BILL ANALYSIS
SB 1006
Page 1
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 1006 (Pavley) - As Amended: June 21, 2010
SENATE VOTE : 22-14
SUBJECT : Natural resources: climate change: Strategic Growth
Council.
SUMMARY : Expands list of the type of data and information the
Strategic Growth Council (Council) must provide a local
government regarding the development and planning of sustainable
communities to include climate change adaptation strategies,
projects, or activities; and, expands the list of eligible
applicants for urban greening project and planning monies.
Specifically, this bill :
1)Expands the requirement that the Council provide, fund, and
distribute data and information to local governments and
regional agencies that will assist in the development and
planning of sustainable communities, to include providing
information regarding climate change adaptation strategies,
projects, or activities that do all of the following:
a) Protect, conserve, restore, or enhance natural ecosystem
functions;
b) Use effective approaches to protect communities from the
impacts of climate change, including practices that
utilize, enhance, or mimic natural processes and functions;
and,
c) Avoid or minimize, or both, environmental degradation
and emission of greenhouse gases.
2)Requires the Council to identify and review activities and
funding programs of member state agencies that may be
coordinated to address climate change.
3)Adds special districts and joint powers authorities to the
list of eligible applicants for urban greening projects and
plans.
SB 1006
Page 2
4)Specifies that an eligible joint powers authority must contain
at least one member that individually would qualify as an
eligible applicant for the financial assistance.
5)Clarifies the definition of financial assistance to mean any
of the following:
a) A revolving loan;
b) A grant, only if the applicant lacks the fiscal capacity
to carry out the project without a grant in accordance with
developed criteria; or,
c) Planning grants and planning incentives, including
revolving loan programs and other methods to encourage the
development of regional and local land use plans that are
designed to promote water conservation, reduce automobile
use and fuel consumption, encourage greater infill and
compact development, protect natural resources and
agricultural lands, and revitalize urban and community
centers, as prescribed.
EXISTING LAW :
1)Establishes the Council, requires the Council to take certain
actions with regard to coordinating specified programs of
member state agencies, and requires the Council to manage and
award grants and loans to support the planning and development
of sustainable communities.
2)Directs the Council to do all of the following:
a) Identify and review activities and funding programs of
member state agencies that may be coordinated to improve
air and water quality, improve natural resource protection,
increase the availability of affordable housing, improve
transportation, meet the goals
of AB 32 (Nunez), Chapter 488, Statutes of 2006, encourage
sustainable land use planning, and revitalize urban and
community centers in a sustainable manner;
b) Review and comment on the state's five-year
infrastructure plan and Environmental Goals and Policy
Report;
SB 1006
Page 3
c) Recommend policies and investment strategies to the
Governor, Legislature, and appropriate state agencies to
encourage the development of sustainable communities;
d) Provide, fund, and distribute data and information to
local governments and regional agencies that will assist in
developing and planning sustainable communities;
e) Manage and award grants and loans to support the
planning and development
of sustainable communities, pursuant to the provisions of
this bill, for which specified implementation actions may
be employed; and,
f) Provide, no later than July 1, 2010, and every year
thereafter, a report to the Legislature that shall include,
but not be limited to, a list of applicants for financial
assistance, identification of which applications were
approved, the amounts awarded for each approved
application, the remaining balance of available funds, a
report on the proposed or ongoing management of each funded
project, and any additional minimum requirements and
priorities for a project or plan proposed in a grant or
loan application developed and adopted by the Council.
3)Requires an applicant for financial assistance for a plan or
project pursuant to this bill to declare its intention to
follow a detailed budget and schedule.
4)Requires a project or plan funded pursuant to this bill to be
consistent with the state's planning policies and reduce (as
permanently as is feasible) greenhouse gas emissions
consistent with AB 32.
5)Directs the Council to manage and award financial assistance
to a city, county, or nonprofit organization for preparing,
planning, and implementing urban greening projects that
provide multiple benefits, as specified, and are not
mitigation actions required under existing law.
6)Specifies that this financial assistance shall be funded by
the $90 million in Proposition 84 funds allocated for urban
greening projects.
7)Allows up to 25% of the moneys allocated for urban greening by
Proposition 84 to be used
SB 1006
Page 4
to award revolving loans or grants to a COG, countywide
authority, metropolitan planning organization, local
government, or nonprofit organization for the purpose of
creating urban greening plans.
FISCAL EFFECT : Unknown
COMMENTS :
1)According to the author, "California is at the forefront of
climate change solutions that achieve significant, near-term
reductions in the carbon pollution that is causing global
warming. Notwithstanding these essential mitigation measures,
California is already experiencing dramatic, unavoidable
climate change impacts due to carbon pollution already
committed to the atmosphere and oceans.
These climate change impacts include documented sea-level
rise, increased erosion, increased weather severity, altered
water cycles, reduced snowpack and earlier snow melt,
increased wildfire occurrence and severity, altered rainfall
patterns, disrupted food supply, and migration of plant and
animal species. These impacts could expose the state and
local governments to trillions of dollars in costs.
Thus, in addition to mitigation, state and local governments
must strategically plan to adapt to these and other
unavoidable climate change impacts. Social, cultural, and
economic resilience to these impacts is fundamentally rooted
in ecological resilience and attention must be given to
addressing the impacts of climate change on natural
ecosystems. The state has recognized the importance of
adaptation in developing the California Climate Adaptation
Strategy, which summarizes the best known science on climate
change impacts in seven specific sectors and provides
state-level recommendations on how to manage against those
threats."
SB 1006 requires the Council to develop and distribute
information to local governments and regional agencies that
will assist those entities to develop and implement climate
change adaptation strategies that protect natural ecosystem
functions, use effective approaches to protect communities
from the impacts of climate change, and avoid or minimize
environmental degradation and emission of greenhouse gases.
SB 1006
Page 5
2)Existing law allocates the $90 million Proposition 84 provides
for urban greening projects.
It requires the Council to develop and implement a grant program
for urban greening projects that provide multiple community
benefits, and provides that the multiple benefits include, but
are not limited to, tree canopy, urban forestry, local parks
and open space, greening of existing lands and structures,
multi-objective storm water projects, urban streams, various
public gardens and orchards, heat island mitigation and energy
conservation efforts, and
non-motorized urban trails. Existing law allows up to 25% of
the moneys allocated for urban greening by Proposition 84 to
be used to award revolving loans or grants to a COG,
countywide authority, metropolitan planning organization, local
government, or nonprofit organization for the purpose of
creating urban greening plans. SB 1006 adds joint powers
authorities and special districts to the list of eligible
applicants for these funding opportunities.
3)Support Arguments: The sponsors, Audubon California,
Defenders of Wildlife, and The Nature Conservancy, state that
"in addition to reducing emissions, state and local
governments must strategically plan to help people and nature
adapt to the current and expected impacts from climate change.
Social, cultural, and economic resilience to these impacts is
fundamentally rooted in ecological resilience and SB 1006
plays a critical role in catalyzing innovative actions to
address the impacts of climate change on natural ecosystems
and in so doing, protect human communities." Supporters also
believe that expanding the list of eligible funding applicants
for the urban greening projects and plans is critical.
Opposition Arguments : Opposition, including the California
Building Industry Association, believes that provisions of the
bill directing the Council to adopt climate adaptation
guidelines for non-state (local and regional) agencies
conflict with actions and processes already underway by the
Climate Adaptation Advisory Panel, and furthermore, are
drafted in a way that focuses solely on achieving
environmental benefits without accounting for or considering
economic factors. Opposition believes that the direction to
the Council to develop climate adaptation guidelines for local
SB 1006
Page 6
and regional governments is premature and has the potential to
conflict with the work of the Climate Adaptation Advisory
Panel.
4)This bill is double-referred to the Committee on Natural
Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
Audubon CA [CO-SPONSOR]
Defenders of Wildlife [CO-SPONSOR]
The Nature Conservancy [CO-SPONSOR]
East Bay Municipal Utility District
Planning and Conservation League
Tree People
Opposition
American Council of Engineering Companies, CA
CA Building Industry Association
CA Business Properties Association
CA Central Valley Flood Control Association (unless amended)
CA Chamber of Commerce
CA Manufacturers and Technology Association
Western States Petroleum Association
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958