BILL NUMBER: SB 1268 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2014
AMENDED IN SENATE APRIL 22, 2014
INTRODUCED BY Senator Beall
FEBRUARY 21, 2014
An act to add Chapter 4.3 (commencing with Section 39740) to Part
2 of Division 26 of the Health and Safety Code, relating to
greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
SB 1268, as amended, Beall. Natural Resources Climate Improvement
Program.
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 state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020. The act 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 from the auction or sale of
allowances 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 requires the Department of Finance,
in consultation with the state board and any other relevant state
agency, to develop, as specified, a 3-year investment plan for the
moneys deposited in the Greenhouse Gas Reduction Fund.
This bill would establish the Natural Resources Climate
Improvement Program, which would be administered by the state board,
in coordination with the Natural Resources Agency, to assist in the
development and implementation of highly leveraged, regionally
integrated natural resources projects that maximize greenhouse gas
emissions reductions or sequestration. The bill would authorize
moneys from the Greenhouse Gas Reduction Fund to be available, upon
appropriation by the Legislature, to the state board to implement the
Natural Resources Climate Improvement Program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.3 (commencing with Section 39740) is added to
Part 2 of Division 26 of the Health and Safety Code, to read:
CHAPTER 4.3. NATURAL RESOURCES CLIMATE IMPROVEMENT PROGRAM
39740. (a) The Natural Resources Climate Improvement Program is
hereby established and shall be administered by the state board, in
coordination with the Natural Resources Agency, to assist in the
development and implementation of highly leveraged, regionally
integrated natural resources projects that maximize greenhouse gas
emissions reductions or sequestration.
(b) Moneys from the Greenhouse Gas Reduction Fund
Fund, created pursuant to Section 16428.8 of the
Government Code, shall be available, upon appropriation by the
Legislature, to the state board to implement this chapter.
39741. (a) The state board, in coordination with the Natural
Resources Agency, shall develop guidelines for the implementation of
this chapter consistent with the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500)) and the
Greenhouse Gas Reduction Fund Investment Plan and Communities
Revitalization Act (Chapter 4.1 (commencing with Section 39710)).
(b) The guidelines adopted pursuant to subdivision (a) shall do
all of the following:
(1) Ensure that project investments funded pursuant to this
chapter utilize consistent accounting and modeling approaches to
estimate and monitor greenhouse gas emissions and reductions over
time.
(2) Promote innovative natural resources projects that protect
existing greenhouse gas emissions sinks or assist with the
enhancement of other climate-related projects in the transportation
and energy sectors that can be replicated regionally.
sinks.
(3) Promote projects based on the potential to increase climate
benefits and reduce extreme weather events, including, but not
limited to, the risk of fire, flood, water supply, sea-level rise,
and urban heat island effect associated with climate change.
(4)
(3) Promote projects that assist the state in reaching
its climate goals beyond 2020, consistent with Sections 38550 and
38551.
(5)
(4) Prioritize projects that are consistent with, and
assist in, the implementation of county or regional land use
greenhouse gas emissions reduction plans or programs, including, but
not limited to, any of the following:
(A) A sustainable communities strategy, adopted pursuant to
Section 65080 of the Government Code.
(B) A local or regional plan to reduce greenhouse gas emissions.
(C) A local or regional climate adaptation plan.
(D) A natural community conservation plan and a habitat
conservation plan.
(6)
(5) Ensure projects are consistent with Section 39716.
(7)
(6) Promote investments in projects that include
cobenefits, including, but not limited to, state and federal
air quality goals. either of the following:
(A) Climate adaptation or climate change resilience.
(B) State and federal air quality goals.
(8)
(7) Ensure projects funded pursuant to this chapter
maximize benefits from moneys appropriated, provide
environmental benefits, create jobs for residents, and do not
conflict with other areas of law.
(9)
(8) Promote the use of the best climate science and
greenhouse gas emissions reduction analytics.
(10)
(9) Promote project consistency with the 2009
California Climate Adaptation Strategy and its most recent update,
adopted pursuant to Executive Order S-13-2008.
(11)
(10) Provide for public participation in the development
and adoption of any new grant programs implemented pursuant to this
chapter.
(12)
(11) Require any new grant programs implemented
pursuant to this chapter to be consistent with and recognize the
existing jurisdictions of the implementing agencies.
(12) Ensure greenhouse gas emissions reductions resulting from
projects funded pursuant to this chapter are not sold as offsets
through any market-based compliance mechanism that might be adopted
by the state board pursuant to the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500)).
(13) Ensure projects funded pursuant to this chapter are selected
through a competitive process that is based on greenhouse gas
emissions reductions and that also considers project cobenefits.
39742. To provide greater coordination among state agencies,
boards, and departments, the Natural Resources Agency, in
coordination with the state board, shall do all of
, to the extent these activities facilitate the achievement of
greenhouse gas emissions reduc tions, the following:
(a) Provide annual updates to the Strategic Growth
Council on critical issues related to climate change.
(b) Identify and notify state conservancies and the Wildlife
Conservation Board regarding major infrastructure projects that would
impact project planning and implementation.
the planning and implementation of projects funded pursuant to this
chapter.
(c) Identify and conduct climate research to assist with the state'
s understanding on how to reduce or sequester greenhouse gas
emissions in the natural resources sector.
(d) Promote state implementation of the Climate Adaptation
Strategy, adopted pursuant to Executive Order S-13-2008.
(e) Provide technical assistance grants to project applicants from
disadvantaged communities applying for funding from the state
conservancies or the Wildlife Conservation Board.
39743. (a) State conservancies and the Wildlife Conservation
Board shall identify, develop, and implement projects within their
jurisdictions consistent with the guidelines developed pursuant to
this chapter, including, but not limited to, any of the following:
(1) Management and restoration of public lands to increase carbon
sequestration and reduce greenhouse gas emissions.
(2) Development and implementation of projects and programs that
encourage or provide incentives for increased carbon sequestration or
reduced greenhouse gas emissions related to the use or management of
natural resources on private lands.
(3) Provide incentives for the protection of agricultural and open
space lands to reduce greenhouse gas emissions and preserve carbon
sequestration potential.
(4) Fund investments in projects that use natural systems,
including, but not limited to, forests, wetlands, sustainable
agriculture, and urban forests, to reduce greenhouse gas emissions or
increase the sequestration of carbon to mitigate the impacts of
greenhouse gas emissions and create greater climate resiliency.
(5) Fund the research and development of methods to increase
carbon sequestration and decrease greenhouse gas emissions related to
the use and management of natural resources and of methods to
measure and verify these climate benefits.
(6) Encourage the diversion of organic waste to bioenergy and
composting.
(b) In evaluating potential projects to be funded pursuant to this
chapter, the state conservancies and the Wildlife Conservation Board
shall give priority to projects that demonstrate one or more of the
following characteristics:
(1) Regional implementation.
(2) The ability to leverage additional public and private funding.
(3) The potential for cobenefits or multibenefit attributes.
(4) The potential for the project or program to be replicated.
(5) The use of existing programs.
(6) Consideration of geographic and socioeconomic issues.