BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 379


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          SENATE THIRD READING


          SB  
          379 (Jackson)


          As Amended  July 6, 2015


          Majority vote


          SENATE VOTE:  23-16


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Local           |8-0  |Maienschein,          |                    |
          |Government      |     |Gonzalez, Alejo,      |                    |
          |                |     |Chiu, Cooley, Gordon, |                    |
          |                |     |Holden, Linder        |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |12-5 |Gomez, Bloom, Bonta,  |Bigelow, Chang,     |
          |                |     |Calderon, Daly,       |Gallagher, Jones,   |
          |                |     |Eggman, Eduardo       |Wagner              |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Rendon, Weber, |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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                                                                     SB 379


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          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  
            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;








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                  (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, 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.










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             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;


               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  








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                 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 this  
               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)Allows cities or counties that have an adopted hazard  
            mitigation plan, or other climate adaptation plan or document  
            that substantially complies with this bill's provisions, or  
            have substantially equivalent provisions in their general  
            plans, to use that information in the safety element to comply  
            with this bill's provisions, and requires cities and counties  
            to 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 bill's provisions has been met.


          4)Requires, after the initial revision of the safety element  
            pursuant to this 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.


          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.








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          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 a)  
               above; and,


             c)   Establish a set of feasible implementation measures  
               designed to carry out the goals, policies and objectives  
               established pursuant to 3b), above.


          4)Requires, upon the next revision of the housing element on or  
            after January 1, 2014, the safety element to be reviewed and  








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            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 Assembly Appropriations  
          Committee, 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)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  
            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.









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          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  
            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  








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            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.


          4)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." 








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          5)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  
            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 (GHGs) emissions.  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  








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            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.  


          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  
            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  








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            believes that this bill should be amended to provide a  
            definition of "climate adaptation and resiliency," provide  
            funding for the new duties under the bill, and not limit  
            climate-change planning to the safety element.




          Analysis Prepared by:                                             
                          Debbie Michel / L. GOV. / (916) 319-3958  FN:  
          0001389