BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1006
                                                                  Page  1

          Date of Hearing:  June 28, 2010

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                    SB 1006 (Pavley) - As Amended:  June 21, 2010

           SENATE VOTE  :  22-14
           
          SUBJECT  :  Natural resources: climate change: Strategic Growth  
          Council.

           SUMMARY  :  Expands list of the type of data and information the  
          Strategic Growth Council (Council) must provide a local  
          government regarding the development and planning of sustainable  
          communities to include climate change adaptation strategies,  
          projects, or activities; and, expands the list of eligible  
          applicants for urban greening project and planning monies.   
          Specifically,  this bill  :

          1)Expands the requirement that the Council provide, fund, and  
            distribute data and information to local governments and  
            regional agencies that will assist in the development and  
            planning of sustainable communities, to include providing  
            information regarding climate change adaptation strategies,  
            projects, or activities that do all of the following: 

             a)   Protect, conserve, restore, or enhance natural ecosystem  
               functions;

             b)   Use effective approaches to protect communities from the  
               impacts of climate change, including practices that  
               utilize, enhance, or mimic natural processes and functions;  
               and,

             c)   Avoid or minimize, or both, environmental degradation  
               and emission of greenhouse gases.

          2)Requires the Council to identify and review activities and  
            funding programs of member state agencies that may be  
            coordinated to address climate change.

          3)Adds special districts and joint powers authorities to the  
            list of eligible applicants for urban greening projects and  
            plans.









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          4)Specifies that an eligible joint powers authority must contain  
            at least one member that individually would qualify as an  
            eligible applicant for the financial assistance. 

          5)Clarifies the definition of financial assistance to mean any  
            of the following:

             a)   A revolving loan;

             b)   A grant, only if the applicant lacks the fiscal capacity  
               to carry out the project without a grant in accordance with  
               developed criteria; or,

             c)   Planning grants and planning incentives, including  
               revolving loan programs and other methods to encourage the  
               development of regional and local land use plans that are  
               designed to promote water conservation, reduce automobile  
               use and fuel consumption, encourage greater infill and  
               compact development, protect natural resources and  
               agricultural lands, and revitalize urban and community  
               centers, as prescribed. 

           EXISTING LAW  :

          1)Establishes the Council, requires the Council to take certain  
            actions with regard to coordinating specified programs of  
            member state agencies, and requires the Council to manage and  
            award grants and loans to support the planning and development  
            of sustainable communities.

          2)Directs the Council to 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 AB 32 (Nunez), Chapter 488, Statutes of 2006, encourage  
               sustainable land use planning, and revitalize urban and  
               community centers in a sustainable manner;

             b)   Review and comment on the state's five-year  
               infrastructure plan and Environmental Goals and Policy  
               Report;









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             c)   Recommend policies and investment strategies to the  
               Governor, Legislature, and appropriate state agencies to  
               encourage the development of sustainable communities;

             d)   Provide, fund, and distribute data and information to  
               local governments and regional agencies that will assist in  
               developing and planning sustainable communities;

             e)   Manage and award grants and loans to support the  
               planning and development 
             of sustainable communities, pursuant to the provisions of  
               this bill, for which specified implementation actions may  
               be employed; and,

             f)   Provide, no later than July 1, 2010, and every year  
               thereafter, a report to the Legislature that shall include,  
               but not be limited to, a list of applicants for financial  
               assistance, identification of which applications were  
               approved, the amounts awarded for each approved  
               application, the remaining balance of available funds, a  
               report on the proposed or ongoing management of each funded  
               project, and any additional minimum requirements and  
               priorities for a project or plan proposed in a grant or  
               loan application developed and adopted by the Council.

          3)Requires an applicant for financial assistance for a plan or  
            project pursuant to this bill to declare its intention to  
            follow a detailed budget and schedule.

          4)Requires a project or plan funded pursuant to this bill to be  
            consistent with the state's planning policies and reduce (as  
            permanently as is feasible) greenhouse gas emissions  
            consistent with AB 32.

          5)Directs the Council to manage and award financial assistance  
            to a city, county, or nonprofit organization for preparing,  
            planning, and implementing urban greening projects that  
            provide multiple benefits, as specified, and are not  
            mitigation actions required under existing law.
          6)Specifies that this financial assistance shall be funded by  
            the $90 million in Proposition 84 funds allocated for urban  
            greening projects.

          7)Allows up to 25% of the moneys allocated for urban greening by  
            Proposition 84 to be used 








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          to award revolving loans or grants to a COG, countywide  
            authority, metropolitan planning organization, local  
            government, or nonprofit organization for the purpose of  
            creating urban greening plans.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

          1)According to the author, "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.  Social, cultural, and  
            economic resilience to these impacts is fundamentally rooted  
            in ecological resilience and attention must be given to  
            addressing the impacts of climate change on natural  
            ecosystems.  The state has recognized the importance of  
            adaptation in developing the California Climate Adaptation  
            Strategy, which summarizes the best known science on climate  
            change impacts in seven specific sectors and provides  
            state-level recommendations on how to manage against those  
            threats."

            SB 1006 requires the Council to develop and distribute  
            information to local governments and regional agencies that  
            will assist those entities to develop and implement climate  
            change adaptation strategies that protect natural ecosystem  
            functions, use effective approaches to protect communities  
            from the impacts of climate change, and avoid or minimize  
            environmental degradation and emission of greenhouse gases.








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          2)Existing law allocates the $90 million Proposition 84 provides  
            for urban greening projects.  
          It requires the Council to develop and implement a grant program  
            for urban greening projects that provide multiple community  
            benefits, and provides that the multiple benefits include, but  
            are not limited to, tree canopy, urban forestry, local parks  
            and open space, greening of existing lands and structures,  
            multi-objective storm water projects, urban streams, various  
            public gardens and orchards, heat island mitigation and energy  
            conservation efforts, and 
          non-motorized urban trails.  Existing law allows up to 25% of  
            the moneys allocated for urban greening by Proposition 84 to  
            be used to award revolving loans or grants to a COG, 


          countywide authority, metropolitan planning organization, local  
            government, or nonprofit organization for the purpose of  
            creating urban greening plans.  SB 1006 adds joint powers  
            authorities and special districts to the list of eligible  
            applicants for these funding opportunities.
           
           3)Support Arguments:  The sponsors, Audubon California,  
            Defenders of Wildlife, and The Nature Conservancy, state that  
            "in addition to reducing emissions, state and local  
            governments must strategically plan to help people and nature  
            adapt to the current and expected impacts from climate change.  
             Social, cultural, and economic resilience to these impacts is  
            fundamentally rooted in ecological resilience and SB 1006  
            plays a critical role in catalyzing innovative actions to  
            address the impacts of climate change on natural ecosystems  
            and in so doing, protect human communities."  Supporters also  
            believe that expanding the list of eligible funding applicants  
            for the urban greening projects and plans is critical.
           
            Opposition Arguments  :  Opposition, including the California  
            Building Industry Association, believes that provisions of the  
            bill directing the Council to adopt climate adaptation  
            guidelines for non-state (local and regional) agencies  
            conflict with actions and processes already underway by the  
            Climate Adaptation Advisory Panel, and furthermore, are  
            drafted in a way that focuses solely on achieving  
            environmental benefits without accounting for or considering  
            economic factors.  Opposition believes that the direction to  
            the Council to develop climate adaptation guidelines for local  








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            and regional governments is premature and has the potential to  
            conflict with the work of the Climate Adaptation Advisory  
            Panel.

          4)This bill is double-referred to the Committee on Natural  
            Resources.

           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          Audubon CA [CO-SPONSOR]
          Defenders of Wildlife [CO-SPONSOR]
          The Nature Conservancy [CO-SPONSOR]
          East Bay Municipal Utility District
          Planning and Conservation League
          Tree People
          
            Opposition
           
          American Council of Engineering Companies, CA
          CA Building Industry Association 
          CA Business Properties Association
          CA Central Valley Flood Control Association (unless amended)
          CA Chamber of Commerce
          CA Manufacturers and Technology Association
          Western States Petroleum Association

           Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958