA.
6564
6665 (d) On the same day, President Biden also signed Executive Order 14052, which was published on November 18, 2021, stating that implementation of the IIJA should prioritize investing public dollars equitably, including through the [federal] Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of overall benefits from Federal investments in climate change and clean energy flow to disadvantaged communities.
6766
6867 (e) Throughout the history of the United States, racist infrastructure policies and investments have cemented inequities in housing, education, economic opportunity, health, and environmental pollution. These inequities lock millions of Americans out of prosperity and opportunity, nowhere more so than in low-income communities of color.
6968
7069 (f) California has its own legacy of creating, upholding, or exacerbating inequities through infrastructure investments. Californias highway system was often built in ways that broke up Black, Indigenous, and people of color communities, forcing the destruction of homes and displacing residents.
7170
7271 (g) Equity should be a primary consideration in determining how to spend billions of dollars in infrastructure investments to deliver jobs and other benefits where they are needed most.
7372
7473 (h) This is a historic moment to seize the opportunities provided by the IIJA and the federal Justice40 Initiative to reverse inequities and build a new vision of infrastructure as the foundation for an inclusive society.
7574
7675 (i) States must play a crucial role in achieving the goals of the federal Justice40 Initiative by ensuring that these investments target and benefit disadvantaged communities, especially those harmed by the long history of inequitable and racist policies.
7776
7877 (j) On September 1, 2021, Governor Newsom joined a group of 10 governors to submit a letter to Congressional leaders requesting that any infrastructure package ensure 40 percent of the benefits of climate and clean infrastructure investments are directed to disadvantaged communities and invests in rural communities and communities impacted by the market-based transition to clean energy.
7978
8079 (k) Californias disadvantaged communities need significant improvements in the areas of public transit, broadband access, water systems, and climate resilience throughout the state.
8180
8281 (l) Committing to the federal Justice40 Initiative could help provide, among other things, better and less polluting public transit, reliable and affordable high-speed internet access, and clean drinking water to those communities.
8382
8483 (m) California is committed to being a leader in the push for a cleaner and more just future.
8584
86-SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.(2)(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3)(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4)(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.(5)(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6)(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.(7)(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8)(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(9)(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.(14) State agency means any agency, board, commission, department, or political subdivision of the state.(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:(A) At least one representative of a Native American tribal community.(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(C) A representative of a local or regional group that works on transportation equity.(D) A representative of an environmental justice organization.(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(F) At least one representative of a local or regional group that works with a low-income community. (G) A representative of a public sector labor union.(H) A representative from a labor union that represents building and construction trades.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
85+SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:(A)Not less than eight members appointed by the Governor as follows:(i)(A) At least one representative of a Native American tribal community.(ii)(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(iii)(C) A representative of a local or regional group that works on transportation equity.(iv)(D) A representative of an environmental justice organization.(v)(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(vi)(F) At least one representative of a local or regional group that works with a low-income community. (vii)(G) A representative of a public sector labor union.(viii)(H) A representative from a labor union that represents building and construction trades.(B)Two members appointed as follows:(i)One public member appointed by the Speaker of the Assembly.(ii)One public member appointed by the Senate Committee on Rules.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.(k)(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(l)(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(m)(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
8786
8887 SEC. 2. Part 3.2 (commencing with Section 71119) is added to Division 34 of the Public Resources Code, to read:
8988
9089 ### SEC. 2.
9190
92-PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.(2)(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3)(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4)(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.(5)(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6)(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.(7)(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8)(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(9)(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.(14) State agency means any agency, board, commission, department, or political subdivision of the state.(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:(A) At least one representative of a Native American tribal community.(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(C) A representative of a local or regional group that works on transportation equity.(D) A representative of an environmental justice organization.(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(F) At least one representative of a local or regional group that works with a low-income community. (G) A representative of a public sector labor union.(H) A representative from a labor union that represents building and construction trades.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
91+PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:(A)Not less than eight members appointed by the Governor as follows:(i)(A) At least one representative of a Native American tribal community.(ii)(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(iii)(C) A representative of a local or regional group that works on transportation equity.(iv)(D) A representative of an environmental justice organization.(v)(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(vi)(F) At least one representative of a local or regional group that works with a low-income community. (vii)(G) A representative of a public sector labor union.(viii)(H) A representative from a labor union that represents building and construction trades.(B)Two members appointed as follows:(i)One public member appointed by the Speaker of the Assembly.(ii)One public member appointed by the Senate Committee on Rules.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.(k)(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(l)(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(m)(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
9392
94-PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.(2)(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3)(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4)(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.(5)(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6)(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.(7)(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8)(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(9)(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.(14) State agency means any agency, board, commission, department, or political subdivision of the state.(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:(A) At least one representative of a Native American tribal community.(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(C) A representative of a local or regional group that works on transportation equity.(D) A representative of an environmental justice organization.(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(F) At least one representative of a local or regional group that works with a low-income community. (G) A representative of a public sector labor union.(H) A representative from a labor union that represents building and construction trades.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
93+PART 3.2. California Justice40 Act71119. This part shall be known, and may be cited, as the California Justice40 Act.71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:(A)Not less than eight members appointed by the Governor as follows:(i)(A) At least one representative of a Native American tribal community.(ii)(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(iii)(C) A representative of a local or regional group that works on transportation equity.(iv)(D) A representative of an environmental justice organization.(v)(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(vi)(F) At least one representative of a local or regional group that works with a low-income community. (vii)(G) A representative of a public sector labor union.(viii)(H) A representative from a labor union that represents building and construction trades.(B)Two members appointed as follows:(i)One public member appointed by the Speaker of the Assembly.(ii)One public member appointed by the Senate Committee on Rules.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.(k)(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(l)(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(m)(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
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9695 PART 3.2. California Justice40 Act
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9897 PART 3.2. California Justice40 Act
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10099 71119. This part shall be known, and may be cited, as the California Justice40 Act.
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104103 71119. This part shall be known, and may be cited, as the California Justice40 Act.
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106-71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.(2)(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3)(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4)(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.(5)(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6)(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.(7)(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8)(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(9)(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.(14) State agency means any agency, board, commission, department, or political subdivision of the state.(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:(A) At least one representative of a Native American tribal community.(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(C) A representative of a local or regional group that works on transportation equity.(D) A representative of an environmental justice organization.(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(F) At least one representative of a local or regional group that works with a low-income community. (G) A representative of a public sector labor union.(H) A representative from a labor union that represents building and construction trades.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
105+71119.1. (a) For purposes of this section, the following definitions apply:(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121. (3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:(A) Climate change.(B) Clean energy and energy efficiency.(C) Clean transportation.(D) Affordable and sustainable housing.(E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.(F) Remediation and reduction of legacy pollution.(G) Critical clean water and waste infrastructure.(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.(2) Recommend projects under any covered program for federal funding.(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:(A)Not less than eight members appointed by the Governor as follows:(i)(A) At least one representative of a Native American tribal community.(ii)(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.(iii)(C) A representative of a local or regional group that works on transportation equity.(iv)(D) A representative of an environmental justice organization.(v)(E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.(vi)(F) At least one representative of a local or regional group that works with a low-income community. (vii)(G) A representative of a public sector labor union.(viii)(H) A representative from a labor union that represents building and construction trades.(B)Two members appointed as follows:(i)One public member appointed by the Speaker of the Assembly.(ii)One public member appointed by the Senate Committee on Rules.(2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.(k)(j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.(l)(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).(3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.(4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).(m)(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
107106
108107
109108
110109 71119.1. (a) For purposes of this section, the following definitions apply:
111110
112-(1) Committee means the Justice40 Advisory Committee established pursuant to subdivision (h).
111+(1) Committee means the Justice40 Oversight Advisory Committee established pursuant to subdivision (i). (h).
113112
114-(2) Construction means construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.
113+(2) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121.
115114
116-(2)
117-
118-
119-
120-(3) Council means the Strategic Growth Council established pursuant to subdivision (a) of Section 75121.
121-
122-(3)
123-
124-
125-
126-(4) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:
115+(3) Covered program means a federal government program, as outlined in the Interim Implementation Guidance for the Justice40 Initiative (Justice40 Initiative) released by the Office of Management and Budget (M-21-28), that makes covered investment benefits in one or more of the following areas:
127116
128117 (A) Climate change.
129118
130119 (B) Clean energy and energy efficiency.
131120
132121 (C) Clean transportation.
133122
134123 (D) Affordable and sustainable housing.
135124
136125 (E) Training and workforce development related to climate, natural disasters, environment, clean energy, clean transportation, housing, water and wastewater infrastructure, and legacy pollution reduction, including in energy communities.
137126
138127 (F) Remediation and reduction of legacy pollution.
139128
140129 (G) Critical clean water and waste infrastructure.
141130
142-(4)
131+(4) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.
132+
133+(5) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).
134+
135+(6) Federal funds means moneys received by the state under the federal act and other federal moneys for covered programs that fall under the Justice40 Initiative.
136+
137+(7) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.
138+
139+(8) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.
140+
141+(9) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. Code or an alternate definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment.
142+
143+(b) (1) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities in the state.
144+
145+(2) In administrating federal funds appropriated by the Legislature, a state agency shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.
146+
147+(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b). (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use.
148+
149+(d) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committee Committees of each house of the Legislature on on, and make available to the public the update on its internet website, how the state agency is meeting implementing the requirements of subdivision (b) (b), how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.
150+
151+(e) All investments of federal funds shall avoid It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.
152+
153+(f) All investments of federal funds shall maximize It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.
154+
155+(g) A state agency administering federal funds appropriated by the Legislature shall shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:
156+
157+(1) Maximize benefits for disadvantaged communities, low-income households, and low-income communities in alignment with the framework established by the investment plan developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code.
158+
159+(2) Conduct, or participate in, outreach and engagement and require qualifying projects to with disadvantaged communities and low-income communities and prioritize projects that demonstrate community support to improve funding accessibility and to maximize participation by, and benefits to, disadvantaged communities, low-income communities, and low-income households. support.
160+
161+(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.
162+
163+(4)Annually report on, and make available to the public, the state agencys activities and progress toward meeting the requirements of subdivision (b), including implementing the committees recommendations once released, the use of federal funds for projects, the total amount of federal funds disbursed, the entities that received federal funds, and the projects funded by the federal funds.
143164
144165
145166
146-(5) Disadvantaged community means a community identified as disadvantaged pursuant to Section 39711 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).
167+(h) The Justice40 Oversight Advisory Committee is hereby established in the Strategic Growth Council to Council. The committee may do all of the following:
147168
148-(6) Disadvantaged unincorporated community has the same meaning as defined in Section 65302.10 of the Government Code.
169+(1) Identify infrastructure deficiencies in disadvantaged communities and low-income communities throughout the state.
149170
150-(5)
171+(2) Recommend projects under any covered program for federal funding.
172+
173+(3) Recommend climate and labor standards for projects that receive federal funds. guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.
174+
175+(i) (1) The committee shall consist of the following members: not less than eight members appointed by the council as follows:
176+
177+(A)Not less than eight members appointed by the Governor as follows:
151178
152179
153180
154-(7) Federal act means the federal Infrastructure Investment and Jobs Act (Public Law 117-58).
155-
156-(6)
181+(i)
157182
158183
159184
160-(8) Federal funds means moneys received by the state under the federal act for any programs and other federal moneys for covered programs that fall under the Justice40 Initiative.
185+(A) At least one representative of a Native American tribal community.
161186
162-(9) Historically used means a definition that a state agency has used to allocate funding, resources, or technical assistance for a given program and has either given the public the opportunity to submit public comment on the definition or has been codified in statute or adopted through program guidelines or regulatory processes.
163-
164-(7)
187+(ii)
165188
166189
167190
168-(10) Infrastructure means all sectors included in the federal act, including, but not limited to, transportation, water, energy, broadband, and resilience and rehabilitation of the nations natural resources.
191+(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.
169192
170-(8)
193+(iii)
171194
172195
173196
174-(11) Low-income communities are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).
197+(C) A representative of a local or regional group that works on transportation equity.
175198
176-(9)
199+(iv)
177200
178201
179202
180-(12) Low-income households are those with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code or an alternate alternative definition historically used by a state agency for its programs to equitably reach communities, geographic areas, or individuals most in need of investment. authorized pursuant to paragraph (3) of subdivision (b).
203+(D) A representative of an environmental justice organization.
181204
182-(13) Project labor agreement has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
205+(v)
183206
184-(14) State agency means any agency, board, commission, department, or political subdivision of the state.
185207
186-(b) (1) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of 40 percent of those funds to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities in the state.
187-
188-(2) In administrating administering federal funds appropriated by the Legislature, a state agency shall, to the extent applicable and not in conflict with federal law and funding guidelines, allocate a minimum of an additional 10 percent of those funds to projects that provide direct benefits to low-income households in the state or to projects that provide direct benefits to low-income communities in the state. This paragraph does not apply to funds that are subject to a state agencys definition of disadvantaged community that is based only on household income level.
189-
190-(3) To equitably reach communities, geographic areas, or individuals most in need of investment, a state agency may use an alternative definition for disadvantaged community, low-income communities, and low-income households that the state agency has historically used for the type of program that is similar to the program for which federal funds are sought.
191-
192-(c) When a state agency makes a budget request to the Legislature to expend federal funds for a covered program, funds, the state agency shall submit to the appropriate subcommittees of the Budget Committees of each house of the Legislature a plan on how the state agency will meet the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency intends to use. If the state agency is using an alternative definition for a program for which federal funds are appropriated, the state agency shall post the alternative definition on its internet website.
193-
194-(d) (1) Each state agency receiving federal funds appropriated by the Legislature in the annual Budget Act shall annually provide an update to the appropriate subcommittees of the Budget Committees of each house of the Legislature on, and make available to the public the update on its internet website, how the state agency is implementing the requirements of subdivision (b), including the definitions of disadvantaged community, low-income households, and low-income communities the state agency used, how the state agency is considering the committees recommendations once released, and the entities or projects that received federal funds, until the appropriated moneys are fully expended.
195-
196-(2) A state agency using an alternative definition pursuant to paragraph (3) of subdivision (b) shall solicit public comment on the annual update provided and posted pursuant to paragraph (1) by providing a minimum of a 30-day comment period and holding at least one public hearing with a minimum 14-day notice.
197-
198-(e) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency avoids substantial burdens to disadvantaged communities, disadvantaged unincorporated communities, low-income communities, and low-income households, including physical or economic displacement of low-income households and small businesses in disadvantaged communities and low-income communities, increased local exposure to toxics or other health risks, or other substantial economic, environmental, or public health burdens.
199-
200-(f) (1) It is the intent of the Legislature that each state agency receiving federal funds appropriated by the Legislature should, to the best of its ability and to the extent applicable and not in conflict with federal law or funding guidelines, ensure that any federal funds administered by that state agency maximizes economic cobenefits by including labor and workforce standards, and give preference to projects that include wage standards, targeted hire provisions for disadvantaged and underrepresented workers, project labor agreements, community workforce agreements, and community benefits agreements.
201-
202-(2) To the extent permitted by federal law, federal funds may be allocated or used to support a construction project that will cost in excess of five million dollars ($5,000,000) only if the construction work will be performed pursuant to a project labor agreement that includes provisions to encourage apprenticeship training and the hiring of disadvantaged workers.
203-
204-(g) A state agency administering federal funds appropriated by the Legislature shall, to the extent applicable and not in conflict with federal law and funding guidelines, do all of the following:
205-
206-(1) Maximize benefits Provide direct, meaningful, and assured benefits that address an important community need for disadvantaged communities, disadvantaged unincorporated communities, low-income households, and low-income communities in alignment with the framework established by the investment plan Funding Guidelines for Agencies that Administer California Climate Investments developed by the State Air Resources Board pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 Section 39715 of the Health and Safety Code.
207-
208-(2) Conduct, or participate in, outreach and engagement with disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities and prioritize projects that demonstrate community support.
209-
210-(3) Consider a projects potential impacts on goals that include, but are not limited to, advancing environmental justice, reducing emissions of greenhouse gases, promoting climate adaptation and resilience, meaningfully consulting with and incorporating input from communities, promoting registered apprenticeship and preapprenticeship programs, and creating high-road jobs.
211-
212-(h) The Justice40 Advisory Committee is hereby established in the Strategic Growth Council. The committee may do all of the following:
213-
214-(1) Identify infrastructure deficiencies in disadvantaged communities communities, disadvantaged unincorporated communities, and low-income communities throughout the state.
215-
216-(2) Recommend projects under any covered program for federal funding.
217-
218-(3) Recommend guidelines for how state agencies can use federal funds to achieve better climate, labor, and equity outcomes.
219-
220-(i) (1) The committee shall consist of not less than eight members appointed by the council as follows:
221-
222-(A) At least one representative of a Native American tribal community.
223-
224-(B) At least one representative of a local or regional group that works on environmental issues affecting frontline communities.
225-
226-(C) A representative of a local or regional group that works on transportation equity.
227-
228-(D) A representative of an environmental justice organization.
229208
230209 (E) At least one representative of an equity- or racial justice-focused organization that works with a disadvantaged community.
231210
211+(vi)
212+
213+
214+
232215 (F) At least one representative of a local or regional group that works with a low-income community.
216+
217+(vii)
218+
219+
233220
234221 (G) A representative of a public sector labor union.
235222
223+(viii)
224+
225+
226+
236227 (H) A representative from a labor union that represents building and construction trades.
228+
229+(B)Two members appointed as follows:
230+
231+
232+
233+(i)One public member appointed by the Speaker of the Assembly.
234+
235+
236+
237+(ii)One public member appointed by the Senate Committee on Rules.
238+
239+
237240
238241 (2) Committee members shall serve on the committee without compensation, but may be reimbursed for their actual expenses incurred in connection with their duties as members of the committee.
239242
243+(j)Each state agency receiving federal funds appropriated by the Legislature shall provide to the council information in the report specified in paragraph (4) of subdivision (g). The council shall make that information available to the committee and to the public on the councils internet website.
244+
245+
246+
247+(k)
248+
249+
250+
240251 (j) A state agency administering federal funds shall coordinate with the councils Community Assistance for Climate Equity Program to assist communities in applying for, and accessing, federal funds for infrastructure projects.
241252
242-(k) (1) On or before December 31, 2024, the committee shall submit a report to the Legislature, and to the council at a public meeting of the council, that identifies any recommendations it has developed pursuant to subdivision (h).
253+(l)
243254
244-(2) On or before December 31, 2027, the council shall submit a report to the Legislature on the expenditure of federal funds and an evaluation of state agencies success in meeting the requirements of subdivision (b).
255+
256+
257+(k) (1) On or before December 31, 2024, the committee shall submit an interim a report to the Legislature, and to the council at a public meeting of the council, that identifies infrastructure deficiencies in disadvantaged communities, recommends infrastructure projects, provides agency guidelines on the climate and labor standards developed pursuant to paragraph (3) of subdivision (i), and reports on the expenditure of federal funds. any recommendations it has developed pursuant to subdivision (h).
258+
259+(2) On or before December 31, 2027, the committee council shall submit a final report to the Legislature, and to the council at a public meeting of the council, Legislature on the expenditure of federal funds and that includes an evaluation of state agencies success in meeting the climate and labor standards developed pursuant to paragraph (3) of subdivision (i). requirements of subdivision (b).
245260
246261 (3) The reports submitted to the Legislature pursuant to paragraphs (1) and (2) shall be submitted in accordance with Section 9795 of the Government Code.
247262
248263 (4) The council shall make available to the public on its internet website the reports required pursuant to paragraphs (1) and (2).
249264
250-(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.
265+(m)
266+
267+
268+
269+(l) This part shall remain in effect only until January 1, 2031, or January 1 of the year following the date of the submission of the final report, report required pursuant to paragraph (2) of subdivision (k), whichever is earlier, and as of that date is repealed.