BILL ANALYSIS Ó SB 379 Page 1 Date of Hearing: July 1, 2015 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Brian Maienschein, Chair SB 379 (Jackson) - As Amended June 22, 2015 SENATE VOTE: 23-16 SUBJECT: Land use: general plan: safety element. SUMMARY: Requires cities and counties to update their safety elements to address climate adaptation and resiliency strategies. Specifically, this bill: 1)Requires a city or county to review and update the safety element as necessary to address climate adaptation and resiliency strategies applicable to that city or county, either upon the next revision of a local hazard mitigation plan, on or after January 1, 2017, adopted in accordance with the federal Disaster Mitigation Act of 2000, or if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022. 2)Requires the review to consider advice provided in the Office of Planning and Research's (OPR) General Plan Guidelines, and SB 379 Page 2 to include all of the following: a) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed, pursuant to provisions in the safety element that require a city or county to identify flood hazards and fire hazards; i) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to b), below, including, but not limited to, all of the following: (1) Information from the Internet-based Cal-Adapt 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, SB 379 Page 3 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, utilities, and essential public facilities; and, (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 a), above, for the protection of the community. c) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to b), above, including, but not limited to, all of the following: i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land; ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas; SB 379 Page 4 iii) The designation of adequate and feasible infrastructure in an at-risk area; iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies; and, v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. Defines "natural infrastructure" to mean the preservation or restoration of ecological processes, to increase resiliency to climate change, manage other environmental hazards, or both. States that this may include, but is not limited to, floodplain and wetlands restoration or preservation, combining levees with restored natural systems to reduce flood risk, and urban tree planting to mitigate high heat days. d) If a city or county has adopted a local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to the bill's provisions, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaption plan or document. 3)Requires, after the initial revision of the safety element pursuant to the bill's provisions, the planning agency to review, and if necessary, revise the safety element to identify new information that was not available during the SB 379 Page 5 previous revision of the safety element, upon each subsequent revision of the housing element. EXISTING LAW: 1)Requires every city and county to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise and safety. 2)Requires the general plan to include a safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure, slope instability leading to mudslides and landslides, subsidence, liquefaction, and other seismic hazards as specified, and other geologic hazards known to the legislative body, flooding, and wildland and urban fires. Requires the safety element to include mapping of known seismic and other geologic hazards and to address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items related to identified fire and geologic hazards. 3)Requires the safety element, upon the next revision of the housing element on or after January 1, 2009, to do the following: a) Identify information regarding flood hazards, as specified; b) Establish a set of comprehensive goals, policies, and objectives based on information identified pursuant to 3a), SB 379 Page 6 above; and, c) Establish a set of feasible implementation measures designed to carry out the goals, policies and objectives established pursuant to 3c), above. 4)Requires, upon the next revision of the housing element on or after January 1, 2014, the safety element to be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, and land classified as very high fire hazard severity zones. 5)Requires, after the initial revision of the safety element pursuant to 3) and 4), above, the planning agency to review, and if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element, upon each revision of the housing element. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: 1)Bill Summary. This bill requires cities and counties to include a vulnerability assessment and climate adaptation and resilience strategies in the safety elements of their general plans beginning on January 1, 2017, upon the next revision of their local hazard mitigation plan adopted per the federal Disaster Mitigation Act of 2000. If a city or county does not have an adopted local hazard mitigation plan, the city or county would be required to update the safety element before January 1, 2022. The bill requires the climate adaptation SB 379 Page 7 strategy to include a set of goals, policies and objectives for the community, and a set of feasible implementation measures designed to carry out the identified goals, policies, and objectives. This bill is an author-sponsored measure. 2)Author's Statement. According to the author, "Except for the housing element, the Planning and Zoning Law does not require counties and cities to regularly revise their general plans. Cities' and counties' major land use decisions - subdivisions, zoning, public works projects, use permits - must be consistent with their general plans. "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. An August 2013 report by California's Office of Environmental Health Hazard Assessment entitled "Indicators of Climate Change in California," tracks 36 indicators of climate change and its effects and shows that climate change is occurring throughout California, including impacts to the coast, the Central Valley and the Sierra Nevada Mountains. These impacts include decreasing spring snowmelt runoff, rising sea levels, shrinking glaciers, increasing wildfires, warming lakes and oceans, and the gradual migration of many plants and animals to higher elevations. "There are many efforts under way in California by the administration and state agencies to address climate change. For example, in July 2014, the California Natural Resources Agency, in coordination with other state agencies, updated its 2009 California Climate Adaptation Strategy, now called the "Safeguarding California Plan." This Plan is designed to provide policy guidance for state decision makers in nine specific areas. In July 2012, the Governor's Office of SB 379 Page 8 Emergency Services, the California Natural Resources Agency, and the Federal Emergency Management Agency released the "California Adaptation Planning Guide" for use by local communities to address climate change impacts. Further examples include the California Coastal Commission's recent release of its draft Sea Level Rise Policy Guidance and there is the expectation that the Governor's Office of Planning and Research will soon release revised General Plan Guidelines that will include climate adaptation. "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." 3)Background on Climate Adaptation. The 2012 California Climate Adaptation Planning Guide, prepared and promoted by the Natural Resources Agency, the Office of Emergency Services, and OPR, 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 Little Hoover Commission, an independent state oversight agency with bipartisan membership, released a 2014 report SB 379 Page 9 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." 4)Local Government Plans. Every county and city must adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. Except for housing elements, state law does not require counties and cities to regularly revise their general plans. OPR's General Plan Guidelines recommend the information that local planners should collect, suggest goals, policies, and objectives that local general plans could adopt, and list a wide range of feasible implementation measures to carry out those local goals. OPR is expected to release updated General Plan Guidelines later in 2015. The federal Disaster Mitigation Act of 2000 requires local governments to adopt comprehensive Hazard Mitigation Plans (HMPs) in order to receive additional federal funding after a disaster. HMPs must describe the type, location, and extent of all natural hazards that can affect the jurisdiction; describe the jurisdiction's vulnerability to these hazards; include a mitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses; and, contain a plan maintenance process. The plan maintenance process must include a schedule of monitoring, evaluating, and updating the mitigation plan on a five-year process for local governments to incorporate the mitigation plan into other planning mechanisms, and discuss how the community will continue public participation in the plan maintenance process. Climate action plans are another local government planning SB 379 Page 10 tool, although voluntary in nature. Climate action plans provide one way for an agency to outline the specific activities that the agency is planning to undertake to reduce greenhouse gas emissions (GHGs). In general, information is gathered by the city or county to produce a GHG inventory, and then the climate action plan builds upon that information to focus on those activities that can achieve the greatest emission reductions in the most cost effective manner. OPR recommends that climate action plans, or other similar local government policies or programs to address GHG emissions, should be developed in conjunction with a general plan update whenever possible (usually affecting the land use and circulation elements in a general plan). Other types of planning instruments related to GHG emissions reductions include the adoption of policies in the General Plan, adoption of an optional climate change or global warming element in the General Plan, Greenhouse Gas Reduction Plans, Sustainability Plans, and ordinances, which can all serve a purpose similar to that of a climate action plan. Based on OPR's Annual Planning Survey Results from 2012 (based on 2011 responses), of the 482 cities, 83 cities had already adopted some sort of climate action plan or policy, 170 cities were "in process" of doing so, and 85 cities had a climate action plan or program or policy "planned" for the future. Of the 58 counties, 12 counties had already adopted some sort of climate action plan or policy, 25 counties were "in the process" of doing so, and eight counties had a climate action plan or program "planned" for the future. 5)Policy Considerations. The Committee may wish to consider the following: a) Right Element? This bill requires updating of the safety SB 379 Page 11 element to address climate adaptation, however, there are other elements of the General Plan that might also be appropriate for such information. The Committee may wish to consider whether addressing the issues of climate change resilience and adaptation should be incorporated into other general plan elements, and whether local agencies should retain the discretion of where to place such information, as long as it is included in the general plan. b) Coordinated Approach. HMPs are required to be updated and adopted every five years under federal law, in order to qualify for federal disaster funding. In general, HMPs are reviewed and updated by emergency services staff, rather than planning staff. City and county planners generally review and update elements of the General Plan. The Committee may wish to consider how to better coordinate the updating of HMPs and the safety element, since there are different city or county staff (and sometimes outside consultants) involved in each, in order to adequately address climate adaptation and resiliency strategies. c) Local Plans. There are multiple planning documents that a city or county could use to address climate change, including optional climate change or global warming elements, hazard mitigation plans, Greenhouse Gas Reduction Plans, Sustainability Plans, or other ordinances, or even in other areas of the General Plan. Should a city or county already have an adopted plan in place that meets some or all of the requirements of the bill, the Committee may wish to consider whether the city or county could fulfill some or all of the requirements of the bill by updating the safety element to include a reference to that plan or document. The Committee may wish to consider adding in the following underlined language to the bill on page 10: SB 379 Page 12 (D) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document. Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met. d) Funding. This bill specifies that no reimbursement is necessary because local agencies have the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by the bill's provision. The Committee may wish to consider, when a city or county is revising its safety element, who that city or county can charge fees to. The League of California Cities, in their "opposition" letter, writes that this bill should be amended to "provide funding to implement the bill's stipulation, the fulfilling of which would require most communities to seek outside expertise at great expense." 6)Arguments in Support. Supporters argue that there is no requirement in law that cities and counties consider climate adaptation as part of their general plan process in planning for the future, and that this bill fills that gap by requiring them to prepare, as part of their safety elements, a vulnerability assessment that identifies what risks climate SB 379 Page 13 change poses to the local jurisdiction, adaptation and resiliency policies and objectives, and feasible implementation measures to achieve them. 7)Arguments in Opposition. The League of California Cities believes that the bill should be amended to provide a definition of "climate adaptation and resiliency," provide funding for the new duties under the bill, not limit climate-change planning to the safety element, and clarify that cities may fulfill the measure's requirements either by incorporating climate change adaptation into their General Plans, or by adopting a separate planning document, among other suggested amendments. REGISTERED SUPPORT / OPPOSITION: Support American Planning Association, California Chapter (if amended) Audubon California California Fire Chiefs Association California League of Conservation Voters California ReLeaf SB 379 Page 14 California Urban Forests Center for Climate Change & Health City and County of San Francisco Climate Resolve Coastal Environmental Rights Foundation Environment California Environmental Action Committee of West Marin Little Hoover Commission Local Government Commission San Francisco Bay Conservation and Development Commission Sierra Club California The Nature Conservancy TreePeople SB 379 Page 15 West Marin Environmental Action Committee Opposition League of California Cities Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958