Existing law establishes the Department of Community Services and Development and requires the department to administer, among other things, the federal Low-Income Home Energy Assistance Program. Existing law requires the department to develop and administer the Energy Efficiency Low-Income Weatherization Program and to expend moneys appropriated by the Legislature for the purposes of the program.

This bill would require the department to develop and administer the Agricultural Working Poor Energy Efficient Housing Program and to expend moneys appropriated by the Legislature for the purposes of the program to improve energy efficiency in farmworker-owned housing. The bill would require the department to report to the Legislature on the program with respect to balances and expenditures, households reached, demographics of the households reached, measures funded, and energy savings.

Existing law requires the Public Utilities Commission (PUC) to supervise certain low-income targeted energy efficiency programs administered by electrical corporations, gas corporations, or 3rd-party administrators, and requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various activities and administer various programs to promote energy efficiency.

This bill would require the department, in developing the Agricultural Working Poor Energy Efficient Housing Program, to consult with the PUC and the Energy Commission in order to ensure compatibility with the states energy policies and goals and to avoid duplication with of the energy efficiency programs supervised by those commissions.

Existing law establishes the Department of Community Services and Development and requires the department to administer, among other things, the federal Low-Income Home Energy Assistance Program. Existing law requires the department to develop and administer the Energy Efficiency Low-Income Weatherization Program and to expend moneys appropriated by the Legislature for the purposes of the program.

This bill would require the department to develop and administer the Agricultural Working Poor Energy Efficient Housing Program and to expend moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund for the purposes of the program to improve energy efficiency in farmworker-owned housing.

Existing law requires the Public Utilities Commission (PUC) to supervise certain low-income targeted energy efficiency programs administered by electrical corporations, gas corporations, or 3rd-party administrators, and requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various activities and administer various programs to promote energy efficiency.

This bill would require the department, in developing the Agricultural Working Poor Energy Efficient Housing Program, to consult with the PUC and the Energy Commission in order to avoid duplication with the energy efficiency programs supervised by those commissions.

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 in its regulation of greenhouse gases. 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 Department of Community Services and Development and requires the department to administer, among other things, the federal Low-Income Home Energy Assistance Program. Existing law requires the department to develop and administer the Energy Efficiency Low-Income Weatherization Program and to expend moneys appropriated by the Legislature for the purposes of the program.

This bill would require the department to develop and administer the Agricultural Working Poor Energy Efficient Housing Program and to expend moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund for the purposes of the program to improve energy efficiency in farmworker-owned housing.

Existing law requires the Public Utilities Commission (PUC) to supervise certain low-income targeted energy efficiency programs administered by electrical corporations, gas corporations, or 3rd-party administrators, and requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various activities and administer various programs to promote energy efficiency.

This bill would require the department, in developing the Agricultural Working Poor Energy Efficient Housing Program, to consult with the PUC and the Energy Commission in order to avoid duplication with the energy efficiency programs supervised by those commissions.

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 in its regulation of greenhouse gases. 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 Department of Community Services and Development and requires the department to administer, among other things, the federal Low-Income Home Energy Assistance Program. Existing law requires the department to develop and administer the Energy Efficiency Low-Income Weatherization Program and to expend moneys appropriated by the Legislature for the purposes of the program.

This bill would require the department to develop and administer the Agricultural Working Poor Energy Efficient Housing Program and to expend moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund for the purposes of the program. program to improve energy efficiency in farmworker-owned housing.

Existing law requires the Public Utilities Commission (PUC) to supervise certain low-income targeted energy efficiency programs administered by electrical corporations, gas corporations, or 3rd-party administrators. administrators, and requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various activities and administer various programs to promote energy efficiency.

This bill would require the department, in developing the Agricultural Working Poor Energy Efficient Housing Program, to consult with the commission PUC and the Energy Commission in order to avoid duplication with those the energy efficiency programs supervised by the commission. those commissions.

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 Department of Community Services and Development and requires the department to administer, among other things, the federal Low-Income Home Energy Assistance Program. Existing law requires the department to develop and administer the Energy Efficiency Low-Income Weatherization Program and to expend moneys appropriated by the Legislature for the purposes of the program.

This bill would require the department to develop and administer the Agricultural Working Poor Energy Efficient Housing Program and to expend moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund for the purposes of the program.

Existing law requires the Public Utilities Commission to supervise certain low-income targeted energy efficiency programs administered by electrical corporations, gas corporations, or 3rd-party administrators.

This bill would require the department, in developing the Agricultural Working Poor Energy Efficient Housing Program, to consult with the commission in order to avoid duplication with those energy efficiency programs supervised by the commission.

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 Department of Community Services and Development and requires the department to administer, among other things, the federal Low-Income Home Energy Assistance Program. Existing law requires the department to develop and administer the Energy Efficiency Low-Income Weatherization Program and to expend moneys appropriated by the Legislature for the purposes of the program.

This bill would require the department to develop and administer the Agricultural Working Poor Energy Efficient Housing Program and to expend moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund for the purposes of the program.

Existing law requires the Public Utilities Commission to supervise certain low-income targeted energy efficiency programs administered by electrical corporations, gas corporations, or 3rd-party administrators.

This bill would require the department, in developing the Agricultural Working Poor Energy Efficient Housing Program, to consult with the commission in order to avoid duplication with those energy efficiency programs supervised by the commission.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2715 (Eduardo Garcia) - Agricultural Working Poor Energy Efficient Housing Program

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2715 establishes the Agricultural Working Poor Energy Efficient Housing Program (Program), within the Department of Community Services and Development (CSD), to provide weatherization services to improve energy efficiency in farmworker housing.

Fiscal Impact:

2. Unknown costs pressures, likely in the $25 to $50 million range, to fund the Program. This bill does not specify a funding source.
3. Increased annual costs of approximately $100,000 to $600,000 for one to six permanent staff positions to create a unit within CSD to establish and administer the program.
4. Absorbable, costs for the California Public Utilities Commission (CPUC) and California Energy Commission (CEC) to advise CSD in developing the program.

Background:

Energy efficiency of farmworker housing. According to the sponsor, La Cooperative Campesina, California's 800,000 low-income farmworkers cannot afford to reduce their reliance on carbon intensive energy sources. Without additional resources and assistance, it will be especially difficult for farmworkers, who are very low-income because of seasonal employment and low wages, to make the expensive investments in retrofitting homes for increased energy efficiency, fuel-efficient cars, and other low carbon infrastructure and/or technologies. This bill provides a program specifically targeted towards making farmworker housing energy efficient.

Department of Community Services and Development energy assistance programs. CSD administers three of the energy assistance programs available to low-income Californians: the federal Low Income Home Energy Assistance Program (LIHEAP) and Weatherization Assistance Program (WAP), and the state-funded Low Income Weatherization Program (LIWP). Each of the three weatherization programs administered by CSD provides energy efficiency services to eligible low-income households, both homeowners and renters, by installing a range of weatherization upgrades to reduce energy usage, improve resident comfort and provide monetary savings to the residents. Residents are also educated on basic energy efficiency practices and on the proper use and maintenance of the appliances and measures installed.  In addition, the CSD-administered, GGRF-funded LIWP funds the installation of rooftop solar photovoltaic systems and solar water heaters in low-income single-family and multi-family households located within disadvantaged communities.

CSD contracts with a network of private, nonprofit, and local government community-based organizations to provide for the local administration of grant programs and delivery of service to eligible low-income households.  Each program has an income-eligibility requirement ranging from 60 percent state median income to 80 percent area median income, depending on the program.

CSD has received $154 million from the AB 32 cap-and-trade revenues (GGRF) for low-income weatherization programs. According to the author, CSD efforts to reach farmworkers for these programs have not been successful. While the farmworker population was once characterized by its mobility, today it has become much more stable in the agricultural areas of the state. Energy consumption in homes owned by farmworkers is often higher than average, because there are generally larger numbers of individuals per household. According to the National Agricultural Workers Survey conducted by the US Department of Labor, approximately 15% of California's farmworkers own homes.

Proposed Law:

This bill:

1. Directs CSD to develop and administer the Agricultural Working Poor Energy Efficient Housing Program by expending moneys appropriated by the Legislature to improve energy efficiency in farmworker-owned housing.
2. Directs CSD, when distributing program funding, to give preference to an association of federally designated farmworker organizations and other organizations that have a proven track record of assisting farmworkers.
3. Requires CSD to consult with the CPUC and the CEC in developing the program to avoid duplication with the energy efficiency programs supervised by those commissions.
4. Requires CSD to develop program requirements and guidelines, including income-based program eligibility limits, and may develop subgrantee contract provisions for the program.
5. Requires CSD to report specified information to the legislature.

Staff Comments:

As mentioned above, CSD has received $154 million from GGRF for low-income weatherization programs. While, according to the author, CSD efforts to reach farmworkers have been unsuccessful, it is not clear that developing a new program would be the most efficient way of serving this population.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: Hearing Date: 6/28/2016

SUBJECT:

DIGEST: This bill establishes the Agricultural Working Poor Energy Efficient Housing Program and requires the program to be administered by the Department of Community Services and Development (CSD).

ANALYSIS:

Existing law:

1. Establishes the Joe Serna, Jr. Farmworker Housing Grant Program, which authorizes the Department of Housing and Community Development (HCD) to provide financing for new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with priority given to low-income households.
   
2. Tasks CSD with implementing several types of federal assistance to help low-income households meet their energy needs.
3. Establishes a charge on electricity and natural gas consumption to fund cost-effective energy-efficiency and conservation activities.
4. Requires electric and gas corporations to provide weatherization assistance to low-income customers and specifies that weatherization may include attic insulation, caulking, weatherstripping, a low-flow showerhead, water heater blanket, and door and building envelope repairs to reduce air infiltration.
5. Specifies that weatherization may also include other building conservation measures, energy-efficient appliances, and energy education programs determined by the California Public Utilities Commission (CPUC) to be feasible, considering the cost effectiveness of the measures as a whole and the policy of reducing energy-related hardships facing low-income households.
6. Requires the California Energy Commission (CEC) to develop and implement a comprehensive program to achieve greater energy savings in California’s existing residential and nonresidential building stock.

This bill:

1. Directs CSD to develop and administer the Agricultural Working Poor Energy Efficient Housing Program by expending moneys appropriated by the Legislature to improve energy efficiency in farmworker housing.
2. Specifies that program funds are to be used to fund energy-efficient projects including, but not limited to, the following:
3. Weatherization of homes and other residences
4. Replacement of energy inefficient appliances with Energy Star-certified appliances
5. Replacement of lighting with light-emitting diode, commonly known as LED, lighting
6. Installation of photovoltaic solar panels and solar water heating systems.
7. Installation of battery backups
8. Directs CSD, when distributing program funding, to give preference to an association of federally designated farmworker organizations and other organizations that have a proven track record of assisting farmworkers.
9. Establishes a number of program requirements, including that CSD consult with the CPUC and the CEC in developing the program to avoid duplication with the energy-efficiency programs supervised by those commissions, and that CSD submit a report to the Legislature on program performance, as specified.

COMMENTS:

1. Purpose. The author notes, “CSD, which received $75 million of cap-and-trade revenue for low-income programs, has a long history of serving hundreds of thousands of people in poverty through their network of non-profit organizations. However, CSD has also experienced, in spite of their strong efforts, difficulty in reaching out to and helping low-income farm workers. This has presented a challenge for CSD which the department been unable to overcome for some time.

“While at one time the farmworker population was characterized by its mobility, today it has become much more stable and permanent in the agricultural areas of the state. Many farmworkers are located in rural, hard-to-reach areas. Energy consumption in their homes is higher than average because of the larger number of individuals per household.”

1. CSD energy assistance programs. CSD administers three low-income energy assistance programs: the federal Low Income Home Energy Assistance Program (LIHEAP), the Weatherization Assistance Program (WAP), and the state-funded Low Income Weatherization Program (LIWP). Each of the three weatherization programs administered by CSD provides energy-efficiency services to eligible low-income households, both homeowners and renters, by installing a range of weatherization upgrades to reduce energy usage, improve resident comfort, and provide monetary savings to the residents. Residents are also educated on basic energy-efficiency practices and on the proper use and maintenance of the appliances and measures installed.  In addition, with revenues from the Greenhouse Gas Reduction Fund, CSD also administers, through LIWP, funds for the installation of rooftop solar photovoltaic systems and solar water heaters in low-income single-family and multi-family households located within disadvantaged communities.

The CSD reports that it contracts with a network of private, nonprofit, and local government community-based organizations to provide for the local administration of grant programs and delivery of service to eligible low-income households.  Each program has an income-eligibility requirement ranging from 60% state median income to 80% area median income, depending on the program.

Additional state energy assistance programs. In addition to the low-income energy assistance programs described above, there exists the Joe Serna, Jr. Farmworker Housing Grant program. Administered by HCD, the program provides financing for the new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with a priority for lower income households. The program requires a match of at least 100%. The program budget for FY 2015-16 is $11.1 million.

1. Improving farmworker housing conditions. The bill’s sponsors and supporters report that existing programs have had limited success in reaching low-income farmworkers and providing much-needed housing assistance. As a solution, the bill proposes to create the Agricultural Working Poor Energy Efficient Housing Program, to be administered by CSD, to expend moneys appropriated by the Legislature. The purpose of the new program is to improve energy efficiency in farmworker housing. Writing in support of the bill, AFSCME notes, “California’s 800,000 low-income farmworkers cannot afford to reduce their reliance on carbon-intensive energy sources. In addition, energy consumption in homes owned by farmworkers is often higher than average, because there are generally larger numbers of individuals per household. This bill provides a program specifically targeted towards making farmworker housing energy efficient.”
2. Double-referral. This bill passed out of the Senate Energy, Utilities and Communications Committee at its June 13 hearing on a 9-1 vote.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

Assembly Votes:

Floor: 79-0

Appr: 20-0

Nat. Res: 8-0

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 22, 2016.)

SUPPORT:

La Coperativa Campesina (Sponsor)

AFSCME

California Human Development

Center for Employment and Training

Central Valley Opportunity Center, Inc.

OPPOSITION:

None received

-- END --

SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS

Senator Ben Hueso, Chair

2015 - 2016 Regular

Bill No: AB 2715 Hearing Date: 6/13/2016

SUBJECT: Agricultural Working Poor Energy Efficient Housing Program

DIGEST: This bill establishes the Agricultural Working Poor Energy Efficient Housing Program, a funding program to be administered by the Department of Community Services and Development (CSD).

ANALYSIS:

Existing law:

1. Establishes the Joe Serna Jr. Farmworker Housing Grant Program, which authorizes the Department of Housing and Community Development (HCD) to provide financing for new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with priority given to low income households. (Health and Safety Code §50515.5-50517.11)
   
2. Tasks CSD with implementing several types of federal assistance to help low-income households meet their energy needs. (Government Code §§12085-12091 and 16366.1-16367.8)
3. Establishes a charge on electricity and natural gas consumption to fund cost-effective energy efficiency and conservation activities. (Public Utilities Code §§381 and 890)
4. Requires electric and gas corporations to provide weatherization assistance to low-income customers and specifies that weatherization may include attic insulation, caulking, weatherstripping, a low-flow showerhead, water heater blanket, and door and building envelope repairs to reduce air infiltration. (Public Utilities Code §2790 (a), (b))
5. Specifies that weatherization may also include other building conservation measures, energy-efficient appliances, and energy education programs determined by the California Public Utilities Commission (CPUC) to be feasible, considering the cost effectiveness of the measures as a whole and the policy of reducing energy-related hardships facing low-income households. (Public Utilities Code §2790 (c))
6. Requires the California Energy Commission (CEC) to develop and implement a comprehensive program to achieve greater energy savings in California’s existing residential and nonresidential building stock. (Public Resources Code §25943)

This bill:

1. Directs CSD to develop and administer the Agricultural Working Poor Energy Efficient Housing Program by expending moneys appropriated by the Legislature to improve energy efficiency in farmworker-owned housing.
2. Directs CSD, when distributing program funding, to give preference to an association of federally designated farmworker organizations and other organizations that have a proven track record of assisting farmworkers.
3. Makes other requirements of CSD, including that it consult with the CPUC and the CEC in developing the program to avoid duplication with the energy efficiency programs supervised by those commissions.

Background

Energy efficiency of farmworker housing. According to La Cooperative Campesina, a not-for-profit statewide association of agencies implementing and administering farm worker service program and the sponsor of this bill, there are approximately 800,000 low-income farmworkers in California. Many, if not most, live in buildings that could benefit from energy efficiency upgrades. La Cooperative also relays that many low-income farmworker households use a greater amount of energy than to comparable, non-farmworker housing. This is because, the organization reports, farmworker households often have a greater number of people living in them than do other, similarly sized homes.

However, low-income farmworkers cannot afford to undertake energy efficiency upgrades, such as weatherization, insulation, and installation of energy efficiency appliances. As a result, many farmworkers live in housing that is less comfortable and healthful than it could be. In addition, the state misses cost-effective opportunities to increase energy efficiency and achieve carbon-reduction and other goals.

Several programs provide energy assistance to low-income Californians. There are several programs in California to provide energy assistance to low-income individuals and households, some administered by the CSD, others by the state’s investor-owned utilities (IOUs). The following table summarizes these low-income energy assistance programs.

Department of Community Services and Development energy assistance programs. As shown above, CSD administer three low-income energy assistance programs: the federal LIHEAP and WAP, and the state-funded LIWP. Each of the three weatherization programs administered by CSD provides energy efficiency services to eligible low-income households, both homeowners and renters, by installing a range of weatherization upgrades to reduce energy usage, improve resident comfort and provide monetary savings to the residents. Residents are also educated on basic energy efficiency practices and on the proper use and maintenance of the appliances and measures installed.  In addition, the CSD-administered, GGRF-funded LIWP funds the installation of rooftop solar photovoltaic systems and solar water heaters in low-income single-family and multi-family households located within disadvantaged communities.

The CSD reports that it contracts with a network of private, nonprofit, and local government community-based organizations to provide for the local administration of grant programs and delivery of service to eligible low-income households.  Each program has an income-eligibility requirement ranging from 60 percent state median income to 80 percent area median income, depending on the program.

According to CSD, in Federal Fiscal Year (FFY) 2014, California was awarded $152.8 million under the LIHEAP grant and $4.9 million under the WAP grant. In FFY 2015, California was awarded $173.6 million under the LIHEAP Grant and $5.2 million under the WAP Grant. For the LIWP, CSD received $75 million in fiscal year (FY) 2014-15 and $78 million in FY 2015-16.

Investor-owned utility energy assistance programs. As outlined in the table above, the state’s IOUs administer two low-income energy assistance programs: ESA and CARE. The ESA program provides no-cost weatherization services to low-income households who meet the CARE income guidelines (see table below). Services provided include attic insulation, energy efficient refrigerators, energy efficient furnaces, weatherstripping, caulking, low-flow showerheads, water heater blankets, and door and building envelope repairs which reduce air infiltration. The ESA program is available to IOU customers, whether they are home owners or renters. The CPUC approved ESA program budgets for the state’s largest IOUs as follows^[1]:

The CARE program provides a monthly discount on energy bills for qualifying residential single-family households, tenants of sub-metered residential facilities, nonprofit group living facilities, agricultural employee housing facilities and migrant farm worker housing centers. Program participants receive a 30-35 percent discount on their electric bills and a 20 percent discount on their natural gas bills. Program eligibility is as follows^[2]:

Other state energy assistance programs. In addition to the low-income energy assistance programs described above, there exists the Joe Serna, Jr. Farmworker Housing Grant program. Administered by Department of Housing and Community Development, the program provides financing for the new construction, rehabilitation and acquisition of owner-occupied and rental units for agricultural workers, with a priority for lower-income households. The program requires a match of at least 100 percent. The program budget for FY 2015-16 is $11.1 million.

Farmworkers especially hard to reach. Despite the numerous energy assistance programs aimed specifically at low-income households, as well as one program targeting farmworker housing itself, the bill sponsors and supporters report that the programs have had limited success in reaching low-income farmworker housing. As a solution, the bill proposes to create the Agricultural Working Poor Energy Efficient Housing Program, to be administered by CSD, to expend moneys appropriated by the Legislature. The purpose of the new program is to improve energy efficiency in farmworker-owned housing through the following measures:

• Weatherization of homes and other residences.
• Replacement of energy inefficient appliances with Energy Star-certified appliances.
• Replacement of lighting with light-emitting diode, commonly known as LED, lighting.
• Installation of photovoltaic solar panels and solar water heating systems.
• Installation of battery backups.

There is nothing inappropriate with a program funding energy efficiency measures in low-income farmworker-owned housing. And this bill wisely directs CSD to consult with the CPUC and the CEC in developing the program in order to avoid duplication with the energy efficiency programs supervised by those commissions. However, the list of potential energy efficiency measures in the bill seems overly limited, or overly prescriptive, depending upon how CSD interprets the bill’s requirements. And, the program should complement – not just avoid conflict with – the state’s energy programs and goals. To clarify that CSD may fund through the program measures other than those specifically listed, and that measures funded by the program must complement the state’s energy goals, the author may wish to amend this bill as shown at the close of the analysis.

In addition, because, as the author an sponsor note, the state has been largely unsuccessful as reaching low-income farmworkers through its low-income energy assistance programs, the author may wish to consider amending the bill, as shown at the close of the analysis, to require CSD to report to the Legislature on the effectiveness of the program in terms of expenditures, outreach, and energy savings.

All farmworkers? This bill limits the program to improving energy efficiency in “farmworker-owned housing.” This presents two difficulties. First, the program might be too generous. This bill sponsor notes that most farmworkers meet the criteria for low income. And, as the program name indicates, the author intends the program to benefit the “agricultural working poor.” However, unlike the state’s other low-income energy assistance programs, this bill provides no explicit criteria for what constitutes “low income.” Though unlikely, it is possible the program could fund relatively well-off farmworkers. The author may wish to direct CSD, in developing program guidelines, to specify an income threshold for program eligibility, as shown at the close of the analysis.

At the same time, the program may be too restrictive. According to the sponsor’s estimate, about 16 percent of farmworkers in California own homes. That means the program, by design, would fail to benefit the majority of farmworkers. As described above, the state’s other low-income energy assistance programs are available to homeowners and renters alike. The author may wish to amend the bill, as shown at the close of the analysis, to expand eligibility to include farmworker housing in general, relying on CSD, in consultation with CPUC and CEC, to develop project guidelines so that program funding makes sense for each housing type.

Compilation of suggested amendments.

Government Code 12087.6.

(a) The department shall develop and administer the Agricultural Working Poor Energy Efficient Housing Program and expend moneys appropriated by the Legislature for the purposes of the program.

(b) (1) Moneys appropriated for the program shall be used to improve energy efficiency in farmworker-owned housing, including for, but not limited to, all of the following:

(A) Weatherization of homes and other residences.

(B) Replacement of energy inefficient appliances with Energy Star-certified appliances.

(C) Replacement of lighting with light-emitting diode, commonly known as LED, lighting.

(D) Installation of photovoltaic solar panels and solar water heating systems.

(E) Installation of battery backups.

(2) When distributing moneys appropriated for the program, the department shall give preference to an association of federally designated farmworker organizations and other organizations that have a proven track record of assisting farmworkers.

(c) (1) The department may shall develop program requirements, and guidelines, including income-based program eligibility limits, and may develop subgrantee contract provisions for the program.

(2) The department shall do all of the following:

(A) Consult with the Public Utilities Commission and the State Energy Resources Conservation and Development Commission in developing the program in order to ensure compatibility with the state’s energy policies and goals and to avoid duplication with of the energy efficiency programs supervised by those commissions.

(B) Not less than 30 days before finalization of the program guidelines, post the draft program guidelines on the department’s Internet Web site.

(C) Hold a public hearing to obtain public input on the draft program guidelines with notice of the hearing published prominently on the department’s Internet Web site no less than 15 days before the hearing.

(D) By January 1 of the third calendar year following receipt of funding for the program, report to the budget committees and appropriate policy committees of each house of the Legislature on program balances and expenditures, including the number of households reached by the program, the demographics of households reached, including whether the household is owner occupied or occupant rented, a list of measures funded by the program, and an estimate of the energy saved by the program.

Double Referral. Should this bill be approved by this committee, it will be re-referred to the Senate Committee on Transportation and Housing for its consideration.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

La Coperativa Campesina (Source)

California Human Development

Center for Employment and Training

Central Valley Opportunity Center, Inc.

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the author:

The California Community Services and Development, who received the $75 Million Dollars of Cap and Trade to serve the poor, has a long history of serving, through their network of private non-profits, and public community non-profit entities, hundreds of thousands of poor. However, they have also experienced that in spite of their strong efforts, trying to reach the farm workers has presented a challenge, which has not been overcome after many decades.

California’s farmworkers are the backbone of a $46 billion agricultural industry that provides fresh fruit and vegetables to America and the entire world. The farmworker population is overwhelmingly Latino (95 percent) and increasingly settled and stabilized within agricultural and rural communities in the production centers of the central valley, central coast, northern Sacramento valley and the desert.

While at one time the farmworker population was characterized by its mobility, today it has become much more stable and permanent in the agricultural areas of the State. Many farmworkers are located in rural hard to reach areas. Energy consumption in their homes is higher than average because of the larger number of individuals per household.

California’s 800,000 low-income farmworkers cannot afford to reduce their reliance on carbon intensive energy sources. Without additional resources and assistance, it will be especially difficult for farmworkers, who are very low income because of seasonal employment and low wages, to make the expensive investments in retrofitting homes for increased energy efficiency, fuel-efficient cars and other low carbon infrastructure and/or technologies.

-- END --

1. See CPUC Decision 14-08-030, issued on August 20, 2014. ↑

2. Source: CPUC CARE/FERA webpage (http://www.cpuc.ca.gov/General.aspx?id=976). ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2715

Author:(Eduardo Garcia, et al.)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Establishes the Agricultural Working Poor Energy Efficient Housing Program (Program) within the Department of Community Services and Development (CSD) and states legislative intent to appropriate not less than $50 million from the Greenhouse Gas Reduction Fund (GGRF) to implement the Program. Specifically, this bill:

1. Requires CSD to develop and administer the Program.
2. Specifies that the Program be used to improve energy efficiency in farmworker housing, including:
   1. Weatherization of homes and other residences;
   2. Replacement of energy inefficient appliances with Energy Star certified appliances;
   3. Replacement of lighting with light emitting diode lighting;
   4. Installation of photovoltaic solar panels and solar water heating systems; and,
   5. Installation of battery backups.
3. Specifies that CSD give priority to an association of federally designated farmworker organizations and other organizations that have a proven track record of assisting farmworkers.
4. Authorizes CSD to develop requirements, guidelines, and subgrantee contract provisions for the Program.
5. Requires CSD to:
   1. Consult with the Public Utilities Commission (PUC) in developing the program in order to avoid duplication with those energy efficiency programs supervised by the PUC.
   2. No less than 30 days before finalizing the Program guidelines, post the draft guidelines on CSD's website and hold a public hearing to obtain public input.

EXISTING LAW:

1. Requires the Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006], to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. AB 32 authorizes ARB to permit the use of market-based compliance mechanisms to comply with GHG reduction regulations, once specified conditions are met.
2. Establishes the GGRF and requires all moneys, except for fines and penalties, collected by ARB from the auction or sale of allowances pursuant to a market-based compliance mechanism (i.e., the cap-and-trade program adopted by ARB under AB 32) to be deposited in the GGRF and available for appropriation by the Legislature.
3. Establishes the GGRF Investment Plan and Communities Revitalization Act to set procedures for the investment of GHG allowance auction revenues. Requires the investment plan to allocate 1) a minimum of 25% of the available moneys in the GGRF to projects that provide benefits to identified disadvantaged communities, and 2) a minimum of 10% of the available moneys in the GGRF to projects located within identified disadvantaged communities.
4. Establishes the Joe Serna Jr. Farmworker Housing Grant Program, which authorizes the Department of Housing and Community Development (HCD) to provide financing for new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with priority given to low income households.
5. Tasks CSD with implementing several types of federal assistance to help low-income households meet their energy needs, including:
   1. The Home Energy Assistance Program, which provides one-time financial assistance to help offset an eligible applicant's energy costs;
   2. The Energy Crisis Intervention Program, which provides assistance to low-income households that are in a crisis situation due to receiving a termination notice or an energy-related life-threatening emergency, such as a malfunctioning heater;
   3. The Weatherization Assistance Program, which provides free energy efficiency upgrades to low-income households.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill has the following state costs:

1. Unknown costs pressures, likely in the $25 to $50 million range, to fund the Program. This bill does not specify a funding source.
2. Increased annual costs of approximately $600,000 and five permanent staff to create a unit within CSD to establish and administer the program.
3. Unknown, likely absorbable, costs for the PUC and California Energy Commission to advise CSD in developing the program to avoid duplicating existing programs.

COMMENTS: CSD has received $154 million from the GGRF for low-income weatherization programs. According to the author, CSD efforts to reach farmworkers for these programs have not been successful. While the farmworker population was once characterized by its mobility, today it has become much more stable in the agricultural areas of the state. Energy consumption in homes owned by farmworkers is often higher than average, because there are generally larger numbers of individuals per household. According to the National Agricultural Workers Survey conducted by the US Department of Labor, approximately 15% of California's farmworkers own homes.

According to CalEPA, 39% of all GGRF investments to date, excluding high speed rail, have been spent on projects located in disadvantaged communities, and 51% of GGRF spending has benefitted disadvantaged communities. None has been specifically targeted to benefit farmworkers. Much of California's farmworker housing is located in areas identified by CalEnviroScreen as disadvantaged.

This bill is intended to provide assistance to California's 800,000 low-income farmworkers who cannot afford to reduce their reliance on carbon intensive energy sources. According to the author, without additional resources and assistance, it will be especially difficult for farmworkers, who are very low-income because of seasonal employment and low wages, to make the expensive investments in retrofitting homes for increased energy efficiency, fuel-efficient cars, and other low carbon infrastructure and/or technologies.

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0003322

Date of Hearing: May 18, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2715

Author:(Eduardo Garcia) – As Amended Ver:May 11, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill establishes the Agricultural Working Poor Energy Efficient Housing Program (Program) within the Department of Community Services and Development (CSD). Specifically, this bill:

1. Requires the Program to be used to improve energy efficiency in farmworker housing, including: a) weatherization of homes and other residences; b) replacement of energy inefficient appliances with Energy Star certified appliances; c) replacement of lighting with light emitting diode (LED) lighting; d) installation of photovoltaic solar panels and solar water heating systems; and, e) installation of battery backups. Authorizes CSD to develop requirements, guidelines, and subgrantee contract provisions for the Program.
2. Requires CSD to give preference to an association of federally designated farmworker organizations" and other organizations that have a proven track record of assisting farmworkers.
3. Requires CSD consult with the Public Utilities Commission (PUC) and the California Energy Commission (CEC) in developing the program in order to avoid duplication.
4. Requires CSD to post draft guidelines and hold a public hearing, as specified.

FISCAL EFFECT:

1. Unknown costs pressures, likely in the $25 to $50 million range, to fund the Program. This bill does not specify a funding source.
2. Increased annual costs of approximately $600,000 and five permanent staff to create a unit within CSD to establish and administer the program.
3. Unknown, likely absorbable, costs for the PUC and CEC to advise CSD in developing the program to avoid duplicating existing programs.

COMMENTS:

1. Purpose. According to the author, California's 800,000 low-income farmworkers cannot afford to reduce their reliance on carbon intensive energy sources. Without additional resources and assistance, it will be especially difficult for farmworkers, who are very low-income because of seasonal employment and low wages, to make the expensive investments in retrofitting homes for increased energy efficiency, fuel-efficient cars, and other low carbon infrastructure and/or technologies. This bill provides a program specifically targeted towards making farmworker housing energy efficient.
2. Background. CSD partners with a network of private, non-profit and local government community service providers dedicated to helping low-income families achieve and maintain self-sufficiency, meet their home energy needs and reside in housing free from the dangers of lead hazards.

CSD has received $154 million from the AB 32 cap-and-trade revenues (GGRF) for low-income weatherization programs. According to the author, CSD efforts to reach farmworkers for these programs have not been successful. While the farmworker population was once characterized by its mobility, today it has become much more stable in the agricultural areas of the state. Energy consumption in homes owned by farmworkers is often higher than average, because there are generally larger numbers of individuals per household. According to the National Agricultural Workers Survey conducted by the US Department of Labor, approximately 15% of California's farmworkers own homes.

This bill develops a different program, with an unspecified funding source, that will benefit from the experience and expertise of farmworker organizations to reach this population.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 18, 2016

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 2715 (

Author:Eduardo Garcia) – As Amended Ver:April 7, 2016

SUBJECT: Agricultural Working Poor Energy Efficient Housing Program

SUMMARY: Establishes the Agricultural Working Poor Energy Efficient Housing Program (Program) within the Department of Community Services and Development (CSD) and states legislative intent to appropriate not less than $50 million from the Greenhouse Gas Reduction Fund (GGRF) to implement the Program.

EXISTING LAW:

1. Requires the Air Resources Board (ARB), pursuant to California Global Warming Solutions Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006], to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. AB 32 authorizes ARB to permit the use of market-based compliance mechanisms to comply with GHG reduction regulations, once specified conditions are met.
   
2. Establishes the GGRF and requires all moneys, except for fines and penalties, collected by ARB from the auction or sale of allowances pursuant to a market-based compliance mechanism (i.e., the cap-and-trade program adopted by ARB under AB 32) to be deposited in the GGRF and available for appropriation by the Legislature.
   
3. Establishes the GGRF Investment Plan and Communities Revitalization Act to set procedures for the investment of GHG allowance auction revenues. Authorizes a range of GHG reduction investments and establishes several policy objectives, including:
   
   1. Maximize economic, environmental, and public health benefits;
      
   2. Foster job creation;
      
   3. Complement efforts to improve air quality;
      
   4. Direct investment toward the most disadvantaged communities and households in the state;
      
   5. Provide opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce GHG emissions; and,
      
   6. Lessen the impacts and effects of climate change on the state's communities, economy, and environment.
      
4. Requires the investment plan to allocate (1) a minimum of 25% of the available moneys in the GGRF to projects that provide benefits to identified disadvantaged communities, and (2) a minimum of 10% of the available moneys in the GGRF to projects located within identified disadvantaged communities.
   
5. Establishes the Joe Serna Jr. Farmworker Housing Grant Program, which authorizes the Department of Housing and Community Development (HCD) to provide financing for new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with priority given to low income households, including:
   
   1. Homeowner grants for rehabilitation or new home construction requiring lien restrictions for 20 years;
      
   2. Rental construction grants or loans requiring lien restrictions for 40 years; and,
      
   3. Rental rehabilitation grants or loans requiring lien restrictions for 20 years.
      
6. Tasks CSD with implementing several types of federal assistance to help low-income households meet their energy needs, including:
   
   1. The Home Energy Assistance Program, which provides one-time financial assistance to help offset an eligible applicant's energy costs;
      
   2. The Energy Crisis Intervention Program, which provides assistance to low-income households that are in a crisis situation due to receiving a termination notice or an energy-related life-threatening emergency, such as a malfunctioning heater;
      
   3. The Weatherization Assistance Program, which provides free energy efficiency upgrades to low-income households.
      

THIS BILL:

1. Requires CSD to develop and administer the Program.
2. States the intent of the Legislature to appropriate not less than $50 million annually from the GGRF to fund the Program.
3. Specifies that the Program be used to improve energy efficiency in farmworker housing, including:
   1. Weatherization of homes and other residences;
   2. Replacement of energy inefficient appliances with Energy Star certified appliances;
   3. Replacement of lighting with light emitting diode lighting;
   4. Installation of photovoltaic solar panels and solar water heating systems; and,
   5. Installation of battery backups.
4. Specifies that CSD give priority to "the association of federally designated farmworker organizations" and other organizations that have a proven track record of assisting farmworkers.
5. Authorizes CSD to develop requirements, guidelines, and subgrantee contract provisions for the Program.
6. Requires CSD to:
   1. Consult with the Public Utilities Commission (PUC) in developing the program in order to avoid duplication with those energy efficiency programs supervised by the PUC.
   2. No less than 30 days before finalizing the Program guidelines, post the draft guidelines on CSD's website and hold a public hearing to obtain public input no less than 15 days "before the hearing."
7. Exempts the development of requirements, guidelines, and subgrantee contract provisions from Office of Administrative Law review and approval.

FISCAL EFFECT: Unknown

COMMENTS:

1. Existing GGRF funding and programs. The 2014-15 Budget Act allocated GGRF revenues for the 2014-15 fiscal year and established a long-term plan for the allocation of GGRF revenues beginning in fiscal year 2015-16. Thirty-five percent of GGRF is continuously appropriated for investments in transit, affordable housing, and sustainable communities. Twenty-five percent is continuously appropriated to continue the construction of the high-speed rail project. The remaining 40% is subject to annual appropriation by the Legislature for investments in programs that include low-carbon transportation, energy efficiency and renewable energy, and natural resources and waste diversion. An expenditure plan for the 40% was not included in the 2015-16 Budget Act, with the exception of $227 million appropriated to continue funding for specified existing programs. The remaining 2015-16 revenues, along with 2016-17 revenues, are available for appropriation this year.
   
   The 2016 Annual Report of Cap and Trade Auction Proceeds includes an analysis of funds spent within and benefiting disadvantaged communities, excluding high speed rail spending. According to the report, 39% of expenditures were for projects located within disadvantaged communities and 51% of the overall funding benefited disadvantaged communities.

Listed below are the major GGRF program areas, administering agency, and funding to date:

• 1. Transportation and Sustainable Communities
     1. High Speed Rail, High Speed Rail Authority (Authority), $850 million
     2. Transit and Intercity Rail Capital Program, Transportation Agency, $265 million
     3. Low Carbon Transit Operations Program, Department of Transportation (Caltrans), $145 million
     4. Affordable Housing and Sustainable Communities Program, Strategic Growth Council (SGC), $610 million
     5. Low Carbon Transportation, ARB, $325 million
  2. Clean Energy and Energy Efficiency
     1. Low-Income Weatherization Program, Community Services and Development (CSD), $154 million
     2. Energy Efficiency in Public Buildings, California Energy Commission (CEC), $20 million
     3. Climate Smart Agriculture, Department of Food and Agriculture (CDFA), $75 million
     4. Water-Energy Efficiency, Department of Water Resources (DWR), $70 million
  3. Natural Resources and Waste Diversion
     1. Wetlands and Watershed Restoration, Department of Fish and Wildlife (DFW), $27 million
     2. Urban Forestry, Forest Health Restoration, and Reforestation, Department of Forestry and Fire Protection (CAL FIRE), $42 million
     3. Waste Diversion, Department of Resources Recycling and Recovery (CalRecycle), $31 million

The Governor's 2016-17 Budget proposes just under $3.1 billion in expenditures:

• 1. Continuous Appropriations
     1. High Speed Rail, Authority, $500 million
     2. Low Carbon Transit Operations, State Transit Assistance, $100 million
     3. Transit and Intercity Rail Capital Program, Transportation Agency, $200 million
     4. Affordable Housing and Sustainable Communities Program, SGC, $400 million
  2. Fifty Percent Reduction in Petroleum Use
     1. Transit and Intercity Rail Capital Program, Transportation Agency, $400 million
     2. Low Carbon Road Program, Caltrans, $100 million
     3. Low Carbon Transportation and Fuels, ARB, $500 million
     4. Biofuel Facility Investments, CEC, $25 million
  3. Local Climate Action
     1. Transformative Climate Communities, SGC, $100 million
  4. Short-Lived Climate Pollutants
     1. Black Carbon Woodsmoke and Refrigerants, ARB, $60 million
     2. Waste Diversion, CalRecycle, $100 million
     3. Climate Smart Agriculture – Healthy Soils and Dairy Digesters, CDFA, $55 million
  5. Safeguarding California/Water Action Plan
     1. Water and Energy Efficiency, CDFA and DWR, $30 million
     2. Drought Executive Order, CEC, $60 million
     3. Wetlands and Watershed Restoration/CalEcoRestore, DFW, $60 million
  6. Safeguarding California/Carbon Sequestration
     1. Healthy Forests and Urban Forestry, CAL FIRE, $180 million
     2. Urban Greening, Natural Resources Agency, $20 million
  7. Energy Efficiency/Renewable Energy
     1. Energy Efficiency for Public Buildings, Department of General Services, $30 million
     2. California Lending for Energy and Environmental Needs Center, I Bank, $20 million
     3. Energy Corps, Conservation Corps, $15 million
     4. Energy Efficiency Upgrades/Weatherization, CSD, $75 million
     5. Renewable Energy and Energy Efficiency Projects, University of California, California State University, $60 million

1. Environmental justice. According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are

considered "highly impacted" by environmental, public health, and socioeconomic stressors.

Nearly half of all Californians live within six miles of a facility that is a significant

greenhouse gas emitter (46%), and they are disproportionately people of color (62%). Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. These impacts are felt by all Californians. ARB estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year.

In 2000, legislation [SB 89 (Escutia), Chapter 728] required the California Environmental Protection Agency (CalEPA) to convene the Environmental Justice Working Group and develop an agency-wide environmental justice strategy. In 2001, follow up legislation [SB 828 (Alarcon), Chapter 765] established a timeline for these requirements and required CalEPA to update its report to the Legislature every three years. In October of 2004, CalEPA released its Environmental Justice Action Plan, but did not complete the required updates for a decade.

SB 535 (de León), Chapter 850, Statutes of 2012 requires the Cap and Trade Proceeds Investment Plan to direct a minimum of 25% of the available moneys in the fund to projects that provide benefits to identified disadvantaged communities; and, a minimum of 10% of the available moneys in the fund to projects located within identified disadvantaged communities. SB 535 also required CalEPA to identify disadvantaged communities (i.e., environmental justice communities). In order to accurately identify environmental justice communities, OEHHA, on behalf of CalEPA, created the California Communities Environmental Health Screening Tool (CalEnviroScreen). CalEnviroScreen is a screening methodology that can be used to help identify California communities that are disproportionately burdened by multiple sources of pollution.

In February of 2014, CalEPA issued an Environmental Justice Program Update, which included four main areas for future actions: 1) increase efforts to eliminate discrimination on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability in any program or activity conducted or funded by the state; 2) develop guidance to promote a sound legal framework for CalEPA to advance environmental justice goals and objectives; 3) lead an agency-wide working group dedicated to increase compliance with environmental laws in communities with relatively higher environmental burdens; and, 4) add additional indicators to CalEnviroScreen.

1. Farmworker housing and weatherization. CSD has received $154 million from the GGRF for low-income weatherization programs. According to the author, CSD efforts to reach farmworkers for these programs have not been successful. While the farmworker population was once characterized by its mobility, today it has become much more stable in the agricultural areas of the state. Energy consumption in homes owned by farmworkers is often higher than average, because there are generally larger numbers of individuals per household. According to the National Agricultural Workers Survey conducted by the US Department of Labor, approximately 15% of California's farmworkers own homes.
   
   According to CalEPA, 39% of all GGRF investments to date, excluding high speed rail, have been spent on projects located in disadvantaged communities, and 51% of GGRF spending has benefitted disadvantaged communities. None has been specifically targeted to benefit farmworkers. Much of California's farmworker housing is located in areas identified by CalEnviroScreen as disadvantaged.
2. Author's statement:

California's 800,000 low-income farmworkers cannot afford to reduce their reliance on carbon intensive energy sources. Without additional resources and assistance, it will be especially difficult for farmworkers, who are very low-income because of seasonal employment and low wages, to make the expensive investments in retrofitting homes for increased energy efficiency, fuel-efficient cars, and other low carbon infrastructure and/or technologies.

1. Suggested amendments:
   1. According to the author, this bill is intended to benefit farmworkers who own their own homes; however, the bill does not limit eligibility to farmworker-owned housing. The committee may wish to amend the bill to ensure that grants are directed to farmworker-owned homes.
   2. This bill requires CSD to coordinate with PUC in developing the program. CEC also oversees a variety of energy efficiency programs. The committee may wish to amend the bill to require that CSD also coordinate with CEC.
   3. This bill includes a provision that exempts any requirements, guidelines, or subgrantee contract provisions from the Administrative Procedure Act (APA). This exemption is unnecessary. The APA applies to the adoption of regulations, and should not apply to grant guidelines or contract provisions. However, should the CSD adopt rules that trigger the APA, it provides for meaningful public participation and to ensure that any regulations are clear, necessary, and legally valid. The committee may wish to amend the bill to delete this exemption.

REGISTERED SUPPORT / OPPOSITION:

Support

California Human Development

Center for Employment Training
Central Valley Opportunity Center, Inc.

Proteus, Inc.

Opposition

None on file

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092