BILL ANALYSIS
SB 721
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 721
AUTHOR: Steinberg
AMENDED: As introduced
FISCAL: Yes HEARING DATE: April 20, 2009
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 sec.).
3) Set various requirements relating to administration of the
Department of Transportation (Caltrans). (Government Code
14001 et seq.).
4) Under the Public Interest Energy Research, Demonstration,
and Development Program (PIER program), provides
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legislative intent regarding the program, sets requirements
for the program, and provides definitions. (Public
Resources Code 25620 et seq.).
This bill :
1) Creates the Climate Change Research, Mitigation,
Adaptation, and Economic Leadership Act of 2009 (Act) that:
a) Contains related legislative intent, including the
reference to the CAT in the CGWSA.
b) Establishes the CAT with specified membership,
chaired by the Secretary for Environmental Protection,
and requires the Secretary to coordinate oversight of
the efforts to meet GHG emission reduction targets under
the GWSA.
c) Requires the CAT to coordinate state policy to meet
certain goals consistent with the CGWSA (e.g., reduce
GHG emissions, promote economic and job growth through
workforce development and support of clean technology to
meet the state's climate change goals, identify
unavoidable climate change impacts).
d) Requires the CAT by January 1, 2011, and annually
thereafter, to prepare and adopt a strategic research,
development, demonstration, and deployment plan (plan).
The plan must address certain matters (e.g., funds to
assist in bringing clean technologies into the
marketplace that reduce GHG emissions in accordance with
climate change goals, funds to encourage behavior
changes or changes in consumer preferences that assist
the state in meeting climate change goals, funds to
identify and forecast climate change impacts).
e) Requires the CAT to hold noticed public meetings and
workshops before adopting the plan.
f) Requires the expenditure of funds by a state agency
represented on the CAT to be consistent with the plan,
and authorized or consistent with the annual Budget Act.
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g) Requires the CAT to present its annual plan to the
appropriate policy and budget subcommittees of the
Legislature.
h) Requires the CAT by January 1, 2011, and annually
thereafter, to coordinate with the Natural Resources
Agency to prepare and adopt a climate change impact
mitigation and adaptation plan that includes certain
matters (e.g., assessment of the current state of
climate change impact analysis, process for integrating
climate change impact information into the planning and
decisionmaking of state agencies, evaluation of each
sector's contribution toward meeting GHG emission
reduction targets, review of the best available
scientific information regarding certain climate change
matters).
2) Requires GHG-related information to the Climate Action
Team, rather than to the Secretary for Environmental
Protection, and provides a definition for "Climate Action
Team" with a cross-reference to the Act created under this
bill (#1 above).
3) Requires research, development, and demonstration funds
allocated for clean technology, environmental protection,
and public interest energy research administered by
Caltrans to be expended in accordance with the plan adopted
pursuant to the Act created by this bill (#1 above).
4) Revises the PIER program legislative intent to provide that
PIER projects should be coordinated with other related
state programs and research needs to meet overall state
policy objectives related to energy efficiency,
environmental protection, GHG reduction, clean technology
job creation, and climate change adaptation in the most
efficient manner possible. Also provides that the term
"demonstration" under the PIER program includes, but is not
limited to, grants and loans to entities to commercialize
new, cost-effective technologies in the California
marketplace.
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COMMENTS :
1) Purpose of Bill . According to the author, "The Legislature
has passed landmark laws to reduce greenhouse gas
emissions, promote renewable energy, and promote green
technologies. However, these laws did little to address
climate assessment activities or ensure that state research
investments and actions are prioritized to promote climate
benefits and clean technologies."
The author also notes that "Each year, at least $300 million
in state public funds is available for climate change
assessment, and climate-related energy and transportation
research and development. Unfortunately, these activities
are currently spread among six different state agencies.
No single, coordinated strategic investment plan exists to
ensure that scarce state research and development dollars
are invested to provide better information on the effects
of climate change. In addition, there is no plan to target
research dollars to those activities that will bring new
technologies and industries to market and help make
California the world's clean technology leader."
In response to these concerns, the author indicates that
"[t]his bill creates a single, coordinated program in
California state government to spend research, development
and demonstration (RD&D) funds pursuant to a comprehensive
investment plan. It uses the current 'Climate Action Team'
of state agencies to ensure state research dollars are
spent in a coordinated fashion." The author also refers to
other planning, funding, and CAT responsibilities under
this bill.
2) Background . Executive Order (EO) S-3-05 establishes
emission reduction targets for the state, requires the
Secretary for Environmental Protection to coordinate
oversight efforts with certain other entities to meet the
targets, and sets various reporting requirements. EO
S-20-06 indicates that the Secretary created the CAT in
June 2005 in order to achieve the climate change emission
reduction targets, and directs the Secretary to work with
the CAT, and coordinate with the Air Resources Board in
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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. SB 721 seeks to codify certain CAT
responsibilities.
3) Trying again . SB 721 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 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."
SB 721 differs with SB 1760 by: a) providing that the
Secretary for Environmental Protection chairs the CAT; b)
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adding the Secretary of Consumer Affairs and the Secretary
of Labor and Workforce Development to the CAT; c) changing
the research, development, and demonstration plan to a
research, development, demonstration, and deployment plan,
that also addresses related deployment issues; d) changing
the climate impact mitigation plan to a climate impact
mitigation and adaptation plan, and revising some of the
impacts that must be addressed; e) requiring the mitigation
and adaptation plan to also evaluate each sector's
contribution toward meeting GHG reduction targets, and
review best available scientific information regarding
certain matters; and f) making related clarifying and
technical amendments.
4) Technical considerations . Amendments are need to: a)
reference EO S-3-05 on page 9, line 6, rather than EO
S-3-50; b) refer to climate change requirements and
targets, rather than goals; c) strike "goals" on page 9,
line 8, and make related amendments; d) strike "categories"
on page 9, line 30; e) insert "committees" after "policy"
on page 10, line 14, and f) provide a definition for the
term "sector" (referenced on page 11, line 1).
SOURCE : Audubon California, Defenders of Wildlife, The
Nature Conservancy
SUPPORT : Clean Water Action, National Parks Conservation
Association, Planning and Conservation League,
Sierra Club California
OPPOSITION : None on file