California Senate Bill SB1294 Amended / Bill

 BILL NUMBER: SB 1294AMENDED BILL TEXT AMENDED IN SENATE APRIL 27, 2016 AMENDED IN SENATE APRIL 4, 2016 AMENDED IN SENATE MARCH 28, 2016 INTRODUCED BY Senator Pavley (Coauthor: Senator Hertzberg) FEBRUARY 19, 2016 An act to  amend Section 42649.87 of,   to  add  Section 42649.89 to, and to add  Division 45 (commencing with Section 75300)  to   to,  the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST SB 1294, as amended, Pavley. The Community 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 requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. Existing law requires the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to perform specified functions, including developing recommendations for promoting organic waste processing and recycling infrastructure statewide.   This bill would require the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to additionally assess state programs to determine how those programs may increase the use of compost for specified purposes and develop recommendations for promoting the use of compost throughout the state. The bill would require that those recommendations be posted on the agency's Internet Web site no later than January 1, 2018, and be updated annually thereafter. The bill would require an implementing agency, required to be identified with those recommendations, to develop a program to implement policies for promoting the use of compost throughout the state, if recommended, and, for purposes of that program, to prioritize projects that utilize the services of community conservation corps or other local nonprofit entities that employ underprivileged youth.  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 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-3-05 and B-30-15. (b) The state has developed a comprehensive climate adaptation strategy document titled "Safeguarding California: Implementation Action Plans" and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies. (c) 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. (d) The drought has heightened awareness and underscored the importance of sustainable water management. (e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases. (f) 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. (g) 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. (h) Composting and use of organic waste in improved landscape and healthy soil management have 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. (i) Composting may also provide important environmental and agricultural cobenefits, including 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.  SEC. 2.   Section 42649.87 of the   Public Resources Code   is amended to read:  42649.87. (a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. (b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. (c) The  California  Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: (1) Assess the state's progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board's May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture's Healthy Soils Initiative. (2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state's organic waste processing and recycling infrastructure. (3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. (4)  (A)    Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency's Internet Web site no later than January 1, 2017, and updated annually thereafter.  (B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency's Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89.   (5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas.  (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.  SEC. 3.   Section 42649.89 is added to the   Public Resources Code  , to read:   42649.89. (a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87. (b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth.   SEC. 2.   SEC. 4.  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. In enacting this division, it is the intent of the Legislature to do both of the following: (a) 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. (b) Enable opportunities for employment of California's at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities. 75301. 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: (a) Help urban and rural communities adapt to the effects of climate change. (b) Improve water management and drought preparedness. (c) Provide workforce training to young men and women in disadvantaged communities. (d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following: (1) Improvement and continued management of urban forest canopy and carbon soil sequestration. (2) 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.