BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 246| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 246 Author: Wieckowski (D) Amended: 6/2/15 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/29/15 AYES: Wieckowski, Gaines, Hill, Jackson, Leno, Pavley NO VOTE RECORDED: Bates SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen SUBJECT: Climate Change Adaptation SOURCE: Author DIGEST: This bill requires the California Natural Resources Agency (NRA) to coordinate an update to the state's Climate Adaptation Strategy (CAS) and the Governor's Office of Planning and Research (OPR) to coordinate an update to the Adaptation Planning Guide, as specified. This bill also establishes an advisory council to the OPR. ANALYSIS: Existing law: 1) Under the California Global Warming Solutions Act of 2006, states that it is the intent of the Legislature that the Climate Action Team (CAT), established by the Governor to SB 246 Page 2 coordinate the efforts set forth under Executive Order S-3-05 and led by the Secretary of the California Environmental Protection Agency with coordination from the Secretary of the NRA and heads of five additional state agencies, continue its role in coordinating the overall climate policy of the state. (Health and Safety Code §38501) 2) Requires the OPR to serve the Governor and Cabinet as staff for long-range planning and research, constituting the comprehensive state planning agency, with a focus on factors influencing the quality of the state's environment. (GOV §65040) This bill: 1) Declares the Legislature's intent to integrate adaptation strategies into state policies, projects, and permitting processes. 2) Requires the NRA, in coordination with relevant public and private entities, to coordinate an update to the state's CAS, for which the first update was titled "Safeguarding California," no later than January 1, 2019, to incorporate advances in climate science and risk management options. 3) Requires the OPR, in coordination with relevant public and private entities, to coordinate an update to the state's Adaptation Planning Guide (APG) no later than January 1, 2017, to provide tools and guidance to regional and local governments and agencies in creating and implementing adaptation and resiliency plans and projects, including, at a minimum: a) Funding opportunities for adaptation research, planning, and projects; b) Regionally prioritized best-practice adaptation projects that integrate greenhouse gas (GHG) reduction efforts where appropriate; c) Recommended metrics and indicators to track progress of adaptation efforts locally, regionally, and statewide; SB 246 Page 3 d) Adaptation planning templates for use locally and regionally; and e) Guidelines for coordinating adaptation activities among state, regional, and local bodies. 4) As part of updating the APG, requires the OPR and advisory council to hold public meetings and workshops at least annually in the northern, southern, and central regions of the state. 5) Creates an advisory council to the OPR to provide scientific and technical support, as well as regional and local perspectives. Requires the council to be comprised of 15 members, five 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, as specified. Background Executive Orders Relating to State Agencies and Adaptation. Executive Order S-3-05 established GHG emission reduction targets, created the CAT, and directed the Secretary of the California Environmental Protection Agency (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. Executive Order S-13-08 directed state agencies to plan for climate impacts specifically from sea level rise. It further directed the NRA, 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." Overview of State Agency Coordination Today. Previous SB 246 Page 4 legislative efforts have tried to place the task of coordinating the state's adaptation efforts with both the CAT and the Strategic Growth Council (SGC), two cross-agency bodies dealing with climate change issues. The 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. The CAT is comprised of state agency secretaries and the heads of agency, boards, and departments, chaired by the Secretary of the CalEPA. The team works to coordinate statewide efforts to implement GHG emission reduction programs, as well as the state's CAS. 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 numerous state agencies working on climate change, through such activities as conducting research, producing informational documents, organizing workshops, and conducting outreach. 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 SB 246 Page 5 (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 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. California's Adaptation Documents. The 2009 California CAS 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 NRA, 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 SB 246 Page 6 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 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 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 tasks state entities 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." 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 SB 246 Page 7 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 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 SGC expand its focus beyond reduction of carbon emissions to include a greater emphasis on adaptation to the impacts of climate change. Related/Prior Legislation AB 1482 (Gordon, 2015) required the NRA, in coordination with the SGC, to coordinate existing grant programs to address climate change and adaptation across state agencies and to identify and coordinate opportunities to expend funds from the Greenhouse Gas Reduction Fund, Proposition 1 of 2014, and other sources, to implement adaptation strategies. AB 1482 is on the Assembly Floor. SB 1217 (Leno, 2014) would have required the NRA 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) would have 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 246 Page 8 SB 721 (Steinberg, 2009) was a reintroduction of SB 1760 (Perata, 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) would have created the CAT in statute and required an annual strategic research, development, demonstration, and 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: 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 CAS and the APG. Unknown costs, potentially in the high tens of thousands of dollars, to the General Fund to the OPR to support the advisory committee. SUPPORT: (Verified6/1/15) Audubon California California League of Conservation Voters Center for Climate Protection Climate Resolve Defenders of Wildlife Environment California Friends of the River Local Government Commission Public Health Institute's Center for Climate Change & Health Sierra Club California The Nature Conservancy SB 246 Page 9 TreePeople OPPOSITION: (Verified6/1/15) None received 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." Prepared by:Laurie Harris / E.Q. / (916) 651-4108 6/2/15 22:03:03 **** END **** SB 246 Page 10