Amended in Assembly July 2, 2014

Amended in Senate May 27, 2014

Amended in Senate May 7, 2014

Amended in Senate April 21, 2014

Amended in Senate April 10, 2014

Senate Bill No. 1217

Introduced by Senator Leno

(Coauthors: Senators Jackson and Pavley)

February 20, 2014

An act to add Section 12805.4 to the Government Code, relating to climate change.

LEGISLATIVE COUNSEL’S DIGEST

SB 1217, as amended, Leno. Climate change: preparedness.

Existing law establishes the Natural Resources Agency and requires the Secretary of the Natural Resources Agency to develop a strategic vision for the Department of Fish and Wildlife and the Fish and Game Commission that includes reforms necessary to take on the challenges of the 21st century, including, among other things, climate change and adaptation. Existing law establishes the Strategic Growth Council and requires the council to, among other things, identify and review activities and funding programs of its member state agencies that may be coordinated to, among other things, meet the goals of the California Global Warming Solutions Act of 2006.

This bill would require the Natural Resources Agency begin delete , in consultation with other appropriate state agencies and departments, end delete on or before begin delete January 1, 2019, end delete begin insert July 1, 2018, end insert and every begin delete 5 end delete begin insert 3 end insert years thereafter, to prepare a begin delete climate change strategy that evaluates climate change risks to the state. The bill would require the strategy to identify mitigation measures that increase climate change resiliency. The bill would require the Natural Resources Agency to identify possible funding for mitigation measures identified in the strategy. The bill would require the council, on or before January 1, 2020, and every 5 years thereafter, in consultation with the Natural Resources Agency, the California Environmental Protection Agency, and other appropriate state agencies and departments, to take specified actions with regard to reviewing the impacts of climate change and identifying capital outlay and public infrastructure projects. end delete begin insert California climate risk assessment that provides original research on regionally appropriate climate risk vulnerabilities, risk management options, and other needed scientific research to support California’s development of informed climate policy and actions to address climate change. The bill would require the Natural Resources Agency, on or before January 1, 2019, and every 5 years thereafter, to update the Safeguarding California Plan to reduce risks to California from the impacts of climate change. The bill would require the Office of Planning and Research on or before January 1, 2016, and every 5 years thereafter, to develop Infrastructure Resilience Guidelines to integrate climate risks into capital outlay and infrastructure planning and investment. end insert The bill would require the begin delete council end delete begin insert Strategic Growth Council end insert to report begin delete its end delete begin insert specified end insert findings begin delete and provide a description of major projects end delete relating to climate change to the appropriate state agencies, departments, commissions, and boards that make decisions related to capital funding. The bill would also require the council to report to the Legislature on those findings so that the Legislature may consider further action that may be necessary to address climate change in the state.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) California’s climate is changing, posing an escalated threat
to public health, the environment, and public and private property
in the state. The increasing frequency of extreme weather events,
rising sea levels, and changes in hydrology, including diminishing
snowpack, among other climate change impacts, will touch every
part of Californians’ lives in the next century begin insert and beyond end insert , and
planning appropriately for these impacts will help us be better
prepared for the future.

(b) The impacts of climate change, including longer droughts,
extended floods, prolonged fire seasons with larger and more
intense fires, heat waves, and sea level rise are already creating
challenges for public health begin insert and safety end insert and causing destructive
property damage.

(c) Climate changes pose a threat not just to the lives and health
of the state’s residents, but to the financial health of our state and
local governments.

(d) According to the Natural Resources Agency’s draft report,
entitled “Safeguarding California: Reducing Climate Risk,”
state-of-the-art modeling shows that a single extreme weather
event in California could cost approximately $725 billion dollars,
with total direct property losses of nearly $400 billion dollars, the
effects of which could cause devastating impacts on the state’s
residents, economy, and natural resources.

(e) Reducing the impacts of climate change on California’s
natural begin delete and agricultural end delete resources begin insert and infrastructure end insert is essential
to begin delete building the state’s resiliency end delete begin insert protecting the state’s environment end insert
and begin delete ensuring its capacity to support its end delete economy over time.

(f) Given the potential impacts and begin insert the end insert long-term nature of
effective planning, California needs to begin delete consider and prepare for
these climate change impacts end delete begin insert take action end insert now.

begin delete

(g) Without appropriate planning to make the state more resilient
to the identified impacts of climate change, in addition to
addressing the human and social costs of the effects of climate
change, California could face billions of dollars per year in direct
costs, and expose trillions of dollars of assets in the state to
collateral risk.

end delete begin insert

(g) California has developed a strong climate science assessment
program, which has built a comprehensive body of information
about the climate risks in California; impacts on specific sectors,
populations, and regions; projected costs of climate risks and
impacts on the economy; and barriers to efforts to prepare for
climate risks. These assessments have served as a basis for the
development of the state’s Safeguarding California Plan (2009
Climate Adaptation Strategy and 2013 Safeguarding California
Plan) and other climate policy documents, including the
development of the Assembly Bill 32 Scoping Plan. The
Safeguarding California Plan provides guidance for state
decisionmakers regarding needed actions to reduce climate risk
and ensure greater resilience for California communities. The
climate science assessment and the Safeguarding California Plan
should continue to be updated, on a regular basis, to ensure that
the state has the appropriate information and strategies as it plans
for climate change.

end insert begin insert

(h) It is in the best interest of the state for it to use both the
climate science assessment and the Safeguarding California Plan
to prepare guidelines that assist state agencies in incorporating
climate risk, resiliency, and readiness into the capital outlay and
public infrastructure project planning and investment process.

end insert

SEC. 2.  

Section 12805.4 is added to the Government Code, to
read:

12805.4.  

(a)  begin delete On end delete begin insert On or before July 1, 2018, and every three
years thereafter, the Natural Resources Agency, in consultation
with other appropriate state agencies and departments, shall
prepare a California climate risk assessment that provides original
research on regionally appropriate climate risk vulnerabilities,
risk management options, and other needed scientific research to
support California’s development of informed climate policy and
actions to address climate change. end insert

begin insert (b) end insert begin insert   end insert begin insert On end insert or before January 1, 2019, and every five years thereafter,
the Natural Resources Agency, in consultation with begin insert the Climate
Action Team and end insert other appropriate state agencies and departments,
begin delete shall prepare a climate change strategy that evaluates climate
change risks to the state end delete begin insert and in coordination with local, regional,
state, and federal public and private entities, shall update the
Safeguarding California Plan to reduce risks to California from
the impacts of climate change. The plan and updates shall include
a summary of the best known science on climate change impacts
affecting California, and assess California’s vulnerability to the
identified impacts end insert , including, but not limited to, sea level rise,
drought and flooding, impacts on wildlife habitats, increasing
temperatures, increased occurrence of extreme weather events,
and increased wildland fire risk. The begin delete strategy end delete begin insert plan and updates end insert
shall also identify mitigation measures that increase climate
resiliency. The Natural Resources Agency shall identify possible
funding for mitigation measures identified in the begin delete strategy. end delete begin insert plan
and updates. end insert

begin delete

(b) (1) On or before January 1, 2020, and every five years
thereafter, the Strategic Growth Council shall, in consultation with
the Natural Resources Agency, the California Environmental
Protection Agency, and other appropriate state agencies and
departments, do all of the following:

end delete begin delete

(A) Review the impacts of climate change in the state with
regard to capital outlay and public infrastructure projects, including,
but not limited to, the impacts described in subdivision (a).

end delete begin delete

(B) Identify and prioritize climate resiliency projects of major
significance that would benefit essential public infrastructure and
that would provide near-term and longer-term climate change
resiliency to the state.

end delete begin delete

(C) Identify possible funding sources for the projects described
in subparagraph (B).

end delete begin insert

(c) (1) On or before January 1, 2016, and every five years
thereafter, the Office of Planning and Research, in consultation
with the Strategic Growth Council and all state agencies that invest
in infrastructure, shall develop guidelines that shall be known as
the Infrastructure Resilience Guidelines, to integrate climate risks
into capital outlay and public infrastructure planning and
investment. The guidelines are not intended to preclude any project,
but rather to provide guidance to state agencies on incorporating
climate risk, resiliency, and readiness into the infrastructure
project planning and investment process. The guidelines shall
include, at a minimum, all of the following:

end insert begin insert

(A) Climate risks to be considered in capital outlay and public
infrastructure planning.

end insert begin insert

(B) Relevant timeframes for considering climate impacts.

end insert begin insert

(C) Potential climate risks and options for managing and
reducing those risks, including, where feasible, both of the
following:

end insert begin insert

(i) The magnitude of expected climate impacts and risks.

end insert begin insert

(ii) References for finding climate science resources.

end insert begin insert

(2) The Office of Planning and Research shall conduct public
workshops to solicit input on the Infrastructure Resilience
Guidelines, and shall consider and incorporate comments received
during the public workshops on the guidelines. Before finalization
of the guidelines, the Office of Planning and Research shall present
the guidelines to the Strategic Growth Council to solicit its
comments and recommendations.

end insert begin insert

(d) State agencies and departments shall use the Infrastructure
Resilience Guidelines to inform their capital outlay and public
infrastructure planning and investment. State agencies and
departments may seek consultation and guidance from the Strategic
Growth Council.

end insert begin insert

(e) (1) The Strategic Growth Council, in consultation with the
Office of Planning and Research, and other appropriate state
agencies and departments, shall do all of the following:

end insert begin insert

(A) Use the Infrastructure Resilience Guidelines developed
pursuant to subdivision (c) to review the state’s investments in
capital outlay and public infrastructure projects with regard to
the impacts of climate change, including, but not limited to, the
impacts described in subdivision (a).

end insert begin insert

(B) Identify where capital outlay and infrastructure projects
may be needed to further incorporate the Infrastructure Resilience
Guidelines and provide recommendations to state agencies
responsible for those projects.

end insert begin insert

(C) Identify any capital outlay and infrastructure projects that
should receive priority for implementation because the projects
offer the state important protection from the impacts of climate
change.

end insert begin insert

(D) Whenever possible, identify potential funding sources for
the projects described in subparagraph (B).

end insert

(2) (A) The Strategic Growth Council shall report its findings
begin delete and provide a description of major projects identified in end delete begin insert under end insert
paragraph (1) to the appropriate state agencies, departments,
commissions, and boards that make decisions related to capital
funding.

(B) (i) The Strategic Growth Council shall also report to the
Legislature on its findings regarding climate change under
paragraph (1) so that the Legislature may consider further action
that may be necessary to address climate change in the state.

(ii) A report submitted to the Legislature pursuant to this
subparagraph shall comply with Section 9795 of the Government
Code.