BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 246|
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                                   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  








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             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;








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             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  








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          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  








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          (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  








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          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  








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          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.









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          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








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          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


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