California Senate Bill SB246 Amended / Bill

 BILL NUMBER: SB 246AMENDED BILL TEXT AMENDED IN ASSEMBLY SEPTEMBER 1, 2015 AMENDED IN ASSEMBLY JULY 1, 2015 AMENDED IN SENATE JUNE 2, 2015 AMENDED IN SENATE MAY 5, 2015 AMENDED IN SENATE APRIL 13, 2015 INTRODUCED BY Senator Wieckowski FEBRUARY 18, 2015 An act to add Part 4.5 (commencing with Section 71350) to Division 34 of the Public Resources Code, relating to environmental protection. LEGISLATIVE COUNSEL'S DIGEST SB 246, as amended, Wieckowski. Climate change adaptation. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions. An executive order establishes a climate action team consisting of specified ex officio members and requires the team to make a specified biannual report to the Legislature and Governor. This bill would establish the Climate Adaptation and Resiliency Program to be administered by the Office of Planning and Research to coordinate state, regional, and local  agency  efforts to adapt to the impacts of climate change, as specified.  The bill would require the California Environmental Protection Agency, the Natural Resources Agency, and the office, no later than January 1, 2017, and every 3 years thereafter, to update the 2009 California Climate Adaptation Strategy, as specified.  The bill also would  require the office, no later than January 1, 2018, and every 3 years thereafter,   require, within one year of an update to the Safeguarding California Plan, the Office of Emergency Services,   in coordination with the Natural Resources Agency, the Office of Planning and Research, and relevant public and private entities,  to  update   review and update, as necessary,  the Adaptation Planning Guide, as specified. The bill would establish an advisory council, as specified, to support  those   the  goals of the  office.   Office of Planning, and Research as identified by the bill.  The bill would require the  office   Office of Planning, and Research  to establish a clearinghouse for climate adaptation information, as specified. 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. Part 4.5 (commencing with Section 71350) is added to Division 34 of the Public Resources Code, to read: PART 4.5. Climate Adaptation and Resiliency Program 71350. For purposes of this part, "office" means the Office of Planning and Research. 71352. The Legislature finds and declares: (a) The state has been a leader in climate mitigation efforts. However, the state's efforts alone will not prevent global climate change from occurring, as noted in the update to the 2009 California Climate Adaptation Strategy issued in July 2014. Due to the inevitability of climate change impacts on the state, the state must invest in building resiliency and strengthening adaptation efforts at the state, regional, and local levels using the best-available science. (b) Improved coordination of existing adaptation planning efforts and funding by the state, as well as increased implementation and support of adaptation programs, can directly protect the state's infrastructure, communities, environmental quality, public health, natural resources, and economy from the unavoidable impacts of climate change for decades to come. (c) In order to have a cohesive and comprehensive adaptation response to climate change impacts, the state must have integrated planning with coordinated strategies across state, regional, and local governments and agencies. (d) The office is established as the comprehensive state planning agency that shall engage in the formulation, evaluation, and updating of long-range goals for factors that shape statewide development patterns and significantly influence the quality of the state's environment, in addition to assisting state, regional, and local agencies in a variety of research and planning efforts, pursuant to Section 65040 of the Government Code. Therefore, the office is well-positioned to work with state, regional, and local entities across the state in coordinating climate adaptation strategies. (e) It is the intent of the Legislature, therefore, that adaptation strategies to build resiliency to the risks and impacts from climate change be integrated in state policies, projects, and permitting processes, and that the office serve as a coordinating body for adaptation projects and goals across California. 71354. The Climate Adaptation and Resiliency Program is hereby established to be administered by the office. No later than January 1, 2017, the Director of State Planning and Research shall establish the program to coordinate state, regional, and local  agency  efforts to adapt to the impacts of climate change with, to the extent feasible, an emphasis on climate equity considerations across sectors and regions and strategies that benefit both  reductions  greenhouse gas emissions  reductions  and adaptation  efforts.   efforts, in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts.  The program shall  include   include, but is not limited to,  all of the following:  (a) Assisting state agencies in coordinating the planning and preparation of regular updates to the 2009 California Climate Adaptation Strategy, pursuant to Section 71356, and maintain copies of the updates on the office's Internet Web site.   (a) Working with and coordinating local and regional efforts for climate adaptation and resilience, including, but not limited to, the following:   (1) Developing tools and guidance.   (2) Promoting and coordinating state agency support for local and regional efforts.  (3) Ensuring that state planning, guidance, and guidelines reflect the efforts and challenges faced by local and regional entities pursuing adaptation and resilience.  (b)  Working with   Assisting the Office of Emergency Services and other  relevant state agencies  and public and private entities to create   with coordinating  regular  updates   reviews and updates, as needed,  to the Adaptation Planning Guide, pursuant to Section  71358,   71356,  and  maintain copies   maintaining a copy  of the  updates   guide, or an electronic link to a copy of the guide hosted on another Internet Web site,  on the office's Internet Web site.  One or more lead state agencies may be designated to prepare the updates.  (c) Coordinating and maintaining the state's clearinghouse for climate adaptation information, pursuant to Section  71362.   71360.  (d) Conducting regular meetings with the advisory council established pursuant to Section  71360   71358  in order to have  technical support, as well as  expertise and advice from regional and local experts working in climate adaptation throughout the research and planning processes, as described in this section.  71356. No later than January 1, 2017, and every three years thereafter, the California Environmental Protection Agency, the Natural Resources Agency, and the office, in coordination with those agencies that have previously led sector-specific adaptation efforts and any relevant public and private entities, shall update the 2009 California Climate Adaptation Strategy, for which the first update was titled Safeguarding California: Reducing Climate Risk, to incorporate advances in climate science and risk management options regarding regional and statewide climate change impacts and vulnerabilities and recommended adaptation strategies.   71358.   71356.  (a)  No later than January 1, 2018, and every three years thereafter,   Within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency,  the office,  in coordination with all   and  relevant public and private entities, shall  update   review and update, as necessary,  the Adaptation Planning Guide to provide tools and guidance to regional and local governments and agencies in creating and implementing climate adaptation and community resiliency plans and projects.  The  An  Adaptation Planning Guide  updates   update  shall be informed by the climate adaptation clearinghouse established pursuant to Section  71362   71360  and the scientific assessments and recommendations in the most recent update  prepared pursuant to Section 71356. The   of the Safeguarding California Plan. An  Adaptation Planning Guide  updates   update  shall  include, at a minimum, all of the following:   provide information and planning support for assessing climate vulnerabilities across impact sectors and regions and developing   adaptation strategies that can be tailored to meet local needs.   (1) Information concerning funding opportunities for adaptation research, planning, and projects.   (2) Regionally prioritized best-practice adaptation projects that, where appropriate, integrate efforts to reduce greenhouse gas emissions across the state.   (3) Recommended metrics and indicators to track the progress and success of adaptation efforts locally, regionally, and statewide.   (4) Adaptation planning templates for use by local governments and regional collaboratives.   (5) Guidelines for coordinating adaptation activities among state and local governments and regional collaboratives.  (b) As part of updating the Adaptation Planning Guide, the office with the advisory council created pursuant to Section  71360   71358  shall hold public meetings and workshops  at least annually  in the northern, southern, and central regions of the state to obtain input from the public and leaders in local and regional climate preparedness.  71360.   71358.  (a) An advisory council to the office is hereby established. The advisory council shall be comprised of  15  members from a range of  disciplines   disciplines,  in order to provide scientific and technical support,  as well as   and from  regional and local  perspectives, to   governments and entities. The advisory council shall  support the office's  goals   goals, as  identified in this  part.   part, to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change.  (b) Members of the advisory council shall  be appointed based on their   have  expertise in the intersection of climate change and areas that include, but need not be limited to, any of the following: (1) Public health. (2) Environmental quality. (3) Environmental justice. (4) Agriculture. (5) Transportation and housing. (6) Energy. (7) Natural resources and water. (8) Planning. (9) Recycling and waste management. (10) Local or regional government.  (11) Tribal issues.   (12) Emergency services.   (c) Five members of the advisory council shall be appointed by the Governor, five members shall be appointed by the Speaker of the Assembly, and five members shall be appointed by the Senate Committee on Rules. All members shall be appointed to four-year terms with the possibility of reappointment.   (d)   (c)  The advisory council shall meet with the office as  needed   needed,  but not less than three times a year.  (e) The members of the advisory council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.   71362.   71360.  (a) (1) The office shall coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. (2) The clearinghouse shall be a centralized source of information that provides  downscaled   available  climate data to guide decisionmakers at state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency to climate change. The clearinghouse  shall include all   may include, but is not limited to, any  of the following: (A) A collection of the best-available  science,   resources that may include  projections and models,  and  vulnerability  assessments of   assessments, and downscaled data for climate change impacts throughout the  state   state, when available,  at statewide, regional, and local levels for both near-term and longer term timescales, including year 2050 and year 2100 projections. Climate change impacts  shall   may  include, but are not limited to, impacts to public health, natural resources, environmental quality, and infrastructure. (B) Tools that allow for the visualization or identification of regional and local impacts across the state and that integrate best-available data on vulnerable populations and infrastructure. (C) A library of relevant white papers, case studies, research articles, and climate adaptation best practices that are searchable by relevance to region, locality, and sector.  (D) Information concerning funding opportunities for adaptation research, planning, and projects.   (E) Regionally prioritized best-practice adaptation projects that, as appropriate, integrate efforts to reduce greenhouse gas emissions across the state.  (b) The clearinghouse shall be regularly  updated with relevant information to improve its functionality as a tool to guide decisionmaking at state, regional, and local levels.   updated.