BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2800 (Quirk) - Climate change:  infrastructure planning
          
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          |Version: June 16, 2016          |Policy Vote: N.R. & W. 7 - 2,   |
          |                                |          E.Q. 6 - 1            |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 8, 2016    |Consultant: Narisha Bonakdar    |
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          This bill meets the criteria for referral to the Suspense File.

          Bill  
       Summary:1)  AB 2800 requires the California Natural Resources Agency (CNRA)  
          to establish a Climate-Safe Infrastructure Working Group  
          (Working Group) by July 1, 2017 to examine how to integrate  
          scientific data concerning projected climate change impacts into  
          state infrastructure engineering.


          Fiscal  
          Impact:  
          1)Approximately $150,000 to the CNRA (General Fund) for staff  
            and contracting costs.


          2)Unknown costs, likely absorbable, for the state agency members  
            of the Working Group (Department of Transportation, Department  
            of Water Resources, and Department of General Services).


          3)Unknown costs, likely absorbable, for the California State  
            University and University of California to participate on the  







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            Working Group.


          4)Absorbable costs for state agencies to account for the impacts  
            of climate change when investing in state infrastructure.  The  
            recommendations provided by the Working Group may provide cost  
            savings for state agencies' plans and projects.




          Background:1)  
          Climate Adaptation. According to the United States Environmental  
          Protection Agency, "adaptation is the adjustments that society  
          or ecosystems make to limit negative effects of climate change.  
          It can also include taking advantage of opportunities that a  
          changing climate provides." In 2009, the NRA described  
          adaptation as a relatively new concept in California policy and  
          stated the term means, "efforts that respond to the impacts of  
          climate change - adjustments in natural or human systems to  
          actual or expected climate changes to minimize harm or take  
          advantage of beneficial opportunities."


          Climate risks in California include sea-level rise that affects  
          our built infrastructure, natural habitats, and freshwater  
          resources; changes in precipitation that increase the risk of  
          both drought and flooding; and increases in temperatures that  
          can affect air quality, public health, and natural habitat.


          Administrative actions. Several administrative actions have been  
          adopted to ensure the state is preparing for the impacts of  
          climate change.  Executive Order S-13-08 required the Natural  
          Resources Agency (CNRA), to develop a state Climate Adaptation  
          Strategy to summarize the best known science on climate change  
          impacts and outline solutions that can be implemented within and  
          across state agencies. 


          Executive Order B-30-15 (Brown), in addition to establishing a  
          40% Greenhouse Gas (GHG) emission reduction goal by 2030,  
          requires the CNRA to update the state's climate adaptation  
          strategy every three years and ensure that its provisions are  








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          fully implemented.  This Executive Order also requires:


             a)   State agencies to take climate change into account in  
               their planning and investment decisions, and employ full  
               life-cycle cost accounting to evaluate and compare  
               infrastructure investments and alternatives. 



             b)   State agencies' planning and investment to be guided by  
               the principles of climate preparedness, flexibility and  
               adaptive approaches for uncertain climate impacts,  
               protective of vulnerable populations, and prioritization of  
               natural infrastructure solutions.  



             c)   The state's Five-Year Infrastructure Plan to take  
               current and future climate change impacts into account in  
               all infrastructure projects and requires Office of Planning  
               and Research (OPR) to establish a technical advisory group  
               to help state agencies incorporate climate change impacts  
               into planning and investment decisions.



            Additionally, existing law requires the CNRA to update its  
            climate adaptation strategy, the Safeguarding California Plan  
            by July 1, 2017, and every three years thereafter, by  
            coordinating adaption activities among lead state agencies in  
            each sector.  


          Proposed Law:  
            This bill:

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

          2) Requires the CNRA to establish a Climate-Safe Infrastructure  
             Working Group (working group) by July 1, 2017 to examine how  
             to integrate scientific data concerning projected climate  








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             change impacts into state infrastructure engineering, as  
             specified.

          3) Specifies that the working group members include a reasonable  
             and equitable mix of the two categories:

             a)    Certified professional engineers, as specified, with  
                relevant expertise in state infrastructure design from the  
                Department of Transportation, Department of Water  
                Resources, Department of General Services, and other  
                relevant state agencies, as applicable.

             b)    Scientists from the University of California, the  
                California State University system, and other institutions  
                with expertise in climate change impacts in the state, as  
                specified.

             c)    Licensed architects with relevant experience.

             d)    Requires groups (a) and (b) to be equally represented  
                to the extent possible and appropriate.

          4) Requires the working group to coordinate with other climate  
             adaptation planning efforts, and build upon existing  
             information produced by the state.

          5) Suggests topics on which the working group could make  
             recommendations, including:

             a)    Current barriers to integrating projected climate  
                change impacts into state infrastructure design;

             b)    Development of practicable guidelines for planning and  
                design of more infrastructure that is more resilient to  
                climate change impacts;

             c)    Identification of gaps in critical information for  
                engineers to address climate change impacts through  
                infrastructure design and construction;

             d)    Consideration of engineering design for multiple  
                projected climate scenarios; and

             e)    Consideration of a platform or process to facilitate  








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                communication between infrastructure engineers and climate  
                scientists.

          6) Requires 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.

          7) Sunsets the provisions of the bill on July 1, 2020.


          Related  
          Legislation:  

          SB 1217 (Leno, 2014) proposed to require the CNRA to prepare a  
          California climate risk assessment that provides original  
          research on regionally appropriate climate risk vulnerabilities,  
          risk management options, and other necessary research to support  
          California's development of informed climate policy and actions  
          to address climate change. The bill would have required the CNRA  
          to update the Safeguarding California Plan every five years to  
          reduce risks to California from the impacts of climate change.  
          The bill also required OPR to develop Infrastructure Resilience  
          Guidelines to integrate climate risks into capital outlay and  
          infrastructure planning and investment, and the Strategic Growth  
          Council to use these Guidelines to review the state's  
          investments, identify priority projects, and seek funding for  
          priority projects that offer the state important protection from  
          the impacts of climate change.  SB 1217 was held on the Assembly  
          Appropriations suspense file.









          Staff Comments:


          Purpose of Bill.  According to the author, "Sound and reliable  








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          infrastructure is critically important to public safety, quality  
          of life and California's economy. While California is actively  
          engaged in developing the most up-to-date climate change  
          science, this information is not significantly impacting  
          infrastructure engineering and design decisions. There is an  
          urgent need for state infrastructure engineering to adapt to  
          predicted impacts of climate change.  Fortunately, California is  
          already undertaking important climate adaptation work across  
          different sectors. However, much of this work is designed to be  
          used by state and local planners, not people who actually design  
          and build infrastructure. As a result, there is a gap between  
          the state's scientific understanding of projected impacts of  
          climate change and the nature of the information that engineers  
          require to determine specifications on how to build.


          "AB 2800 bill is a small but critical step forward to addressing  
          the problem. It is important to bring together climate  
          scientists and professional engineers who work directly on  
          infrastructure with the directive to examine how to integrate  
          climate change impacts data into infrastructure engineering. It  
          is critical that engineers have practicable information about  
          climate change to better inform their design specifications, and  
          therefore a process that includes engineers in the conversation  
          is necessary."


          




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