Amended in Assembly September 4, 2015

Amended in Assembly September 1, 2015

Amended in Assembly July 1, 2015

Amended in Senate June 2, 2015

Amended in Senate May 5, 2015

Amended in Senate April 13, 2015

Senate Bill No. 246

Introduced by Senator Wieckowski

February 18, 2015

An act to begin insert amend Section 75123 of, and to end insert add Part 4.5 (commencing with Section 71350) to Division 34 begin delete of end delete begin insert of, end insert the Public Resources Code, relating to environmental protection.

LEGISLATIVE COUNSEL’S DIGEST

SB 246, as amended, Wieckowski. Climate change adaptation.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions. An executive order establishes a climate action team consisting of specified ex officio members and requires the team to make a specified biannual report to the Legislature and Governor.

This bill would establish the begin insert Integrated end insert Climate Adaptation and Resiliency Program to be administered by the Office of Planning and Research to coordinate begin delete state, regional, and local end delete begin insert regional and local end insert efforts begin insert with state climate adaptation strategies end insert to adapt to the impacts of climate change, as specified. The bill also would require, within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the Office of Planning and Research, and relevant public and private entities, to review and update, as necessary, the Adaptation Planning Guide, as specified. The bill would establish an advisory council, as specified, to support the goals of the Office of begin delete Planning, end delete begin insert Planning end insert and Research as identified by the bill. The bill would require the Office of begin delete Planning, end delete begin insert Planning end insert and Research to establish a clearinghouse for climate adaptation information, as specified.

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(2) The Bagley-Keene Open Meeting Act, with specified exceptions, requires that meetings of a state body be open and public and that all persons be permitted to attend.

end insert begin insert

Existing law establishes the Strategic Growth Council and requires the council, among other things, to identify and review the activities and funding programs of member state agencies that may be coordinated to improve air and water quality. Existing law also requires the council’s meetings be open to the public and subject to the Bagley-Keene Open Meeting Act.

end insert begin insert

This bill would specify certain council meetings that are not subject to the Bagley-Keene Open Meeting Act.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Part 4.5 (commencing with Section 71350) is
added to Division 34 of the Public Resources Code, to read:

 

PART 4.5.  begin insert Integrated end insert Climate Adaptation and
Resiliency Program

 

71350.  

For purposes of this part, “office” means the Office of
Planning and Research.

71352.  

The Legislature finds and declares:

(a) The state has been a leader in climate mitigation begin delete efforts.
However, the state’s efforts alone will not prevent global climate
change from occurring, as noted in the update to the 2009
California Climate Adaptation Strategy issued in July 2014. Due
to the inevitability of climate change impacts on the state, end delete begin insert efforts
to reduce greenhouse gas emissions. Now, and in the coming years,
it is critical for California and the global community to continue
and intensify those efforts in order to avoid the most severe impacts
from a changing climate. However, because the global climate
system changes slowly, impacts are ongoing and will inevitably
worsen. In order to address the challenges posed by a changing
climate, end insert the state must invest in building resiliency and
strengthening adaptation efforts at the state, regional, and local
levels using the best-available science.

(b)  begin delete Improved coordination of existing end delete begin insert A principle of the state’s
adaptation strategy document, Safeguarding California, is to
prioritize actions that not only reduce greenhouse gas emissions,
but also help the state prepare for climate change impacts.
Improved coordination, implementation, and integration of end insert
adaptation planning efforts and funding begin delete by the state, as well as
increased implementation and support of adaptation programs, end delete begin insert in
the state’s climate policies end insert can directly protect the state’s
infrastructure, communities, environmental quality, public health,
begin insert safety and security, end insert natural resources, and economy from the
unavoidable impacts of climate change for decades to come.

(c) In order to have a cohesive and comprehensive begin delete adaptation end delete
response to climate change impacts, the state must have integrated
planning with coordinated strategies across state, regional, and
local governments and agencies.

(d) The office is established as the comprehensive state planning
agency that shall engage in the formulation, evaluation, and
updating of long-range goals for factors that shape statewide
development patterns and significantly influence the quality of the
state’s environment, in addition to assisting state, regional, and
local agencies in a variety of research and planning efforts, pursuant
to Section 65040 of the Government Code. Therefore, the office
is well-positioned to work with begin delete state, regional, and local end delete begin insert regional
and local end insert entities across the begin delete state in end delete begin insert state, end insert coordinating begin insert with state end insert
climate adaptation strategies.

(e) It is the intent of the Legislature, therefore, that adaptation
strategies to build resiliency to the risks and impacts from climate
change be integrated in state policies, projects, and permitting
processes, and that the office serve as a coordinating body for
adaptation projects and goals across California.

71354.  

The begin insert Integrated end insert Climate Adaptation and Resiliency
Program is hereby established to be administered by the office.
No later than January 1, 2017, the Director of State Planning and
Research shall establish the program to coordinate begin delete state, regional,
and local end delete begin insert regional and local end insert efforts begin insert with state climate adaptation
strategies end insert to adapt to the impacts of climate change with, to the
extent feasible, an emphasis on climate equity considerations across
sectors and regions and strategies that benefit both greenhouse gas
emissions reductions and adaptation efforts, in order to facilitate
the development of holistic, complimentary strategies for adapting
to climate change impacts. begin delete The end delete begin insert In order to achieve these goals,
the end insert program shall include, but begin delete is end delete not begin insert be end insert limited to, all of the
following:

(a) Working with and coordinating local and regional efforts
for climate adaptation and resilience, including, but not limited to,
the following:

(1) Developing tools and guidance.

(2) Promoting and coordinating state agency support for local
and regional efforts.

(3)  begin delete Ensuring that state planning, guidance, and guidelines end delete
begin insert Informing state-led programs, including state planning processes,
grant programs, and guideline development, to better end insert reflect the
begin delete efforts end delete begin insert goals, efforts, end insert and challenges faced by local and regional
entities pursuing begin delete adaptation end delete begin insert adaptation, preparedness, end insert and
resilience. begin insert This should occur through regular coordination between
the office, the Climate Action Team, which was established by
Executive Order S-3-05, the Strategic Growth Council, and other
state agencies, including, but not limited to, the Office of
Emergency Services, the California Environmental Protection
Agency, the Natural Resources Agency, the Transportation Agency,
the State Department of Public Health, and the Department of
Food and Agriculture. end insert

(b) Assisting the Office of Emergency Services and other
relevant state agencies with coordinating regular reviews and
updates, as needed, to the Adaptation Planning Guide, pursuant to
Section 71356, and maintaining a copy of the guide, or an
electronic link to a copy of the guide begin delete hosted on another Internet
Web site, on end delete begin insert posted, at a minimum, on the state’s Climate Change
Portal and end insert the office’s Internet Web site.

(c) Coordinating and maintaining the state’s clearinghouse for
climate adaptation information, pursuant to Section 71360.

(d) Conducting regular meetings with the advisory council
established pursuant to Section 71358 in order to have technical
support, as well as expertise and advice from regional and local
experts working in climate adaptation throughout the research and
planning processes, as described in this section.

71356.  

(a) Within one year of an update to the Safeguarding
California Plan, the Office of Emergency Services, in coordination
with the Natural Resources Agency, the office, and relevant public
and private entities, shall review and update, as necessary, 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. An Adaptation Planning Guide update shall be
informed by the climate adaptation clearinghouse established
pursuant to Section 71360 and the scientific assessments and
recommendations in the most recent update of the Safeguarding
California Plan. An Adaptation Planning Guide update shall
begin insert consider the nexus between climate adaptation, community
resiliency, public safety, and security, end insert provide information and
planning support for assessing climate vulnerabilities across impact
sectors and regions and developing adaptation strategies that can
be tailored to meet local begin delete needs. end delete begin insert needs, and include, at a minimum,
all of the following: end insert

begin insert

(1) Guidance for coordinating adaptation planning activities
among state and local governments and regional collaboratives.

end insert begin insert

(2) Adaptation planning guidance and strategies for natural
hazards exacerbated by climate change.

end insert begin insert

(3) Guidance for conducting vulnerability assessments and
identifying risk reduction strategies for communities.

end insert begin insert

(4) Identification of climate impact regions and descriptions of
climate impacts to be considered for each region.

end insert begin insert

(5) Assistance with the interpretation of climate science as it
relates to local and regional impacts.

end insert

(b) As part of updating the Adaptation Planning Guide, begin insert the
Office of Emergency Services, in consultation with end insert the office begin insert and,
as needed, end insert with the advisory council created pursuant to Section
begin delete 71358 end delete begin insert 71358, end insert shall hold public meetings begin delete and workshops end delete in the
northern, southern, and central regions of the state to obtain input
from the public and leaders in local and regional climate
preparedness.

71358.  

(a) An advisory council to the office is hereby
established. The advisory council shall be comprised of members
from a range of disciplines, in order to provide scientific and
technical support, and from regional and local governments and
entities. The advisory council shall support the office’s goals, as
identified in this part, to facilitate coordination among state,
regional, and local agency efforts to adapt to the impacts of climate
change.

(b) Members of the advisory council shall have expertise in the
intersection of climate change and areas that include, but need not
be limited to, any of the following:

(1) Public health.

(2) Environmental quality.

(3) Environmental justice.

(4) Agriculture.

(5) Transportation and housing.

(6) Energy.

(7) Natural resources and water.

(8) Planning.

(9) Recycling and waste management.

(10) Local or regional government.

(11) Tribal issues.

(12) Emergency begin delete services. end delete begin insert services and public safety. end insert

(c) The advisory council shall meet with the office as needed,
but not less than three times a year.

71360.  

(a) (1) The office shall coordinate with appropriate
entities, including state, regional, or local agencies, to establish a
clearinghouse for climate adaptation information for use by state,
regional, and local entities.

(2) The clearinghouse shall be a centralized source of
information that provides available climate data to guide
decisionmakers at state, regional, and local levels when planning
for and implementing climate adaptation projects to promote
resiliency to climate change. The clearinghouse may include, but
is not limited to, any of the following:

(A) A collection of the best-available resources that may include
projections and models, vulnerability assessments, and downscaled
data for climate change impacts throughout the state, when
available, at statewide, regional, and local levels for both near-term
and longer term timescales, including year 2050 and year 2100
projections. Climate change impacts may include, but are not
limited to, impacts to public health, natural resources,
environmental quality, and infrastructure.

(B) Tools that allow for the visualization or identification of
regional and local impacts across the state and that integrate
best-available data on vulnerable populations and infrastructure.

(C) A library of relevant white papers, case studies, research
articles, and climate adaptation best practices that are searchable
by relevance to region, locality, and sector.

(D) Information concerning funding opportunities for adaptation
research, planning, and projects.

(E) Regionally prioritized best-practice adaptation projects that,
as appropriate, integrate efforts to reduce greenhouse gas emissions
across the state.

(b) The clearinghouse shall be regularly updated.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert The Legislature finds that because the Strategic Growth
Council consists primarily of the Governor’s cabinet members
and because the council is designed to facilitate communication,
coordinate policy outcomes, and improve efficiencies among
member agencies and departments, informal discussion and
interaction between and among agency secretaries and their staff
should be encouraged and is a normal function of government. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 75123 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

75123.  

(a) A meeting of the council, including a meeting
related to the development of grant guidelines and policies and the
approval of grants, shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code), except that, for purposes of this section, “meeting” shall
not include a meeting at begin delete which council end delete begin insert which: end insert

begin insert (1) end insert begin insert   end insert begin insert Council end insert members are meeting as members of the Governor’s
cabinet.

begin insert

(2) Council staff and member agency staff are meeting to
discuss, but not take final action on, any of the following:

end insert begin insert

(A) State agency coordination to improve air and water quality,
improve natural resource protection, increase the availability of
affordable housing, improve transportation, revitalize urban and
community centers in a sustainable manner, and other priorities
specified in subdivision (a) of Section 75125.

end insert begin insert

(B) Preliminary policy recommendations and investment
strategies to the Governor, the Legislature, and appropriate state
agencies to encourage the development of sustainable communities,
as set forth in subdivision (b) of Section 75125.

end insert begin insert

(C) Developing grant guidelines, such as those specified in
Section 75125, that are otherwise subject to public participation
process requirements.

end insert

(b) The council may sponsor conferences, symposia, and other
public forums, to seek a broad range of public advice regarding
local, regional, and natural resource planning, sustainable
development, and strategies to reduce and mitigate climate change.