California Senate Bill SB1294 Amended / Bill

 BILL NUMBER: SB 1294AMENDED BILL TEXT AMENDED IN SENATE MARCH 28, 2016 INTRODUCED BY Senator Pavley FEBRUARY 19, 2016 An act to add  Chapter 4 (commencing with Section 42200) to Part 3 of Division 30 of   Division 45 (commencing with Section 75300) to  the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST SB 1294, as amended, Pavley. The  California  Community  Climate, Drought, and Jobs Resiliency Act.   Climate and Drought Resilience Program of 2016.   Existing law authorizes the Department of Forestry and Fire Protection (CalFire) to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multibenefit projects by assisting urban areas with innovative solutions to problems, including greenhouse gas emissions, public health impacts of poor air and water quality, urban heat island effect, stormwater management, water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance. Existing law authorizes the Department of Resources Recycling and Recovery (CalRecycle) to develop a program to increase the use of compost products in agricultural applications.   This bill would enact the Community Climate and Drought Resilience Program of 2016 and would require CalFire to review the urban forestry program and, if necessary, revise the program to provide funding priority to multibenefit carbon sequestration projects and to establish local or regional targets for urban tree canopy. The bill would require CalRecycle, by July 1, 2017, to develop and implement a program that provides incentives for certain projects that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas.   Existing law establishes the California Conservation Corps in the Natural Resources Agency as a service organization providing employment and training for young men and women. Existing law authorizes the Director of the California Conservation Corps, implementing the corps program, to recruit and employ corpsmembers and to adopt criteria for employment in the program.   This bill would require the Department of Resources Recycling and Recovery to award grants to local conservation corps certified by the California Conservation Corps for projects that improve the climate and drought resiliency of urban canopies, community landscaping, and urban greening efforts through the use of various water conservation methods, including the application of compost and mulch. The project would require the department to consider certain factors in selecting a project for a grant, and would require the department to give priority to projects that would aid urban canopies at the greatest risk from drought. The bill would require a project that receives a grant to leverage state and local funds. The bill would authorize the department, in coordination with local water agencies, to develop a pilot program to study the use of compost in landscaping to assist local water agencies in increasing groundwater supply and reducing evaporation.  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.   Division 45 (commencing with Section 75300) is added to the   Public Resources Code   , to read:   DIVISION 45. Community Climate and Drought Resilience Program of 2016 CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 75300. (a) The Legislature finds and declares all of the following: (1) California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor's Executive Orders S-03-05 and B-30-15. (2) The state has developed a comprehensive climate adaptation strategy document titled "Safeguarding California" and has established the integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies. (3) The state's existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions. (4) The drought has heightened awareness and underscored the importance of sustainable water management. (5) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports, and thereby reduce emissions of greenhouse gases. (6) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state's policy to reduce greenhouse gas levels. (7) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch. (8) Composting and use of organic waste in improved landscape and healthy soil management has great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration, and may also greatly improve water retention and infiltration of stormwater flows. (9) Composting may also provide important environmental and agricultural cobenefits, such as reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner. (b) In enacting this division, it is the intent of the Legislature to do both of the following: (1) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening. (2) Enable opportunities for employment of California's at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities. (c) The Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following: (1) Help urban and rural communities adapt to the effects of climate change. (2) Improve water management and drought preparedness. (3) Provide workforce training to young men and women in disadvantaged communities. (4) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following: (A) Improvement and continued management of urban forest canopy and carbon soil sequestration. (B) Development and application of compost made from organic waste that is diverted from landfills. 75305. For purposes of this division, the following definitions apply: (a) "CalFire" means the Department of Forestry and Fire Protection. (b) "CalRecycle" means the Department of Resources Recycling and Recovery. (c) "Disadvantaged communities" means communities identified pursuant to Section 39711 of the Health and Safety Code. CHAPTER 2. URBAN FORESTRY 75310. (a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following: (1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following: (A) Mulching, watering, or pruning. (B) The use of onsite water capture, recycled water, and other local water sources. (C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest. (2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species' adaptability to anticipated climate change impacts, and other relevant factors. (b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following: (1) Planning and technical assistance for eligible applicants assisting disadvantaged communities. (2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health. CHAPTER 3. THE USE OF COMPOST IN FARMING AND LANDSCAPING PRACTICES 75320. (a) By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. (b) In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program. (c) CalRecycle shall develop and update regulations for the implementation of this chapter.   SECTION 1.   Chapter 4 (commencing with Section 42200) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 4. THE CALIFORNIA COMMUNITY CLIMATE, DROUGHT, AND JOBS RESILIENCY ACT 42200. (a) The department shall award grants to local conservation corps certified by the California Conservation Corps for projects that improve the climate and drought resiliency of urban canopies, community landscaping, and urban greening efforts through the use of various water conservation methods, including the application of compost and mulch. (b) The department, in selecting a project for a grant pursuant to subdivision (a), shall consider the extent to which the project would employ at-risk youth, save existing climate-beneficial green spaces, save water, beautify low-income communities, use compost and mulch, increase onsite stormwater infiltration and groundwater recharge, and build healthy, biologically active soil able to sequester carbon and support healthy plants. (c) Projects eligible for grants pursuant to subdivision (a) include, but are not limited to, the following: (1) Projects that use local water sources as the water supply for urban canopies. (2) Landscaping projects that benefit the climate and use water sustainably. (3) Projects that develop, transport, and apply compost and mulch for purposes of improving tree and plant health, increasing groundwater supply, and reducing evaporation. (d) A project that receives a grant pursuant to subdivision (a) shall leverage state and local funds. (e) In awarding grants pursuant to subdivision (a), the department shall give priority to projects that would aid urban canopies at the greatest risk from drought. 42201. The department, in coordination with local water agencies, may develop a pilot program to study the use of compost in landscaping to assist local water agencies in increasing groundwater supply and reducing evaporation.