BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2800


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2800 (Quirk)


          As Amended  August 17, 2016


          Majority vote


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          |ASSEMBLY:  |59-19 |(June 1, 2016) |SENATE: |32-6  |(August 22,      |
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          Original Committee Reference:  NAT. RES.




          SUMMARY:  Establishes a Climate-Safe Infrastructure Working  
          Group (Working Group) to examine how to integrate scientific  
          data concerning projected climate change impacts into state  
          infrastructure engineering.  Specifically, this bill:


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


          2)Requires Natural Resources Agency (NRA), by July 1, 2017, to  
            establish the Working Group to examine how to integrate  
            scientific data concerning projected climate change impacts  
            into state infrastructure engineering. 









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          3)Requires the Working Group to make recommendations on how  
            better integrate scientific knowledge of projected climate  
            impacts into state infrastructure planning and a platform or  
            process to facilitate communication between climate scientists  
            and infrastructure engineers.


          The Senate amendments:


          1)Require professional engineers serving on the Working Group to  
            be registered with the state.


          2)Require professional engineers and scientists to be equally  
            represented in the membership of the Working Group, and adds  
            licensed architects to the Working Group.


          3)Require the Working Group to work in coordination with other  
            state climate adaptation planning efforts and other state  
            agencies that advance sustainability in infrastructure,  
            including the Strategic Growth Council and the Government  
            Operations Agency. 


          4)Eliminate the authorization for the Working Group to develop  
            practicable guidelines for planning and designing  
            infrastructure that is more resilient to the expected impacts  
            of climate change. 


          5) Create a sunset date of July 1, 2020 for the Working Group.


          EXISTING LAW:  


          1)Pursuant to Executive Order B-30-15 (Brown), in addition to  
            establishing a 40% Greenhouse Gas (GHG) emission reduction  
            goal by 2030, requires several actions on adaptation  








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            including:
             a)   Requires NRA to update the state's climate adaptation  
               strategy every three years and ensure that its provisions  
               are fully implemented.  Requires the state's climate  
               adaptation strategy to:
               i)     Identify vulnerabilities to climate change by sector  
                 and regions, including, at a minimum, the following  
                 sectors:  water, energy, transportation, public health,  
                 agriculture, emergency services, forestry, biodiversity  
                 and habitat, and ocean and coastal resources;
               ii)    Outline primary risks to residents, property,  
                 communities, and natural systems from these  
                 vulnerabilities and identify priority actions needed to  
                 reduce these risks; and,


               iii)   Identify a lead agency or group of agencies to lead  
                 adaptation efforts in each sector.


             b)   Requires each sector lead to prepare an implementation  
               plan by September 2015 to outline the actions that will be  
               taken as identified in state's climate adaptation strategy,  
               and report back on those actions to the NRA.
             c)   Requires 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. 


             d)   Requires 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.  


             e)   Requires the state's Five-Year Infrastructure Plan to  
               take current and future climate change impacts into account  
               in all infrastructure projects.










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             f)   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.


             g)   Requires the state to continue its rigorous climate  
               change research program focused on understanding the  
               impacts of climate change and how best to prepare and adapt  
               to such impacts.


          2)Requires the NRA to update its climate adaptation strategy,  
            the Safeguarding California Plan (Plan), by July 1, 2017, and  
            every three years thereafter, by coordinating adaption  
            activities among lead state agencies in each sector.  


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee: 


          1)Approximately $150,000 to the NRA (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  
            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.










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          COMMENTS:  According to a report by the American Society of  
          Civil Engineers entitled, Adapting Infrastructure and Civil  
          Engineering Practice to a Changing Climate:


               Engineers should engage in cooperative research involving  
               scientists from across many disciplines to gain an  
               adequate, probabilistic understanding of the magnitudes  
               of future extremes and their consequences.  Doing so will  
               improve the relevance of modeling and observations for  
               use in the planning, design, operation, maintenance and  
               renewal of the built and natural environment.  It is only  
               when engineers work closely with scientists that the  
               needs of the engineering community become fully  
               understood, the limitations of the scientific knowledge  
               become more transparent to engineers, and the  
               uncertainties of the projections of future climate  
               effects become fully recognized for engineering design  
               purposes. 


          This bill would implement the approach outlined above by  
          creating the Working Group of both engineers and  
          scientists.  This is a very different approach than past  
          adaptation bills.  Prior bills focused on a top down  
          approach to incorporating adaptation into state and local  
          government decisions.  This bill focuses on collaboration  
          between practitioners to drive systematic change.  This  
          bill also codifies one of points in the Governor's  
          Executive Order B-30-15 related to state infrastructure.   


          Analysis Prepared by:                                             
                          Michael Jarred / NAT. RES. / (916) 319-2092  FN:  
          0004575















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