BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 379
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|Author: |Jackson |
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|Version: |4/7/2015 |Hearing |4/29/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Laurie Harris |
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SUBJECT: Land use: general plan: safety element
ANALYSIS:
Existing law:
1. Requires local planning agencies to prepare a comprehensive,
long-term general plan for the physical development of the
county or city and for any land outside of its boundaries
that bears relation to its planning. (Government Code
§65300)
2. Requires the general plan to consist of a statement of
development policies and include the following elements: land
use, circulation, housing, conservation, open space, noise,
and safety. (GOV §65302)
3. Requires that local governments regularly revise the housing
element of their general plan every five years or as
specified for particular regional jurisdictions. (GOV
§65588)
4. Requires that local general plans contain a safety element
for the protection of the community from unreasonable risks
associated with earthquakes, flooding, wild land and urban
fires. The law also requires that, upon the next revision of
the housing element, the safety element shall identify
hazards, establish goals, policies, and objectives, and
establish feasible implementation measures for protection
regarding flooding and fire. (GOV §65302)
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5. Requires that the Governor's Office of Planning and Research
(OPR) adopt and periodically revise guidelines for the
preparation and content of city and county general plans.
(GOV §65040.2)
This bill:
1. Upon the next revision of the housing element for a local
general planning document, on or after January 1, 2017,
requires that the safety element also be reviewed and updated
to address applicable climate change adaptation and
resiliency strategies applicable to the city or county.
2. Requires that this safety element review considers advice
from the Office of Planning and Research's General Plan
Guidelines and all of the following:
A. A vulnerability assessment identifying the risks to the
local jurisdiction from climate change based on available
information from federal, state, regional and local
agencies, including, but not limited to, all of the
following:
(1) Information from the Cal-Adapt online tool;
(2) Information from the most recent version of the
California Adaptation Planning Guide;
(3) Information from local agencies on the types of
assets, resources, and populations that will be
sensitive to various climate change exposures;
(4) Information from local agencies on their
current ability to deal with the impacts of climate
change;
(5) Historical data on natural events and hazards,
including locally prepared maps of areas subject to
previous risk, areas that are vulnerable, and sites
that have been repeatedly damaged;
(6) Existing and planned development in identified
at-risk areas, including structures, roads,
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utilities, and essential public facilities;
(7) Federal, state, regional, and local agencies
with responsibility for the protection of public
health and safety and the environment, including
special districts and local offices of emergency
services.
B. A set of adaptation and resilience goals, policies, and
objectives based on the information specified in the
vulnerability assessment.
C. A set of feasible implementation measures designed to
carry out the adaptation and resilience goals, policies,
and objectives, including at minimum:
(1) Methods to avoid or minimize climate change
impacts associated with new uses of land;
(2) When feasible, the relocation of new essential
public facilities outside of at-risk areas, or the
identification of construction or other methods to
minimize damage if facilities are located in at-risk
areas;
(3) The designation of adequate infrastructure if a
new development is located in an at-risk area, such
as safe access for emergency response vehicles; and
(4) Guidelines for working cooperatively with
relevant local, regional, state, and federal
agencies.
3. Authorizes a city or county that has previously adopted a
plan or document which fulfills commensurate goals and
objectives, and includes the information required by this
bill, to comply by referencing or attaching the previously
adopted plan or document.
Background
1. Adaptation & Planning Guidance Documents.
The state has prepared several comprehensive reports on
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climate change and adaptation in California.
The 2014 Safeguarding California Plan is an update to
California's 2009 Climate Adaptation Strategy. These
documents provide policy guidance for state decision makers
as part of the efforts to prepare for the effects of climate
change, with impacts, progress, and recommendations
highlighted in nine sectors, including: agriculture,
biodiversity and habitat, emergency management, energy,
forestry, ocean and coastal ecosystems and resources, public
health, transportation, and water.
One of the initial recommendations in the strategy document
was that communities should amend their general plans to
assess climate change impacts, identify vulnerable areas, and
develop reasonable risk reduction strategies as soon as
possible, given that climate change will affect nearly every
aspect of the general plan and long-term developments. The
strategy further notes that communities will need to
implement adaptation measures because many plans can only be
implemented at the local level.
The 2012 California Climate Adaptation Planning Guide,
prepared and promoted by the Natural Resources Agency, the
Office of Emergency Services, and the Office of Planning and
Research, provides guidance and support to regional and local
bodies in developing vulnerability assessments and adaptation
strategies. The guide consists of an overview document and
three companion documents for use as needed in defining local
and regional impacts, understanding regional 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.
The Office of Planning and Research's General Plan Guidelines
provide advisory guidelines for cities and counties preparing
local general plans and encourages "collaborative and
comprehensive land use planning at the local, regional, and
statewide levels to achieve sustainable development goals of
protecting the environment, maintaining a healthy economy,
and ensuring equitable treatment of all people." OPR is
currently working on an update to the guidelines, which is
expected to be released later this year. The update is
anticipated to include advice on how general plans can
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incorporate contemporary planning issues such as climate
adaptation.
2. Independent Report Recommendation.
The Little Hoover Commission, an independent state oversight
agency with bipartisan membership, released a 2014 report
titled "Governing California Through Climate Change." This
study reviewed the state's preparedness for the impacts of
climate change, often referred to as "slow-moving emergency,"
through conducting multiple hearings, meetings, and
interviews with experts and stakeholders. One of their five
main recommendations included: "Governments at all levels
should build climate risk assessment and adaptation into
general plans, hazard mitigation plans and all local planning
processes." This bill begins to address that recommendation.
3. Recent State and Federal Laws Regarding Local Planning.
AB 162 (Wolk), Chapter 369, Statutes of 2007, and SB 1241
(Kehoe), Chapter 311, Statutes of 2012, updated local plan
guideline requirements regarding flood and fire hazards.
Together, they required the safety element to have
information, goals, policies, objectives, and feasible
implementation measures related to identifying and protecting
against unreasonable flood and fire risks. The structure of
this approach to plan for flood and fire risks is similar to
that of SB 379 for adaptation to climate risks. The flood
and fire requirements were also tied to a revision of the
housing element. Aside from the housing element, other
elements of local general plans are not required to be
regularly revised in state law.
The Federal Emergency Management Agency (FEMA) requires that
local jurisdictions prepare a Hazard Mitigation Plan in order
to receive certain types of non-emergency disaster
assistance, including funding for mitigation projects. The
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Public Law 93-288) provides for state, local, and tribal
governments to undertake a risk-based approach to reducing
risks from natural hazards through mitigation planning.
Comments
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1. Purpose of Bill.
According to the author, "Climate change may well be the
foremost challenge of our time-and it is already having a
significant and measurable impact on California's
environment.
"California has become the national leader on efforts to
mitigate the effects of climate change by reducing greenhouse
gas emissions, but much work still needs to be done at the
state, regional, and local levels to adapt to the effects of
climate change impacting California.
"While some cities and counties have been proactive in
addressing climate change adaptation in their local planning
efforts, many have not. There is no requirement in current
law that they consider climate adaptation as part of their
general plan process as they plan for the future.
"SB 379 is a natural follow-up to, and builds on the
requirements of, AB 162 (Wolk, Ch. 369, Stats. of 2007) which
added flood protection information and SB 1241 (Kehoe, Ch.
311, Stats. of 2012) which added fire protection information
to the safety elements of general plans. It will help ensure
that cities and counties are providing for the safety and
protection of their communities in the future by including
climate adaptation and resiliency strategies as part of the
safety elements of their general plans."
2. Consistency with Upcoming General Plan Guidelines Updates?
The forthcoming updates to the General Plan Guidelines (GPG)
from OPR, anticipated to be released later this year, are
expected to include considerations of climate change
adaptation. To ensure consistency with the GPG and the
requirements of this bill in order to provide clear guidance
to cities and counties when updating their general plans,
future amendments may be needed. The author has noted this
and plans to continue to work towards consistency between the
bill language and guidelines as needed.
3. Costs of Inaction.
Though the required vulnerability assessment and
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considerations of this bill will add costs to general plan
updates, given the long-term use of these documents, this is
an important investment. As highlighted in the Safeguarding
California Plan, "The state is pursuing a broad, integrated
strategy to reduce greenhouse gas emissions and build the
foundation for a new clean energy economy. While these
efforts will reduce the magnitude and impact of climate
change, they will not prevent it from occurring. Given the
potential impacts and the long-term nature of effective
planning, it is only prudent to begin preparing for these
impacts. Actions needed to meet these challenges will not be
cheap, but will cost far less than taking no action." The
author has indicated that they are considering funding
sources that may be available to assist local governments in
meeting the requirements of the bill.
4. Technical Clarifications.
A. On page 9, line 38, the word "relocation" is used to
refer to the placement and construction of "new essential
public facilities." As the author is referring to the
creation of new facilities, an amendment is needed to
change the word "relocation" to "location."
B. The term "at-risk areas" is mentioned throughout the
bill, but a definition is not provided. The
classification of an at-risk area needs to be broad and
flexible enough to be applicable across diverse cities and
counties throughout the state. In lieu of a specific
definition, the addition of language to note that "at-risk
areas" would be identified as applicable to each local
area through their particular vulnerability assessment
should be added. Therefore, an amendment is needed to add
language specifying that the vulnerability assessment will
include identification of those areas which are at risk
from climate change impacts by adding to page 9, line 4,
as noted here in italics, "(i) A vulnerability assessment
that identifies the risks that climate change poses to the
local jurisdiction and identifies the geographic areas at
risk from climate change impacts."
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Related/Prior Legislation
SB 1241 (Kehoe), Chapter 311, Statutes of 2012, further expanded
the safety element to include information on fire hazards on
land classified as state responsibility areas and very high fire
hazard severity zones.
AB 162 (Wolk), Chapter 369, Statutes of 2007, expanded the
safety element's requirements for flood management by requiring
cities and counties to add more information and policies
relating to flood hazards.
SOURCE: Author
SUPPORT:
Audubon California
California Fire Chiefs Association
California League of Conservation Voters
Climate Resolve
Coastal Environmental Rights Foundation
Environmental Action Committee of West Marin
Environment California
Local Government Commission
Little Hoover Commission
Public Health Institute's Center for Climate Change & Health
Sierra Club California
TreePeople
OPPOSITION:
California Building Industry Association
California Chamber of Commerce
ARGUMENTS IN
SUPPORT:
According to the Little Hoover Commission, based on their 2014
report, Governing California Through Climate Change, "Cities and
counties are first responders, bearing the heaviest burdens of
emergency response and recovery during disasters and disruption.
They have broad authority over land use, determining what gets
permitted and built - and where. They also have the prime
responsibility to plan, finance and build local infrastructure
such as streets, sewers and wastewater treatment plants. Many
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of California's governments have just begun to grapple with
capacity issues, conflicts and complexities that climate change
will present. All need new appropriate strategies for
adaptation and resiliency.
"The Commission recommended that governments at all levels build
climate risk assessment and adaptation into their long-range
planning and embed adaptation into local general plans and
infrastructure reviews. The inclusion of climate adaptation and
resiliency strategies into the safety element of the general
plan will stimulate better land use decisions, and enable local
officials to develop targets and response that resolve climate
adaptation issues and avoid potentially costly and unnecessary
actions. Senate Bill 379 will provide the necessary stimulus
for cities and counties to prepare and adapt to climate change."
A coalition of environmental interests states, "SB 379
represents a significant step forward in ensuring that cities
and counties are providing for the safety and protection of
their communities?".
ARGUMENTS IN
OPPOSITION:
The California Building Industry Association states, "While the
magnitude of flood and fire risk and the areas where adaptation
and resiliency measures may be necessary may be altered by
climate change, the elements of a safety response-policies for
the protection of the community from the risk of floods, sea
level rise & fire-should not be any different. However, if
there is a desire to clarify that the impacts of climate change
should be factored into these safety plans the most effective
way to do that is to include language in the existing flood and
fire sections to expressly require they reflect the latest
science and policy reflecting the impacts of climate change."
They further state that they are opposed to the bill unless it
is amended to "clarify that the 'feasibility' of various
measures must also be considered, as is the case throughout
existing law" and provide a definition in the bill of what
constitutes an at-risk area.
DOUBLE REFERRAL:
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This measure was heard in the Senate Governance and Finance
Committee on April 15, 2015, and passed out of committee with a
vote of 5-2.
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