Regional Climate Collaborative Program - Environmental Protection - CA Public Resources

Section § 71130

This section defines key terms related to projects aimed at helping under-resourced communities. 'Capacity building' means improving local abilities to compete for grants and carry out projects. A 'collaborative' is a group representing local needs to secure funding for climate projects. The 'Council' is the Strategic Growth Council which oversees this. A 'nonprofit organization' is a state-recognized group qualified under federal tax law. 'Stakeholders' are diverse groups like businesses and elected officials involved in projects. 'Technical assistance' involves guidance for developing, funding, and completing climate projects. Finally, an 'under-resourced community' refers to areas identified under specific health and safety codes in need of additional support.

For purposes of this part, the following terms have the following meanings:

(a) “Capacity building” is the process of strengthening local coordination, leadership, knowledge, skills, expertise, and access to resources in under-resourced communities with the goal of helping to develop or increase the ability of that community to independently compete for grants and implement projects in the future. Capacity building activities include, but are not limited to, identifying and planning for needed climate change mitigation and adaptation projects in a given region and identifying the tools and resources needed to successfully access, apply for, and receive grant funding.

(b) “Collaborative” means a coordinated body of regional stakeholder groups that are located in, serve, and represent the needs of the under-resourced communities within that region and that provide capacity building to those under-resourced communities within its region to access statewide public and other grant moneys for climate change mitigation and adaptation projects that maximize the benefits for the region.

(d) “Nonprofit organization” means a nonprofit corporation qualified to do business in the state and qualified under Section 501(c)(3) of the Internal Revenue Code.

(e) “Stakeholder” includes, but is not limited to, community-based organizations, nonprofits, businesses, faith-based organizations, interested individuals, elected officials, and local government agencies.

(f) “Technical assistance” means the process of providing the necessary education and resources for climate change mitigation and adaptation projects for any of the following:

(1) Project development.

(2) Grant development and writing for state and federal grant programs.

(3) The successful and appropriate expenditure of grant moneys for the successful completion of climate change mitigation and adaptation projects.

(4) Post-application and project implementation assistance.

(g) “Under-resourced community” means a community identified pursuant to Section 39711 of the Health and Safety Code, subdivision (d) of Section 39713 of the Health and Safety Code, or subdivision (g) of Section 75005.

capacity building local coordination under-resourced communities climate change mitigation adaptation projects regional stakeholder groups grant funding Strategic Growth Council nonprofit organization community-based organizations technical assistance grant development project development expenditure of grant moneys project implementation assistance

(Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019.)

Section § 71131

This law establishes a regional climate collaborative program to help under-resourced communities access grants for climate-related projects. The council must identify eligible communities, adopt guidelines, and ensure public participation in the process. Selected communities can form collaboratives with various organizations, like nonprofits and local governments, to jointly apply for grants.

The collaboratives should prioritize building capacity in the community, focusing on outreach, planning, and creating partnerships to secure funding for climate change projects. Each collaborative needs a managing stakeholder responsible for handling funds.

Annual reports on the activities and impact of the collaboratives are required, which the council will publish online. The law also mandates that guidelines be set by October 1, 2019, and exempts the section from certain administrative rules, with the program set to expire by 2029.

(a) A regional climate collaborative program is hereby established to be administered by the council to assist under-resourced communities within a region to access statewide public and other grant moneys.

(b) The council shall do all of the following in identifying eligible under-resourced communities and in selecting collaboratives:

(1) Adopt program guidelines that establish criteria for the selection of communities eligible for assistance in developing a collaborative. The program guidelines shall prioritize statewide geographic diversity and shall consider the region’s proportion of under-resourced communities and the region’s previous success in receiving competitive state climate change mitigation and adaptation moneys.

(2) Post the guidelines outlining the criteria on the council’s Internet Web site and solicit public comment.

(3) Hold at least one public hearing before selecting a community.

(4) Allow at least three months between the solicitation announcement and the selection of a collaborative by the council.

(5) Perform at least three outreach activities between the solicitation announcement and the selection of a collaborative by the council to provide information and assistance to a potential collaborative. The outreach activities shall be made available using advanced forms of technology to the extent possible.

(6) Establish collaboratives a minimum of two times over the course of the program established pursuant to this section.

(c) After selecting communities for collaboratives, the council shall award annual grants as moneys are appropriated by the Legislature to the council for the purposes of this part.

(d) Eligible applicants for a collaborative include, but need not be limited to, any of the following:

(1) Community-based organizations.

(2) Nonprofits and foundations.

(3) Small businesses.

(4) Local government agencies.

(5) Joint powers authorities.

(6) Tribal governments.

(7) Other organizations with a history of providing community-based outreach and technical assistance.

(e) Eligible applicants shall form a regional collaborative stakeholder structure and shall collectively submit one application based on a shared vision. With the application, the applicants shall collectively submit a memorandum of understanding that describes the governance and organization of the collaborative stakeholder structure.

(f) In selecting a collaborative, the council shall give priority to proposals that demonstrate strong and diverse partnerships, including with community-based organizations and other stakeholder groups.

(g) After being selected by the council, a collaborative shall provide capacity building services to assist in building the community-driven leadership, knowledge, skills, experience, and resources to identify and access public funding for climate change mitigation and adaptation projects within the under-resourced community. Where feasible, a collaborative shall leverage, complement, and build on existing regional efforts and resources for capacity building and technical assistance. Except if the council, in consultation with a collaborative, determines that an activity is unnecessary, a collaborative shall conduct at least all of the following activities for the region it serves:

(1) Conduct outreach and build awareness of competitive grant programs.

(2) Convene stakeholders to discuss community needs regarding potential climate change mitigation and adaptation projects eligible for statewide competitive grant programs with specific allocations for under-resourced communities.

(3) Develop community and project plans, including climate action plans, demonstrating local needs and identifying multiple-benefit projects for implementation.

(4) Support the development of partnerships between stakeholders and potential public and private funding sources.

(5) Provide policy, program, and technical advice to stakeholders to develop and align multibenefit projects with potential funding sources.

(6) Serve as an intermediary between community stakeholders and technical assistance programs within relevant agencies and coordinate scientific and technical support from outside experts.

(7) Coordinate and implement assistance and training to stakeholders in grant application development, project management, implementation, and monitoring.

(8) Assist in the development of local job training and anti-displacement programs and policies.

(h) Each collaborative shall select a managing stakeholder that can demonstrate the organizational capacity to complete projects and the financial capacity to receive and be accountable for moneys provided pursuant to this part. A managing stakeholder may include, but need not be limited to, a local government agency, community-based organization, foundation, small business, joint powers authority, tribal government, or other organization with a history of providing community-based outreach and technical assistance.

(i) The council shall provide advance payments of grant awards, over a period of not more than three years, to recipients to initiate and implement the collaboratives in a timely manner. In consultation with the Department of Finance, the council shall adopt guidelines imposing additional requirements relating to the provision of advance payments and the use of the advance payments by the grant recipient to ensure that the moneys are used properly.

(j)

(1) Collaboratives shall submit to the council an annual report that includes, but need not be limited to, all of the following:

(A) The members of the collaborative.

(B) Populations served.

(i) Technical assistance.

(ii) Capacity building.

(iii) Project and grant development, application, and completion.

(D) Meetings and actions taken by the collaborative.

(E) An accounting of the administration of and expenditures made by the collaborative.

(F) The outcome of each activity, including, but not limited to, all of the following:

(i) The efficacy of capacity building within the region.

(ii) Technical assistance provided.

(iii) Success of grants applied for.

(iv) Projects commenced and completed.

(2)

(A) The council shall post the annual reports on its Internet Web site and provide the reports to the relevant policy and fiscal committees of the Legislature.

(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(k)

(1) By October 1, 2019, the council shall adopt guidelines implementing this section.

(2) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to this section.

(l) This section shall become inoperative on October 1, 2029, and, as of January 1, 2030, is repealed.

regional climate collaborative under-resourced communities statewide public grants grant application community-based organizations capacity building services community-driven leadership public funding access climate change mitigation adaptation projects stakeholder partnerships local job training anti-displacement programs financial accountability annual reports council oversight

(Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019. Section inoperative October 1, 2029. Repealed as of January 1, 2030, by its own provisions.)

Section § 71132

By July 1, 2020, a council was required to create guidelines to help state agencies provide technical assistance, especially to under-resourced communities. These guidelines should include procedures and measures to efficiently deliver help across different programs.

The council must consult with relevant state bodies while developing these guidelines and should identify grants that might benefit from these guidelines.

Importantly, the usual rules for administrative procedures do not apply to these guidelines.

(a) By July 1, 2020, the council shall develop technical assistance guidelines that a state agency may use in delivering its technical assistance resources or in developing additional internal technical assistance policies, standards, or guidelines specific to the agency’s programs. The technical assistance guidelines may support established technical assistance programs and build upon best practices. The council’s technical assistance guidelines shall include, but need not be limited to, all of the following:

(1) Procedures and standards for state agencies providing direct technical assistance to under-resourced communities.

(2) Measures to provide efficient technical assistance across multiple programs, where applicable.

(b) The council shall consult with relevant state entities during the development of the technical assistance guidelines required pursuant to subdivision (a).

(c) The technical assistance guidelines required pursuant to subdivision (a) shall identify grants that would benefit from technical assistance policies, standards, or guidelines.

(d) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to this section.

technical assistance guidelines state agencies under-resourced communities best practices technical assistance programs efficient assistance grant benefits council consultation internal policies resource delivery Administrative Procedure Act exemption

(Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019.)