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









                                                                     SB 246  
                                                                     Page 10






          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











                                                                     SB 246  
                                                                     Page 11




          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
                                   ****  END  ****