Bill Text: CA SB760 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Distressed watershed: urban greening.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB760 Detail]

Download: California-2015-SB760-Amended.html

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BILL NUMBER: SB 760	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 27, 2015

   An act to add Division 45 (commencing with Section 75500) to the
Public Resources Code, relating to climate change.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 760, as amended, Mendoza. Disadvantaged Community Enhancement
Act of 2015.
   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 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 by the Legislature.
   Existing law establishes the Strategic Growth Council consisting
of specified members and requires the council to, among other things,
develop and administer the Affordable Housing and Sustainable
Communities Program to reduce greenhouse gas emissions through
projects that implement land use, housing, transportation, and
agricultural land preservation practices to support infill and
compact development and that support other related and coordinated
public policy objectives.
   This bill would require the council to develop and implement the
Disadvantaged Community Enhancement Program to award grants to
disadvantaged communities, as defined, to facilitate projects for
community enhancement improvements that reduce greenhouse gas
emissions in furtherance of the goals of the California Global
Warming Solutions Act of 2006 and that provide to 
disadvantaged communities   eligible applicants 
multiple environmental benefits. The bill would authorize the
council, upon appropriation by the Legislature, to expend moneys in
the fund to implement the program.  The bill would require the
State Air Resources Board to determine a methodology for quantifying
carbon reduction benefits of proposed projects and the community
enhancement improvements. 
   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.  Division 45 (commencing with Section 75500) is added to
the Public Resources Code, to read:

      DIVISION 45.  Disadvantaged Community Enhancement



      PART 1.  General Provisions and Definitions


   75500.  This division shall be known, and may be cited as, the
Disadvantaged Community Enhancement Act of 2015.
   75501.  It is the intent of the Legislature, in enacting this
division, to provide additional funding opportunities to address
infrastructure challenges in California's most disadvantaged
communities and promote projects that provide for cobenefits that
address physical blight and  decencies  
deficiencies  while addressing climate change.
   75502.  For purposes of this division, the following terms mean
the following: 
   (a) "Active transportation program" means the program established
pursuant to Section 2380 of the Streets and Highway Code. 

   (a) 
    (b)  "Council" means the Strategic Growth Council
established pursuant to Section 75121. 
   (b) 
   (c)  "Disadvantaged community" means a community
identified as a disadvantaged community pursuant to Section 39711 of
the Health and Safety Code. 
   (d) "Eligible applicant" means a city, county, city and county,
special district, Native American tribe, state conservancy, or a
qualified nonprofit organization.  
   (c) 
    (e)  "Program" means the Disadvantaged Community
Enhancement Program established pursuant to Section 75510.

      PART 2.  Disadvantaged Community Enhancement Program


   75510.  The council shall develop and implement the Disadvantaged
Community Enhancement Program to award grants to disadvantaged
communities to facilitate projects for community enhancement
improvements that reduce greenhouse gas emissions in furtherance of
the goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code) and that provide to disadvantaged communities multiple
environmental benefits.
   75511.  Eligible community enhancement improvements include, but
are not limited to, any of the following: 
   (a) Water quality improvement.  
   (b) Groundwater, storage, recharge, or remediation. 

   (c) Storm water capture.  
   (a) Land acquisitions in urban settings of blighted or
contaminated properties serving little sequestration benefit for
greenspace conversion.  
   (d) 
    (b)  Urban greening projects including urban forestry
and landscaping. 
   (e) 
    (c)  Park development and land protection for passive or
active recreation. 
   (f) 
    (d)  Hardscape  conversions.  
conversions and repurposing   of lands to serve greenspace
benefits.  
   (g) 
    (e)  Nonmotorized trail and other active transportation
projects. 
   (h) 
    (f)  Heat island mitigation. 
   (i) 
    (g)  Planning of a sustainable community.
   75512.   (a)    The council shall award grants
to  eligible  applicants through a competitive process. In
prioritizing the award, the council shall consider  all
  both  of the  following factors 
 following: 
    (1)     Factors  of the community
benefiting from the  award:   award, including
all of the following:  
   (a) 
    (A)  The poverty rate. 
   (b) 
    (B)  The unemployment rate. 
   (c) 
    (C)  The childhood obesity rate and incidents of asthma.

   (d) 
    (D)  The availability of greenspace and venues for
physical activity. 
   (e) 
    (E)  The lack of nonmotorized  infrastructure.
  infrastructure supporting an active transportation
program.  
   (f) 
    (F)  The levels of air pollution. 
   (g) 
    (G)  The drinking water quality. 
   (h) 
    (H)  The groundwater quality, if applicable. 
   (2) The environmental benefits resulting from the project,
including, but not limited to, the following:  
   (A) Water quality improvement.  
   (B) Groundwater, storage, recharge, or remediation.  
   (C) Storm water capture.  
   (b) The council shall give priority to eligible applicants and
projects that are located wholly within distressed watershed areas
with significant populations and heavy concentrations of industrial
facilities and trade corridor activity. 
   75513.  (a) To receive a grant for a project pursuant to the
program,  a disadvantaged community   an
eligible applicant  shall submit an application, as prescribed
by the council, that contains information regarding the factors 
and environmental benefits  described in Section 75512.
   (b) In addition to subdivision (a), the applicant shall also
include in the application the following information:
   (1) A clear articulation on how the grant would be used to address
the factors  and provide the environmental benefits 
described in Section 75512.
   (2) The leveraging of other sources of funds to facilitate and
maximize the benefits from the proposed community enhancement
improvements.
   (3) A demonstration on how the community enhancement improvements
would assist the state in meeting the greenhouse gas emissions
reduction goals established pursuant to the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code.
   75514.  Awards made pursuant to this division shall not supplant
other sources of funding designed to benefit disadvantaged
communities. 
   75515.  For purposes of verifying carbon reduction benefits
resulting from the implementation of eligible projects, the State Air
Resources Board shall perform a study to determine a methodology for
quantifying carbon reduction benefits of proposed projects and the
community enhancement improvements specified in Section 75511. 

      PART 3.  Fiscal Provision


   75520.  The council may, upon appropriation by the Legislature,
expend moneys from the Greenhouse Gas Reduction Fund established
pursuant to Section 16428.8 of the Government Code to implement the
program.