BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 246|
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UNFINISHED BUSINESS
Bill No: SB 246
Author: Wieckowski (D)
Amended: 9/4/15
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
SENATE FLOOR: 26-11, 6/3/15
AYES: Allen, Beall, Block, De León, Gaines, Galgiani, Glazer,
Hall, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley,
Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Fuller, Huff, Moorlach, Morrell,
Nguyen, Nielsen, Runner, Stone, Vidak
NO VOTE RECORDED: Berryhill, Cannella, Hancock
ASSEMBLY FLOOR: 56-23, 9/8/15 - See last page for vote
SUBJECT: Climate change adaptation
SOURCE: Author
DIGEST: This bill establishes the Integrated Climate
Adaptation and Resiliency Program (Program) through the Office
of Planning and Research (OPR) to coordinate regional and local
adaptation efforts with state climate adaptation strategies.
Assembly Amendments establish the Program within OPR to
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coordinate among local, regional, and state adaptation efforts
and to aid the Office of Emergency Services (OES) in reviewing
and updating the Adaptation Planning Guide (APG), including the
goals and information specified. The amendments also establish
an advisory council to support the Program goals, including the
listed areas of expertise, establish a clearinghouse of climate
adaptation resources, and remove the provision to regularly
update the Safeguarding California Plan. Finally, the
amendments exempt from the Bagley-Keene Open Meeting Act (OMA)
Strategic Growth Council (SGC) meetings of council staff and
member agency staff when they are meeting to discuss, but not
take final action on, specified topics.
ANALYSIS:
Existing law:
1)Establishes the Greenhouse Gas Reduction Fund (GGRF) as a
special fund in the State Treasury; requires all moneys,
except fines and penalties, collected pursuant to a
market-based mechanism be deposited in the fund; and requires
the Department of Finance, in consultation with the California
Air Resources Board and any other relevant state agency, to
develop, as specified, a three-year investment plan for the
moneys deposited in the GGRF. (Government Code (GOV)
§16428.8)
2)Requires that moneys deposited in the GGRF be used to
facilitate the achievement of greenhouse gas (GHG) emissions
reductions in the state and, where applicable and as feasible,
lessen the impacts and effects of climate change on the
state's communities, economy, and environment, among other
potential specified co-benefits. (Health and Safety Code
(HSC) §39712)
3)Establishes the SGC, consisting of the Director of the OPR,
the Secretary of the California Natural Resources Agency
(CNRA), the Secretary of the Environmental Protection Agency
(CalEPA), the Secretary of Transportation, the Secretary of
Health and Human Services (HHS), the Secretary of Business,
Consumer Services, and Housing, the Secretary of the
California Department of Food and Agriculture (CDFA), and
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three members of the public. (Public Resources Code (PRC)
§75121)
4)Requires SGC to identify and review activities and funding
programs of member agencies to improve air and water quality,
meet the goals of AB 32 (Nunez/Pavley, Chapter 488, Statutes
of 2006), 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. (PRC §75125)
5)Requires 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 findings and that climate change
impacts are ongoing and a threat to safety and security, as
well as intent to have a cohesive and comprehensive adaptation
response with OPR serving as the coordinating body for
regional and local efforts with state strategies.
2)Requires the Director of OPR to establish the Program by
January 1, 2017, to coordinate regional and local efforts with
state climate adaptation strategies with, to the extent
feasible, an emphasis on climate equity and strategies that
benefit both GHG emissions reductions and adaptation efforts.
Requires the Program to include:
a) Working with and coordinating local and regional
adaptation efforts, including developing tools and
guidance, promoting and coordinating state agency support,
and informing state-led programs, planning processes, grant
programs, and guidelines development through regular
coordination among state agencies, the Climate Action Team
(CAT), and SGC.
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b) Assisting OES and other relevant agencies with
coordinating regular reviews and updates to the APG.
c) Coordinating and maintaining the state's clearinghouse
for climate adaptation information.
d) Conducting regular meetings with the advisory council as
established.
3)Requires within one year of an update to the Safeguarding
California Plan, OES, in coordination with the CNRA, OPR, and
relevant public and private entities to review and update, as
necessary, the APG, and maintain an electronic copy on the
state's Climate Change Portal and OPR's website.
4)Establishes an advisory council, with a range of experience,
to support OPR by providing scientific and technical support
and to facilitate coordination among state, regional, and
local agency efforts to adapt to the impacts of climate
change.
5)Requires OPR to coordinate with appropriate state, regional,
and local agencies to establish a clearinghouse of climate
adaptation information, as specified, to guide decisionmakers
when planning and implementing climate adaptation projects.
6)Exempts certain discussions by SGC staff and member agency
staff from the OMA, including state agency coordination for
state goals, preliminary policy recommendations and investment
strategies, and the development of grant guidelines that are
otherwise subject to public participation process
requirements, as specified in Section 75125 of the PRC.
Background
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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 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 CNRA, 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."
Recent Executive Order B-30-15, in addition to setting
GHG-related goals, directs the CNRA to update the Plan every
three years and include vulnerabilities to climate change by
sector and region, as specified, primary risks and priority
actions regarding climate change impacts, and identification of
lead agencies for each sector, which then report back to the
CNRA on their actions taken. The Order further directs state
agencies to take climate change into account in planning and
investment decisions, guided by specified principles, and
directs OPR to establish a technical, advisory group to help
state agencies in their efforts.
California's Adaptation Documents. The 2009 California Climate
Adaptation Strategy is a statewide strategy that includes a
summary of impacts from climate change, provides recommendations
for adaptation strategies in seven sectors, and provides
guidance for establishing adaptation and resiliency actions for
the state. The 2014 Safeguarding California Plan is an update
that augments adaptation strategies based on new climate science
and risk management options.
The 2012 California APG, prepared and promoted by OPR, the CNRA,
and OES, was designed to provide guidance and support for local
governments and regional collaboratives in addressing the
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impacts of climate change. The guide consists of an overview
document and three companion documents for use in defining local
and regional impacts, understanding regional characteristics,
and identifying adaptation strategies. The guide is meant to
allow for flexibility in time, money, and effort available for
adaptation across communities.
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.
"As noted in the 'Governing California Through Climate Change'
report by the Little Hoover Commission (LHC) as well as multiple
hearings on state and regional climate adaptation by the State
Senate Environmental Quality Committee this year, there is a
need for improved communication and coordination in climate
adaptation efforts among levels of government in California, as
well as for a centralized source of information and tools for
planning and implementing adaptation efforts.
"SB 246 provides a framework for coordinating regional and local
adaptation planning with state policies and strategies through
the Program. The bill also ensures regular review of the APG
and creates a central hub for information to avoid duplication
of adaptation planning efforts, as well as improved
communications among levels of government through an advisory
council to help ensure that 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 by the LHC-a bipartisan
state oversight agency-based on hearings, meetings, and
interviews with climate change experts and stakeholders, there
is a need for a more unified approach to adaptation from the
state government. The report notes that most adaptation
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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; and
That the SGC expand its focus beyond reduction of carbon
emissions to include a greater emphasis on adaptation.
Legislative Hearings on Climate Adaptation. This year, the
Senate Environmental Quality Committee has conducted hearings on
climate adaptation in California. The first hearing was focused
mainly on state efforts to adapt to climate change impacts with
testimony from the Secretaries of CalEPA, CNRA, CDFA, HHS, as
well as the Deputy Directors of OPR and OES, and testimony from
regional and local representatives and the LHC.
A second hearing was conducted in Oakland which focused on
regional adaptation efforts and coordination in the Bay Area.
Speakers included a member of the Nobel Prize-winning
Intergovernmental Panel on Climate Change and representatives
from the San Francisco Department of Public Health, the Climate
Readiness Institute, the Bay Conservation and Development
Commission, the Association of Bay Area Governments, the
Counties of Marin, Sonoma, and Santa Clara, the City of
Berkeley, and the Asian Pacific Environmental Network.
Testimony highlighted that there remains a lack of statutory
direction that clearly articulates the roles at each level of
government to ensure coordination and prioritization of
adaptation throughout the state. Testimony also underscored the
current and worsening impacts from climate change and the need
for coordinating knowledge, tools, and funding so that
adaptation is approached efficiently and holistically across
government levels and regions.
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Related/Prior Legislation
AB 1482 (Gordon, 2015) requires the CNRA to regularly update the
Safeguarding California Plan, requires state agencies to
maximize specified objectives across sector vulnerabilities, and
requires the SGC review activities and funding to meet the
priorities of the Plan. AB 1482 is on the Assembly Floor for
concurrence.
SB 1217 (Leno, 2014) would have required the CNRA 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 CAT Act of
2010 to coordinate oversight of state agency efforts to meet GHG
reduction targets, including development and implementation of
mitigation and adaptation plans. AB 2329 failed on the Senate
Floor.
SB 721 (Steinberg, 2009) was a reintroduction of SB 1760
(Perata, 2008), which was vetoed. SB 721 would also have
required the CAT to biennially prepare and adopt a climate
change impact mitigation and adaptation plan including specified
information. SB 721 died in the Senate Appropriations
Committee.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee:
1)Increased annual General Fund (GF) costs of $200,000 for OPR
to administer the Program.
2)One-time GF costs of $50,000 for data base development.
3)Ongoing annual costs GF costs of $50,000 for OPR to reimburse
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the Cal Tech Agency for webhosting.
SUPPORT: (Verified9/8/15)
Audubon California
California Climate & Agricultural Network
California League of Conservation Voters
Center for Climate Protection
Climate Resolve
Coalition for Clean Air
Defenders of Wildlife
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Environment California
Friends of the River
Little Hoover Commission
Local Government Commission
Mosquito and Vector Control Association of California
Natural Resources Defense Council
Public Health Institute's Center for Climate Change & Health
The Nature Conservancy
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TreePeople
Sacramento Metropolitan Air Quality Management District
Sierra Business Council
Sierra Club California
OPPOSITION: (Verified9/8/15)
None received
ARGUMENTS IN SUPPORT: A coalition of environmental,
conservation, business, and public health interests notes, "SB
246 provides a framework with which California governments can
adapt to the impacts of climate change. Through optimizations
and efficiencies in adaptation planning offered by SB 246, the
state will help avert unnecessary and redundant costs resulting
from the absence of proper coordination and adoption of best
practices."
ASSEMBLY FLOOR: 56-23, 9/8/15
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AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon,
Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey,
Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin,
Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber,
Williams, Wood, Atkins
NOES: Travis Allen, Bigelow, Brough, Chang, Dahle, Beth
Gaines, Gallagher, Gray, Grove, Harper, Jones, Kim, Linder,
Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson,
Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chávez
Prepared by:Laurie Harris / E.Q. / (916) 651-4108
9/8/15 22:02:42
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