BILL ANALYSIS
AB 2329
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 2329
AUTHOR: Ruskin
AMENDED: June 21, 2010
FISCAL: Yes HEARING DATE: June 28, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : CLIMATE ACTION TEAM
SUMMARY :
Existing law :
1) Under the California Global Warming Solutions Act of 2006
(CGWSA), requires the California Air Resources Board (ARB)
to determine the 1990 statewide greenhouse gas (GHG)
emissions level and approve a statewide GHG emissions limit
that is equivalent to that level, to be achieved by 2020.
The ARB must adopt regulations requiring reporting and
verification of GHG emissions and to monitor and enforce
compliance with the program, and must adopt rules and
regulations to achieve GHG emission reductions from sources
or categories of sources, subject to certain requirements.
(Health and Safety Code 38500 et seq.). The CGWSA
provides legislative intent that the Climate Action Team
(CAT), established by the Governor to coordinate efforts
set forth under Executive Order S-3-05, continue its role
in coordinating overall climate policy (38501(i)).
2) Requires each state agency to annually prepare and submit
certain GHG-related information to the Secretary for
Environmental Protection, and provides definitions for
certain terms. (Government Code 12890 et seq.).
This bill :
1) Enacts the State Climate Change Action Team Act of 2010
that:
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a) Establishes the CAT, chaired by the Secretary of
Environmental Protection, to coordinate oversight of
state agency efforts to meet the GHG reduction targets
set under the CGWSA, and to consist of 12 members
representing certain entities (e.g., Natural Resources
Agency, California Air Resources Board Chairperson,
State Energy Resources Conservation and Development
Chairperson). Multiagency staff working groups may be
formed by the CAT to provide technical support for work
in various sectors (e.g., agriculture, forestry,
energy).
b) Requires the CAT, under direction of the Secretary
for Environmental Protection, to coordinate state
climate policy to achieve certain goals (e.g., maximum
feasible and cost-effective reduction of GHG emissions
through implementation by the ARB, development and
implementation of mitigation and adaptation plans).
c) Requires the CAT, under direction of the Secretary
for Environmental Protection, to identify and review
activities, funding programs, and revenue of state
agencies that may be coordinated to meet the above
goals; recommend policies, investment strategies, and
priorities to meet those goals; and provide information
to local governments and regional activities that will
assist in also addressing the goals.
d) Authorizes each CAT member to appoint an alternate or
designee to attend CAT meetings or hearings. The CAT
must hold duly noticed public meetings and workshops to
solicit public comments prior to recommending policies,
investment strategies, and priorities. Meetings must be
held in accordance with the Bagley-Keene Open Meetings
Act.
2) Enacts the California Climate Vulnerability and Adaptation
Plan of 2010 that:
a) Requires the Natural Resources Agency, on or before
June 1, 2012, to prepare and submit to the governor a
statewide California Climate Vulnerability and
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Adaptation Plan in coordination with other state
agencies.
b) Requires the plan to include the scope, elements, and
policy recommendations from the 2009 California Climate
Adaptation Strategy developed and adopted by the Natural
Resources Agency pursuant to EO S-13-08, and "include
other refinements to those recommendations." The plan
must also assess progress on strategies identified in
the 2009 plan, and identify and prioritize needed
research, policies, planning, best management practices,
and other actions for the state to continue to adapt to
climate change impacts.
c) Requires the plan to be based on best available
science, and identify strategies that protect, conserve,
restore, utilize, enhance, or mimic natural processes
and functions.
d) Requires the Natural Resources Agency to review and
revise the plan every three years in coordination with
other state agencies and departments.
e) Requires the plan to serve as the state's climate
change adaptation planning document required by any
federal law that makes federal funding contingent on the
plan.
f) Requires the Natural Resources Agency to receive
federal funding for certain planning purposes, and to
conduct research on ongoing and expected impacts of
climate change to natural resources.
COMMENTS :
1) Purpose of Bill . According to the author, "Effective
coordination of existing programs and funding by the state
is required to help the state meet its robust greenhouse
gas emission targets. In addition to greenhouse gas
emissions reductions, the state must strategically plan to
adapt to unavoidable climate change impacts."
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The author notes that "In the absence of AB 2329, there is
nothing in law that requires the state's climate change
policy activities to be coordinated across state agencies.
Furthermore, the state is not required to develop plans and
strategies to address climate change impacts, which are
projected to cost the state hundreds of billions of
dollars. AB 2329 ensures that the state has multi-sector
climate policy coordination and a plan to address climate
change impacts."
2) Addressing climate change . Climate change refers to
long-term changes in temperature, precipitation, wind
patterns and other parts of earth's climate system. The
Intergovernmental Panel on Climate Change (IPCC) defines
climate change as "any change in climate over time, whether
due to natural variability or as a result of human
activity." For some time, scientific research increasingly
attributes these climate changes to GHGs, especially those
generated from use of fossil fuels. Scientists indicate
that the earth is warming faster than any time in the
previous 1,000 years, and the 10 warmest years of the last
century occurred in the last 15 years. A rise in
temperature accompanied by climate change affects how
organisms live, adapt, and survive.
AB 4420 (Sher) Chapter 1506, Statutes of 1988, required the
State Energy Resources Conservation and Development
Commission (CEC), in consultation with certain entities, to
conduct a study and report to the Legislature and the
Governor by June 1, 1990, on how climate change may affect
the state's energy supply and demand, economy, environment,
agriculture, and water supplies. The study also required
recommendations for avoiding, reducing, and addressing
related impacts - and required the CEC to coordinate the
study and any research with federal, state, academic, and
industry research projects.
AB 4420 led to two reports: "The Impacts of Global Warming on
California" (1989) and "Climate Change Potential Impacts
and Policy Recommendations" (1991). According to the
state's Climate Action Team, "The political discussion
generated from these reports helped pave the way for
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implementation of policies to address climate change."
SB 1771 (Sher) Chapter 1018, Statutes of 2000, required the
Secretary of the Resources Agency to establish the
California Climate Change Registry. SB 1771 also required
the CEC, in consultation with certain entities, to update
the GHG emissions inventory and to develop data and
information on climate change - and to provide certain
entities and interest groups with information on the costs,
technical feasibility, and demonstrated effectiveness of
methods for reducing or mitigating production of GHGs from
in-state sources. SB 1771 required the inventory to be
updated every five years. SB 527 (Sher) Chapter 769,
Statutes of 2001, revised certain California Climate Change
Registry responsibilities.
Governor Schwarzenegger issued Executive Order (EO) S-3-05
June 1, 2005, to establish emission reduction targets for
the state, require the Secretary for Environmental
Protection to coordinate oversight efforts with certain
other entities to meet the targets, and set various
reporting requirements.
AB 32 (Nunez/Pavley) Chapter 488, Statutes of 2006, requires
the ARB to determine the 1990 statewide greenhouse gas
(GHG) emissions level and approve a statewide GHG emissions
limit that is equivalent to that level, to be achieved by
2020 - and sets related requirements (see Summary above).
In implementing AB 32, ARB adopted the first list of early
action measures June 21, 2007, and adopted an augmented
list of early action measures October 25, 2007. Mandatory
reporting regulations for GHGs were adopted and the 2020
GHG emissions target were set December 6, 2007. The
Scoping Plan was adopted December 12, 2008, and ARB
rulemaking continues in 2009 and 2010. First early action
measures take effect January 1, 2010, major GHG reduction
rulemaking concludes January 1, 2011, with rules taking
effect January 1, 2012.
3) Climate Action Team . EO S-20-06 indicates that the
Secretary created the CAT in June 2005 in order to achieve
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the climate change emission reduction targets, and directs
the Secretary to work with the CAT, and coordinate with the
ARB in ongoing efforts to implement GHG policies of the
CGWSA. EO S-13-08 requires the California Resources
Agency, through the Climate Action Team, to coordinate with
local, regional, state, and federal entities to develop a
Climate Adaptation Strategy by June 30, 2009.
The Legislature provided intent under the CGWSA for the CAT,
established by the Governor to coordinate efforts set forth
under EO S-3-05, to continue its role in coordinating
overall climate policy. AB 2329 seeks to codify certain
CAT responsibilities.
4) Costs of inaction . Delays in acting on climate change
matters are expected to result in costs. According to the
"2009 California Climate Adaptation Strategy" by the
California Natural Resources Agency in response to
Executive Order S-13-2008, "If the state were to take no
action to reduce or minimize expected impacts from future
climate change, the costs could be severe. A 2008 report
by the University of California, Berkeley and the
non-profit organization Next 10 estimates that if no such
action is taken in California, damages across sectors would
result in 'tens of billions of dollars per year in direct
costs' and 'expose trillions of dollars of assets to
collateral risk.' More specifically, the report suggests
that of the state's $4 trillion in real estate assets '$2.5
trillion is at risk from extreme weather events, sea level
rise, and wildfires' with a projected annual price tag of
up to $3.9 billion over this century depending on climate
scenarios."
5) Trying again . SB 721 (Perata) of 2009, which died on the
Senate Appropriations Committee suspense file, also
established the CAT and included related provisions. SB
721, in turn, is similar to SB 1760 (Perata) of 2008, which
was vetoed. According to the Governor's veto message:
"This bill would codify the Climate Action Team (CAT)
originally established by Executive Order S-3-05. The bill
also directs CAT, beginning January 1, 2010, to prepare an
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annual strategic research, development, and demonstration
plan and adopt a biennial climate change impact adaptation
and protection plan.
The CAT, under leadership from the Secretary of the California
Environmental Protection Agency (EPA), has successfully
coordinated the climate change activities of state agencies
for three years.
As we move forward, they will continue to play a greater role
in the implementation of AB 32, the California Global
Warming Solutions Act of 2006. That should be their main
focus and to the extent that coordinating research falls
within their responsibility, they should do so. But,
placing this responsibility exclusively within CAT's
jurisdiction is not appropriate at this time."
6) Opposition and support concerns . Opponents believe that
placing coordination roles "in statute severely limits the
flexibility and usefulness of these arrangements in the
future. A better approach would be to rely on an existing
legislative committee to keep abreast of agency actions,
hosting informational hearings and passing specific
legislation to reorganize government if necessary to align
staff and leadership around important state issues."
Opponents further note that "It can be a confusing and
costly process for stakeholders to participate in an
umbrella 'organization' and the Governor and Legislature
should not create such bodies without a real need and a
relevant purpose. The existing [CAT] should be retired
when it no longer serves a purpose, not permanently
established in statute."
According to the Coalition for Clean Air, in supporting AB
2329, "In order to meet the statewide [GHG] emissions
standards promulgated by the [CGWSA], a tremendous
collaborative, multi-stakeholder effort is needed. AB 2329
seeks to promote this effort by codifying the [CAT]
consisting of representatives from a broad range of state
agencies whose expertise and knowledge will greatly benefit
our efforts to successfully address climate change. The
extent of potential impacts associated with global climate
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change, coupled with the highly technical nature of the
problem, make policy coordination absolutely crucial . . .
Clearly, an integrated multi-agency, bi-partisan effort is
needed for California to successfully address climate
change."
7) Clarification needed . Clarification is needed under the
State Climate Change Action Team Act of 2010 to: a) refer
to "requirements" rather than "goals" in various
provisions; b) describe recommendation, coordination, and
oversight responsibilities for state agency climate change
activities; and c) provide recommendations to legislative
committees.
Clarification is needed under the California Climate
Vulnerability and Adaptation Plan of 2010 provisions to:
a) require the agency, rather than the plan, to update the
referenced website (38601(f)); b) strike "partner" on page
4, line 14, and provide for guidelines to coordinate
adaptation activities (38601(g)); c) strike 38601(h)
since the plan may not serve as the adaptation planning
document required by any federal law if the plan is
inconsistent with federal law; d) authorize, rather than
require, receipt of federal and state funds (38601(i)); e)
define "statewide planning" and "statewide plan"
(38601(i)(1)); f) identify the Natural Resources Agency's
role in implementing any plan (38601(i)(1)); g) replace
"our natural resources" with "the state's natural
resources" and provide examples of those resources
(38601(i)(2)); and h) provide for public hearings and
comments on the plan.
SOURCE : Audubon California, Defenders of Wildlife, The
Nature Conservancy
SUPPORT : California Council of Land Trusts, Calcoast,
Clean Power Campaign, Coastwalk California,
Coalition for Clean Air, East Bay Municipal
Utility District, Forests Forever, Planning and
Conservation League
OPPOSITION : California Business Properties Association,
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California Building Industry Association,
California Chamber of Commerce, California
Forestry Association, California Manufacturers
& Technology Association, Western States
Petroleum Association