Amended  IN  Assembly  April 25, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1262

Introduced by Assembly Member O’Donnell
(Coauthor: Assembly Member Rodriguez)(Coauthors: Assembly Members Bauer-Kahan, Medina, and Rodriguez)

February 21, 2019

An act to amend Section 39719 of, and to add Section 43011.7 to, the Health and Safety Code, relating to greenhouse gases, and making an appropriation therefor. vehicular air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 1262, as amended, O’Donnell. Greenhouse gas: California Sustainable Freight Action Plan and California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program. Plan.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law continuously appropriates 35% of the annual proceeds of the fund for transit, affordable housing, and sustainable communities programs, and 25% of the annual proceeds of the fund for certain components of a specified high-speed rail project.

The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, upon appropriation from the Greenhouse Gas Reduction Fund, funds zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies and related projects.

This bill, beginning in the 2019–20 fiscal year, would continuously appropriate 15% of the annual proceeds of the fund to the state board for the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program.

Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources.
Executive Order No. B-32-15 directed the Secretary of Transportation, the Secretary for Environmental Protection, and the Secretary of the Natural Resources Agency to lead other relevant state departments, including the State Air Resources Board, in developing an integrated action plan by July 2016 and to establish targets to improve freight efficiency, transition to zero-emission technologies, and increase the competitiveness of the state’s freight system. The California Sustainable Freight Action Plan was completed in response to Executive Order No. B-32-15.
This bill would, by January 1, 2021, and every 5 years thereafter, require would require, by January 1, 2021, and every 5 years thereafter, the state board, the Department of Transportation, the State Energy Resources Conservation and Development Commission, and the Governor’s Office of Business and Economic Development, in collaboration with relevant stakeholders, to update the California Sustainable Freight Action Plan, as provided.
Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 39719 of the Health and Safety Code is amended to read:
39719.

(a)The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712.

(b)To carry out a portion of the requirements of subdivision (a), the annual proceeds of the fund are continuously appropriated for the following:

(1)Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of the annual proceeds of the fund are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as follows:

(A)Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.

(B)Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code.

(C)Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds shall be expended for affordable housing, consistent with the provisions of that program.

(2)Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code:

(A)Acquisition and construction costs of the project.

(B)Environmental review and design costs of the project.

(C)Other capital costs of the project.

(D)Repayment of any loans made to the authority to fund the project.

(c)In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included.

(d)Beginning in the 2019–20 fiscal year, notwithstanding Section 13340 of the Government Code, 15 percent of the annual proceeds of the fund is hereby continuously appropriated, without regard to fiscal years, to the state board for the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, established pursuant to Section 39719.2.

SEC. 2.SECTION 1.

 Section 43011.7 is added to the Health and Safety Code, to read:

43011.7.
 (a) By January 1, 2021, and at least every five years thereafter, the state board, the Department of Transportation, the State Energy Resources Conservation and Development Commission, and the Governor’s Office of Business and Economic Development, in collaboration with relevant stakeholders, shall update the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15.
(b) As a part of the update, the targets established in the plan California Sustainable Freight Action Plan for freight efficiency, transition to zero-emission technologies, and increased competitiveness shall be revised and updated, as appropriate.
(c) The updates to the plan California Sustainable Freight Action Plan shall consider the following:
(1) Coordination of plans for the attainment of federal ambient air quality standards with relevant greenhouse gas emissions reduction goals.
(2) Identification of opportunities for the collaboration with other state agencies, districts, utility providers, and technology providers to implement the measures.
(3) Identification of priority actions that significantly reduce air pollution in low-income communities, as defined in Section 39713 39713, and disadvantaged communities, as identified pursuant to Section 39711.
(4) Identification of policies that provide advantages to fleets that reduce emissions of greenhouse gas gases earlier than required by law.
(5) Identification of actions to improve the efficiency of the freight system.
(6) Identification of actions to increase the economic competitiveness and growth of the freight and goods movement industry.