California 2021-2022 Regular Session

California Assembly Bill AB1757 Compare Versions

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1-Assembly Bill No. 1757 CHAPTER 341An act to add Section 38561.5 to the Health and Safety Code, relating to greenhouse gases. [ Approved by Governor September 16, 2022. Filed with Secretary of State September 16, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1757, Cristina Garcia. California Global Warming Solutions Act of 2006: climate goal: natural and working lands.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the states climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.This bill would require the Natural Resources Agency, in collaboration with specified entities including the state board and the expert advisory committee described below, to determine on or before January 1, 2024, an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. The bill would require these targets to be integrated into the above-described scoping plan and other state policies. The bill would require the Natural Resources Agency, in consultation with specified agencies including the state board, to review and update the Natural and Working Lands Climate Smart Strategy to achieve these targets. The bill would require the Natural Resources Agency and the state board to jointly establish an expert advisory committee to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of the provisions of the bill. The bill would require the Natural Resources Agency to publish data on its internet website on progress made in achieving these targets, as specified.This bill would require the state board, no later than January 1, 2025, to develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. The bill would require the state board, in estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural working lands, to take into account, where feasible, greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands and the potential impacts of climate change on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.(2) The states forests, agricultural lands, rangelands, wetlands, oceans, and other natural and working landscapes define the beauty and well-being of our state, but tragically are suffering increasing degradation caused by a changing climate.(3) While the states natural and working landscapes confront impacts from climate change, they continue to provide a valuable carbon sequestration service that can help the state meet its long-term climate, public health, environmental, and economic goals.(4) Nations came together to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change, which calls for preventing average global temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial levels and pursuing efforts to keep warming below 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels. (5) The state has strong partnerships through the Under2Coalition, with more than 200 jurisdictions around the world, representing 1.3 billion people, committing themselves to meeting the Paris Agreement goals and going beyond them wherever possible.(6) Scientists agree that worldwide carbon pollution must start trending downward immediately, and carbon neutrality, which is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions, must be achieved by midcentury.(7) The achievement of carbon neutrality will require both significant reductions in carbon pollution and the removal of carbon dioxide from the atmosphere, including sequestration in forests, soils, and other natural landscapes.(8) California, through two executive orders, Executive Order No. N-82-20 and Executive Order No. B-55-18, has acknowledged that the states natural and working lands have a critical role to play in the states climate strategy and ability to achieve carbon neutrality.(9) Strategies that include the states natural and working lands to address climate change should also support associated values and benefits, such as food and job security, biodiversity, wildlife habitat, and water and air quality protection.(10) The State Air Resources Boards 2017 Climate Change Scoping Plan, prepared pursuant to Section 38561 of the Health and Safety Code, charts the steps to achieve the states greenhouse gas emissions goals, presenting a balanced set of economically viable and technologically feasible actions for carbon reduction.(11) The state has taken the following specific steps to reduce greenhouse gas emissions:(A) Requiring significant reductions of destructive super pollutants, including black carbon and methane.(B) Supporting clean transportation to reduce petroleum use by 45 percent by 2030, as outlined in the State Air Resources Boards 2017 Climate Change Scoping Plan prepared pursuant to Section 38561 of the Health and Safety Code.(C) Setting a goal of 5 million zero-emission vehicles by 2030 in Executive Order No. B-48-18.(D) Proposing to double the reduction in the carbon intensity of fuels through the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) by 2030.(E) Moving the state to 100 percent clean energy by 2045 pursuant to Section 454.53 of the Public Utilities Code.(F) Requiring the state to double the rate of energy efficiency savings in buildings.(G) Extending and improving the states market-based compliance mechanism, commonly known as cap and trade.(H) Directing the cap-and-trade moneys to greenhouse gas emissions-reducing programs that benefit disadvantaged communities.(I) Developing a Forest Carbon Plan to better manage the states forest land.(J) Establishing 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 in Section 42649.87 of the Public Resources Code.(b) It is the intent of the Legislature that the state accomplish all of the following:(1) All policies and programs undertaken to achieve carbon neutrality seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.(2) All policies and programs undertaken to achieve carbon neutrality be implemented in a manner that maximizes ecological health and biodiversity and supports climate adaptation, including the protection of the states water supply, water quality, and native plants and animals.(3) State agencies engage the support, participation, and partnership of universities, businesses, investors, and communities, as appropriate, to achieve greenhouse gas emissions reductions goals.SEC. 2. Section 38561.5 is added to the Health and Safety Code, to read:38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
1+Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate August 28, 2022 Amended IN Assembly May 10, 2022 Amended IN Assembly April 27, 2022 Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1757Introduced by Assembly Members Cristina Garcia and Robert Rivas(Coauthors: Assembly Members Friedman, Haney, Luz Rivas, Muratsuchi, and Stone)(Coauthors: Senators Allen, Becker, Hertzberg, Laird, Limn, Skinner, and Wieckowski)February 02, 2022An act to add Section 38561.5 to the Health and Safety Code, relating to greenhouse gases.LEGISLATIVE COUNSEL'S DIGESTAB 1757, Cristina Garcia. California Global Warming Solutions Act of 2006: climate goal: natural and working lands.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the states climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.This bill would require the Natural Resources Agency, in collaboration with specified entities including the state board and the expert advisory committee described below, to determine on or before January 1, 2024, an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. The bill would require these targets to be integrated into the above-described scoping plan and other state policies. The bill would require the Natural Resources Agency, in consultation with specified agencies including the state board, to review and update the Natural and Working Lands Climate Smart Strategy to achieve these targets. The bill would require the Natural Resources Agency and the state board to jointly establish an expert advisory committee to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of the provisions of the bill. The bill would require the Natural Resources Agency to publish data on its internet website on progress made in achieving these targets, as specified.This bill would require the state board, no later than January 1, 2025, to develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. The bill would require the state board, in estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural working lands, to take into account, where feasible, greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands and the potential impacts of climate change on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.(2) The states forests, agricultural lands, rangelands, wetlands, oceans, and other natural and working landscapes define the beauty and well-being of our state, but tragically are suffering increasing degradation caused by a changing climate.(3) While the states natural and working landscapes confront impacts from climate change, they continue to provide a valuable carbon sequestration service that can help the state meet its long-term climate, public health, environmental, and economic goals.(4) Nations came together to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change, which calls for preventing average global temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial levels and pursuing efforts to keep warming below 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels. (5) The state has strong partnerships through the Under2Coalition, with more than 200 jurisdictions around the world, representing 1.3 billion people, committing themselves to meeting the Paris Agreement goals and going beyond them wherever possible.(6) Scientists agree that worldwide carbon pollution must start trending downward immediately, and carbon neutrality, which is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions, must be achieved by midcentury.(7) The achievement of carbon neutrality will require both significant reductions in carbon pollution and the removal of carbon dioxide from the atmosphere, including sequestration in forests, soils, and other natural landscapes.(8) California, through two executive orders, Executive Order No. N-82-20 and Executive Order No. B-55-18, has acknowledged that the states natural and working lands have a critical role to play in the states climate strategy and ability to achieve carbon neutrality.(9) Strategies that include the states natural and working lands to address climate change should also support associated values and benefits, such as food and job security, biodiversity, wildlife habitat, and water and air quality protection.(10) The State Air Resources Boards 2017 Climate Change Scoping Plan, prepared pursuant to Section 38561 of the Health and Safety Code, charts the steps to achieve the states greenhouse gas emissions goals, presenting a balanced set of economically viable and technologically feasible actions for carbon reduction.(11) The state has taken the following specific steps to reduce greenhouse gas emissions:(A) Requiring significant reductions of destructive super pollutants, including black carbon and methane.(B) Supporting clean transportation to reduce petroleum use by 45 percent by 2030, as outlined in the State Air Resources Boards 2017 Climate Change Scoping Plan prepared pursuant to Section 38561 of the Health and Safety Code.(C) Setting a goal of 5 million zero-emission vehicles by 2030 in Executive Order No. B-48-18.(D) Proposing to double the reduction in the carbon intensity of fuels through the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) by 2030.(E) Moving the state to 100 percent clean energy by 2045 pursuant to Section 454.53 of the Public Utilities Code.(F) Requiring the state to double the rate of energy efficiency savings in buildings.(G) Extending and improving the states market-based compliance mechanism, commonly known as cap and trade.(H) Directing the cap-and-trade moneys to greenhouse gas emissions-reducing programs that benefit disadvantaged communities.(I) Developing a Forest Carbon Plan to better manage the states forest land.(J) Establishing 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 in Section 42649.87 of the Public Resources Code.(b) It is the intent of the Legislature that the state accomplish all of the following:(1) All policies and programs undertaken to achieve carbon neutrality seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.(2) All policies and programs undertaken to achieve carbon neutrality be implemented in a manner that maximizes ecological health and biodiversity and supports climate adaptation, including the protection of the states water supply, water quality, and native plants and animals.(3) State agencies engage the support, participation, and partnership of universities, businesses, investors, and communities, as appropriate, to achieve greenhouse gas emissions reductions goals.SEC. 2. Section 38561.5 is added to the Health and Safety Code, to read:38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
22
3- Assembly Bill No. 1757 CHAPTER 341An act to add Section 38561.5 to the Health and Safety Code, relating to greenhouse gases. [ Approved by Governor September 16, 2022. Filed with Secretary of State September 16, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 1757, Cristina Garcia. California Global Warming Solutions Act of 2006: climate goal: natural and working lands.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the states climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.This bill would require the Natural Resources Agency, in collaboration with specified entities including the state board and the expert advisory committee described below, to determine on or before January 1, 2024, an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. The bill would require these targets to be integrated into the above-described scoping plan and other state policies. The bill would require the Natural Resources Agency, in consultation with specified agencies including the state board, to review and update the Natural and Working Lands Climate Smart Strategy to achieve these targets. The bill would require the Natural Resources Agency and the state board to jointly establish an expert advisory committee to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of the provisions of the bill. The bill would require the Natural Resources Agency to publish data on its internet website on progress made in achieving these targets, as specified.This bill would require the state board, no later than January 1, 2025, to develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. The bill would require the state board, in estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural working lands, to take into account, where feasible, greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands and the potential impacts of climate change on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate August 28, 2022 Amended IN Assembly May 10, 2022 Amended IN Assembly April 27, 2022 Amended IN Assembly March 10, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1757Introduced by Assembly Members Cristina Garcia and Robert Rivas(Coauthors: Assembly Members Friedman, Haney, Luz Rivas, Muratsuchi, and Stone)(Coauthors: Senators Allen, Becker, Hertzberg, Laird, Limn, Skinner, and Wieckowski)February 02, 2022An act to add Section 38561.5 to the Health and Safety Code, relating to greenhouse gases.LEGISLATIVE COUNSEL'S DIGESTAB 1757, Cristina Garcia. California Global Warming Solutions Act of 2006: climate goal: natural and working lands.The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the states climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.This bill would require the Natural Resources Agency, in collaboration with specified entities including the state board and the expert advisory committee described below, to determine on or before January 1, 2024, an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. The bill would require these targets to be integrated into the above-described scoping plan and other state policies. The bill would require the Natural Resources Agency, in consultation with specified agencies including the state board, to review and update the Natural and Working Lands Climate Smart Strategy to achieve these targets. The bill would require the Natural Resources Agency and the state board to jointly establish an expert advisory committee to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of the provisions of the bill. The bill would require the Natural Resources Agency to publish data on its internet website on progress made in achieving these targets, as specified.This bill would require the state board, no later than January 1, 2025, to develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. The bill would require the state board, in estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural working lands, to take into account, where feasible, greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands and the potential impacts of climate change on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Assembly Bill No. 1757 CHAPTER 341
5+ Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate August 28, 2022 Amended IN Assembly May 10, 2022 Amended IN Assembly April 27, 2022 Amended IN Assembly March 10, 2022
66
7- Assembly Bill No. 1757
7+Enrolled September 02, 2022
8+Passed IN Senate August 31, 2022
9+Passed IN Assembly August 31, 2022
10+Amended IN Senate August 28, 2022
11+Amended IN Assembly May 10, 2022
12+Amended IN Assembly April 27, 2022
13+Amended IN Assembly March 10, 2022
814
9- CHAPTER 341
15+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
16+
17+ Assembly Bill
18+
19+No. 1757
20+
21+Introduced by Assembly Members Cristina Garcia and Robert Rivas(Coauthors: Assembly Members Friedman, Haney, Luz Rivas, Muratsuchi, and Stone)(Coauthors: Senators Allen, Becker, Hertzberg, Laird, Limn, Skinner, and Wieckowski)February 02, 2022
22+
23+Introduced by Assembly Members Cristina Garcia and Robert Rivas(Coauthors: Assembly Members Friedman, Haney, Luz Rivas, Muratsuchi, and Stone)(Coauthors: Senators Allen, Becker, Hertzberg, Laird, Limn, Skinner, and Wieckowski)
24+February 02, 2022
1025
1126 An act to add Section 38561.5 to the Health and Safety Code, relating to greenhouse gases.
12-
13- [ Approved by Governor September 16, 2022. Filed with Secretary of State September 16, 2022. ]
1427
1528 LEGISLATIVE COUNSEL'S DIGEST
1629
1730 ## LEGISLATIVE COUNSEL'S DIGEST
1831
1932 AB 1757, Cristina Garcia. California Global Warming Solutions Act of 2006: climate goal: natural and working lands.
2033
2134 The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the states climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.This bill would require the Natural Resources Agency, in collaboration with specified entities including the state board and the expert advisory committee described below, to determine on or before January 1, 2024, an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. The bill would require these targets to be integrated into the above-described scoping plan and other state policies. The bill would require the Natural Resources Agency, in consultation with specified agencies including the state board, to review and update the Natural and Working Lands Climate Smart Strategy to achieve these targets. The bill would require the Natural Resources Agency and the state board to jointly establish an expert advisory committee to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of the provisions of the bill. The bill would require the Natural Resources Agency to publish data on its internet website on progress made in achieving these targets, as specified.This bill would require the state board, no later than January 1, 2025, to develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. The bill would require the state board, in estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural working lands, to take into account, where feasible, greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands and the potential impacts of climate change on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.
2235
2336 The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.
2437
2538 Existing law requires, no later than July 1, 2023, the Natural Resources Agency, in coordination with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, and other relevant state agencies, to establish the Natural and Working Lands Climate Smart Strategy and, in developing the strategy, to create a framework to advance the states climate goals. Existing law requires the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.
2639
2740 This bill would require the Natural Resources Agency, in collaboration with specified entities including the state board and the expert advisory committee described below, to determine on or before January 1, 2024, an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. The bill would require these targets to be integrated into the above-described scoping plan and other state policies. The bill would require the Natural Resources Agency, in consultation with specified agencies including the state board, to review and update the Natural and Working Lands Climate Smart Strategy to achieve these targets. The bill would require the Natural Resources Agency and the state board to jointly establish an expert advisory committee to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of the provisions of the bill. The bill would require the Natural Resources Agency to publish data on its internet website on progress made in achieving these targets, as specified.
2841
2942 This bill would require the state board, no later than January 1, 2025, to develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. The bill would require the state board, in estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural working lands, to take into account, where feasible, greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands and the potential impacts of climate change on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.
3043
3144 ## Digest Key
3245
3346 ## Bill Text
3447
3548 The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.(2) The states forests, agricultural lands, rangelands, wetlands, oceans, and other natural and working landscapes define the beauty and well-being of our state, but tragically are suffering increasing degradation caused by a changing climate.(3) While the states natural and working landscapes confront impacts from climate change, they continue to provide a valuable carbon sequestration service that can help the state meet its long-term climate, public health, environmental, and economic goals.(4) Nations came together to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change, which calls for preventing average global temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial levels and pursuing efforts to keep warming below 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels. (5) The state has strong partnerships through the Under2Coalition, with more than 200 jurisdictions around the world, representing 1.3 billion people, committing themselves to meeting the Paris Agreement goals and going beyond them wherever possible.(6) Scientists agree that worldwide carbon pollution must start trending downward immediately, and carbon neutrality, which is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions, must be achieved by midcentury.(7) The achievement of carbon neutrality will require both significant reductions in carbon pollution and the removal of carbon dioxide from the atmosphere, including sequestration in forests, soils, and other natural landscapes.(8) California, through two executive orders, Executive Order No. N-82-20 and Executive Order No. B-55-18, has acknowledged that the states natural and working lands have a critical role to play in the states climate strategy and ability to achieve carbon neutrality.(9) Strategies that include the states natural and working lands to address climate change should also support associated values and benefits, such as food and job security, biodiversity, wildlife habitat, and water and air quality protection.(10) The State Air Resources Boards 2017 Climate Change Scoping Plan, prepared pursuant to Section 38561 of the Health and Safety Code, charts the steps to achieve the states greenhouse gas emissions goals, presenting a balanced set of economically viable and technologically feasible actions for carbon reduction.(11) The state has taken the following specific steps to reduce greenhouse gas emissions:(A) Requiring significant reductions of destructive super pollutants, including black carbon and methane.(B) Supporting clean transportation to reduce petroleum use by 45 percent by 2030, as outlined in the State Air Resources Boards 2017 Climate Change Scoping Plan prepared pursuant to Section 38561 of the Health and Safety Code.(C) Setting a goal of 5 million zero-emission vehicles by 2030 in Executive Order No. B-48-18.(D) Proposing to double the reduction in the carbon intensity of fuels through the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) by 2030.(E) Moving the state to 100 percent clean energy by 2045 pursuant to Section 454.53 of the Public Utilities Code.(F) Requiring the state to double the rate of energy efficiency savings in buildings.(G) Extending and improving the states market-based compliance mechanism, commonly known as cap and trade.(H) Directing the cap-and-trade moneys to greenhouse gas emissions-reducing programs that benefit disadvantaged communities.(I) Developing a Forest Carbon Plan to better manage the states forest land.(J) Establishing 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 in Section 42649.87 of the Public Resources Code.(b) It is the intent of the Legislature that the state accomplish all of the following:(1) All policies and programs undertaken to achieve carbon neutrality seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.(2) All policies and programs undertaken to achieve carbon neutrality be implemented in a manner that maximizes ecological health and biodiversity and supports climate adaptation, including the protection of the states water supply, water quality, and native plants and animals.(3) State agencies engage the support, participation, and partnership of universities, businesses, investors, and communities, as appropriate, to achieve greenhouse gas emissions reductions goals.SEC. 2. Section 38561.5 is added to the Health and Safety Code, to read:38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
3649
3750 The people of the State of California do enact as follows:
3851
3952 ## The people of the State of California do enact as follows:
4053
4154 SECTION 1. (a) The Legislature finds and declares all of the following:(1) Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.(2) The states forests, agricultural lands, rangelands, wetlands, oceans, and other natural and working landscapes define the beauty and well-being of our state, but tragically are suffering increasing degradation caused by a changing climate.(3) While the states natural and working landscapes confront impacts from climate change, they continue to provide a valuable carbon sequestration service that can help the state meet its long-term climate, public health, environmental, and economic goals.(4) Nations came together to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change, which calls for preventing average global temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial levels and pursuing efforts to keep warming below 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels. (5) The state has strong partnerships through the Under2Coalition, with more than 200 jurisdictions around the world, representing 1.3 billion people, committing themselves to meeting the Paris Agreement goals and going beyond them wherever possible.(6) Scientists agree that worldwide carbon pollution must start trending downward immediately, and carbon neutrality, which is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions, must be achieved by midcentury.(7) The achievement of carbon neutrality will require both significant reductions in carbon pollution and the removal of carbon dioxide from the atmosphere, including sequestration in forests, soils, and other natural landscapes.(8) California, through two executive orders, Executive Order No. N-82-20 and Executive Order No. B-55-18, has acknowledged that the states natural and working lands have a critical role to play in the states climate strategy and ability to achieve carbon neutrality.(9) Strategies that include the states natural and working lands to address climate change should also support associated values and benefits, such as food and job security, biodiversity, wildlife habitat, and water and air quality protection.(10) The State Air Resources Boards 2017 Climate Change Scoping Plan, prepared pursuant to Section 38561 of the Health and Safety Code, charts the steps to achieve the states greenhouse gas emissions goals, presenting a balanced set of economically viable and technologically feasible actions for carbon reduction.(11) The state has taken the following specific steps to reduce greenhouse gas emissions:(A) Requiring significant reductions of destructive super pollutants, including black carbon and methane.(B) Supporting clean transportation to reduce petroleum use by 45 percent by 2030, as outlined in the State Air Resources Boards 2017 Climate Change Scoping Plan prepared pursuant to Section 38561 of the Health and Safety Code.(C) Setting a goal of 5 million zero-emission vehicles by 2030 in Executive Order No. B-48-18.(D) Proposing to double the reduction in the carbon intensity of fuels through the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) by 2030.(E) Moving the state to 100 percent clean energy by 2045 pursuant to Section 454.53 of the Public Utilities Code.(F) Requiring the state to double the rate of energy efficiency savings in buildings.(G) Extending and improving the states market-based compliance mechanism, commonly known as cap and trade.(H) Directing the cap-and-trade moneys to greenhouse gas emissions-reducing programs that benefit disadvantaged communities.(I) Developing a Forest Carbon Plan to better manage the states forest land.(J) Establishing 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 in Section 42649.87 of the Public Resources Code.(b) It is the intent of the Legislature that the state accomplish all of the following:(1) All policies and programs undertaken to achieve carbon neutrality seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.(2) All policies and programs undertaken to achieve carbon neutrality be implemented in a manner that maximizes ecological health and biodiversity and supports climate adaptation, including the protection of the states water supply, water quality, and native plants and animals.(3) State agencies engage the support, participation, and partnership of universities, businesses, investors, and communities, as appropriate, to achieve greenhouse gas emissions reductions goals.
4255
4356 SECTION 1. (a) The Legislature finds and declares all of the following:(1) Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.(2) The states forests, agricultural lands, rangelands, wetlands, oceans, and other natural and working landscapes define the beauty and well-being of our state, but tragically are suffering increasing degradation caused by a changing climate.(3) While the states natural and working landscapes confront impacts from climate change, they continue to provide a valuable carbon sequestration service that can help the state meet its long-term climate, public health, environmental, and economic goals.(4) Nations came together to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change, which calls for preventing average global temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial levels and pursuing efforts to keep warming below 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels. (5) The state has strong partnerships through the Under2Coalition, with more than 200 jurisdictions around the world, representing 1.3 billion people, committing themselves to meeting the Paris Agreement goals and going beyond them wherever possible.(6) Scientists agree that worldwide carbon pollution must start trending downward immediately, and carbon neutrality, which is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions, must be achieved by midcentury.(7) The achievement of carbon neutrality will require both significant reductions in carbon pollution and the removal of carbon dioxide from the atmosphere, including sequestration in forests, soils, and other natural landscapes.(8) California, through two executive orders, Executive Order No. N-82-20 and Executive Order No. B-55-18, has acknowledged that the states natural and working lands have a critical role to play in the states climate strategy and ability to achieve carbon neutrality.(9) Strategies that include the states natural and working lands to address climate change should also support associated values and benefits, such as food and job security, biodiversity, wildlife habitat, and water and air quality protection.(10) The State Air Resources Boards 2017 Climate Change Scoping Plan, prepared pursuant to Section 38561 of the Health and Safety Code, charts the steps to achieve the states greenhouse gas emissions goals, presenting a balanced set of economically viable and technologically feasible actions for carbon reduction.(11) The state has taken the following specific steps to reduce greenhouse gas emissions:(A) Requiring significant reductions of destructive super pollutants, including black carbon and methane.(B) Supporting clean transportation to reduce petroleum use by 45 percent by 2030, as outlined in the State Air Resources Boards 2017 Climate Change Scoping Plan prepared pursuant to Section 38561 of the Health and Safety Code.(C) Setting a goal of 5 million zero-emission vehicles by 2030 in Executive Order No. B-48-18.(D) Proposing to double the reduction in the carbon intensity of fuels through the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) by 2030.(E) Moving the state to 100 percent clean energy by 2045 pursuant to Section 454.53 of the Public Utilities Code.(F) Requiring the state to double the rate of energy efficiency savings in buildings.(G) Extending and improving the states market-based compliance mechanism, commonly known as cap and trade.(H) Directing the cap-and-trade moneys to greenhouse gas emissions-reducing programs that benefit disadvantaged communities.(I) Developing a Forest Carbon Plan to better manage the states forest land.(J) Establishing 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 in Section 42649.87 of the Public Resources Code.(b) It is the intent of the Legislature that the state accomplish all of the following:(1) All policies and programs undertaken to achieve carbon neutrality seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.(2) All policies and programs undertaken to achieve carbon neutrality be implemented in a manner that maximizes ecological health and biodiversity and supports climate adaptation, including the protection of the states water supply, water quality, and native plants and animals.(3) State agencies engage the support, participation, and partnership of universities, businesses, investors, and communities, as appropriate, to achieve greenhouse gas emissions reductions goals.
4457
4558 SECTION 1. (a) The Legislature finds and declares all of the following:
4659
4760 ### SECTION 1.
4861
4962 (1) Climate change is causing historic droughts, devastating wildfires, torrential storms, extreme heat, the death of millions of trees, billions of dollars in property damage, and threats to human health and food supplies.
5063
5164 (2) The states forests, agricultural lands, rangelands, wetlands, oceans, and other natural and working landscapes define the beauty and well-being of our state, but tragically are suffering increasing degradation caused by a changing climate.
5265
5366 (3) While the states natural and working landscapes confront impacts from climate change, they continue to provide a valuable carbon sequestration service that can help the state meet its long-term climate, public health, environmental, and economic goals.
5467
5568 (4) Nations came together to adopt the Paris Agreement under the United Nations Framework Convention on Climate Change, which calls for preventing average global temperatures from rising more than 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial levels and pursuing efforts to keep warming below 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels.
5669
5770 (5) The state has strong partnerships through the Under2Coalition, with more than 200 jurisdictions around the world, representing 1.3 billion people, committing themselves to meeting the Paris Agreement goals and going beyond them wherever possible.
5871
5972 (6) Scientists agree that worldwide carbon pollution must start trending downward immediately, and carbon neutrality, which is the point at which the removal of carbon pollution from the atmosphere meets or exceeds emissions, must be achieved by midcentury.
6073
6174 (7) The achievement of carbon neutrality will require both significant reductions in carbon pollution and the removal of carbon dioxide from the atmosphere, including sequestration in forests, soils, and other natural landscapes.
6275
6376 (8) California, through two executive orders, Executive Order No. N-82-20 and Executive Order No. B-55-18, has acknowledged that the states natural and working lands have a critical role to play in the states climate strategy and ability to achieve carbon neutrality.
6477
6578 (9) Strategies that include the states natural and working lands to address climate change should also support associated values and benefits, such as food and job security, biodiversity, wildlife habitat, and water and air quality protection.
6679
6780 (10) The State Air Resources Boards 2017 Climate Change Scoping Plan, prepared pursuant to Section 38561 of the Health and Safety Code, charts the steps to achieve the states greenhouse gas emissions goals, presenting a balanced set of economically viable and technologically feasible actions for carbon reduction.
6881
6982 (11) The state has taken the following specific steps to reduce greenhouse gas emissions:
7083
7184 (A) Requiring significant reductions of destructive super pollutants, including black carbon and methane.
7285
7386 (B) Supporting clean transportation to reduce petroleum use by 45 percent by 2030, as outlined in the State Air Resources Boards 2017 Climate Change Scoping Plan prepared pursuant to Section 38561 of the Health and Safety Code.
7487
7588 (C) Setting a goal of 5 million zero-emission vehicles by 2030 in Executive Order No. B-48-18.
7689
7790 (D) Proposing to double the reduction in the carbon intensity of fuels through the Low Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) by 2030.
7891
7992 (E) Moving the state to 100 percent clean energy by 2045 pursuant to Section 454.53 of the Public Utilities Code.
8093
8194 (F) Requiring the state to double the rate of energy efficiency savings in buildings.
8295
8396 (G) Extending and improving the states market-based compliance mechanism, commonly known as cap and trade.
8497
8598 (H) Directing the cap-and-trade moneys to greenhouse gas emissions-reducing programs that benefit disadvantaged communities.
8699
87100 (I) Developing a Forest Carbon Plan to better manage the states forest land.
88101
89102 (J) Establishing 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 in Section 42649.87 of the Public Resources Code.
90103
91104 (b) It is the intent of the Legislature that the state accomplish all of the following:
92105
93106 (1) All policies and programs undertaken to achieve carbon neutrality seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities.
94107
95108 (2) All policies and programs undertaken to achieve carbon neutrality be implemented in a manner that maximizes ecological health and biodiversity and supports climate adaptation, including the protection of the states water supply, water quality, and native plants and animals.
96109
97110 (3) State agencies engage the support, participation, and partnership of universities, businesses, investors, and communities, as appropriate, to achieve greenhouse gas emissions reductions goals.
98111
99112 SEC. 2. Section 38561.5 is added to the Health and Safety Code, to read:38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
100113
101114 SEC. 2. Section 38561.5 is added to the Health and Safety Code, to read:
102115
103116 ### SEC. 2.
104117
105118 38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
106119
107120 38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
108121
109122 38561.5. (a) For purposes of this section, the following definitions apply:(1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.(2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code. (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.(4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code. (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.(b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.(2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.(3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.(B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.(4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).(5) The review and update pursuant to paragraph (4) shall include all of the following:(A) Descriptions of the actions and projects undertaken on natural and working lands to date.(B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.(C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.(D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.(E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.(F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).(G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).(H) Recommendations from the expert advisory committee established pursuant to subdivision (c).(c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.(d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:(1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.(2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.(e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.
110123
111124
112125
113126 38561.5. (a) For purposes of this section, the following definitions apply:
114127
115128 (1) Natural carbon sequestration means actions that are undertaken on natural and working lands to remove and provide storage of atmospheric greenhouse gases in vegetation and soils. This shall include preservation, conservation, restoration, and sustainable management of these lands, which may include compost application, cover crops, hedgerows, planned grazing, urban forestry, riparian restoration, restoration of tidal flows to wetlands, and other forms of wetland restoration, among other relevant actions.
116129
117130 (2) Natural lands has the same meaning as set forth in paragraph (2) of subdivision (d) of Section 9001.5 of the Public Resources Code.
118131
119132 (3) Nature-based climate solutions means activities, such as restoration, conservation, and land management actions, that increase net carbon sequestration or reduce greenhouse gas emissions in natural and working lands.
120133
121134 (4) Vulnerable communities has the same meaning as set forth in subdivision (d) of Section 71340 of the Public Resources Code.
122135
123136 (5) Working lands has the same meaning as set forth in paragraph (1) of subdivision (d) of Section 9001.5 of the Public Resources Code.
124137
125138 (b) (1) On or before January 1, 2024, the Natural Resources Agency, in collaboration with the state board, the California Environmental Protection Agency, the Department of Food and Agriculture, the expert advisory committee established pursuant to subdivision (c), and other relevant state agencies, shall determine an ambitious range of targets for natural carbon sequestration, and for nature-based climate solutions, that reduce greenhouse gas emissions for 2030, 2038, and 2045 to support state goals to achieve carbon neutrality and foster climate adaptation and resilience. These targets shall be integrated into the scoping plan prepared pursuant to Section 38561 and other state policies.
126139
127140 (2) Projects and actions developed to achieve the targets established pursuant to paragraph (1) shall support the states efforts to achieve carbon neutrality, take into account climate impacts, increase resilience to climate change impacts, reduce greenhouse gas emissions, and enhance carbon sequestration in a manner thatmaximizes ecological health and biodiversity, andcomplements other climate and resources goals.
128141
129142 (3) (A) The state board shall ensure that all emissions reductions from projects and actions developed to achieve the targets established pursuant to paragraph (1) shall be accounted for in a manner that does not result in double counting of emissions reductions.
130143
131144 (B) Notwithstanding any other law, emissions reduction projects and actions that receive state funding are not eligible to generate credits under any market-based compliance mechanism.
132145
133146 (4) On or before January 1, 2025, the Natural Resources Agency, in consultation with the state board, the California Environmental Protection Agency, and the Department of Food and Agriculture, shall review and update the Natural and Working Lands Climate Smart Strategy established pursuant to Section 39740.2 to achieve the targets established pursuant to paragraph (1).
134147
135148 (5) The review and update pursuant to paragraph (4) shall include all of the following:
136149
137150 (A) Descriptions of the actions and projects undertaken on natural and working lands to date.
138151
139152 (B) Quantified progress on emissions reductions, natural carbon sequestration, and cobenefits.
140153
141154 (C) A description of how the relevant agencies calculated emissions reductions, natural carbon sequestration, and cobenefits.
142155
143156 (D) A summary of the benefits to low-income communities, disadvantaged communities, vulnerable communities, disadvantaged farmers, and Native American tribes.
144157
145158 (E) An evaluation of the efficacy of the priority nature-based solutions, pathways, and priority actions for greenhouse gas reductions, climate resilience, and climate change adaptation.
146159
147160 (F) Identification and description of any barriers to achieving the range of targets pursuant to paragraph (1).
148161
149162 (G) Recommendations to address the barriers identified in subparagraph (F) to achieve the range of targets pursuant to paragraph (1).
150163
151164 (H) Recommendations from the expert advisory committee established pursuant to subdivision (c).
152165
153166 (c) The Natural Resources Agency and the state board shall jointly establish an expert advisory committee that is composed of university researchers, technical assistance providers, practitioners and other experts in the field of climate change and natural and working lands science and management, and Indigenous and environmental justice representatives, to inform and review modeling and analyses for natural and working lands, to advise state agencies on implementation strategies and standardized accounting, and to provide recommendations on addressing barriers to efficient implementation of this section.
154167
155168 (d) No later than January 1, 2025, the state board shall develop standard methods for state agencies to consistently track greenhouse gas emissions and reductions, carbon sequestration, and, where feasible and in consultation with the Natural Resources Agency and the Department of Food and Agriculture, additional benefits from natural and working lands over time. In estimating and tracking greenhouse gas emissions and reductions and carbon sequestration from natural and working lands, the state board shall take into account, where feasible, both of the following:
156169
157170 (1) Greenhouse gas emissions and reductions of carbon dioxide, methane, and nitrous oxide related to natural and working lands.
158171
159172 (2) Potential impacts of climate change, including, but not limited to, increased fire risk, warming temperatures, and decreasing precipitation, on the ability to reduce greenhouse gas emissions and sequester carbon from natural and working lands.
160173
161174 (e) On or before January 1, 2025, and every two years thereafter, the Natural Resources Agency shall publish data on its internet website on progress made in achieving the targets established pursuant to paragraph (1) of subdivision (b), including on state expenditures made to implement these targets.