HomeMy WebLinkAbout18 LEGISLATIVE UPDATES 06-19-07~'!~- Agenda Item ~ 8
AGENDA ~P ORT Reviewed:
~.~'' ,,~~~ ~ City Manager
Finance Director N/A
MEETING DATE: JUNE 19, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER
SUBJECT: LEGISLATIVE REPORTS- ACA 2 AND ACA 8
SUMMARY:
A legislative update on ACA 2 (Walters) and ACA 8 (De La Torre) has been requested.
RECOMMENDATION:
Pleasure of the City Council
FISCAL IMPACT:
If adopted and constitutional amendments are successful, some escalation in property
acquisition costs may occur and the City's and their Redevelopment Agency's would be
prohibited from transferring any acquired property to a private party or entity.
BACKGROUND:
Mayor Bone ,has asked for a current status update and recent modifications to ACA 2
(Walters) and ACA 8 (De La Torre). Attached are League of California Cities
summaries on each bill as well as the most current proposed amendments to each bill.
While each bill has some minor different variations, there is a bit of overlapping in
purpose and similar provisions in each bill which impacts acquisition or property and
precludes transfer to a private party or entity. It is very interesting that in recent
amendments to ACA 2, the County of San Bernadino is not restricted from the above
limitation. Provisions of ACA 8 would also provide a former owner the right to reaquire
property if not used for public purposes as specified in the bill.
Christine A. Shingleton
Assistant City Manager
ACA 2 Materials from League
Summary
~~~~ ~.~~
ACA 2 (Walters) Eminent domain.
Page ~ of 1
From text dated: 05/31/07
The California Constitution authorizes private property to be taken or damaged for public use only
!' when just compensation has been paid to, or into court for, the owner of the property. This measure
would instead permit private property to be taken or damaged only for a stated public use and only
when just compensation has been paid to, or into court for, the owner of the property. The measure
would also prohibit, with respect to both new and pending eminent domain projects that involve the
exercise of the power of eminent domain, a community redevelopment agency, community
development commission, or joint powers agency created for the purpose of community
redevelopment or community development that has the power of eminent domain from exercising
that power to acquire any real property if ownership of the property will be transferred to a private
party or private entity, unless the real property will be transferred to a public utility or the real
property is within a duly formed redevelopment project area in the County of San Bernardino, as
specified. The measure would also make related legislative findings and declarations .
http://ct2k2.capitoltrack.com/Bi1lSummary.asp?item=LongSummary&measure=ACA 2 6/6/2007
Status
ACA 2
': Current House
j Assembly
Walters Eminent domain.
Page 1 of 1
Long Author
Walters and La Malfa (Coauthors: Adams, Anderson, DeVore, Duvall,
Fuller, Huff, Jeffries, Maze, Nakanishi, Strickland, Tran, and Villines)
(Coauthors: Senators Aanestad, Ackerman, Battin, Cox, Harman,
Hollingsworth, and Wyland).
Status
6/4/2007 Re-referred to Com. on JUD.
Title
A resolution to propose to the people of the State of California an amendment to the Constitution of the State,
by amending Section 19 of Article I thereof, relating to eminent domain.
Relating To
Eminent Domain
Current Location
6/4/2007 JUD.
Text Version
': 5/31 /2007 Amended
Bill Type
Active
Non-Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program
Non-Fiscal
Non-Tax Levy
http://ct2k2.capitoltrack.com/BillStatus.asp?measure=ACA 2 6/6/2007
ACA 2 Assembly Constitutional Amendment -AMENDED
BILL NUMBER: ACA 2 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2007
INTRODUCED BY Assembly -~~~ ~~'- ~ '~ --
Members Walters and La Malfa
( Coauthors: Assembly Members
Adams, Anderson, DeVore,
Duvall, Fuller, Huff, Jeffries,
Maze, Nakanishi, Strickland,
Tran, and Villines )
( Coauthors: Senators
Aanestad, Ackerman, Battin, Cox,
Harman, Hollingsworth, and Wyland
)
DECEMBER 4, 2006
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 19
of Article I thereof, relating to eminent domain.
LEGISLATIVE COUNSEL'S DIGEST
ACA 2, as amended, Walters. Eminent domain.
The California Constitution authorizes private property to be
taken or damaged for public use only when just compensation has been
paid to, or into court for, the owner of the property.
This measure would instead permit private property to be taken or
damaged only for a stated public use and only when just compensation
has been paid to, or into court for, the owner of the property. The
measure would also prohibit, with respect to both new and pending
eminent domain projects that involve the exercise of the power of
eminent domain, a community redevelopment agency, community
development commission, or joint powers agency created for the
purpose of community redevelopment or community development
that has the power of eminent domain from exercising that power to
acquire any real property if ownership of the property will be
transferred to a private party or private entity,
unless the real property will be transferred
to a public utility or the real property is within a duly formed
redevelopment project area in the County of San Bernardino, as
specified. The measure would also make related legislative findings
and declarations
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
WHEREAS, The Legislature finds and declares all of the
following:
(a) Current law recognizes that the closure of two or more
military facilities within San Bernardino County has caused serious
economic hardship in that county, including, but not limited to, the
loss of jobs, increased unemployment, deterioration of properties,
and land utilization, and undue disruption of people's lives and
Page 1 of 2
http://ct2k2.capitoltrack.comBills/asm/ab_0001-0050/aca_2 bill_20070531_amended_asm... 6/6/2007
ACA 2 Assembly Constitutional Amendment -AMENDED
activities.
(b) This measure addresses these conditions by permitting a
community redevelopment agency, community development commission, or
joint powers agency that has the power of eminent domain to acquire
by eminent domain an d transfer to a private party or private entity
certain real property that is located in proximity to military
facilities and installations closed pursuant to the provisions of
Public Law 100-526, the Defense Authorization Amendments and Base
Closure and Realignment Act; now therefor, be it.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2007-08 Regular Session
commencing on the fourth day of December 2006, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
That Section 19 of Article I thereof is amended to read:
SEC. 19. (a) Private property may be taken or damaged only for
a stated public use and only when just compensation, ascertained by
a jury unless waived, has first been paid to, or into court for, the
owner. The Legislature may provide for possession by the condemnor
following commencement of eminent domain proceedings upon deposit in
court and prompt release to the owner of money determined by the
court to be the probable amount of just compensation.
(b) Except as described in
subdivision (d) and notwithstanding any other provision, a
community redevelopment agency, a community development
commission, or a joint powers agency created for the
purpose of community redevelopment or community development
that has the power of eminent domain shall not exercise the power of
eminent domain to acquire any real property if ownership of the
property will be transferred to a private party or private entity,
other than a public utility as defined in Section 216 of the Public
Utilities Code, as that section read on January 1, 2007.
(c) Subdivision (b) shall apply to both new and pending projects
that involve the exercise of the power of eminent domain, except that
it shall not apply if a resolution of necessity with respect to that
project was adopted pursuant to the requirements of Section 1240.040
of the Code of Civil Procedure, as that section read on January 1,
2007, prior to the effective date of the amendment adding this
subdivision. For purposes of this subdivision, a project involves the
exercise of the power of eminent domain when an attempt is made to
acquire a property if it is stated or otherwise implied that the
property may be taken by eminent domain.
(d) Subdivision (b) shall not apply to real property that is
within a duly formed redevelopment project area in the County of San
Bernardino as of January 1, 2008, if the real property is in
proximity to, as that term is defined by the Legislature, a military
facility or installation closed pursuant to Public Law 100-526, the
Defense Authorization Amendments and Base Closure and Realignment
Act.
Page 2 of 2
http://ct2k2.capitoltrack.com/Bills/asm/ab_0001-0050/aca_2 bill_20070531_amended_asm... 6/6/2007
ACA 8 Materials from League
Summary Page 1 of 1
(De La
ACA 8 Torre) Eminent domain.
From text dated: 05/31/07
The California Constitution authorizes private property to be taken or damaged for public use only
when just compensation has been paid to, or into court for, the owner of the property. This measure
` would require the public use for which the private property is taken to be stated in writing, prior to
the commencement of eminent domain proceedings. The measure would prohibit the state and local
', governments from acquiring by eminent domain an owner-occupied residence, or real property on
'' which a small business is operated, for the purpose of conveying that property to a private person,
except as specified. The measure would provide that if the property ceases to be used for the stated
public use, the former owner would have the right to reacquire the property, as specified. The
measure would provide procedures for reacquisition of the property and for assessment of the value
of the reacquired property.
http://ct2k2.capitoltrack.com/BillSummary.asp?item=LongSummary&measure=ACA 8 6/6/2007
Status
ACA 8 De La Torre Eminent domain.
Current House Long Author
Assembly De La Torre (Principal coauthors: Huffman, Jones, and Mullin).
Status
6/4/2007 Re-referred to Com. on JUD.
Page 1 of 1
Title
A resolution to propose to the people of the State of California an amendment to the Constitution of the State,
by amending Section 19 of Article I thereof, relating to eminent domain.
!, Relating To
Eminent Domain
Current Location
6/4/2007 JUD.
Text Version
5/31 /2007 Amended
Bill Type
Active
Non-Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
http://ct2k2.capitoltrack.com/Bi1lStatus.asp?measure=ACA 8 6/6/2007
ACA 8 Assembly Constitutional Amendment -AMENDED
BILL NUMBER: ACA 8 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2007
INTRODUCED BY Assembly Member De La
Torre
( Principal
Assembly Members
Mullin
coauthors:
Huffman, Jones,
MARCH 13, 2007
and
A resolution to propose to the people of the State of California
an amendment to the Constitution ,
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_ _ _ _ _ _ _ _ _ _ - _ - . __ _ _ _ _ -- l - - - J
of the State, by
amending Section 19 of Article I thereof, relating to eminent domain.
LEGISLATIVE COUNSEL'S DIGEST
ACA 8, as amended, De La Torre
________ _ _ _______ . Eminent domain.
The California Constitution authorizes private property to be
taken or damaged for public use only when just compensation has been
paid to, or into court for, the owner of the property.
This measure would require the public use for which the private
property is taken to be stated in writing, prior to the commencement
of eminent domain proceedings.
The measure would prohibit the state and local governments from
acquiring by eminent domain an owner-occupied residence, or real
property on which a small business is operated, for the purpose of
conveying that property to a private person, except as specified.
The measure would provide that if the property ceases to be used
for the stated public use, the former owner would have the right to
reacquire the property, as specified. The measure would provide
procedures for reacquisition of the property and for assessment of
the value of the reacquired property.
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Page 1 of 6
http://ct2k2.capitoltrack.com/Bills/asm/ab_0001-0050/aca_8 bill_20070531_amended_asm... 6/6/2007
ACA 8 Assembly Constitutional Amendment -AMENDED
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Vote: 2/3. Appropriation: no. Fiscal committee: ~
yes State-mandated local program: no.
Resolved, by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2007-OS Regular Session
commencing on the fourth day of December 2006, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
First-- That Section 19 of Article I thereof is amended
to read:
SEC. 19. (a) (1)
Private property may be taken or damaged for public use only when
just compensation, ascertained by a jury unless waived, has first
been paid to, or into court for, the owner. The Legislature may
provide for possession by the condemnor following commencement of
eminent domain proceedings upon deposit in court and prompt release
to the owner of money determined by the court to be the probable
amount of just compensation.
(2) Prior to the commencement of eminent domain proceedings, the
public use for which the private property is taken shall be stated in
wri Ling.
(b) The State or a local government shall not acquire an
owner-occupied residence by eminent domain for the purpose of
conveying the real property to a private person.
(c) The State or a local government shall not acquire by eminent
domain any real property on which a small business is operated, for
the purpose of conveying the real property to a private person.
(d) Notwithstanding subdivision (c) , real property tha t is within
the area included in a comprehensive plan to eliminate blight and on
which a small business is operated may be acquired by eminent domain
for the purpose of conveying the property to a private person only if
the small business owner is first provided a reasonable opportunity
to participate in the plan. If the small business owner does not
participate in the plan, the owner shall be paid reasonable
relocation expenses or an amount not less than the fair market value
of the small business, at the option of the small business owner. No
payment made pursuant to this subdivision shall duplicate any other
payment to which the small business may be entitled for the same
purpose under 1a w.
(e) Subdivisions (b) and (c) do not apply if the stated public use
is a public work or improvement. However, if the owner-occupied
residence or property on which a small business is located is
acquired by eminent domain for a public work or improvement, the
owner from whom it was acquired shall have a reasonable opportunity
to repurchase the property, in accordance with subdivision (g) ,
before its conveyance for a use other than a public work or
improvement .
Page 2 of 6
http://ct2k2.capitoltrack.com/Bills/asm/ab_0001-0050/aca_8_bill_20070531_amended_asm... 6/6/2007
ACA 8 Assembly Constitutional Amendment -AMENDED
(f) When any private property was acquired by eminent domain for
public use, and the State or local government determines that the
property is no longer required for public use, the owner from whom
the property was acquired shall have a reasonable opportunity to
repurchase the property in accordance with subdivision (g) before its
conveyance by the State or a local government for other than a
public use.
(g) The opportunity of the prior owner to repurchase the property
shall be subject to all of the following:
(1) The State or local government shall use reasonable diligence
to Locate the former owner.
(2) The opportunity to repurchase shall be at the then current
fair market value. However, if the property acquired by eminent
domain was an owner-occupied residence, the opportunity to repurchase
shall be at a price equal to the assessed value to be enrolled for
the property under paragraph (3) , increased by the fair market value
of any improvements, fixtures, or appurtenances added by the State or
local government.
(3) Upon reacquisition by the property owner from whom the
property was acquired, the assessed value of the property shall be
the value in the year of acquisition by the State or local
government, adjusted as authorized by subdivision (b) of Section 2 of
Article XIII A. If the property is reacquired by the property owner,
then the acquisition by the State or local government, and the
reacquisition by the property owner, shall not constitute a "change
of ownership" for purposes of subdivision (a) of Section 2 of Article
XIII A.
(4) The opportunity to repurchase applies only to the property
owner from whom the property was acquired, and does not apply to any
heirs or successors of the owner, or, if the owner was not a natural
person, to an entity that ceases to legally exist. The opportunity to
repurchase may be waived in writing.
(5) The Legislature may provide a procedure that constitutes a
reasonable opportunity to repurchase, and may specify the contents of
written notice of the opportunity to repurchase.
(h) For purposes of this section, the following terms have the
following meanings:
(1) "Conveyance" means a transfer of real property, whether by
sale, lease, gift, franchise, or otherwise.
(2) "Local government" means any city, including a charter city,
county, city and county, school district, special district,
authority, regional entity, redevelopment agency, or any other
political subdivision within the State.
(3) "Owner-occupied residence" means real property tha t is
improved with a single family residence such as a detached home,
condominium, or townhouse, and that is the owner's principal place of
residence for at least one year prior to the State or local
government's initial written offer to purchase the property.
"Owner-occupied residence" also includes a residential dwelling unit
attached to or detached from the single family residence, if the
attached dwelling unit provides complete independent living
facilities for one or more persons.
(4) "Person" means any individual or association, or any business
entity, including, but not limited to, a partnership, corporation, or
limited liability company.
(5) "Public work or improvement" means facilities or
infrastructure for the delivery of public services such as education,
police, fire protection, parks, recreation, emergency medical
services, public health services, libraries, flood protection,
streets or highways, public transit, railroads, airports and
Page 3 of 6
http://ct2k2.capitoltrack.com/Bills/asm/ab_0001-0050/aca_8_bill_20070531_amended_asm... 6/6/2007
ACA 8 Assembly Constitutional Amendment -AMENDED
seaports, utilities, common carrier or other similar projects such as
energy-related, communication-related, water-related and
waste-water-related facilities or infrastructure, projects identified
by a State or local government for recovery from natural disasters,
and private uses incidental to, or necessary for, the public work or
improvement .
(6) "Small business" means a business employing no more than the
equivalent of 25 full-time employees, but does not include the owner
of the real property that is acquired if the primary business of that
owner is to lease the real property to others.
(7) "State" means the State of California and any of its agencies
or departmen is .
(i) Subdivisions (b) and (c) do not apply when the State or a
local government exercises the power of eminent domain for the
purpose of protecting public health and safety; preventing serious,
repeated criminal activity; responding to an emergency; or remedying
environmental contamination that poses a threat to public health and
safety.
Second-- Paragraph (2) of subdivision (a) of, and
subdivisions (b) to (i) , inclusive, of, Section 19 of Article I of
the California Constitution, which would be added by this measure, do
not apply to the acquisition of real property if the initial written
offer to purchase the property was made on or before January 1,
2008, and a resolution of necessity to acquire the real property by
eminent domain was adopted on or before December 31, 2008.
Third-- The words and phrases used in paragraph (2) of
subdivision (a) of, in subdivisions (b) to (g) , inclusive, of, and in
subdivision (i) of, Section 19 of Article I of the California
Constitution, which would be added by this measure, and which would
not be defined in subdivision (h) of that section, shall be defined
and interpreted in a manner that is consistent with the law in effect
on January 1, 2007, and as that law may be amended or construed
thereafter.
Fourth-- Paragraph (2) of subdivision (a) of, and
subdivisions (b) to (j) , inclusive, of, Section 19 of Article I of
the California Constitution, which would be added by this measure,
shall be liberally construed in furtherance of their intent to
provide homeowners and small businesses with protection against
exercises of eminent domain in which property is subsequently
conveyed to a private person.
Fifth-- The provisions of this measure are severable.
If any provision of this measure or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.
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Page4of6
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ACA 8 Assembly Constitutional Amendment -AMENDED
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ACA 8 Assembly Constitutional Amendment -AMENDED
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Page 6 of 6
http://ct2k2.capitoltrack.com/Bills/asm/ab_0001-0050/aca_8_bill_20070531_amended_asm... 6/6/2007
Agenda Item
__ •
'_ ~~~\ ~ ~~ Reviewed:
.ti~~~ - :.~. ~ AGENDA REP O
„~,,~ City Manager
~t-
~~~ ~~;f- Finance Director
MEETING DATE: JUNE 19, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: HOUSE OF REPRESENTATIVES (H.R.) 2447 -ENERGY AND
ENVIRONMENT BLOCK GRANT PROGRAM
SUMMARY
18
N/A
H.R. 2447 would establish an Energy and Environment Block Grant Program that would
appropriate approximately 24 billion dollars over five years to the Secretary of Energy to
be provided to territories, commonwealths, and possessions of the United States, states,
counties, and cities in the form of block grants. These grants could be used for a variety of
specified activities that promote energy efficiency and climate protection.
H.R. 2447 was introduced on May 23, 2007, and was referred to the House Committee on
Energy and Commerce and to the House Committee on Science and Technology for a
period of time to be determined by the Speaker of the House of Representatives.
RECOMMENDATION:
That the City Council direct staff to monitor H.R. 2447 and provide an update to the
Council on the status of H.R. 2447 within the next sixty (60) days.
FISCAL IMPACT:
There are no fiscal impacts associated with this action.
Scott Reekstin
Senior Planner
Elizabeth A. Binsack
Community Development Director
Attachment: H.R.2447
I
ll~2~ll CONGI~,ESS
1ST SESSIO\
• •
To establish an Ener~;~- and Fn~~ironmeiit Flock Grunt Yro~ram, and for
other purposes.
IN THE HOlTSE OF REYRESENT14TItiTES
~~~i Z3, 2007
i~jr. ~~~ VN (fol' }llmself, 1V1I'. 'ri?R\~+ R,, l~'Ir. Eti'GEI,, i~'l]'. Y11I,I,OVE, i~r. KF.~'-
1\EDI', Dh'. I\SLEF, i~7]'. I3tiTTEHFIELD, ~1'. «'FI1~'FR, DIl'. H.~STI\US of
Florida, and iVlr. CARN.IH~~y') introduced the follo~~~in~ l~~ill; ~~liich was re-
ferred to the Committee on Fnergy and Commerce, and in addition to
the Committee on Science and Teclmoloav, for a period to be subse-
~~uenth- determined by the Speaker, in each case for consideration of such
pro~~isioiis as fall within tl~ie jurisdiction of the coziiinittee concerned
A BILL
Tu establish stn Enemy end Envirunnlent Eyck Gr~lnt
Pro~ra,m, and fur other purluses.
1 he ~~;t e~n-actea? dry the ~~e,~r~-a,te a~r~,~l House of Pef~~r•ese~r~,tu-
2 t,~i~~es of the Un,~r'tect ~~~tutes of'Arr~e~~~~~~cu, ~i~rz Con,q~r~ess c~sse~rr~~hlec.~,
3 SECTION 1. SHORT TITLE.
4 This Act rn~t~~~ be cited as the "Enemy ~~n~~ Erlvirun-
5 ment Elock Grant 11ct of 2007".
6 SEC. 2. FINDINGS.
7 The Congress finds the following:
2
1 (1) Lased on ~, recent ITnited ~~ations report,
2 the world scientific comml~nity now ~,~rees th~~t g ~lol~-
3 al w~,rmitlg ~ is caused key the emission of g~reenhollse
4 uses from human bohavior and activity.
5 (2) Tho ITnited ~tatos, while r•ep~~~osonting• loss
6 than 5 porcont of tho world's popnlatiol~l, reloasos ~~
7 projected 25 percent of all ~reenhollse g•~ses emitted
8 worldwide.
9 (3) Local ~overnmerlts are particularly well po-
10 sitionecl to develop, implement, and promote energy
11 efficiency and ~reonhouso has reduction strategies ~~,t
12 the communit~~ level, as ~~~~rt of ~, com~~~rehensive n~,-
13 tion~,l strategy to address global warming.
14 (4) The release of si~;Iiific~;nt amrn~nts of greon-
15 house g~a es occurs as a result of energy consumed
16 by buildings and homos, and 39,300,000 new homes
17 end 20,000,000,000 sdl~aro foot of commorcial offico
18 spaco arc' projoctod to bo constrllctod botwoon 2007
19 and 2031.
20 (5) Local governments, through ro~~ised building
21 codes, building inspection, and the promotion of en-
22 orgy efficient retrofits and conservation measures,
23 aro uniquely positioned to work with their local busi-
24 ness comYnunities to encour~.ge enorg~~ officioncy ~,nd
•HR 2447 IH
:~
1 greenhouse gas reduction stratc~ies within the bl~ild-
2 in~;~ construction an~~ nia.na.~enlent sectors.
3 (6) Tl~le ~~evelopment of colnmunit~~-based con-
4 nervation programs that reduce the usa~~e of ener~;~~
5 in l~lornes and transportation will yield immediate
6 and significant 1~•edl~ctions of a jl~risdiction's o~~e1•a~ll
7 carbon emissions. l~~Ia~ny cities have already signed
8 Climate Protection l~~;reements, including a foal of
9 all buildings being; carbon neutral by 2030.
10 (7) Local governments control or influence land
11 usc, transportation, a,nd development planning that
12 directl~~ il7ipacts the design of a, conlnn~nit~~, a lilajor
13 factor in the amount of ~reenho~~sc gases enlittc~d.
14 (~) The development of local enemy and envi-
15 ronrnent comprehensive plans «~ill provide local gov-
16 ernments the strate~•ies thc;y need to establish spe-
17 cific enemy efficiency and greenhouse gas emission
18 redl~ction goals and milestones.
19 SEC. 3. DEFINITIONS.
20 For purposes of this Act-
21 ~ (1) the term "eligible entity" means a State or
22 an eligible unit of local goverl~lment ~~~ithin a State;
23 (~) the term "eligible unit of local government"
24 mea,ns-
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(A) a cite «rith ~, po~n~lat~en of at lc~.st
50,000; ~,nd
(~) ~ county with ~, population of at lest
200,000;
(3) the term "~reenhetlse ~~,~" rneans-
(11) cal'~~on dioxide;
(B) methane;
~~v~ n1tI'OL1S 011de;
(D) hydrofluorocarbons;
(E) perfluorocarbons;
(F) sinful' he~afluoride; a,nd
(G) any other ~ntnlrc~~~~;enie~lh~-c~lrlitted
gas that is determined ~~~~ the Secretary, after
notice end conimcnt, to contribute to ~lon~~1
warming to a 11011-ne~li~in~le degree;
(4) the term "Secretary" lrlea~ns the Secretary
of Enemy; and
(5) the term "State" means idle of tn~e 50
States, the District of Columbia, the Common~~~ealth
of Puerto Pico, Guam, American Samoa, the 1Tnited
States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and any other common-
wealth, territory, or possession of the United States.
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1 SEC. 4. ESTABLISHMENT OF PROGRAM.
2 The Secretary sha11 establish an Enemy and Envirorl-
3 meat Block Grant Program to make block grants to eligi-
4 ble entities as provided in this Act.
S SEC. 5. ALLOCATIONS.
6 (a) IN GENERAL.-Of the funds appropriated for
7 making grants under tlli~s Act for each fiscal year, the Sec-
8 ret~,ry shall allocate 70 percent to be provided to eligible
9 units of loci govc~rllment ~.s pro~~idecl in subsection (b)
10 ~,T~ld ~~0 percent to be pro~~idcd to States as pro~~idcd irl
11 subsection (e).
12 (b) ELIGIBLE TJ~'ITS ~F L~~~AI, GwERN~IFNT.-The
13 Secretary sha11 provide grants to eligible ~lnits of local gov-
14 ernment according to a fornll~la, giving ecp:~al weight to-
15 (1) population, according to the most rece~~lt
16 available Census data; and
17 (2) daytime population, or another similar fac-
18 for such as square footage of commercial, office, and
19 industrial space, as determined by the Secretar~r.
20 (c) STATES.-The Secretary sha11 pro~~ide grants to
21 States according to a formula, based on population, accord-
22 ing to the most recent available Censlzs d~.ta~.
23 (cl) PURLI(~ATIn\T nF AIJIJGCaTIGN FGR~II-La~.-Not
24 later than 90 days before the beginning of any fiscal year
25 in whicl~l grants are to made under this Act, the Secrcta.ry
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1 shall publish in the Federal Register the formulas for allo-
t cation described in subsection (b) (1) a,lid (~~) (2) .
3 SEC. 6. ELIGIBLE ACTIVITIES.
4 Funds provided throl~gh a grant under this l~lct may
5 be used for the follo~~-ing activities:
6 (1) Development and irnplemerltation of an En-
7 orgy Efficiency a.nd Climate Protection Strateg;~~
8 tinder section ~ or 9.
9 (2) Retaining technical consultant seY~~ices to
10 assist an eligible entity in the development of such
11 Stra,teg~r, including-
12 (~1) estirna.tion of the 1 ~ ~) 0 levels of green-
13 hol~sc gas emissions within the jurisdiction of
14 the eligible ci~ltity;
15 (1~) determination of baseline greenhouse
16 gas emissions for 2006 or the most recent ,year
17 for best available data;
18 (C) formulation of enemy efficiency and
19 greenhouse gas emis~~ion reduction goals;
20 (D) identification of strategies to meet
21 such. goals through major emitters of green-
22 house gases;
23 (E) identification of strategies to encour-
24 age bella,viora,l changes among the popul a,ce
25 that will hrlp achieve such goals;
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1 (F) development of rrlethods to rncasl~rc
2 progress in ~,chievil~lg such goals;
3 (G) de~~elopment and preparation of anYllzal
4 reports to the citizenr~~ of the eligible entit~~'s
5 energy efficiency and greenhol,~se gas redl_iction
6 st~~°ategies and gods, and progress in achie~~ing
7 them;
8 (H) analysis of potential mitigation strate-
9 gies to offset the negative environmental im-
10 pacts of global warming on the communit~~; and
11 (I) other services to assist in the imple-
12 mentation of the Energy Efficiency ~n~l Climate
13 Protection Str~.tegv.
14 (3) Conducting energy ali~lits.
15 (4) Development arld implementation of wca.th-
16 erization programs.
17 (5) Creation of financial incentive programs for
18 energy efficiency 1~•etrofits, inclining ze~~•o-interest oi'
19 to«~-interest revoh~ing loan fiends.
20 (6) Gra~~lts to nonprofit organizations and gov-
21 ernmental agencies for energy retrofits.
22 (7) Development and implementation of energy
23 efficiencyy programs a,nd technologies for buildings
24 and facilities of nonprofit organi~~,tions and govern-
25 nicntal agencies.
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(~) Developrncnt and implenlent~.tion of h~~il~l-
in~r a,nd home erler~~r conservaaion pro~ratrls, includ-
in~~-
(~1) design and opera ion of the programs;
(I~) research on the most effective methods
for achieving; maYimt rn participation and effi-
ciencj' ra~teS;
(L) public education;
(D) measurement protocols; and
(E) identification of ener~~y~ efficient tech-
nolo~ies.
(9) Develop171ent and implenlenta,tion of trans-
portation fi~el coriselva,tion hro~raxlls, includin~;-
(A) promotion of public transit ridership;
(~) car pooliYl~;
(L) reduction of vehicle miles traveled;
(D) increase in trip efficiencies;
(E) l.lse of flex time by employers;
(F) satellite work centers; and
(G) other measures that have the effect of
increasing fuel efficiencies and decreasing fuel
consumption.
(1 U) Development and implementation of alter-
native filel technologies in public fleets that result in
si~nifica,nt ~reenhotlse ~a,s emission reductions, in-
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1 eluding the retrofitting of diesel bus fleets with high
2 technology oxharlst filters end the purchase of zero-
3 omission h~rclrogcrl filel cell buses.
4 (11) Development and implementation of alter-
5 native fool infrastrlrcturo that results in significant
6 rodlrctions in greonholrso ga omissions.
7 (12) Development a,nd implementation of intol-
8 ligont transportation systems designed to reduce
9 congestion and related gr•eonhouso gas emissions.
10 (13) Development and implementation of build-
11 ing codes and inspection services for public, commer-
12 cial, industrial, end single end nn~~ltifa,rnih~ rosiden-
13 ti~,l buildings to promote energ~~ efficiency.
14 (14) Application and implcrnent~,tion of alter-
15 native energy end energ~~ distribution technologies
16 that significanth~ increase energy efficienc~~ and ro-
17 duce groonhonso gas omissions, including solar,
18 wind, geothermal, distt•ict boating and cooling sys-
19 toms, and other renewable energy resources.
20 (15) Development and promotion of land use
21 guidelines or requirements that result in energy effi-
22 ciency and greenhouse gas emission reductions, in-
23 eluding mixed use development, transit-oriented do-
24 velopment, active living land use planning, ~,nd ~;ltor-
25 native transportation irlfr~,structlrre such ~,s bike
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1 lanes ar~d pathways, pedestrian-oriented transpor-
t t~,tion, ~,nd parking for ~.lterl~l~,tive forz~ls of tr~:ns-
3 portatioli.
4 (16) Promotion of greater participation a.nd ef-
5 ficiency rates fol~ n~l~t~ri~,l consolv~ttion ~~~ro~1~~,11~1s, in-
6 clttding; source redl:~ction, recycling ~, and recycled
7 content procurement prog~ra,ms that lead to increases
8 in enemy efficienc~~ and reductions in ~reell~iouse
9 ~;as emissions.
10 (17) Establishment of an office to assist in the
11 development and implementation of the Energy Effi-
12 ciency a,nd Climate Protection Strategy.
13 SEC. 7. INELIGIBLE ACTIVITIES.
14 Funds provided thrrn~g ~h a ~ra,nt under this ~4et nla:y
15 be not used for the following a,eti~~itics:
16 (1) Purchase or leasing of equipment or vehi-
17 Iles for the private sector.
18 (2) Purchase of pollution control eq~~ipment for
19 private electric utilities.
2O SEC. S. REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL
21 GOVERNMENT.
22 (a) PROPOSED STRATEGY.-Not later than 1 ~~ear
23 after being a«~arded a grant under this Act, an eli g~ible
24 unit of local government shall submit to the Secretary a
25 proposed Energy Efficiency and Climate Protection Strat-
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1 eg~~ which establishes goals for increased cnerg~~ efficiency
2 a,nd reductio~i of greel~louse ga.s cnlissions in the jurisdic-
3 Lion of the eli~lblc lulus of local government. The Strate~~~
4 shall include plans for tl~le use of finds received under the
5 grant to assist the eligible l~nit of local government i~~l the
6 achievement of suc~l goals, consistent «-ith sections 6 a.nd
7 7. In developing such a Strategy, an eligible l~nit of ]oca.l
8 government shall take into a.ecount ally plans for the use
9 of ftulds by adjoining eligible units of local ~overtiments
10 filnded under this Act.
11 (b) 1~'PR~o~~AL.-The Secretary shall approve o~~• dis-
12 a.p~~~rove a proposed Strategy submitted under su~~section
13 (a) not later than 90 da~~s after receiving it. If the Sec-
14 rotary disa,pprwcs a. proposed Strategy, the Secretary
15 shall provide to the eligible unlit of local government the
16 reasons for snob disapproval. The eligible unit of local gov-
17 ernment may revise and resubmit the Strategy, a~s many
18 times a.s rewired, until approval is granted.
19 ~C~ FUNDI\TG FOR PREPAR,ATIO\' OF STRATEC~I.-
20 (1) I~ C~EyTERAI~.-TJntil the Secretary has ap-
21 proved a proposed Energy Efficiency and Climate
22 Protection Strategy under subsection (b), the Sec-
23 rotary shall only disburse to an eligible unit of local
24 government $00,000 or ~0 percent of the Brant,
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1 whichever is grc~,ter, whicl~l ~~1~,y l:~c llse~l onh, for
2 prepa,r~,tioll of the Stra.te~,y.
3 (2) REiVIAINllEK OF FU~'vS.-The remainder of
4 an eligible unit of local government's grant firnds
5 awarded blot not disbl.u~sed lender paragraph (1)
6 shall remain awaildble and shall be disbursed by the
7 Secretary upon apps°o~~al of the Str•~lte~~y~.
8 (d) LrnzITATlo~rs oar UsE of FtT~r~s.-Of the
9 amounts provided through a grant under this Act, an eligi-
10 bee unit of local go~~ernment may use-
11 (1) not more than 10 percent, or ~7~~,000,
12 whichever is greater, for adlninistra,ti~~e e~~enses,
13 not including expenses needed to meet ~~e~~~orting re-
14 c~uirements under this Act;
15 (2) not more than ~0 percent, or ~2~0,000,
16 whichever is greater, for the estaulishment of revoh~-
17 ing luau fiznds; and
18 (3) not morn than 2 0 percent, or ~2 ~ 0, 0 0 0,
19 whichever is greater, for subgranting to nongovern-
20 me~ltal organisations for the purpose of assisting in
21 the implementation of the Energy Efficiency and
22 Climate Protection Strategy.
23 (e) A~~~NZAL REPORT.-Not later than ~ ,years after
24 receipt of the first disbursement of funds from a grant
25 a.~warded lznder this Act, a,nd annually thereafter, a,n eligi-
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1 hle u11it of local government sh~11 suhniit ~, report to the
2 Secretary on the st~~tl~s of the Str~.te~y's development and
3 implemeY~itation, and, where ~~racticablc, ~, ~~est availahlc
4 assessmel~lt of ener~~~ efficiency gins end greenho~~se has
5 red~.~ctioYls wit~lin the jurisdiction of the eli~ihle unit of
6 local government.
7 SEC. 9. REQUIREMENTS FOR STATES.
8 (a) AI~I~oc~T1o~~ of GI~~a~~T FtT~T~s. A State receiv-
9 ing a grant under this Act shall use at least 70 percent
10 of the fiends received to provide subgrants to units of local
11 government in the State that are not eligible units of local
12 go~~ermnent. The State shall make such subgra,nt a~wa,rds
13 not later than 6 rllont~ls after ap~~roval of the State's
14 Strate~~' wider subsection (c).
15 (b) PR(~PO~El~ STRATFGI.-Not l~ cr than 1~0 da~~s
16 the date of enactment of t1~1is Act, each Std e shall submit
17 to the Secretary ~, proposed Enemy Efficiency end Cli-
18 made Protection Strateby which establishes a ~~rocess for
19 making sub~~rants described in s~ibsection (a), and estab-
20 lishes goals for increased ener~;~~ efficiency and reduction
21 of greenhouse gas emissions in the jurisdiction of the
22 State. The Strategy shall include plans for tie use of
23 funds received under a grant under this Act to assist the
24 State in the achievement of such goals, consistent with
25 sections 6 and 7.
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1 (c) ~LPPROti'AL.-The Seereta~ry shall aj~prwe ~r dis-
2 a,ppro~~c ~ proposed Strategy sl~bmitted under subsections
3 (b) not later tl~la~n 90 days after rcccivin~ it. If the Scc-
4 retary disapproves a. proposed Strategy, the Secretary
5 shall provide to the State the reasons for such disapproval.
6 The Stag may revise a,nd resl~bmit the Strategy, as many
7 times a,s required, until approval is ~•ranted.
S (d~ Ft?y'DIyG FOP PREP~IYI~TIOy OF STRATE(IY.-
9 (1) Iy~ GEyTERAL.-Until the Secretary has ap-
10 proved a proposed Fner~y Efficiency and Climate
11 Protection Strategy under subsection (b), tale Sec-
12 rotary shall only disburse to a, State X200,000 or ~0
13 percent of tale grant, whichever is greater, w~licll
14 ina,y be used only for prc~para.tion of the Straae~;y.
15 (2) REivral~~nER ~F Ft~~~ns.-The remainder of
16 a. State's grant finds awarded but not .disbursed
17 under para~rapl~l (1) sha11 remain available and shall
18 be disbursed by the Secretary upon approval of the
19 Strategy.
20 (e) LIiVIIT~'~TIO~ s oar TTsE of Fh~~~s.-Of the
21 amounts pro~~ided through a grant under this 11ct, a State
22 may use not more than 10 percent for administrative ex-
23 penses.
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1 (f) A~~NUAL REPORTS.-A State shall annually re-
2 port to the Secretary on the develo~llient ~,nd ilnplenlent~~-
3 Lion of its Stra~te~~~. Each such re~~ort shall include-
4 (1) ~ status report on the State's subbrant pro-
s brarn described in subsection (~ ),
6 (2) a. lest available assessment of enemy effi-
7 ciency bains and breenhol~se ba,s redl~ctions achieved
8 throubh the State's Strate~,~~; and
9 (3) specific enemy efficiency and breenllouse
10 bas reduction boils for filture ,years.
11 SEC. 10. REVIEW AND EVALUATION.
12 The Secretary may review and evaluate the perform-
13 a,nce of Brant recipients, inch~dinb b~~ perforlninb audits,
14 and nia,y deny fi~ndinb to such grant recipients for fa.ih~rc
15 to properh~ adhere to-
16 (1) the Secretary's ~~~idelines and re~;l~lations
17 rela,tinb to the prubl•a~71 l~rlder• this Act, includinb the
18 n~lis~~se or misapl~~ropriation of fiends; or
19 (2) the ~rarlt recddent's Strategy.
2O SEC. 11.OFFICE OF ENERGY AND ENVIRONMENTAL BLOCK
21 GRANTS.
22 (a) EST~~BZISH~IE~TT.-The Secretary shall establish
23 an Office of Enemy and En~~ironmental Block Grants to
24 administer the probram under this Act. The Director of
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1 the Office shall have the title of Assistant Secretary for
2 Energy Efficicnc~~ ~.nd Climate Protection.
3 (b) STATE A~w Loc.~r. AvvlsoR~ C01~IiVIITTEE.-The
4 Office shall establish a State a.nd Local Advisory Com-
5 mittee to provide it ~l~dvice re~ardin~ the administration,
6 di1•ection, and evaluation of the pro~rarn under this Act,
7 ally to assist in developing• pt•iorities for the Research,
8 Technical Assistance, and Education Prog ram established
9 under section 12.
10 (c) AhTxoRlzATlo~ of A~~~~RO~~R~~Tlo~~s.-There
11 are authorized to be appropriated to tl~~e Secretar~~ for ad-
12 ministra,tive expenses of the Office established under sub-
13 section (a)-
14 (1) X20,000,000 for fiscal ~~ear 2008;
15 (2) X20,000,000 for fiscal ~~ear 2009;
16 (3) X25,000,000 for fiscal ~~ear 2010;
17 (4) $25,000,000 for fiscal ,year 2011; and
18 (5) X30,000,000 for fiscal ,year 2012.
19 SEC. 12. RESEARCH, TECHNICAL ASSISTANCE, AND EDU-
2O CATION PROGRAM.
21 (a) EsTA13LISFID~ZE~~T.-The Office of Energy and
22 Environmental Block Grants shall establish and carry out
23 a Research, Technical Assistance, and Education Program
24 to pro~~ide-
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1 (1) techNical ~ssist~,nce t~ St~.te ~,nd local ~ev-
2 erNNlcnts;
3 (2) public education pro~rarns;
4 (3 } demonstration of innovative ener~,y effi-
5 ciency and ~;reenheuse ~;as redilcti~n systems, tech-
6 nolo~•ies, and practices; and
7 (4) research a,nd development of effective meas-
8 urement methodologies, methods for chan~in~ or ill-
9 fluencin~ public participation in enemy efficiency
10 and greenhouse has reduction probrams, and otl~ler
11 methods to increase public awareness of, ~~.nd action
12 ~N, the ~leb~1 w~,rnlin~ crisis.
13 (b) ELIGIPLE RECIPIENTS.-Eligible reci~~ients ~f as-
14 sist~.llee l~ndcr this section shall include St~,tc alld lec~1
15 ~oVernments, State and local government ~asoci~tions,
16 ~~~ublic and private Nonprofit organizations, and collc~es
17 alld lil"11Vf'rsltles.
18 (~) ~11TTHORIZ1~TIO~~ of APPROPRIATIONS.-Tl~lere
19 are authorised t~ be appro~~riated to the Secretary fir ca,l•-
20 r~~ing olat this section X150,000,000 for each. of the fiscal
21 ,years 2003 throub~h 2012.
22 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
23 Tl~lere are authorized to be appropriated to the Sec-
24 rotary for grants undel~• this 11ct-
25 (1) $4,000,000,000 fir fiscal year 200;
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1 (2) X4,000,000,000 for fiscal year 2009;
2 (3) $5,000,000,000 for fiscal year 2010;
3 (4) X5,000,000,000 for fiscal ,year 2011; anc~
4 (5) $6,000,000,000 for fiscal year 2012.
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