BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                                Senator Wieckowski, Chair
                                  2015 - 2016  Regular 
           
          Bill No:           SB 246
           ----------------------------------------------------------------- 
          |Author:    |Wieckowski                                           |
           ----------------------------------------------------------------- 
          |-----------+-----------------------+-------------+----------------|
          |Version:   |4/13/2015              |Hearing      |4/29/2015       |
          |           |                       |Date:        |                |
          |-----------+-----------------------+-------------+----------------|
          |Urgency:   |No                     |Fiscal:      |Yes             |
           ------------------------------------------------------------------ 
           ----------------------------------------------------------------- 
          |Consultant:|Laurie Harris                                        |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
          SUBJECT:  Climate Action Team

            ANALYSIS:
          
          Existing law:  
          
          1. Under the California Global Warming Solutions Act of 2006  
             (referred to as AB 32), states that it is the intent of the  
             Legislature that the Climate Action Team, established by the  
             Governor to coordinate the efforts set forth under Executive  
             Order S-3-05, continue its role in coordinating the overall  
             climate policy of the state.  (Health and Safety Code §38501)

          2. 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 §16428.8)

          3. Requires the Climate Action Team to provide information to assist  
             in the development of each three-year investment plan,  
             participate in public workshops held on each plan, and provide  
             testimony to the ARB on each plan.  (HSC §39716)

          4. 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,  







          SB 246 (Wieckowski)                                     Page 2 of ?
          
          
             lessen the impacts and effects of climate change on the state's  
             communities, economy, and environment, among other potential  
             specified co-benefits.  (HSC §39712)

          This bill:  

          1. Declares the Legislature's intent to integrate adaptation  
             strategies into state policies, projects, and permitting  
             processes.

          2. Creates the Climate Action Team (CAT) in statute, under the  
             direction of the Secretary for Environmental Protection,  
             consisting of representatives from specified state agencies.   
             Allows representatives from other state departments to be added  
             as necessary upon the determination of the Secretary, and the CAT  
             to form multiagency working groups.

          3. Requires the CAT to be responsible for coordinating the state's  
             climate policy to achieve the state's climate change goals,  
             including:

             A.    Coordination of climate change policies within California,  
                nationally, and internationally;

             B.    Coordination of the efficient use of existing state  
                resources and the recommendation of additional policies and  
                investment strategies for addressing climate change goals;

             C.    Consideration of mitigation and adaptation strategies,  
                where appropriate, in state planning and policies; and

             D.    Identification and dissemination of information to local  
                governments and regional bodies.

          4. Requires the CAT, in coordination with relevant public and  
             private entities, to coordinate an update to the state's Climate  
             Adaptation Strategy (CAS) no later than January 1, 2019 and every  
             five years thereafter to incorporate advances in climate science  
             and risk management options. 

          5. Requires the CAT, in coordination with the Office of Planning and  
             Research (OPR) and relevant public and private entities, to  
             coordinate an update to the state's Adaptation Planning Guide  
             (APG) no later than January 1, 2017, and every five years  
             thereafter to provide tools and guidance to regional and local  








          SB 246 (Wieckowski)                                     Page 3 of ?
          
          
             governments and agencies in creating and implementing adaptation  
             and resiliency plans and projects.  The update shall be informed  
             by the Climate Adaptation Strategy, and include, at a minimum:

             A.    Funding opportunities for adaptation research, planning,  
                and projects;

             B.    Regionally prioritized best-practice adaptation projects  
                that integrate GHG reduction efforts where appropriate;

             C.    Recommended metrics and indicators to track progress of  
                adaptation efforts locally, regionally, and statewide;

             D.    Adaptation planning templates for use locally and  
                regionally; and

             E.    Guidelines for coordinating adaptation activities among  
                state, regional, and local bodies.

          6. As part of updating the Adaptation Planning Guide, requires the  
             CAT and advisory council to hold public meetings and workshops at  
             least annually in the northern, southern, and central regions of  
             the state.

          7. Creates an advisory council to the CAT to provide scientific and  
             technical support, as well as regional and local perspectives.   
             Requires the council to be comprised of 15 members, 5 each  
             appointed by the Governor, Speaker of the Assembly, and Senate  
             Rules Committee, based on their expertise in the intersection of  
             climate change and a range of areas within the purview of the  
             CAT, as specified.  

            Background
          
          1. Executive Orders Relating to the Climate Action Team and  
             Adaptation.

             Executive order S-3-05 established GHG emission reduction  
             targets, created the Climate Action Team, 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.








          SB 246 (Wieckowski)                                     Page 4 of ?
          
          

               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."


          2. Overview of the Climate Action Team Today.

             According to the Climate Action Team's website, the CAT is  
             comprised of state agency secretaries and the heads of agency,  
             boards, and departments, chaired by the Secretary of the  
             California Environmental Protection Agency.  Furthermore, the  
             team works to coordinate statewide efforts to implement GHG  
             emission reduction programs, as well as the state's Climate  
             Adaptation Strategy.

             In addition to the CAT members, there are 10 working groups,  
             including the following areas: agriculture, biodiversity, coastal  
             and ocean climate adaptation team, interagency forestry,  
             intergovernmental, land use and infrastructure, research, public  
             health, state government, and water energy.  These working groups  
             support the activities of the CAT through such activities as  
             conducting research, producing informational documents,  
             organizing workshops, and conducting outreach.

          3. California's Climate Change Documents.

             Beginning in 2006, there have been three climate change  
             assessment documents prepared by state agencies to better  
             understand risks of climate change to California.  Currently, a  
             fourth assessment is being prepared, intended to provide  
             information to support adaptation decisions.  This latest  
             assessment is the first interagency effort to implement a large  
             part of the Climate Change Research Plan (Research Plan) and will  
             serve as a request for proposals for ongoing research concerning  
             climate change.

             The 2015 Climate Change Research Plan was prepared by the CAT,  
             involving almost 50 authors from 16 agencies.  The Research Plan  
             outlines statewide research priorities for climate change.  Some  








          SB 246 (Wieckowski)                                     Page 5 of ?
          
          
             of these major areas of research include:
                     Improved methods and indicators for monitoring climate  
                 change;
                     Improved methods to "downscale" global climate  
                 projections to support risk assessments and adaptation  
                 planning;
                     Refined GHG emissions accounting methods and reduction  
                 pathways;
                     Incorporation of new climate science into a risk  
                 assessment framework, and identification of robust adaptation  
                 strategies that would fare well under multiple potential  
                 climate scenarios from local to statewide levels; and
                     Synergies between mitigation and adaptation efforts.

          1. California's Adaptation Documents.

             The 2009 California Climate Adaptation Strategy is a statewide  
             strategy that includes a summary of impacts from climate change  
             and provides recommendations for adaptation strategies in seven  
             sectors, including public health, water, agriculture,  
             transportation and energy, forestry, biodiversity and habitat,  
             and oceans and coastal resources.  Overall, it provides guidance  
             for establishing adaptation and resiliency actions for the state.  
              The 2014 Safeguarding California Plan is an update to the  
             strategy that augments climate adaptation strategies based on new  
             climate science and risk management options.

             The 2012 California Adaptation Planning Guide, prepared and  
             promoted by OPR, the Natural Resources Agency, and the Office of  
             Emergency Services, was designed to provide guidance and support  
             for local governments and regional collaboratives in addressing  
             the impacts of climate change.  The guide consists of an overview  
             document and three companion documents for use as needed in  
             defining local and regional impacts, understanding regional  
             characteristics, and identifying adaptation strategies.  The  
             guide is meant to allow for flexibility across communities in  
             terms of the time, money, and effort available for adaptation.

            Comments
          
          1. Purpose of Bill.  

             According to the author, "Currently, the state lacks a  
             coordinated, comprehensive approach for adapting to the impacts  
             of climate change.  While California has been a leader in climate  








          SB 246 (Wieckowski)                                     Page 6 of ?
          
          
             mitigation efforts, the state alone cannot prevent global climate  
             change and must prepare for the inevitable impacts through  
             planning and implementing adaptation strategies in addition to  
             continuing mitigation efforts.

             "Regional collaboratives and local governments have been at the  
             forefront of efforts to plan and implement adaptation projects,  
             though many lack the scientific expertise, knowledge on  
             adaptation best-practices, funding opportunities, and metrics to  
             evaluate their progress with adaptation.  Given their efforts and  
             needs, improved coordination and communication with state  
             agencies overseeing the state's climate policy is important for  
             developing comprehensive, statewide adaptation efforts.

             "SB 246 establishes the cross-agency Climate Action Team in  
             statute and tasks the CAT with coordinating the state's climate  
             policy, as previously intended by Executive Order and in statute,  
             including both mitigation and adaptation.  The bill further tasks  
             the CAT with coordinating updates to the state's Climate  
             Adaptation Strategy and Adaptation Planning Guide as specified.   
             These resources, in combination with opportunities for public  
             meetings, and the creation of an advisory council to provide  
             scientific or technical support, and regional and local  
             perspectives, will help ensure that state, regional, and local  
             adaptation efforts are coordinated to provide resiliency to  
             climate impacts for communities across California."

          2. The Need for Improving Adaptation Efforts in California.

             According to the 2014 independent report "Governing California  
             Through Climate Change" by the Little Hoover Commission (LHC)-a  
             bipartisan state oversight agency-based on hearings, meetings,  
             and interviews with climate change experts and stakeholders  
             throughout the state, there is a need for a more unified approach  
             to adaptation from the state government.  The report notes the  
             thorough and proactive efforts of the state to understand the  
             challenges and vulnerabilities from climate change.  However, the  
             report also notes that most adaptation strategies at the state  
             level are still advisory and have been developed without  
             coordination with local governments and the private sector, which  
             have largely been planning and implementing projects individually  
             or with regional collaboratives.

             Specific recommendations from the LHC's report included:
                     That the Governor and Legislature create a new state  








          SB 246 (Wieckowski)                                     Page 7 of ?
          
          
                 entity or enhance the institutional capacity of an existing  
                 organization, which should include an independent science  
                 board, to help California's multitude of governments prepare  
                 for and react to climate change; and 
                     That the California Strategic Growth Council expand its  
                 focus beyond reduction of carbon emissions to include a  
                 greater emphasis on adaptation to the impacts of climate  
                 change.

          1. Who Should Coordinate Adaptation Efforts in California?
            
             Previous legislative efforts have tried to place the task of  
             coordinating the state's adaptation efforts with both the Climate  
             Action Team and the Strategic Growth Council, two cross-agency  
             bodies dealing with climate change issues.

             The Strategic Growth Council (SGC) was established by SB 732  
             (Steinberg), Chapter 729, Statutes of 2008.  SGC is comprised of  
             10 members representing six agencies, OPR, and three public  
             members and was created to focus attention on climate change and  
             coordinated sustainable growth.  SGC is also responsible for  
             awarding sustainable community grants and is tasked with  
             identifying and reviewing activities and funding programs of  
             member agencies that may be coordinated to improve air and water  
             quality, increase the availability of affordable housing, improve  
             transportation, 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. 

             It seems reasonable that both the CAT and the SGC place an  
             emphasis on adaptation, given the urgency and importance of the  
             topic.  Within the SGC, certainly considerations of adaptation  
             and resiliency must be incorporated into infrastructure as the  
             state grows.  Within the CAT, there is large agency  
             representation, previous direction to coordinate the state's  
             overall climate strategy, and multiple cross-agency working  
             groups; these factors may make the CAT the appropriate body to  
             undertake broad coordination of adaptation across sectors in  
             California.

          2. Technical Clarifying Changes.

             A.    On page 4, lines 39-40, the CAT is directed to update "the  
                Climate Adaptation Strategy and the Safeguarding California  








          SB 246 (Wieckowski)                                     Page 8 of ?
          
          
                Plan."  As the Safeguarding Plan is an update to the Climate  
                Adaptation Strategy, this should be clarified. An amendment is  
                needed to state "the Climate Adaptation Strategy, for which  
                the first update was titled the Safeguarding California Plan,  
                to incorporate?"

             B.    On page 5, line 15, the first listing of information to be  
                included for the Adaptation Planning Guide states, "Funding  
                opportunities for adaptation research, planning, and  
                projects."  Because the CAT is not authorized to receive or  
                expend moneys for funding such adaptation efforts, this  
                provision should be amended to state "Information concerning  
                funding opportunities for adaptation research, planning, and  
                projects."

            Related/Prior Legislation
          
          AB 1482 (Gordon, 2015) would expand the duties of the SGC to  
          coordinate state agency climate adaptation efforts and require the  
          Natural Resources Agency, with the SGC, to coordinate existing  
          grants and programs to address climate change and adaptation by  
          maximizing specified objectives.  AB 1482 is currently referred to  
          the Assembly Committee on Natural Resources.

          SB 1217 (Leno, 2014) 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 projects.  SB 1217  
          died in the Assembly Appropriations Committee.

          AB 2329 (Ruskin, Chesbro, 2010) enacted the Climate Action Team Act  
          of 2010 to coordinate oversight of state agency efforts to meet GHG  
          reduction targets, including development and implementation of  
          mitigation and adaptation plans, and enacted the California Climate  
          Vulnerability & Adaptation Plan of 2010.  AB 2329 failed on the  
          Senate floor.

          SB 721 (Steinberg, 2009) was a reintroduction of SB 1760 (Perata) of  
          2008 as specified below. SB 721 would also have required the CAT to  
          biennially prepare and adopt a climate change impact mitigation and  
          adaptation plan including specified info.  SB 721 died in the Senate  
          Appropriations Committee.

          SB 1760 (Perata, 2008) created the CAT in statute and required an  
          annual strategic research, development, demonstration, and  








          SB 246 (Wieckowski)                                     Page 9 of ?
          
          
          deployment plan with expenditures in those areas, to be administered  
          by the Department of Transportation for clean technology,  
          environmental protection, and public interest energy research  
          consistent with the plan.  SB 1760 was vetoed by the Governor.

            SOURCE:                    Author  

           SUPPORT:               
          Audubon California
          California League of Conservation Voters
          Climate Resolve
          Defenders of Wildlife
          Environment California
          Friends of the River
          Local Government Commission
          Public Health Institute's Center for Climate Change & Health
          The Nature Conservancy
          Sierra Club California
           
           OPPOSITION:    None on file  

           ARGUMENTS IN  
          SUPPORT:    Sierra Club California states that "it will be  
          imperative for state agencies to effectively prepare for the impacts  
          of climate disruption in the coming years.  SB 246 will help advance  
          that preparation." 

          A coalition of environmental, conservation, and public health  
          interests notes, "California's changing climate poses an increasing  
          threat to human health, public safety, natural resources, and  
          property.

          "The state needs to develop adaptation strategies to buffer these  
          detrimental impacts.  These efforts require coordinating state  
          agencies to implement and support adaptation programs through the  
          use of up-to-date data, tools, and best-practices that are made  
          available through cutting-edge scientific assessments, research and  
          case studies.

          "These actions [of SB 246] will optimize the state's collective  
          ability to address climate change impacts."
                                        -- END --
          










          SB 246 (Wieckowski)                                     Page 10 of ?