BILL ANALYSIS                                                                                                                                                                                                    

          |                                                                 |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |

          BILL NO: SB 1006                   HEARING DATE: April 13, 2010   

          AUTHOR: Pavley                     URGENCY: No  
          VERSION: April 5, 2010             CONSULTANT: Marie Liu  
          DUAL REFERRAL: Environmental Quality                         
          FISCAL: Yes  
          SUBJECT: Natural resources: climate change: Strategic Growth  
          The Strategic Growth Council (Council) was created by SB 732  
          (Steinberg, 2008) and consists of the Director of State Planning  
          and Research, the Secretary of the Resources Agency, the  
          Secretary for Environmental Protection, the Secretary of  
          Business, Transportation and Housing, the Secretary of  
          California Health and Human Services, and one public member. The  
          purpose of the council is to coordinate the activities of the  
          member agencies in order to more effectively and efficiently  
          achieve the following goals: improve air and water quality,  
          protect natural resource and agriculture lands, increase the  
          availability of affordable housing, improve infrastructure  
          systems, promote public health, and assist state and local  
          entities in the planning of sustainable communities and meeting  
          AB 32 goals. The council is charged with the following  
           Identify and review activities and funding programs of member  
            state agencies to meet the council's goals;
           Recommend policies and investment strategies and priorities to  
            encourage the development of sustainable communities;
           Provide, fund, and distribute date and information to local  
            governments and regional agencies that will assist in the  
            development and planning of sustainable communities; and
           Manage and award grants and loans from Proposition 84 to  
            support the planning and development of sustainable  

          On November 7, 2006, the voters approved the voter initiative  


          titled The Safe Drinking Water, Water Quality and Supply, Flood  
          Control, River and Coastal Protection Bond Act of 2006 (aka  
          Proposition 84).  One provision of Proposition 84 provided $90M  
          for urban greening projects that "reduce energy consumption,  
          conserve water, improve air and water quality, and provide other  
          community benefits." The council was directed to administer two  
          grant programs to with the urban greening monies- one for  
          projects and one for urban greening planning in 75129 of the  
          Public Resources Code. Eligible applicants for these funds are  
          specified as cities, counties, or nonprofit organizations for  
          the urban greening projects and councils of governments,  
          countywide authorities, metropolitan planning organizations,  
          local governments, or nonprofit organizations for the urban  
          greening planning projects.

          PROPOSED LAW
          This bill would require the Strategic Growth Council to provide  
          guidelines and information to local agencies with the intent on  
          assisting the agencies in developing and implementing climate  
          change adaptation strategies and projects that use nonstructural  
          approaches to protect communities and protect or enhance natural  
          ecosystem functions. 

          This bill would also expand the eligible applicants for the  
          urban greening project and planning grants to also include a  
          council of governments, countywide authority, metropolitan  
          planning organization, special district, and joint powers  

          The author, regarding the proposed expansion of the council's  
          responsibilities, states, "California is at the forefront of  
          climate change solutions that achieve significant, near-term  
          reductions in the carbon pollution that is causing global  
          warming.  Notwithstanding these essential mitigation measures,  
          California is already experiencing dramatic, unavoidable climate  
          change impacts due to carbon pollution already committed to the  
          atmosphere and oceans. These climate change impacts include  
          documented sea-level rise, increased erosion, increased weather  
          severity, altered water cycles, reduced snowpack and earlier  
          snow melt, increased wildfire occurrence and severity, altered  
          rainfall patterns, disrupted food supply, and migration of plant  
          and animal species. These impacts could expose the state and  
          local governments to trillions of dollars in costs. Thus, in  
          addition to mitigation, state and local governments must  
          strategically plan to adapt to these and other unavoidable  
          climate change impacts."


          The Watershed Conservation Authority in support of the bill,  
          regarding the eligibility expansion, "Currently JPAs and special  
          districts, such as Water or Parks and Recreation Districts, are  
          not included under the list of eligible applicants. Based on the  
          demonstrated performance of JPA's and special districts in green  
          projects, the incorporation of these additional groups to the  
          eligible applicant list is critical."

          The California Central Valley Flood Control Association, in  
          opposition to an earlier version of the bill states, "SB 1006  
          should be amended to preclude application of its provisions to  
          development of the Central Valley Flood Protection Plan and the  
          State Plan of Flood Control, as well as the Delta Levee  
          Maintenance and Special Projects programs. There are many areas  
          of the Central Valley and Delta where it is not feasible to use  
          nonstructural approaches to protect communities, particularly  
          practices that utilize, enhance, or mimic the natural hydrologic  
          cycle process."

           2009 California Climate Adaptation Strategy:  In December 2009,  
          the Resources Agency released the California Climate Adaptation  
          Strategy in response to Executive Order S-13-2008, which  
          directed the Resources Agency to identify how state agencies can  
          respond to rising temperatures, changing precipitation patterns,  
          sea level rise, and extreme natural events. The report noted  
          that climate change is already affecting California with  
          increased average temperatures, more extreme hot days, fewer  
          cold nights, shifts in the water cycle, and the lengthening of  
          the growing season. Not addressing these changes can cause  
          significant economic damages to the state in the trillions of  
          dollars. The report made a number of preliminary recommendations  
           State agencies and other levels of government should consider  
            project alternatives that avoid significant new development in  
            areas that cannot be adequately protected, and
           Communities with General Plans and Local Coastal Plans should  
            begin to amend their plans to assess climate change impacts,  
            identify areas most vulnerable to those impacts, and develop  
            reasonable and rational risk reduction strategies.
          The committee may find that this bill is consistent with these  
          recommendations and timely if the Legislature's desire is to not  
          only encourage local governments to plan for adaptation but to  
          influence how these plans approach adaptation. 


          Why the Strategic Growth Council?  The council is currently  
          designed to serve as a clearinghouse for information to local  
          governments to develop more sustainable communities. The  
          committee may find that that climate change adaptation  
          strategies, especially those that attempt to enhance and protect  
          natural ecosystem functions, is consistent with the concept of  
          "sustainable communities." The author recognizes that climate  
          change adaptation strategies is a developing field and that  
          establishing a clearinghouse of information helps foster  
          discussions on the best ways to approach adaptation.
          Why expand eligibility for Urban Greening Projects and Planning  
          Grants:  SB 732 inadvertently excluded joint power authorities  
          and special districts, including park districts, as eligible  
          entities even though these entities are likely agencies to  
          perform urban greening projects. Expanding the eligibility for  
          these grants is consistent with Proposition 84, the funding  
          source for these grants. 
          Status of the Urban Greening Project and Planning Grants:  The  
          council has finished developing guidelines for the first year of  
          urban greening project and planning grants and is currently  
          accepting applications for funds. This bill would presumably  
          only be intended to effect future grant cycles (The council  
          intends to have at three grant cycles with Proposition 84  
          dollars). Should the 2010 grant cycle be delayed into 2011 and  
          this bill is signed into law, the changes to eligible applicants  
          might cause confusion and increased administrative costs. If the  
          committee decides to pass this measure and it becomes apparent  
          that the 2010 grant cycle may be delayed, the author should  
          consider making it explicit that the expanded eligibility only  
          applies for grant cycles that begin after January 1, 2011.

           Double-referral to Environmental Quality:  Should the committee  
          pass this bill, it will next be considered by the Senate  
          Environmental Quality committee.
          Audubon California (co-sponsor)
          Defenders of Wildlife (co-sponsor)
          The Nature Conservancy (co-sponsor)
          California Coastkeeper Alliance
          California Outdoor Heritage Alliance
          California ReLeaf
          Mountains Recreation & Conservation Authority
          Tree People
          Watershed Conservation Authority 


          California Central Valley Flood Control Association - unless  
          amended (previous version)