BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 27, 2016


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          SB  
          1386 (Wolk) - As Amended May 2, 2016


          SENATE VOTE:  26-7


          SUBJECT:  Resource conservation:  working and natural lands


          SUMMARY:  Declares it to be the policy of the state that the  
          protection and management of natural and working lands is a key  
          strategy in meeting the state's greenhouse gas (GHG) reduction  
          goals.



          EXISTING LAW:   


          1)Requires, pursuant to the California Global Warming Solutions  
            Act [AB 32 (Núñez), Chapter 488, Statutes of 2006], the Air  
            Resources Board (ARB) to adopt a statewide GHG emissions limit  
            equivalent to 1990 levels by 2020 and to adopt rules and  
            regulations to achieve maximum technologically feasible and  
            cost-effective GHG emission reductions.


          2)Pursuant to Executive Order S-13-08 (Schwarzenegger), requires  
            Natural Resources Agency (NRA), through the Climate Action  








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            Team, to coordinate with local, regional, state, federal, and  
            private entities to develop, by 2009, a state Climate  
            Adaptation Strategy.  Requires the strategy to summarize the  
            best known science on climate change impacts to California,  
            assess California's vulnerability to the identified impacts,  
            and outline solutions that can be implemented within and  
            across state agencies to promote resiliency. 


          3)Pursuant to Executive Order B-30-15 (Brown), in addition to  
            establishing a 40% GHG emission reduction goal by 2030,  
            requires several actions on adaptation including:

             a)   Requires NRA to update the state's climate adaptation  
               strategy every three years and ensure that its provisions  
               are fully implemented.  Requires the state's climate  
               adaptation strategy to:

               i)     Identify vulnerabilities to climate change by sector  
                 and regions, including, at a minimum, the following  
                 sectors:  water, energy, transportation, public health,  
                 agriculture, emergency services, forestry, biodiversity  
                 and habitat, and ocean and coastal resources;

               ii)    Outline primary risks to residents, property,  
                 communities, and natural systems from these  
                 vulnerabilities, and identify priority actions needed to  
                 reduce these risks; and,



               iii)   Identify a lead agency or group of agencies to lead  
                 adaptation efforts in each sector.



             b)   Requires each sector lead to prepare an implementation  
               plan by September 2015 to outline the actions that will be  
               taken as identified in state's climate adaptation strategy,  








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               and report back on those actions to the NRA.

             c)   Requires state agencies to take climate change into  
               account in their planning and investment decisions, and  
               employ full life-cycle cost accounting to evaluate and  
               compare infrastructure investments and alternatives. 



             d)   Requires state agencies' planning and investment to be  
               guided by the principles of climate preparedness,  
               flexibility and adaptive approaches for uncertain climate  
               impacts, protective of vulnerable populations, and  
               prioritization of natural infrastructure solutions. 


              
             e)   Requires the state's Five-Year Infrastructure Plan to  
               take current and future climate change impacts into account  
               in all infrastructure projects.



             f)   Requires Office of Planning and Research (OPR) to  
               establish a technical, advisory group to help state  
               agencies incorporate climate change impacts into planning  
               and investment decisions.



             g)   Requires the state to continue its rigorous climate  
               change research program focused on understanding the  
               impacts of climate change and how best to prepare and adapt  
               to such impacts.


          4)Requires the NRA to update its climate adaptation strategy,  
            the Safeguarding California Plan (Plan), by July 1, 2017, and  
            every three years thereafter, by coordinating adaption  








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            activities among lead state agencies in each sector.  


          THIS BILL:


          1)Declares it to be the policy of the state that the protection  
            and management of natural and working lands, as defined, is a  
            key strategy in meeting the state's GHG reduction goals.



          2)Requires all relevant state agencies, departments, boards, and  
            commissions to consider this policy when revising, adopting,  
            or establishing policies, regulations, expenditures, or grant  
            criteria relating to the protection and management of natural  
            and working lands.

          3)Defines "working lands" to mean lands used for farming,  
            grazing, or forest production purposes.





          4)Defines "natural lands" to means lands consisting of wetlands,  
            watersheds, wildlands, wildlife habitat, or used for  
            recreational purposes.



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, minor and absorbable costs to impacted state  
          entities.


          COMMENTS: 










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          1)Author's statement:


          The conservation and management of natural and working  
          lands is a key strategy in California's ongoing efforts to  
          meet its climate change goals given these sectors'  
          significant potential for removing carbon from the air and  
          storing-or sequestering-that carbon in above and  
          below-ground matter.  Other strategies include reducing  
          petroleum use in cars and trucks by up to 50 percent and  
          reducing short-lived climate pollutants.  The California  
          Department of Forestry and Fire Protection, California  
          Department of Fish and Wildlife, California Department of  
          Food and Agriculture, California Strategic Growth Council,  
          and other state bodies have programs in place to undertake  
          carbon sequestration on natural and working lands using  
          GGRF dollars. 





          However, despite the enormous sequestration potential, the  
          protection and management of natural and working lands is  
          not codified as a state policy that would last beyond this  
          Administration.  Moreover, programs that oversee projects  
          involving the management of natural and working lands to  
          reduce carbon emissions struggle to receive appropriations  
          and attention.





          This bill would codify as state policy California's  
          strategy to protect and manage natural and working lands as  
          a key part of the effort to achieve our climate change  
          goals.  









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          In doing so, SB 1386 will better enable agencies to  
          prioritize the conservation and management of natural and  
          working lands to maximize their carbon sequestration value,  
          including promoting carbon sequestration projects,  
          furthering California's efforts to reduce greenhouse gas  
          emissions and providing important additional public  
          benefits such as the protection and enhancement of wildlife  
          habitat, parks and open space; recreational and economic  
          opportunities; production of food and fiber; improvement of  
          air and water quality; and flood protection.


          2)Natural and Working Lands.  Three-quarters of California's  
            landmass is comprised of biologically diverse landscapes such  
            as forests, woodlands, shrublands, grasslands and wetlands.   
            These lands can be a major source of sequestration through  
            capturing carbon in soils, plants, and trees.  They can also  
            be a source of GHG emissions when drought, disease, wildfires,  
            soil disturbances, conversion, and harvests occur.  Through  
            preservation and management, natural and working lands can  
            provide significant GHG reductions. Natural and working lands  
            are also susceptible to climate change impacts of sea level  
            rise, drought, and increased temperatures.    


            ARB has recognized the importance of natural and working lands  
            in meeting the state's GHG reduction targets.  In the 2013  
            Scoping Plan update, ARB included a sector on natural and  
            working lands and a sector on agriculture.  These sectors lay  
            out opportunities and challenges for reducing GHG emissions in  
            those sectors.  The Scoping Plan also put forth recommended  
            actions including the development of the Forest Climate Plan.   
            The Scoping Plan update identifies funding as critical to  
            address the needs in the natural and working lands sector. 









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            Listed below are the GGRF funding that these sectors have  
            received to date:


             a)   Agricultural Energy and Operational Efficiency,  
               Department of Food and Agriculture (CDFA), $75 million;


             b)   Water-Energy Efficiency, Department of Water Resources  
               (DWR), $75 million;


             c)   Wetlands and Watershed Restoration, Department of Fish  
               and Wildlife (DFW), $27 million;


             d)   Urban Forestry, Forest Health Restoration, and  
               Reforestation, Department of Forestry and Fire Protection  
               (CAL FIRE), $42 million; and,


             e)   Waste Diversion, Department of Resources Recycling and  
               Recovery (CalRecycle), $31 million.


            AB 1482 (Gordon), Chapter 603, Statutes of 2015, requires  
            state agencies to maximize, where applicable and feasible,  
            objectives that included promoting the use of natural systems,  
            natural infrastructure, flood plain and wetlands restoration  
            or preservation, urban greening, wildlife corridors, and  
            healthy soils and sustainable agriculture to deal with climate  
            change impacts and adaptation.  However, much needs to be done  
            to properly manage our natural and working lands to meet our  
            GHG goals and adapt to climate impacts. 


          3)This bill.  In Governor Brown's 2015 inaugural address, he  
            noted that the management of natural and working land was one  








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            of his key strategies to reduce GHG emissions to meet the  
            state's GHG reduction goals.  This bill puts that policy into  
            statute and directs all relevant state agencies to consider  
            that policy when doing regulations, policy, or funding  
            projects.  By doing this, the author and sponsor hope to  
            increase the priority and funding of this policy at the  
            relevant state agencies.  The author and committee may wish to  
            consider amending the bill to require all state agencies not  
            just the relevant one to consider these polices and to also  
            consider the co-benefit the protection and management of  
            natural and working lands provide. The author and committee  
            may also wish to consider amending the bill further defining  
            natural lands and add coauthors.     


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Defenders of Wildlife (sponsor)


          Audubon California


          California Central Valley Flood Control Association


          California Climate & Agriculture Network


          California ReLeaf


          California State Parks Foundation








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          California Tahoe Alliance


          Carbon Cycle Institute


          Community Alliance with Family Farmers


          Contra Costa County Board of Supervisors


          East Bay Regional Park District
          Endangered Habitats League


          Environment California


          Greenbelt Alliance


          Institute for Ecological Health


          Lutheran Office of Public Policy - California


          Mono Lake Committee


          Mountain Recreation & Conservation Authority


          Ocean Conservancy










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          Pacific Forest Trust


          San Bernardino Valley Water Conservation District


          Santa Clara Valley Open Space Authority


          Save the Redwoods League


          Sierra Business Council


          Sierra Climate Adaptation and Mitigation Partnership


          Sierra Club California


          Sierra Foothill Conservancy


          The Nature Conservancy


          The Trust for Public Land


          Yolo County Board of Supervisors




          Opposition


          California Apartment Association








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          California Building Industry Association


          California Business Properties Association




          Analysis Prepared by:Michael Jarred / NAT. RES. / (916)  
          319-2092