Amended in Senate April 4, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1294

Introduced by Senator Pavley

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(Coauthor: Senator Hertzberg)

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February 19, 2016

An act to add Division 45 (commencing with Section 75300) to the Public Resources Code, relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1294, as amended, Pavley. The Community Climate and Drought Resilience Program of 2016.

Existing law authorizes the Department of Forestry and Fire Protection (CalFire) to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multibenefit projects by assisting urban areas with innovative solutions to problems, including greenhouse gas emissions, public health impacts of poor air and water quality, urban heat island effect, stormwater management, water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance. Existing law authorizes the Department of Resources Recycling and Recovery (CalRecycle) to develop a program to increase the use of compost products in agricultural applications.

This bill would enact the Community Climate and Drought Resilience Program of 2016 and would require CalFire to review the urban forestry program and, if necessary, revise the program to provide funding priority to multibenefit carbon sequestration projects and to establish local or regional targets for urban tree canopy. The bill would require CalRecycle, by July 1, 2017, to develop and implement a program that provides incentives for certain projects that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) California has been a global leader in reducing the emissions
of greenhouse gases through the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500) of Health and Safety Code) and the Governor’s Executive
orders S-3-05 and B-30-15.

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(b) The state has developed a comprehensive climate adaptation
strategy document titled “Safeguarding California: Implementation
Action Plans” and has established the Integrated Climate
Adaptation and Resiliency Program to further coordinate local
and regional efforts with the state climate adaptation strategies.

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(c) The state’s existing investment in natural infrastructure,
including urban forest canopy, which helps accomplish both carbon
sequestration and climate resilience, is at risk due to existing
drought conditions.

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(d) The drought has heightened awareness and underscored
the importance of sustainable water management.

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(e) Improved water retention and infiltration can greatly reduce
reliance on potentially energy-intensive long-distance water
imports and thereby reduce emissions of greenhouse gases.

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(f) Through carbon sequestration, the protection and
management of natural and working lands and organic waste
diversion are both integral to accomplishing the state’s policy to
reduce greenhouse gas levels.

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(g) The state has recently developed a strategy to dramatically
increase the diversion of organic waste from landfills, with the
organic waste being used to create compost and mulch.

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(h) Composting and use of organic waste in improved landscape
and healthy soil management have great potential to be cost
effective at reducing greenhouse gas levels through improved
carbon soil sequestration and may also greatly improve water
retention and infiltration of stormwater flows.

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(i) Composting may also provide important environmental and
agricultural cobenefits, including reduction of naturally occurring
volatile organic compounds and ammonia, and may help the state
address agriculture, dairy, and forestry waste in a proper and
environmentally responsible manner.

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Division 45 (commencing with Section 75300) is added
to the Public Resources Code, to read:

 

Division 45.  Community Climate and Drought
Resilience Program of 2016

 

Chapter  1. General Provisions and Definitions

 

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75300.  

(a) The Legislature finds and declares all of the
following:

(1) California has been a global leader in reducing the emissions
of greenhouse gases through the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section
38500) of Health and Safety Code) and the Governor’s Executive
Orders S-03-05 and B-30-15.

(2) The state has developed a comprehensive climate adaptation
strategy document titled “Safeguarding California” and has
established the integrated Climate Adaptation and Resiliency
Program to further coordinate local and regional efforts with the
state climate adaptation strategies.

(3) The state’s existing investment in natural infrastructure,
including urban forest canopy, which helps accomplish both carbon
sequestration and climate resilience, is at risk due to existing
drought conditions.

(4) The drought has heightened awareness and underscored the
importance of sustainable water management.

(5) Improved water retention and infiltration can greatly reduce
reliance on potentially energy-intensive long-distance water
imports, and thereby reduce emissions of greenhouse gases.

(6) Through carbon sequestration, the protection and
management of natural and working lands and organic waste
diversion are both integral to accomplishing the state’s policy to
reduce greenhouse gas levels.

(7) The state has recently developed a strategy to dramatically
increase the diversion of organic waste from landfills, with the
organic waste being used to create compost and mulch.

(8) Composting and use of organic waste in improved landscape
and healthy soil management has great potential to be cost effective
at reducing greenhouse gas levels through improved carbon soil
sequestration, and may also greatly improve water retention and
infiltration of stormwater flows.

(9) Composting may also provide important environmental and
agricultural cobenefits, such as reduction of naturally occurring
volatile organic compounds and ammonia, and may help the state
address agriculture, dairy, and forestry waste in a proper and
environmentally responsible manner.

(b) 

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begin insert 75300. end insert   

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In enacting this division, it is the intent of the
Legislature to do both of the following:

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(1)

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begin insert (a) end insert  Establish an innovative natural resource management
program that improves carbon sequestration, improves drought
preparedness, and helps California communities address the effects
of climate change through increased urban forest canopy, carbon
soil sequestration, multibenefit stormwater management, organic
waste diversion, and community greening.

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(2)

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begin insert (b) end insert  Enable opportunities for employment of California’s at-risk
youth in climate-friendly landscape management strategies,
especially in disadvantaged communities.

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(c) 

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begin insert 75301. end insert   

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The Department of Forestry and Fire Protection and
the Department of Resources Recycling and Recovery, in
implementing this division, shall promote policies and incentives
that advance all of the following:

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(1)

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begin insert (a) end insert  Help urban and rural communities adapt to the effects of
climate change.

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(2)

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begin insert (b) end insert  Improve water management and drought preparedness.

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(3)

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begin insert (c) end insert  Provide workforce training to young men and women in
disadvantaged communities.

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(4)

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begin insert (d) end insert  Maximize carbon sequestration and ensure the associated
greenhouse gas reduction benefits are maintained through both of
the following:

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(A)

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begin insert (1) end insert  Improvement and continued management of urban forest
canopy and carbon soil sequestration.

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(B)

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begin insert (2) end insert  Development and application of compost made from organic
waste that is diverted from landfills.

75305.  

For purposes of this division, the following definitions
apply:

(a) “CalFire” means the Department of Forestry and Fire
Protection.

(b) “CalRecycle” means the Department of Resources Recycling
and Recovery.

(c) “Disadvantaged communities” means communities identified
pursuant to Section 39711 of the Health and Safety Code.

 

Chapter  2. Urban Forestry

 

75310.  

(a) CalFire shall review the urban forestry program
implemented pursuant to the California Urban Forestry Act of
1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5
of Division 4), and revise the program, if necessary, to do both of
the following:

(1) Provide funding priority to multibenefit carbon sequestration
projects. Eligible project categories shall include, but are not
limited to, all of the following:

(A) Mulching, watering, or pruning.

(B) The use of onsite water capture, recycled water, and other
local water sources.

(C) Emergency drought response measures that reduce tree
mortality, ensure optimal tree health, and preserve the carbon
sequestration and climate resilience benefits of the urban forest.

(2) Establish local or regional targets for urban tree canopy,
especially in disadvantaged communities that tend to be most
vulnerable to urban heat island effect. These targets shall include
urban forest diversity, tree species’ adaptability to anticipated
climate change impacts, and other relevant factors.

(b) CalFire shall develop or update its regulations, as necessary,
to implement the requirements of the chapter and shall provide
both of the following:

(1) Planning and technical assistance for eligible applicants
assisting disadvantaged communities.

(2) Guidance to grantees and local governments regarding best
practices and metrics for maintaining urban forest health.

 

Chapter  3. The Use of Compost in Farming and
Landscaping Practices

 

75320.  

(a) By July 1, 2017, CalRecycle, in consultation with
relevant state agencies, shall develop and implement a program
that provides incentives for the use of compost from organic waste
in farming and landscaping practices that increase drought
resilience and result in quantifiable reductions in the emissions of
greenhouse gases through increased carbon sequestration in urban
and rural areas.

(b) In implementing this program, CalRecycle shall enter into
an agreement with state-certified conservation corps to assist
community outreach, compost delivery and application, and other
urban greening projects that are eligible under the program.

(c) CalRecycle shall develop and update regulations for the
implementation of this chapter.