BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 1294         Hearing Date:    March 29,  
          2016
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          |Author:    |Pavley                 |           |                 |
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          |Version:   |March 28, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Katharine Moore                                      |
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           Subject:  The Community Climate and Drought Resilience Program


          BACKGROUND AND EXISTING LAW
          Existing law establishes the California Conservation Corps  
          (corps) in the Natural Resources Agency as a service  
          organization providing employment and training for young men and  
          women (see Public Resources Code (PRC) §§14000 et seq.).

          The corps was created in 1976 and employs for one year young  
          adults generally between the ages of 18 - 25.  The corps offers  
          programs throughout the state and aims to, among other things,  
          provide youth with educational and training opportunities and  
          increase their understanding and appreciation of the environment  
          (PRC §14000).

          In addition to the corps, existing law provides for local  
          conservation corps (local corps) that must meet certain criteria  
          including those the corps must meet (see PRC §14406).  Existing  
          law provides for eligible local corps to be certified annually  
          to be in compliance with these criteria by the corps (PRC  
          §14507.5).

          The local corps program was established in 1993 with the purpose  
          of supporting the success of disadvantaged youth through a  
          structured program of natural resources conservation and related  
          activities.  Local corps may obtain funding from a variety of  
          sources (state funding support for local corps is included in  
          the comments). 







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          Existing law establishes the Department of Resources Recycling  
          and Recovery (CalRecycle) in the California Environmental  
          Protection Agency, and the Department of Forestry and Fire  
          Protection (CalFire) in the Natural Resources Agency.

          Existing law establishes the California Urban Forestry Act of  
          1978 (PRC §§4799.06 et seq.) to expand and improve the  
          management of trees and related vegetation in communities  
          throughout the state.  CalFire's urban forestry program leads  
          the effort to advance the development of sustainable urban and  
          community forests in California and CalFire works closely with  
          numerous groups to achieve these aims.  Existing law recognizes  
          that urban forestry projects may provide multiple benefits to  
          the community including, for example, increasing water supply,  
          promoting energy conservation, reducing greenhouse gas emissions  
          and improving public health, among others.

          According to CalRecycle, methane emissions from organic waste in  
          the state's landfills are a significant source of statewide  
          greenhouse gas emissions.  Diverting this waste stream provides  
          multiple benefits as methane emissions are avoided and the  
          compost and mulch generated from this waste is used to improve  
          soil health and save water.  Recent research, for example,  
          showed that adding a mulch layer of appropriate thickness can  
          reduce surface evaporation of water up to 40% or more compared  
          to from bare soil for the conditions studied.  The use of mulch  
          and compost has the potential to reduce urban water demand for  
          landscaping which is estimated to represent up to half of urban  
          water use.

          Existing law requires a reduction in statewide greenhouse gas  
          emissions to 1990 levels by 2020.  In addition, Executive Orders  
          S-03-05 and B-30-15 establish post-2020 greenhouse gas emissions  
          reduction targets.  The state has several strategies to reduce  
          climate-related pollution, improve air quality and maximize  
          health and economic co-benefits of addressing climate-related  
          pollution.

          The climate adaptation strategy "Safeguarding California"  
          released earlier in 2016 provides an integrated climate  
          adaptation and resiliency program.  The report highlights that  
          many effective climate adaptation strategies cross "sectoral and  
          jurisdictional boundaries" and responding to climate risks  








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          requires coordination across agencies and political boundaries.   
          Later versions of "Safeguarding California" are expected to  
          continue the emphasis on cross-sector integration and  
          complementarity of approaches to promote climate resiliency and  
          adaptation.

          Existing law requires the Department of Finance, in consultation  
          with the Air Resources Board and other state agencies, to submit  
          a triennial investment plan to the Legislature identifying  
          investments that will help the state achieve its greenhouse gas  
          emissions reduction goals while realizing additional co-benefits  
          using proceeds of the greenhouse gas emissions cap-and-trade  
          auction revenues.  The Second Investment Plan was released in  
          January 2016 and includes urban forestry and composting, among  
          other projects.

          PROPOSED LAW
          This bill would establish the Community Climate and Drought  
          Resilience Program of 2016, and direct CalFire and CalRecycle to  
          promote policies and incentives that advance helping urban and  
          rural communities adapt to climate change, improve water  
          management and drought preparedness, provide workforce training  
          to youth in disadvantaged communities, maximize carbon  
          sequestration and ensure the maintenance of associated climate  
          pollutant reduction benefits through the improvement and  
          continued management of the urban forest canopy, and the  
          development and application of compost made from organic waste  
          diverted from landfills. 

          This bill would provide specific direction to each department to  
          achieve these goals.  This bill would:
          1)Direct CalFire to review and revise, as needed, its urban  
            forestry program to 
             a)   Provide funding priority for multi-benefit carbon  
               sequestration projects such as mulching, watering or  
               pruning, and the use of on-site water capture, recycled  
               water or other local water, among others, as specified, and  

             b)   Establish local or regional targets for the urban tree  
               canopy, particularly in disadvantaged communities,  
               including, for example, forest diversity, as specified.
          2)Further direct CalFire to update its regulations, as needed,  
            and provide planning and technical assistance for eligible  
            applicants and guidance to grantees and local governments  








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            regarding best practices and metrics for urban forest health.
          3)Direct CalRecycle to develop and implement a program by July  
            1, 2017 to provide incentives for projects that use compost  
            from organic waste in farming and landscaping practices in  
            urban and rural areas that increase drought resilience and  
            provide quantifiable greenhouse gas emissions reductions, as  
            specified.  
          4)Require CalRecycle to enter into an agreement with state  
            certified conservation corps, to assist in community outreach,  
            compost delivery and application and other eligible urban  
            greening projects, and update its regulations, as needed, to  
            implement this program.

          In addition this bill would:
          1)Make appropriate and supporting legislative findings. 
          2)State legislative intent to create an innovative natural  
            resource management program that improves greenhouse gas  
            sequestration, improves drought preparedness and helps  
            communities address the effects of climate change, as  
            specified, and to provide employment opportunities for at-risk  
            youth in landscape management strategies, especially in  
            disadvantaged communities, that minimize climate impacts.
          3)Define relevant terms.

          ARGUMENTS IN SUPPORT
          According to the author, "[a]s part of his 2015 inaugural  
          address, the Governor outlined six key pillars needed to achieve  
          long term climate change inducing pollutant reductions,  
          including the reduction of short-lived climate pollutants,  
          increased carbon sequestration in the land and safeguarding  
          California by maximizing climate resilience and adaptation  
          strategies."

          "This year, the Department of Finance and the Air Resources  
          Board finalized California's latest climate investment  
          blueprint; the plan outlined a multitude of sound investment  
          opportunities for California's climate investments built on the  
          Governor's key strategies to address climate change.  The plan  
          further noted that to achieve our long term climate pollutant  
          emissions goals, the state will need to accelerate current  
          programs and projects, pursue innovative strategies across  
          sectors and maximize environmental, economic and health  
          co-benefits."









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          "SB 1294 integrates the concepts outlined in Governor Brown's  
          inaugural address and the Second Investment Plan and provides an  
          opportunity for the state to approach several key climate  
          pollution reduction strategies (trees and urban greening,  
          landscape resiliency, water conservation and efficiency, and  
          organic waste and compost) via a set of complementary and  
          innovative programs."

          ARGUMENTS IN OPPOSITION
          None received

          COMMENTS
           Double-referral  .  This bill is double-referred to both this  
          Committee and the Senate Environmental Quality Committee (Senate  
          EQ).  Elements of the bill under Senate EQ's jurisdiction, such  
          as CalRecycle and greenhouse gas and other climate pollutant  
          emissions reductions, among others, are included here for  
          completeness and context only.

           Technical amendment  .  According to the author's office, a  
          drafting error led to the inadvertent codification of all of the  
          legislative findings.  The Committee may wish to require that  
          the findings be uncodified and the remaining proposed language  
          in PRC §75300 - legislative intent language and specific  
          direction to CalRecycle and CalFire - be split into two sections  
          for clarity. [Amendment 1]

           Work-in-progress  .  This bill is a work-in-progress, and  
          Committee staff understand that further amendments are planned  
          by the author.  In view of this, the author may wish to consider  
          that the meaning of several terms, such as community greening,  
          urban greening, local conservation corps, climate-friendly, and  
          best practices may be usefully clarified; the structure of the  
          proposed CalRecycle program for the corps may also be clarified;  
          watering, pruning and other activities may not always result in  
          multi-benefit carbon sequestration; which program CalFire shall  
          provide technical assistance to eligible applicants for; and the  
          considerable overlap between existing urban forestry program  
          language and the findings reported here, among others.   
          Additionally, no funding source is provided for the activities  
          required by the bill and it may be that funding from certain  
          sources will require further clarification in the proposed  
          program language. Should the bill pass this Committee today, the  
          Committee may wish to direct staff to continue providing  








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          assistance to the author's office.

           Consistent with the Administration's climate plans  .  Both  
          composting of organic waste and resources for urban forestry are  
          identified as multi-benefit climate adaptation strategies in the  
          "Safeguarding California" report and have received funding in  
          the past.  The bill's specific direction on urban forestry, for  
          example, includes policies, such as encouraging urban tree  
          canopy goals, among those specified in "Safeguarding  
          California."  However, due to the cross-sectoral nature of these  
          programs, not all of the state entities with jurisdiction or  
          potential jurisdiction over portions of the urban forestry or  
          composting programs are included in the bill.

           The local corps' mission is consistent with the goals of the  
          CalFire and CalRecycle programs affected by this bill  .  In fact,  
          the FY 2014/2015 urban forestry grants for projects included  
          three to local corps.  Five projects funded through a recent  
          CalRecycle organic composting grant project did not include any  
          awards to local corps. CalRecycle has a Budget Change Proposal  
          pending in the current budget cycle for $100 million of  
          cap-and-trade auction revenues which are proposed to be largely  
          spent on organic waste recycling grants, among other categories.

           The current CalFire draft grant guidelines  .  In the CalFire  
          Urban and Community Forestry FY 2016/2017 draft California  
          Climate Investment Grant Guidelines, eligible projects must  
          demonstrate that they will achieve and maintain a net reduction  
          in greenhouse gas emissions and, if no immediate greenhouse gas  
          emissions reduction benefit is achieved, must be sustained until  
          a net greenhouse gas emissions reduction benefit is realized and  
          maintained for 10 years thereafter.  Draft guidelines encourage  
          potential grantees to work with CalFire in developing their  
          proposals.

           CalRecycle's support for local corps  . CalRecycle supported the  
          purposes of the local corps at the state level in part through  
          community recycling services and litter abatement projects.  The  
          CalRecycle grant program supporting the local corps recently  
          diversified from dependence solely upon the Beverage Container  
          Recycling Fund.  According to CalRecycle, local corps receive  
          entitlement funding from four special funds administered by  
          CalRecycle and over $20 million was appropriated in the FY 2015  
          - 2016 budget for this purpose.  Funding is distributed evenly  








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          among all 13 certified local corps and these corps must engage  
          in activities related to the source of the funding.

           Benefits to public health from urban forestry programs  .  There  
          are public health and environmental benefits associated with  
          reducing heat stress in communities.  In addition to poorer  
          public health, urban heat islands can result in increased use of  
          energy with an associated potential degradation in air quality  
          and increase in greenhouse gas emissions.  Urban forest canopies  
          have been shown to help reduce temperatures and the resulting  
          impacts.  Planting and maintaining urban forest canopy has the  
          potential to be a cost-effective method of reducing the urban  
          heat island effect and directly and indirectly reducing climate  
          pollutant emissions.

           Recent related legislation
           AB 2722 (Burke, 2016) would establish the Transformative Climate  
          Communities Program to promote a coordinated and integrated  
          approach to climate pollutant reduction strategies (before the  
          Assembly Natural Resources Committee).

          SB 367 (Wolk, 2015) would authorize the Department of Food and  
          Agriculture's environmental farming program to provide  
          incentives and other assistance for farmers whose practices  
          promote the well-being of ecosystems, have caused the  
          establishment of a grant program to promote land practices that  
          sequester carbon, and appropriated Greenhouse Gas Reduction  
          Funds to this end (held in the Assembly Appropriations Committee  
          Suspense file).

          SB 760 (Mendoza, 2015) would have established a program to  
          provide grants to disadvantaged communities for community  
          enhancements providing multi-benefit environmental benefits (the  
          bill was subsequently amended to a different topic).

          AB 1045 (Irwin, c. 596, Statutes of 2015) requires the  
          development and implementation of policies to divert organic  
          waste from landfills and promote composting and the use of the  
          compost.

          AB 876 (McCarty, c. 593, Statutes of 2015) requires enhanced  
          reporting of compostable organic materials.

          AB 761 (Levine, 2015) would require the Department of Food and  








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          Agriculture to establish a program to provide grants for  
          voluntary projects to promote carbon sequestration on working  
          lands (held in the Senate Appropriations Committee Suspense  
          file).

          AB 1023 (Eggman, 2013) would have created a program for industry  
          including incentives to promote composting and other waste  
          diversion to reduce greenhouse gas emissions (held in the  
          Assembly Appropriations Committee Suspense file).

          AB 921 (Allen, 2011) would have addressed the use of compost in  
          agriculture to reduce water use and its potential climate  
          benefits (held in the Assembly Appropriations Committee Suspense  
          file).



          SUGGESTED AMENDMENTS 
          
          AMENDMENT 1
               Revise PRC §75300 (Section 1) to separate the legislative  
               findings into an uncodified section and retain subdivisions  
               (b) and (c) in separate codified sections.
          
          SUPPORT
          TreePeople (sponsor)
          California Association of Local Conservation Corps
          California League of Conservation Voters
          Clean Water Action
          Climate Resolve
          From Lot To Spot, Inc.
          Los Angeles Beautification Team 
          Sierra Club California
          The Trust for Public Land
          1 Individual

          OPPOSITION
          None Received

          
                                      -- END --
          










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