BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1482
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|Author: |Gordon |
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|Version: |6/16/2015 |Hearing |7/1/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Laurie Harris |
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SUBJECT: Climate adaptation.
ANALYSIS:
Existing law:
1) Establishes the Greenhouse Gas Reduction Fund (GGRF) as a
special fund in the State Treasury; requires that all moneys,
except for fines and penalties, collected pursuant to a
market-based mechanism be deposited in the fund; and requires
the Department of Finance, in consultation with the
California Air Resources Board (ARB) and any other relevant
state agency, to develop, as specified, a three-year
investment plan for the moneys deposited in the GGRF.
(Government Code (GOV) §16428.8)
2) Requires that moneys deposited in the GGRF be used to
facilitate the achievement of greenhouse gas (GHG) emissions
reductions in the state and, where applicable and to the
extent feasible, lessen the impacts and effects of climate
change on the state's communities, economy, and environment,
among other potential specified co-benefits. (Health and
Safety Code §39712)
3) Establishes the Office of Planning and Research (OPR) as the
comprehensive state planning agency and requires OPR to
assist state, regional, and local agencies in a variety of
research and planning efforts. (GOV §65040)
4) Establishes the Strategic Growth Council (SGC), consisting of
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the Director of OPR, the Secretary of the California Natural
Resources Agency (CNRA), the Secretary of the Environmental
Protection Agency (CalEPA), the Secretary of Transportation,
the Secretary of Health and Human Services (HHS), the
Secretary of Business, Consumer Services, and Housing, the
Secretary of the California Department of Food and
Agriculture (CDFA), and three members of the public. (Public
Resources Code §75121)
5) Requires the SGC to identify and review activities and
funding programs of member agencies to improve air and water
quality, meet the goals of AB 32, encourage sustainable land
use, and revitalize urban and community centers in a
sustainable manner, in addition to helping local and regional
bodies develop and plan sustainable communities. (PRC
§75125)
This bill:
1)States legislative findings and declarations regarding
numerous impacts of climate change and the need for adaptation
planning, prioritization, and policy development to address
the impacts.
2)Requires the CNRA to:
a) Update the Safeguarding California Plan by July 1, 2017
and every 3 years thereafter, including:
i) Identifying vulnerabilities by region and sector,
including water, energy, transportation, public health,
agriculture, emergency services, forestry, biodiversity
and habitat, ocean and coastal resources.
ii) Identifying priority actions to reduce sector risks.
iii) Identifying a lead agency or group of lead agencies
for sector-specific adaptation efforts to ensure
Safeguarding provisions are implemented.
iv) Reporting to the Legislature on actions to implement
the Plan.
b) Assess and coordinate across all state departments and
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agencies to identify opportunities that increase the
ability of state and local infrastructure, people, and
habitat and wildlife to adapt.
3)Requires OPR to update the state's 5-year Infrastructure Plan
by July 1, 2019 to take climate change into account for all
infrastructure projects.
4)Requires the CNRA, in coordination with the SGC, to:
a) Review and coordinate existing grants and programs to
maximize specified objectives, including:
i) Educating the public about the consequences of
climate change.
ii) Ensuring a continued repository of scientific data on
climate change
and adaptation in the state.
iii) Establishing policy, guidelines, and guidance at the
state level through
implementation of the Safeguarding Plan and
promote the use of
natural systems and natural infrastructure.
iv) Encouraging regional collaborative planning efforts.
v) Promoting a coordinated, drought-resilient water
system and
establishing drought preparation and response
systems.
vi) Building resilient communities by developing urban
greening projects.
vii) Protecting and enhancing habitat, species
strongholds, and wildlife
corridors.
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b) Identify and coordinate opportunities for the CNRA's
departments to expend moneys from the GGRF, Proposition 1
of 2014, and other state funds for adaptation objectives.
5)Requires the SGC to aid the CNRA in:
a) Overseeing and coordinating state agency actions to
adapt to climate change.
b) Identifying and pursuing opportunities for state
agencies to collaborate with federal or local agencies in
climate adaptation efforts.
Background
1) Executive Orders Relating to the Climate Change Adaptation.
Executive Order S-3-05 established GHG emission reduction
targets, created the Climate Action Team (CAT), and directed
the Secretary of CalEPA to coordinate efforts to meet the
targets with the heads of other state agencies. The order
required the Secretary to report back to the Governor and
Legislature biannually on progress toward meeting the GHG
targets, GHG impacts to California, as well as mitigation and
adaptation plans.
Executive Order S-13-08 directed state agencies to plan for
climate impacts specifically from sea level rise. It further
directed the Natural Resources Agency, through the CAT, to
coordinate the California Climate Adaptation Strategy by June
2009, noting "California must begin now to adapt and build
our resiliency to coming climate changes through a thoughtful
and sensible approach with local, regional, state and federal
government using the best available science."
The most recent Executive Order, B-30-15, in addition to
setting GHG-related goals, directs the CNRA to update the
state's climate adaptation strategy, Safeguarding California,
every three years and include vulnerabilities to climate
change by sector and region, as specified, primary risks and
priority actions regarding climate change impacts, and
identification of lead agencies for each sector, which then
report back to the CNRA on their actions taken. The order
further directs state agencies to take climate change into
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account in planning and investment decisions, guided by
specified principles, and directs OPR to establish a
technical, advisory group to help state agencies in their
efforts.
2) CNRA and the Safeguarding California Implementation
Collaborative.
The CNRA, along with the OPR, SGC, and CalEPA, has developed
the Safeguarding California Implementation Collaborative
(SCIC). The SCIC grew out of the steering committee for the
2014 Safeguarding California Plan, which was an update to the
state's 2009 Climate Adaptation Strategy.
According to the CNRA, the SCIC is convened monthly in order
to understand how the Safeguarding principles are being
implemented across the state, integrate climate change
considerations across state government, and collaborate with
internal and external stakeholders to create sustainable
strategies to address climate challenges.
The SCIC also coordinates complimentary efforts with the CAT
and its subgroups and is currently working to complete a
Safeguarding California Implementation Tracking Document with
information from 25 bodies listed as participants. The
Tracking Document will include grants, documents, and
outreach efforts carried out by participants. An
Implementation Report is anticipated by August 2015.
3) SGC and Adaptation Funding Considerations.
In their 2014 annual report, the SGC highlighted hundreds of
sustainable communities planning and urban greening projects
that were completed or underway, as well as $130 million
dollars as part of the GGRF-supported programs to reduce
GHGs. In the 2015 guidelines for the Affordable Housing and
Sustainable Communities Program, the SGC notes as one of the
application threshold requirements that "the applicant must
demonstrate that where applicable, climate adaptation
measures are integrated into their Project."
4) Legislative Hearings on Climate Adaptation.
This year, the Senate Environmental Quality Committee has
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conducted two hearings on climate adaptation in California.
The first hearing, in February, was focused mainly on state
efforts to adapt to climate change impacts with testimony
from the Secretaries of CalEPA, CNRA, CDFA, HHS, as well as
the Deputy Directors of OPR and the Office of Emergency
Services (OES), as well as testimony from regional and local
representatives and the Little Hoover Commission.
Testimony highlighted that there has been a great deal of
preliminary thought on climate change impacts and recommended
policy, though there remains a lack of statutory direction
that clearly articulates the roles at each level of
government to ensure coordination and prioritization of
adaptation and resiliency throughout the state. Uncertainty
also remains as to how adaptation and mitigation are
integrated in state policies.
In May, a second hearing was conducted in Oakland which
focused on regional adaptation efforts and coordination in
the Bay Area. Speakers included a member of the Nobel
Prize-winning Intergovernmental Panel on Climate Change from
Lawrence Livermore National Laboratory, as well as the San
Francisco Department of Public Health, and representatives
from the Climate Readiness Institute, the Bay Conservation
and Development Commission, the Association of Bay Area
Governments, the Counties of Marin, Sonoma, and Santa Clara,
and the City of Berkeley, as well as the Asian Pacific
Environmental Network.
Testimony underscored the current and worsening impacts from
climate change and the need for coordinating knowledge,
tools, and funding so that adaptation is approached
efficiently and holistically across government levels and
regions. Local leaders called for more alignment of
adaptation efforts across the state and regional agencies, as
well as more guidance and engagement from the state with
regional and local bodies.
The Committee has two additional regional hearings on
adaptation planned for later this year in Los Angeles and the
Central Valley.
Comments
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1) Purpose of Bill.
According to the author, "California has been a leader in
taking actions to impact the causes of global climate change.
In spite of our efforts, climate change continues to affect
our state. It is not enough to try to reverse the course of
climate change. We must also become a leader in adapting to
climate change. AB 1482 would broaden the state's focus on
climate change to include climate adaptation and ensure, by
including in state law, California's climate adaptation
efforts continue into the future. AB 1482 would specifically
require the Natural Resources Agency to oversee and
coordinate state agency and department actions to adapt to
climate change impacts. It is essential to identify a lead
state entity in order to ensure that the state's response to
climate change is focused and consistent across agencies to
best protect California's residents, resources, and
infrastructure from the effects of climate change."
2)The Definition of Adaptation.
Adaptation can mean different things to different people,
potentially leading to inconsistencies in adaptation
priorities among entities. To date, there has been a
particular focus in California on impacts from sea level
rise, as with the Planning for Sea Level Rise Database as
well as funding from the Water Quality, Supply, and
Infrastructure Improvement Act of 2014 (Proposition 1) for
impacts from sea level rise as well as drought or flood.
However, as noted in the multi-sector approach in the
Safeguarding California Plan, climate change impacts and the
needs to adapt to them span sectors, regions, and levels of
government. To ensure coordinated planning and
implementation of adaptation efforts, it is important to be
clear about what the state means by the word "adaptation."
3)Coordination of Adaptation in California.
The Natural Resources Agency has successfully brought
together information from multiple agencies representing
various sectors in the Safeguarding California Plan. Given
these efforts, along with their investment in the creation
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and coordination of the SCIC and in working with multi-agency
groups such as the CAT and SGC, it seems appropriate for the
CNRA to continue its role in coordinating updates to the
Safeguarding Plan, as well as the research assessments, by
collaborating with leads from numerous sectors.
In considering an organization to lead the state's overall
adaptation policy, however, there are concerns about the task
falling to one agency with a sector-specific focus.
First, in order to be the most effective, adaptation efforts
should equally involve all sectors and regions across the
state. If one sector-specific agency is in charge of the
state's overall adaptation strategy, there is the potential
for prioritizing issues related to that agency's core
mandates. Certainly concerns for our state's natural
resources are a critical component of addressing climate
change, but so are considerations of public health,
agriculture, emergency response, air and water quality, etc.
Having the CNRA "identify priority actions needed to reduce
risks in those sectors [listed in the Safeguarding Plan]."
Is it appropriate to have the CNRA prioritizing adaptation
actions for other sectors outside of its areas of expertise,
such as public health or transportation?
Second, the bill's current language notes that the CNRA will
"ensure the provisions of the Safeguarding California Plan
are implemented." Is it appropriate to have one
sector-specific agency responsible for ensuring compliance on
implementation from other agencies?
4)Goals of the Bill.
If the goal of the bill is to "prioritize the state's
response to the impacts resulting from climate change by
ensuring all state departments and agencies prepare for and
are ready to respond to the impacts of climate change," as
stated in the intent language, and address the many impacts
of climate change and adaptation, then the author and
Committee may wish to consider whether tasking one
sector-specific agency with adaptation will ensure that all
agencies are engaged and whether a division of adaptation
document preparation and coordination responsibilities would
better ensure a timely and comprehensive approach among
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state, regional, and local entities.
Given the aforementioned concerns, a question arises as to
whether the CNRA is the most appropriate agency to coordinate
overall adaptation policy and ensure implementation across
the state. The author should continue to work with the
committee to identify the most appropriate agency to lead
overall adaptation efforts in California.
5)Amendments.
a) For the Safeguarding Plan update, in order to have
agencies identifying vulnerabilities and prioritizing
actions within their sectors, the following amendments are
needed:
i) In Section 71153, in subdivision (a), specify that
the agency (CNRA) shall coordinate with all other state
agencies to identify one or more leads for adaptation
efforts in each sector.
ii) Add language to Section 71153 in paragraphs 1 and 2
to state that designated lead agencies will identify
vulnerabilities and priority actions within their
sectors.
b) For the Safeguarding Plan update, in order to refrain
from tasking the CNRA with oversight of other agencies and
ensure that oversight remains with the Legislature, which
would address comment 3 above, strike "and ensure the
provisions of Safeguarding California Plan are implemented"
from page 4, lines 11-12.
Related/Prior Legislation
SB 246 (Wieckowski, 2015) creates state report updates on
climate adaptation, as well as an advisory committee to OPR for
expertise and local and regional perspectives, as specified. SB
246 is currently in the Assembly Natural Resources Committee.
SB 1217 (Leno, 2014) would have required the Natural Resources
Agency and SGC to prepare a climate risk assessment and strategy
evaluating California's vulnerability and risk for climate
change impacts and to identify and prioritize climate resiliency
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projects. SB 1217 died in the Assembly Appropriations
Committee.
SB 461 (Leno, 2014) would have created the Coastal Adaptation
Fund for state and local agencies to prepare, plan, and
implement measures to address and adapt to sea level rise and
coastal climate change. SB 461 died in the Assembly
Appropriations Committee.
ACR 160 (Gordon, Chapter 146, Statutes of 2014) encourages state
agencies to communicate with the public, local, regional, and
federal agencies, nonprofits, and businesses regarding sea level
risks and the development and implementation of adaptation
measures to these and other climate change impacts.
AB 2348 (Stone, 2014) would have established the Natural
Resources Climate Improvement Program. AB 2348 died in the
Assembly Appropriations Committee.
AB 2516 (Gordon, Chapter 522, Statutes of 2014) created the
Planning for Sea Level Rise Database and requires various
agencies and private entities to provide to the CNRA biannually
information on sea level rise planning and sunsets in 2018.
SOURCE: Audubon California and TreePeople
SUPPORT:
Asian Pacific Environmental Network
California Climate and Agricultural Network
California League of Conservation Voters
California ReLeaf
Center for Climate Change and Health
Climate Resolve
Coastal Environmental Rights Foundation
Defenders of Wildlife
Little Hoover Commission
Local Government Commission
National Parks Conservation Association
The Nature Conservancy
The Trust for Public Land
Wholly H2O
OPPOSITION:
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None received
ARGUMENTS IN
SUPPORT: According to a coalition supporters, "In 2014, the
Natural Resources Agency adopted the Safeguarding California
Plan, which begins to lay out a statewide plan for climate
adaptation. However, there is no mechanism for enforcing this
plan or ensuring that state agency or department actions are
consistent with the Safeguarding California Plan.
"AB 1482 would provide statutory authority to the CNRA and the
SGC to coordinate the state's climate adaptation policies and
programs.
"AB 1482 will ensure that the state's response to climate change
is focused and consistent across agencies in order to best
protect California's citizens, wildlife, and infrastructure from
the effects of climate change."
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