BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 2800         Hearing Date:    June 14,  
          2016 
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          |Author:    |Quirk                  |           |                 |
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          |Version:   |April 12, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Katharine Moore                                      |
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                 Subject:  Climate change:  infrastructure planning


          BACKGROUND AND EXISTING LAW
          
          1)Executive Order S-13-08 (Schwarzenegger), among other things,  
            requires the Natural Resources Agency (CNRA), through the  
            Climate Action Team, to coordinate with local, regional,  
            state, federal and private entities to develop a state Climate  
            Adaptation Strategy.  This strategy is required to summarize  
            the best known science on climate change impacts to the state,  
            assess the state's vulnerability to these impacts and outline  
            solutions to be implemented by or across state agencies to  
            promote resiliency to these impacts.

          2)Executive Order B-30-15 (Brown), in addition to establishing a  
            40% greenhouse gas emission reduction goal by 2030, also  
            updated and revised the state's strategy for climate  
            adaptation. These include, among others, that:

             a)   The CNRA update the state's climate adaptation strategy  
               every three years and ensure that its provisions are fully  
               implemented. The state's strategy must identify  
               vulnerabilities to climate change by sector and regions, as  
               specified, outline primary risks to residents, property,  
               communities and natural systems, identify priority actions  
               needed to reduce these risks and identify a lead agency or  
               group of agencies to lead adaptation efforts in each  
               designated sector.







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             b)   Each sector's lead prepare an implementation plan by  
               September 2015 to outline the adaptation actions taken as  
               identified in the strategy and report back to the CNRA on  
               these actions.

             c)   State agencies take climate change into account in their  
               planning and investment decisions, and use full life-cycle  
               cost accounting to evaluate and compare infrastructure  
               investments and alternatives.  In addition, state agencies'  
               planning and investments shall be guided by the principles  
               of preparedness for climate change, provide flexibility and  
               adaptive approaches for uncertain climate impacts, be  
               protective of vulnerable populations and prioritize natural  
               infrastructure solutions for climate change.

             d)   The state's Five-Year Infrastructure Plan will take  
               current and future climate change impacts into account for  
               all infrastructure projects.

             e)    The Office of Planning and Research establish a  
               technical advisory group to help state agencies incorporate  
               climate change impacts into planning and investment  
               decisions.

             f)   The state continues its climate change research program  
               to understand the impacts of climate change and how best to  
               prepare and adapt to these impacts.

          3)The existing Caltrans Highway Design Manual (dated July 1,  
            2015) recognizes that the typical assumption for  
            infrastructure design, which was that previously-experienced  
            hydrology and climatology will be a good predictor of the  
            hydrology and climatology the project experiences over its  
            lifetime, may no longer be a valid assumption, although there  
            is no apparent consensus on an alternative.

          4)Existing law (AB 1482, Gordon, c. 603, Statutes of 2015)  
            requires the Natural Resources Agency (CNRA), by July 1, 2017,  
            and every three years thereafter, to update the state's  
            climate adaptation strategy to identify vulnerabilities to  
            climate change by sectors and priority actions needed to  
            reduce the risks in those sectors.  Transportation is among  
            the specified sectors.








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          5)Existing law (SB 246, Wieckowski, c. 606, Statutes of 2015)  
            establishes the Integrated Climate Adaptation and Resiliency  
            Program through the Office of Planning and Research to  
            coordinate regional and local adaptation efforts with state  
            climate adaptation strategies.  This includes working with and  
            coordinating local and regional efforts for climate adaptation  
            and resilience.  Additionally, within one year of an updated  
            climate adaptation strategy being released, the Office of  
            Emergency Services is directed, as specified, to update the  
            Adaptation Planning Guide to provide tools and guidance to  
            regional and local governments and agencies in creating and  
            implementing climate adaptation and community resiliency plans  
            and projects. (Public Resources Code section 71356).

          6)Existing law defines infrastructure as real property,  
            including land and improvements to the land, structures and  
            equipment integral to the operation of structures, easements,  
            rights-of-way and other forms of interest in property,  
            roadways, and water conveyances. (Government Code section  
            13101)

          PROPOSED LAW
          This bill would establish a Climate-Safe Infrastructure Working  
          Group (working group) with specified tasks to address how to  
          integrate scientific data regarding projected climate change  
          impacts into state infrastructure engineering.

          Specifically, this bill would:

           Require state agencies to take into account the expected  
            impacts of climate change when planning, designing, building,  
            and investing in state infrastructure.

           Require the CNRA to establish the working group by July 1,  
            2017 to examine how best to integrate scientific data  
            regarding projected climate change impacts into state  
            infrastructure engineering.

           Require that working group members meet one of two criteria:

               o      Be professional engineers with relevant expertise in  
                 state infrastructure design from the Department of Water  
                 Resources, the Department of Transportation and the  








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                 Department of General Resources.

               o      Be scientists from the University of California and  
                 the California State University Systems with expertise in  
                 the impacts of climate change in the state.

           Require the working group to coordinate with other climate  
            adaptation planning efforts, as specified.

           Ask the working group to consider and offer recommendations on  
            the following issues:

               o      Current barriers to the integration of projected  
                 climate change impacts to state infrastructure design, 

               o      The development of practicable guidelines for  
                 infrastructure planning and design to provide resiliency,  
                 as specified, 

               o      The identification of gaps in needed critical  
                 engineering information, as specified, 

               o      Consideration of design for multiple projected  
                 climate scenarios, and 

               o      Consideration of a platform or process to facilitate  
                 communication between infrastructure engineers and  
                 climate scientists.

           Require by July 1, 2018 that the working group recommend to  
            the Legislature a process for integrating scientific knowledge  
            of projected climate change impacts in state infrastructure  
            design and for addressing the information gaps in a timely  
            manner.

           Make appropriate and relevant findings and definitions.

          ARGUMENTS IN SUPPORT
          According to the author, "[w]hile California is at the cutting  
          edge of understanding how climate change will impact our state's  
          population and natural systems, there is a disconnect with  
          efforts to address these climate changes in our state's  
          infrastructure engineering, design, and construction."









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          "Simply put, California cannot afford to spend billions of  
          dollars on new and upgraded infrastructure that will not be able  
          to withstand anticipated changes to California's climate and  
          natural systems."

          "To ensure that California's public infrastructure can withstand  
          the impacts of future climate change, state engineers need to  
          engage with climate scientists to identify the gaps in practical  
          information that are necessary to help state employees design  
          and construct climate-resilient infrastructure.  Unfortunately,  
          no such process currently exists to bring together state  
          engineers and climate scientists."

          "AB 2800 establishes a working group composed of state  
          professional engineers and climate scientists to develop  
          recommendations for integrating climate change impacts into  
          state infrastructure design and construction. [?] The working  
          group will include state professional engineers from state  
          agencies involved in infrastructure planning and construction,  
          and scientists from state universities with expertise in climate  
          change impacts."

          "AB 2800 will build on other adaptation efforts to begin to  
          ensure that the state identifies and incorporates climate-safe  
          specifications into state infrastructure in order to save lives,  
          property, and investments."

          ARGUMENTS IN OPPOSITION
          None received
          
          COMMENTS
           This bill is double-referred to the Senate Environmental Quality  
          Committee  .  Elements of the bill subject to that Committee's  
          jurisdiction will be discussed there.

           There is a role for the working group  .  Addressing state  
          infrastructure-specific engineering design challenges for  
          climate change adaptation appears to be a gap in the current  
          statutory state planning process for climate change adaptation.   
          The author's office continues to engage with stakeholders to  
          ensure the working group is appropriately inclusive.

           Technical amendments  .  There is some existing lack of  
          specificity in the bill's language that may hinder the author's  








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          intent for this legislation.  For example, while the bill's  
          language refers to "professional engineers," it is unclear if  
          that means someone employed as an engineer or an engineer  
          holding specific technical certification.  The Committee may  
          wish to clarify this and make other similar technical and  
          clarifying amendments regarding working group composition to the  
          bill. [Amendment 1]

           The state's reports on climate adaptation strategy  .  Pursuant to  
          the existing Executive Order, a California Climate Adaptation  
          Strategy was released in 2009.  The CNRA recently updated this  
          strategy with the "Safeguarding California" report.  According  
          to the CNRA's web-site, an early 2017 update to Safeguarding  
          California is anticipated.  Information on other related  
          state-level climate change assessments, planning tools and other  
          activities is available on the CNRA's web-site.

          SUGGESTED AMENDMENTS 
          
          AMENDMENT 1
               On page 3, line 23: require that the working group's  
               membership be "reasonably equitably distributed" between  
               the two identified membership categories.

               On page 3, line 24: specify that "professional engineers"  
               are those that are registered as such pursuant to Chapter 7  
               of Division 3 (commencing with Section 6700) of the  
               Business and Professions Code.

               On page 3, line 27: add "and other relevant state agencies,  
               as applicable"
          
          






          SUPPORT
          Union of Concerned Scientists (sponsor)
          American Society of Civil Engineers, Region 9
          California League of Conservation Voters
          California Shore and Beach Preservation Association








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          Climate Resolve
          Local Government Commission
          National Audubon Society
          National Parks Conservation Association
          Silicon Valley Leadership Group
          University of Southern California Sea Grant Program

          OPPOSITION
          None Received

          
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