BILL NUMBER: SB 1006	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Pavley

                        FEBRUARY 10, 2010

   An act to  add Section 9005 to   amend
Sections 75125 and 75129 of the Public Resources Code, relating
to natural resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1006, as amended, Pavley. Natural resources:  climate
change.   climate change: Strategic Growth Council.
 
   Existing law requires the Strategic Growth Council to take certain
actions with regard to coordinating programs of member state
agencies to improve air and water quality, improve natural resource
protection, increase the availability of affordable housing, improve
transportation, meet the goals of the California Global Warming
Solutions Act of 2006, encourage sustainable land use planning, and
revitalize urban and community centers in a sustainable manner. 

   This bill would also require the council to take certain actions
with regard to coordinating programs to address climate change
impacts. The bill would require the council to provide guidelines and
distribute data and information to local governments and regional
agencies that will assist in developing and implementing climate
change adaptation strategies, projects, or activities, as described.
 
   Existing law requires the council, to support the planning and
development of sustainable communities, to manage and award financial
assistance to a city, county, or nonprofit organization for the
preparation, planning, and implementation of a specified urban
greening project.  
   This bill would, instead, require the council to manage and award
financial assistance to a nonprofit organization, council of
governments, countywide authority, a metropolitan planning
organization, local government, special district, joint powers
authority, or entity formed under a joint powers agreement. The bill
would provide that grants shall be awarded for those specified
activities.  
   Existing law declares that resource conservation is of fundamental
importance to the prosperity and welfare of the people of the state.
Existing law states that it is the policy of the state to adopt
conservation practices to save the basic resources of soil, water,
and air from unreasonable and economically preventable waste and
destruction.  
   There is in state government the Natural Resources Agency. The
agency consists of various departments including the Department of
Conservation, the Department of Forestry and Fire Protection, the
Department of Fish and Game, and the Wildlife Conservation Board.
 
   This bill would require the Natural Resources Agency, in
developing and implementing climate change adaptation strategies and
activities, to fully consider and undertake, to the maximum extent
practicable, initiatives that, among other things, protect or enhance
natural ecosystem functions in relation to wetlands, beaches, flood
plains, watersheds, and greenhouse gas emissions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 75125 of the   Public
Resources Code   is amended to read: 
   75125.  The council shall do all of the following:
   (a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code),  address climate change impacts,  encourage
sustainable land use planning, and revitalize urban and community
centers in a sustainable manner. At a minimum, the council shall
review and comment on the five-year infrastructure plan developed
pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of
Part 3 of Division 3 of the Government Code and the State
Environmental Goals and Policy Report developed pursuant to Section
65041 of the Government Code.
   (b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, consistent with
subdivisions (a) and (c) of Section 75065.
   (c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities. 
   (d) Provide guidelines and distribute data and information to
local governments and regional agencies that will assist in
developing and implementing climate change adaptation strategies,
projects, or activities that do all of the following:  
   (1) Protect or enhance natural ecosystem functions.  
   (2) Use effective nonstructural approaches to protect communities,
including practices that utilize, enhance, or mimic natural
processes and functions.  
   (3) Avoid environmental degradation and emission of greenhouse
gases.  
   (d) 
    (e)  Manage and award grants and loans to support the
planning and development of sustainable communities, pursuant to
Sections 75127, 75128, and 75129. To implement this subdivision, the
council may do all of the following:
   (1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
   (2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
   (3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
   (4) Provide for the time period for repaying a loan made pursuant
to this article.
   (5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
   (6) Provide technical assistance for application preparation.
   (7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129. 
   (e) 
    (f)  No later than July 1, 2010, and every year
thereafter, provide a report to the Legislature that shall include,
but is not limited to, all of the following:
   (1) A list of applicants for financial assistance.
   (2) Identification of which applications were approved.
   (3) The amounts awarded for each approved application.
   (4) The remaining balance of available funds.
   (5) A report on the proposed or ongoing management of each funded
project.
   (6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.

   SEC. 2.    Section 75129 of the   Public
Resources Code   is amended to read: 
   75129.  (a) To support the planning and development of sustainable
communities, the council shall manage and award financial assistance
to a  city, county, or  nonprofit organization 
, council of   governments, countywide authority,
metropolitan planning organization, local government, special
district, joint powers authority, or entity formed pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of the
Government Code, if at least one of the parties to the joint powers
agreement qualifies as an eligible applicant. Grants shall be awarded
 for the preparation, planning, and implementation of an urban
greening project that provides multiple benefits, including, but not
limited to, a decrease in air and water pollution, a reduction in the
consumption of natural resources and energy, an increase in the
reliability of local water supplies, or an increased adaptability to
climate change. An eligible project funded pursuant to this section
shall not include a mitigation action that is required under existing
law. The financial assistance provided pursuant to this section
shall be funded from moneys made available pursuant to subdivision
(a) of Section 75065.
   (b) The council shall develop minimum requirements for funding
eligible projects pursuant to this section, which shall require a
project to meet at least one of the following criteria:
   (1) Use natural systems, or systems that mimic natural systems, to
achieve the benefits identified in subdivision (a).
   (2) Create, enhance, or expand community green spaces.
   (c) The multiple benefits of a project, may include, but are not
limited to, the establishment or enhancement of one or more of the
following:
   (1) Tree canopy.
   (2) Urban forestry.
   (3) Local parks and open space.
   (4) Greening of existing public lands and structures, including
schools.
   (5) Multi-objective stormwater projects, including construction of
permeable surfaces and collection basins and barriers.
   (6) Urban streams, including restoration.
   (7) Community, demonstration, or outdoor education gardens and
orchards.
   (8) Urban heat island mitigation and energy conservation efforts
through landscaping and green roof projects.
   (9) Nonmotorized urban trails that provide safe routes for both
recreation and travel between residences, workplaces, commercial
centers, and schools.
   (d) The council shall give additional consideration to a funding
project pursuant to this section that meets one or more of the
following criteria:
   (1) The project uses interagency cooperation and integration.
   (2) The project uses existing public lands and facilitates use of
public resources and investments including schools.
   (3) The project is proposed by an economically disadvantaged
community.
   (e) Up to 25 percent of the moneys allocated pursuant to
subdivision (a) of Section 75065 may be used to award revolving loans
or grants to a  council of governments, countywide
authority, a metropolitan planning organization, local government, or
 nonprofit organization,  council of governments,
countywide authority,   metropolitan planning organization,
local government, special district, joint powers authority, or entity
formed pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of the Government Code, if at least one of the parties to
the joint powers agreement qualifies as an eligible applicant. Grants
shall be awarded  for the purpose of creating urban greening
plans that will serve as the master document guiding and coordinating
greening projects in the applicant's jurisdiction. These urban
greening plans shall be consistent with the jurisdiction's general
plan or regional plan, where one exists. 
  SECTION 1.    Section 9005 is added to the Public
Resources Code, to read:
   9005.  In developing and implementing climate change adaptation
strategies and activities, the Natural Resources Agency shall fully
consider and undertake, to the maximum extent practicable,
initiatives that do all of the following:
   (a) Protect or enhance natural ecosystem functions, including
protection, maintenance, or restoration of natural infrastructure as
wetlands, reefs, beaches, and estuaries to buffer communities from
floodwaters or storms, watershed protection to maintain water quality
and groundwater recharge, or flood plain restoration to improve
natural flood control capacity.
   (b) Use nonstructural approaches to protect communities, including
practices that utilize, enhance, or mimic the natural hydrologic
cycle process of infiltration, evapotranspiration, and reuse.
   (c) Are consistent with state and federal conservation and
environmental laws and, to the maximum extent practicable, avoid
environmental degradation and emission of greenhouse gases.
   (d) Draw upon lessons learned and best practices from existing
climate change adaptation planning efforts.