BILL ANALYSIS Ó
SB 379
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 379
(Jackson) - As Amended July 6, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill requires cities and counties to review and update
their general plans' safety elements to address risks posed by
climate change. Specifically, this bill:
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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
Governor's Office of Planning and Research's (OPR) General
Plan Guidelines, and 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
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.
d) An attachment of, or reference to, the local hazard
mitigation plan or other climate adaption plan or document,
if the city or county has adopted one separate from the
general plan. Allows a city or county to incorporate by
reference into the safety element, any such plan that
substantially complies with the requirements of this bill.
3)Requires, after the initial revision of the safety element
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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
previous revision of the safety element, upon each subsequent
revision of the housing element.
FISCAL EFFECT:
Negligible state cost. Local agencies have the authority to
charge fees to pay for the required updates, therefore, local
mandate costs are not reimbursable.
COMMENTS:
1)Purpose. This bill will require that cities and counties
consider climate adaptation in their general plans. According
to the author, "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."
2)Background. The author states, "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
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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."
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 that will include climate adaptation.
In addition, there are other planning documents that a city or
county can use to address climate change impacts, including
the California Adaptation Planning Guide, optional climate
change or global warming elements, hazard mitigation plans,
Greenhouse Gas Reduction Plans, and Sustainability Plans.
Based on OPR's Annual Planning Survey Results from 2012, of
the 482 cities, 83 cities had adopted some type of climate
action plan or policy, 170 cities were "in process" of doing
so, and 85 cities had something "planned" for the future. Of
the 58 counties, 12 counties had adopted some type of climate
action plan or policy, 25 counties were "in process" of doing
so, and eight counties had a climate action plan or program
"planned" for the future.
1)Prior Legislation
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a) 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.
b) 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.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081