BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 246| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 246 Page 2 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 SB 246 Page 3 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. SB 246 Page 4 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 SB 246 Page 5 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 SB 246 Page 6 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 SB 246 Page 7 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. SB 246 Page 8 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 SB 246 Page 9 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 SB 246 Page 12 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 ****