BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2329|
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THIRD READING
Bill No: AB 2329
Author: Ruskin (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 6/28/10
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Strickland
ASSEMBLY FLOOR : 49-27, 6/2/10 - See last page for vote
SUBJECT : Environmental protection: greenhouse gas
emissions:
climate action team
SOURCE : Audubon California
Defenders of Wildlife
The Nature Conservancy
DIGEST : This bill requires the Natural Resources Agency
to develop a climate change adaptation strategy by 2012 and
update it every three years. The bill establishes in
statute the Climate Action Team and directs it to
coordinate state policy to achieve the state's greenhouse
gas emission reduction targets.
ANALYSIS : Under Executive Orders S-3-05 and S-20-06, the
Governor established goals for the reduction of greenhouse
gas emissions in the state and directed the California
Environmental Protection Agency to coordinate multi-agency
CONTINUED
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efforts to meet those goals. Under this authority, the
Secretary for Environmental Protection created the Climate
Action Team, which is made up of the heads several state
agencies and departments.
Under AB 32 (Nunez, Chapter 488, Statutes of 2006), the Air
Resources Board is required to approve a statewide
greenhouse gas emission limit, such that statewide
emissions in 2020 are equal to emissions in 1990. The Air
Resources Board is required to implement regulatory
measures to reduce emissions to meet that target. Pursuant
to AB 32, the Air Resources Board is currently considering
the imposition of a fee on greenhouse gas emitters to pay
for the state's regulatory costs under AB 32.
Pursuant to Executive Order S-13-08, the Natural Resources
Agency prepared the 2009 California Climate Adaptation
Strategy. The document summarizes the current scientific
research into climate change impacts and provides
recommendations on how to manage those impacts.
This bill requires the Natural Resources Agency, in
coordination with other state agencies, to prepare a
climate change adaptation report by June 1, 2012 and update
that report every three years. The plan required under the
bill shall follow up on the findings of the 2009 plan and
address progress on the strategies identified in that plan.
The bill specifies that the required plan will serve as
the state's climate adaptation document for purposes of any
federal law requiring such a plan.
Based on the requirements in the bill and the state's
experience developing the previous plan, staff estimates
the cost to develop the new plan and required updates to be
about $350,000 per year. These costs would be covered with
a variety of funding sources, including the General Fund,
bond funds, and several special funds. Once the Air
Resources Board begins collecting its greenhouse gas
emission fee, those fee revenues could be used to offset
these costs.
This bill establishes the Climate Action Team which is to
be chaired by the Secretary for Environmental Protection,
with a specified membership of agency and department heads.
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This bill authorizes the Climate Action Team to establish
staff working groups to address issues relating to specific
issues. The bill directs the Climate Action Team to
coordinate state efforts to achieve the state's greenhouse
gas emission reduction targets.
While the Climate Action Team currently operates based on
executive orders and administrative action by the Secretary
for Environmental Protection, this bill puts these
requirements into law. This creates ongoing funding
requirements on CalEPA and other departments (which cannot
be undone by a future governor, unlike executive orders and
administrative decisions). Therefore the bill imposes
ongoing costs to the various agencies and departments.
CalEPA indicates that it currently has five staff positions
supporting activities of the Climate Action Team.
Continuing this level of support will cost about $500,000
per year. These costs are currently supported from the Air
Pollution Control Fund (which has been supported by several
loans from other special funds). The Air Resources Board
is currently considering the imposition of a fee on
greenhouse gas emitters which will likely support Climate
Action Team activities in the future.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Unable to verify at time of writing)
Audubon California (co-source)
Defenders of Wildlife (co-source)
The Nature Conservancy (co-source)
Calcoast
California Council of Land Trusts
Clean Power Campaign
Coalition for Clean Air
Coastwalk California
East Bay Municipal Utility District
Forests Forever
Planning and Conservation League
OPPOSITION : (Unable to verify at time of writing)
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California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Forestry Association
California Manufacturers & Technology Association
Western States Petroleum Association
ARGUMENTS IN SUPPORT : The Coalition for Clean Air states
in support that, "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 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."
ARGUMENTS IN OPPOSITION : 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."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
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Furutani, Galgiani, Hall, Hayashi, Hernandez, Hill,
Huffman, Jones, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
Cook, DeVore, Emmerson, Fuller, Gaines, Garrick, Gilmore,
Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Tran,
Villines
NO VOTE RECORDED: Tom Berryhill, Lieu, Audra Strickland,
Vacancy
TSM:nl 8/31/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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