BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing: July 13, 2015  


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          SB  
          246 (Wieckowski) - As Amended July 1, 2015


          SENATE VOTE:  26-11


          SUBJECT:  Climate change adaptation.


          SUMMARY:  Establishes the Climate Adaptation and Resiliency  
          Program (Program) to be administered by the Office of Planning  
          and Research (OPR) to coordinate state, regional, and local  
          agency efforts to adapt to the impacts of climate change. Alters  
          the state agencies with the responsibility for updating the  
          state's climate adaptation strategy and adaptation planning  
          guide (Guide).


          EXISTING LAW:   


          1)Establishes OPR as the comprehensive state planning agency and  
            requires OPR to assist state, regional, and local agencies in  
            a variety of research and planning efforts.  


          2)Requires, pursuant to the California Global Warming Solutions  
            Act (AB 32), the Air Resources Board (ARB) to adopt a  
            statewide greenhouse gas (GHG) emissions limit equivalent to  








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            1990 levels by 2020 and to adopt rules and regulations to  
            achieve maximum technologically feasible and cost-effective  
            GHG emission reductions.


          3)Pursuant to Executive Order S-13-08 (Schwarzenegger), requires  
            NRA, through the Climate Action Team, to coordinate with  
            local, regional, state, federal, and private entities to  
            develop, by 2009, a state Climate Adaptation Strategy.  
            Requires the strategy to summarize the best known science on  
            climate change impacts to California, assess California's  
            vulnerability to the identified impacts, and outline solutions  
            that can be implemented within and across state agencies to  
            promote resiliency. 

          4)Requires OPR and NRA to periodically update the guidelines for  
            the mitigation of greenhouse gas emissions or the effects of  
            GHG emissions as required by the California Environmental  
            Quality Act (CEQA), including, but not limited to, effects  
            associated with transportation or energy consumption, and to  
            incorporate new information or criteria established by ARB  
            pursuant to AB 32.

          5)Pursuant to Executive Order B-30-15 (Brown), in addition to  
            establishing a 40% GHG emission reduction goal by 2030,   
            requires several actions on adaptation including:

             a)   Requires NRA to update every three years the state's  
               climate adaptation strategy and ensure that its provisions  
               are fully implemented. Requires the state's climate  
               adaptation strategy to:
               i)     Identify vulnerabilities to climate change by sector  
                 and regions, including, at a minimum, the following  
                 sectors: water, energy, transportation, public health,  
                 agriculture, emergency services, forestry, biodiversity  
                 and habitat, and ocean and coastal resources;
               ii)    Outline primary risks to residents, property,  
                 communities, and natural systems from these  
                 vulnerabilities, and identify priority actions needed to  








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                 reduce these risks; and,
               iii)   Identify a lead agency or group of agencies to lead  
                 adaptation efforts in each sector.

             b)   Requires each sector lead to prepare an implementation  
               plan by September 2015 to outline the actions that will be  
               taken as identified in state's climate adaptation strategy,  
               and report back on those actions to the NRA.

             c)   Requires state agencies to take climate change into  
               account in their planning and investment decisions, and  
               employ full life-cycle cost accounting to evaluate and  
               compare infrastructure investments and alternatives.
              
             d)   Requires state agencies' planning and investment to be  
               guided by the principles of climate preparedness,  
               flexibility and adaptive approaches for uncertain climate  
               impacts, protective of vulnerable populations, and  
               prioritization of natural infrastructure solutions.  

             e)   Requires the state's Five-Year Infrastructure Plan to  
               take current and future climate change impacts into account  
               in all infrastructure projects.

             f)   Requires OPR to establish a technical, advisory group to  
               help state agencies incorporate climate change impacts into  
               planning and investment decisions.

             g)   Requires the state to continue its rigorous climate  
               change research program focused on understanding the  
               impacts of climate change and how best to prepare and adapt  
               to such impacts.

          THIS BILL:

          1)Establishes, no later than January 1, 2017, the Program to be  
            administered by OPR to coordinate state, regional, and local  
            agency efforts to adapt to the impacts of climate change.  
            Requires the Program to include:








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             a)   Assistance to state agencies in coordinating, planning  
               and preparation of regular updates to the state's Climate  
               Adaptation Strategy; 
             b)   Assistance to relevant state agencies and public and  
               private entities to create regular updates to the Guide;  
               and,
             c)   Coordination and maintenance of the state's  
               clearinghouse for climate adaptation information.

          2)Requires, no later than January 1, 2019, and every three years  
            thereafter, the California Environmental Protection Agency  
            (CalEPA), NRA, and OPR to update the state's Climate  
            Adaptation Strategy, for which the first update was titled  
            Safeguarding California: Reducing Climate Risk, to incorporate  
            advances in climate science and risk management options  
            regarding regional and statewide climate change impacts and  
            vulnerabilities and recommended adaptation strategies.

          3)Requires, no later than January 1, 2018, and every three years  
            thereafter, OPR to update the Guide to provide tools and  
            guidance to regional and local governments and agencies in  
            creating and implementing climate adaptation and community  
            resiliency plans and projects. Requires the Guide updates to  
            include, at a minimum, all of the following:



             a)   Information concerning funding opportunities for  
               adaptation research, planning, and projects;
             b)   Regionally prioritized best-practice adaptation projects  
               that, where appropriate, integrate efforts to reduce GHG  
               emissions across the state;
             c)   Recommended metrics and indicators to track the progress  
               and success of adaptation efforts locally, regionally, and  
               statewide;
             d)   Adaptation planning templates for use by local  
               governments and regional collaboratives; and,
             e)   Guidelines for coordinating adaptation activities among  
               state and local governments and regional collaboratives.








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          4)Establishes an advisory council to OPR. Specifies the advisory  
            council will be comprised of 15 members from a range of  
            disciplines in order to provide scientific and technical  
            support, as well as regional and local perspectives, to  
            support OPR adaptation work. Specifies five members will be  
            appointed the Governor, five members will be appointed by the  
            Speaker of the Assembly, and five members will be appointed by  
            the Senate Committee on Rules.

          5)Requires OPR to establish a clearinghouse for climate  
            adaptation information for use by state, regional, and local  
            entities. Requires the clearinghouse to include a collection  
            of the best-available science, projections, models, and  
            vulnerability assessments of climate change impacts throughout  
            the state at statewide, regional, and local levels for both  
            near-term and longer term timescales, including year 2050 and  
            year 2100 projections. Requires the clearinghouse to include  
            tools and a library to provide the best available data and  
            best adaptation practices.

          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Adaptation. According to the United States Environmental  
            Protection Agency, "adaptation is the adjustments that society  
            or ecosystems make to limit negative effects of climate  
            change. It can also include taking advantage of opportunities  
            that a changing climate provides." In 2009, the NRA described  
            adaptation as a relatively new concept in California policy  
            and stated the term means, "efforts that respond to the  
            impacts of climate change - adjustments in natural or human  
            systems to actual or expected climate changes to minimize harm  
            or take advantage of beneficial opportunities."
             









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            California's adaptation efforts can be traced back to 2008,  
            when Governor Schwarzenegger ordered the NRA, through the  
            Climate Action Team (CAT), to coordinate with local, regional,  
            state, federal, public and private entities to develop, by  
            2009, the state's Climate Adaptation Strategy.  The Governor  
            Schwarzenegger's Executive Order required the strategy to  
            summarize the best known science on climate change impacts for  
            California, assess California's vulnerability to the  
            identified impacts, and outline solutions that can be  
            implemented within and across state agencies to promote  
            resiliency.  As a result, NRA drafted The 2009 California  
            Climate Adaptation Strategy.  The state's Climate Adaptation  
            Strategy represents the work of seven sector-specific working  
            groups led by 12 state agencies, boards, and commissions, and  
            numerous stakeholders.  The state's Climate Adaptation  
            Strategy proposes a comprehensive set of recommendations  
            designed to inform and guide California decision makers as  
            they begin to develop policies that will protect the state,  
            its residents, and its resources from a range of climate  
            change impacts. In July of 2014, NRA released an update to the  
            2009 California Climate Adaptation Strategy Safeguarding  
            California: Reducing Climate Risk.





            Climate risks in California include sea level rise, changes in  
            precipitation that increase the risk of both drought and  
            flooding, and increases in temperatures that can affect air  
            quality and habitat. California is responding to these risks  
            through various efforts including the recently passed Water  
            Quality, Supply, and Infrastructure Improvement Act of 2014  
            (Proposition 1), which has several pots of funding for  
            responding to drought conditions or flooding brought by  
            climate change and dealing with sea level rise.  Of the over  
            $7 billion allocated in the bond, $3.6 billion could be spent  
            on projects that deal in some way with adaptation. 








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            In addition, the Coastal Commission (Commission) has been  
            working with coastal zone local governments to update their  
            local coastal programs to address shoreline hazards and sea  
            level rise. The Commission has also released a Draft Sea-Level  
            Rise Policy Guidance document that provides an overview of  
            best available science on sea-level rise for California and  
            recommended steps for addressing sea-level rise in Commission  
            planning and regulatory actions. This will help coastal local  
            governments to make planning decisions that will take into  
            account sea level rise and identify infrastructure and  
            property that is at risk.





          2)State Efforts.  On February 25, 2015, The Senate Environmental  
            Quality Committee held an informational hearing entitled,  
            "California's Adaptation Efforts to Climate Change Impacts of  
            Environmental Quality and Public Health." In the hearing, four  
            different cabinet Secretaries presented how climate impacts  
            affect the work at their agencies. In addition, regional  
            collaboratives and a representative from local governments  
            testified. At a subsequent hearing in the Bay Area on May 29,  
            2015 the committee heard about regional efforts. 
            


            During the hearings, regional and local leaders stressed the  
            importance of the following:


             a)   Sustainable funding;
             b)   Actionable, prioritized implementation standards for  








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               adaptation projects; 


             c)   More guidance from the state on climate adaptation  
               priorities among state, regional, and local bodies;


             d)   Improved communication among levels of government and  
               more opportunities for input at the state level from  
               regions and locals; and,


             e)   A centralization/hub of resources and data for use by  
               all stakeholders to avoid duplication of efforts by  
               regional and local entities.


            According to the author, SB 246 attempts to capture that  
            feedback and provide a coordinated, comprehensive approach for  
            adapting to the impacts of climate change. However, the  
            approach SB 246 takes differs from the Governor's executive  
            order by moving some responsibilities from NRA to OPR and by  
            spreading the responsibilities to other agencies such as for  
            the update for California Climate Adaptation Strategy.  
            According to the author's office: 


               The NRA has successfully worked with multiple agencies  
               and coordination bodies, including the CAT and  
               Strategic Growth Council (SGC), to coordinate the  
               Safeguarding California Plan. While there has been  
               extensive research and guidance preparation, there  
               have been concerns that much still remains to be done  
               in aligning and implementing adaptation  
               recommendations across the state. As well, regional  
               and local stakeholders have expressed concern that the  
               state agencies and document preparation processes are  
               very insular. OPR is a noted exception, often engaged  
               by local entities and established in statute as the  








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               comprehensive state planning agency that shall engage  
               in the formulation, evaluation, and updating of  
               long-range goals, assisting state, regional, and local  
               agencies in a variety of research and planning  
               efforts. By specifying that OPR help coordinate the  
               Safeguarding Plan and tasking the office with more  
               responsibility for coordinating adaptation activities  
               that connect state, regional, and local efforts, SB  
               246 works to address issues beyond state agency  
               coordination to establish a comprehensive adaptation  
               planning effort across levels of government.


            It is important to consider that adapting to changing  
            climate may go beyond the scope of NRA's expertise when  
            the impacts from climate change fall out of the  
            jurisdiction of the Agency or when they manifest on the  
            local or regional level. The most common impacts that  
            come to mind when thinking of climate change are drought,  
            flooding, fires, and sea level rise, which are in NRA's  
            scope of expertise. However, impacts to air quality,  
            water quality, public health, and agriculture are not.  
            OPR is part of the Governor's Office that oversees all  
            the different state government agencies, and through its  
            role in CEQA, deals with local governments on a constant  
            basis. At this committee's April 27 hearing, AB 1482 was  
            heard. AB 1482 has a different, but overlapping approach  
            to developing the state's adaptation policy. The authors  
            of these measures have agreed to attempt to reconcile  
            their legislation. A path forward could be to recognize  
            the importance of adaptation to NRA while enhancing the  
            role of OPR to assist overseeing the state's role and  
            provide guidance and assistance to local and regional  
            entities. In addition, the SGC could be utilized to  
            provide assistance and funding to improve adaptation  
            efforts.


          3)Safeguarding California Plan. Safeguarding California  








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            Plan is the 343-page update to The 2009 California  
            Climate Adaptation Strategy. The update states it,  
            "presents a call to action to address climate risks that  
            threaten the state's people, economy, infrastructure and  
            natural resources. Climate impacts are already  
            manifesting in California, and strong state leadership is  
            critical in order to safeguard our communities." However,  
            it is unclear what risks California is most vulnerable to  
            and which risks should be prioritized because they pose  
            the greatest threat to the state. This bill, AB 1482, and  
            the Governor's executive order all call for updates to  
            state's Climate Adaptation Strategy every three years.  
            This bill requires CalEPA , OPR and NRA to be all be the  
            lead on this update. AB 1482 and the executive order both  
            place the responsibility with NRA. It may be appropriate  
            to direct whomever is leading the update to prioritize  
            what risks and vulnerabilities the state is least  
            prepared for and poses the greatest threat to help focus  
            attention on those areas.
          4)Related legislation.


          AB 1482 (Gordon) codifies a portion of Governor Brown's  
          Executive Order. The bill also requires the NRA to assess and  
          coordinate across all state departments and agencies identify  
          opportunities that increase the ability for state and local  
          infrastructure, people, and habitat, and wildlife to adapt to  
          the impacts of climate change. This bill is awaiting hearing in  
          the Senate Appropriations Committee.  


          SB 317 (De Leon) enacts the Safe Neighborhood Parks, Rivers, and  
          Coastal Protection Bond Act of 2016, which among other things  
          would allocate $100 million to the SGC for grants to develop or  
          implement a regional or local greenprint or climate adaptation  
          plan, or add climate adaption to a general plan, and for the  
          protection of agricultural and open-space resources that support  
          adopted sustainable communities strategies. This bill is on  
          third reading on the Senate Floor.  








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          SB 379 (Jackson) requires cities and counties to review and  
          update their general plans' safety elements to address risks  
          posed by climate change. This bill is awaiting hearing in the  
          Assembly Appropriations Committee.     






          REGISTERED SUPPORT / OPPOSITION:


          Support


          Audubon California


          California Climate & Agricultural Network


          California League of Conservation Voters


          Capitol Region Climate Readiness Collaborative


          Center for Climate Change and Health


          Center for Climate Protection


          Climate Resolve










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          Coalition for Clean Air


          Defenders of Wildlife


          Environment California


          Friends of the River


          Little Hoover Commission


          Local Government Commission


          Mosquito and Vector Control Association of California


          Sacramento Metropolitan Air Quality Management District
          Sierra Business Council


          Sierra Club California


          The Nature Conservancy


          TreePeople




          Opposition










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          None on file




          Analysis Prepared by:Michael Jarred / NAT. RES. / (916)  
          319-2092