BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 246 (Wieckowski) - Climate Action Team.
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|Version: May 5, 2015 |Policy Vote: E.Q. 6 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 18, 2015 |Consultant: Marie Liu |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 246 would create the Climate Action Team (CAT) and
an advisory council. The CAT would be required to update the
state's adaptation strategy, regularly update the Adaptation
Planning Guide, and to hold public meetings and workshops.
Fiscal
Impact:
Approximately $750,000 from the General Fund for the
California Environmental Protection Agency to staff the CAT
and advisory council.
Unknown ongoing costs, at least in the hundreds of thousands
of dollars, for the necessary activities to inform the
required updates of the Climate Adaptation Strategy and the
Adaptation Planning Guide.
Background: The existing Climate Action Team was initially created under
the direction of Governor Schwarzenegger. It is led by the
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secretary of the California Environmental Protection Agency
(secretary) and consists of various secretaries and heads of
state boards and departments. The CAT was tasked by Executive
Order S-3-05 to coordinate the overall climate policy of the
state. Legislative intent established in Health and Safety Code
§38501 further supports the CAT in this role. With this
authority, the CAT has issued a number of reports, including the
2015 Climate Change Research Plan which outlines statewide
research and priorities for climate change.
The CAT also has established 10 working groups in issues such as
agriculture, biodiversity, coastal and ocean climate adaptation,
and forestry. Each of the working groups developed a Near-Term
Implementation Plan (CATNIPs) which identified specific climate
change mitigation measures and adaptation strategies for its
issue area.
In December 2009, the Resources Agency released the California
Climate Adaptation Strategy, pursuant to Executive Order
S-13-2008 which directed the Resources Agency to identify how
state agencies can respond to rising temperatures, changing
precipitation patterns, sea level rise, and extreme natural
events. The report noted that climate change is already
affecting California with increased average temperatures, more
extreme hot days, fewer cold nights, shifts in the water cycle,
and the lengthening of the growing season. The report stated
that not addressing these changes could cause significant
economic damages to the state in the trillions of dollars; thus,
the state must address climate change challenges with both
climate adaptation and mitigation. The 2014 Safeguarding
California Plan is an update to this strategy.
The 2012 California Adaptation Planning Guide, prepared and
promoted by the Governor's Office of Planning and Research
(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.
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Proposed Law: This bill would create the CAT and would task it
with responsibilities related to adaptation. Specifically, this
bill would:
Establish the CAT with the following membership:
o Secretary of the California Environmental Protection
Agency (chair)
o Secretary of the Natural Resources Agency
o Chair of the Air Resources Board
o President of the California Public Utilities
Commission
o Secretary of Transportation
o Secretary of Food and Agriculture
o Secretary of State and Consumer Services
o Secretary of the California Health and Human
Services
o Director of the Office and Planning and Research
o Secretary of Labor and Workforce Development
o Director of Emergency Services
Authorize the secretary of CalEPA to add ex officio
representatives from other state departments as necessary to
provide assistance and expertise in particular subject areas.
Charge the CAT with the following goals:
o To coordinate the climate policy of the state.
o To identify the most effective strategies and
methods to reduce GHG emissions and to adapt to climate
change on the state, federal, and international level.
o To coordinate research efforts.
o To facilitate and development of integrated and
cost-effective regional national, and international
climate change programs.
o To coordinate efficient use of state resources to
achieve the state's climates goals.
o To consider the incorporation of climate change
mitigation and adaptation strategies in state planning
and policies.
o To identify and disseminate information to local
governments and regional bodies.
Create an advisory council to the CAT that would be comprised
of 15 members from a range of disciplines to provide
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scientific and technical support to the CAT and to assist with
research and planning activities. Five of the members would be
appointed by the CAT, five by the Speaker of the Assembly, and
five by the Senate Rules Committee for four-year terms. Their
expertise should include public health, environmental quality,
environmental justice, agriculture, transportation and
housing, energy, natural resources and water, planning,
recycling and waste management, and local or regional
government.
Require that the CAT to update the 2009 California Climate
Adaptation Strategy by January 1, 2019, and every five years
thereafter, to incorporate advances in science and risk
management options.
Require the CAT and OPR to update the Adaptation Planning
Guide by January 1, 2017, and every five years thereafter, to
provide regional and local governments in creating and
implementing climate adaptation and community resiliency plans
and projects. As part of the update, the CAT and the advisory
council would be required to hold public meetings and
workshops at least annually in the northern, southern, and
central regions of the state to collect public input.
Require the Adaptation Planning Guide to include, at a
minimum, specific content including:
o Information on funding opportunities for adaptation
research, planning, and projects;
o Regionally prioritized best-practice adaptation
projects that integrate GHG reduction efforts where
appropriate;
o Adaptation planning templates for use locally and
regionally; and
o Guidelines for coordinating adaptation activities
among state, regional, and local bodies.
Require the CAT and the advisory council to meet as needed but
at least three times a year.
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Related
Legislation: SB 1217 (Leno, 2014) would have required the
Natural Resources Agency (agency) to prepare a climate risk
assessment every three years beginning in 2018. SB 1217 was held
by Assembly Appropriations.
Staff
Comments: While there is statutory language expressing
legislative intent that the CAT coordinate the state's overall
climate policy, the CAT membership and mission has never been
established in statute. As such, the actions of the CAT have
been discretionary. This bill would make regular updates to the
Climate Adaptation Strategy (CAS) and the Adaptation Planning
Guide mandatory at a substantial state cost. Staff notes that
these documents are not standalone efforts. For example, the
2009 CAS was largely supported by the 2009 Climate Change
Assessment, which was the third in a series of assessments. The
first three assessment cost between $900,000 and $3.7 million
each. A fourth assessment, which is currently underway, was
proposed at $5 million. Given the costs of the climate change
assessments, staff estimates that this bill will necessitate
ongoing on-going staff for the CAT as well as hundreds of
thousands of dollars annually, if not more, to fund the
supporting efforts that inform the reports.
This bill would require the creation of an advisory committee as
well as public meetings. CalEPA estimates that it will need four
to five new PY equivalents to provide for a dedicated
administrative staff for the CAT, staff to staff the council,
set up and management meetings, provide legal support, and to
prepare the required reports.
Staff notes that this bill does not specify a funding source and
will presumably be paid for by the General Fund. The
Environmental License Plate Fund could fund the type of
activities required by this bill but that fund is currently
oversubscribed. Staff notes that the use of Greenhouse Gas
Reduction Fund for these purposes are probably questionable as
that fund may only be used to fund activities that further the
purpose of AB 32 and result in greenhouse gas emissions.
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Staff notes that the CAT created in this bill does not fully
mirror the existing CAT in membership. The CAT established in
this bill includes the Secretary of Labor and Workforce
Development and the Director of Emergency Services, both of
which are not members of the existing CAT. Conversely the
existing CAT has several members not included in the membership
of this bill including the Department of Fish and Wildlife, the
Department of Forestry and Fire, the Department of Water
Resources, and the State Water Resources Control Board. While
the Secretary of CalEPA is authorized to add ex officio
representatives from other state departments has necessary, if
the author's intent is to codify the existing CAT, the
membership should be identical, or at the very least, the bill
should only add members, not exclude existing members.
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