BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 246 (Wieckowski) - Climate Action Team. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 5, 2015 |Policy Vote: E.Q. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. 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 (as approved on May 28, 2015): Unknown one-time costs, at least in the hundreds of thousands of dollars, to the General Fund for the necessary activities to inform the required update of the Climate Adaptation Strategy and the Adaptation Planning Guide. Unknown costs, potentially in the high tens of thousands of dollars, to the General Fund to the Office of Planning and Research to support the advisory committee. Background: The existing Climate Action Team was initially created under the direction of Governor Schwarzenegger. It is led by the 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 SB 246 (Wieckowski) Page 1 of ? 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. Proposed Law: This bill would create the CAT and would task it with responsibilities related to adaptation. Specifically, this bill would: SB 246 (Wieckowski) Page 2 of ? 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 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 SB 246 (Wieckowski) Page 3 of ? 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. Related SB 246 (Wieckowski) Page 4 of ? 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. Staff notes that the CAT created in this bill does not fully mirror the existing CAT in membership. The CAT established in SB 246 (Wieckowski) Page 5 of ? 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. Committee amendments (as adopted on May 28, 2015): Amend to delete the creation of the Climate Action Team and the ongoing updates to the adaptation strategy and planning guide. Instead require the Natural Resources Agency to do a one-time update of the 2009 Climate Adaptation Strategy and the OPR to do a one-time update to the Adaptation Planning Guide. -- END --