Amended IN Senate June 13, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 28, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2076Introduced by Assembly Members Luz Rivas and Cristina Garcia(Principal coauthor: Senator Stern)(Coauthors: Assembly Members Arambula and Eduardo Garcia)February 14, 2022 An act to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, and to add Part 4.6 (commencing with Section 71361) to Division 34 of the Public Resources Code, relating to extreme heat. LEGISLATIVE COUNSEL'S DIGESTAB 2076, as amended, Luz Rivas. Extreme Heat and Community Resilience Program: Extreme Heat and Health Reporting System. (1) Existing law establishes the Office of Planning and Research in state government in the Governors office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP), to be administered by the office, to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. Existing law establishes within the office an advisory council comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. Existing law requires the advisory council to support the offices identified goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change.This bill would establish the Extreme Heat and Community Resilience Program in the office, to be administered by the office through ICARP, for the purpose of coordinating state efforts and supporting local and regional efforts to prevent or mitigate the impacts of, and reduce the public health risks of, heat. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer in the office to, among other things, implement the program and establish the Interagency Heat Taskforce, as provided. office to coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer to coordinate state activities and funding to address heat and oversee the implementation of the program. The bill would require the advisory council to, among other things, advise and provide input to the office on actions to improve the effectiveness of the program. The bill would require the office, when making appointments to the advisory council, to ensure that the advisory council is comprised of members with the necessary expertise to advise on the implementation of the program. Upon appropriation by the Legislature, the bill would require the office, as part of the program, to award grants and provide technical assistance to eligible entities, as defined, that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The bill would require the office, in the awarding of grants, to prioritize projects that serve disadvantaged or vulnerable communities, as specified, that demonstrate participation in a regional climate collaborative program, or that are a component of a comprehensive heat action plan. The bill would authorize the director to make advance payments, not to exceed 25% of the total award amount, from a grant awarded pursuant to the program. The bill would require the office, in administering the program, to review and consider climate science research and publications, as specified, and to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, as provided.The bill would require the office to draft and adopt guidelines, as provided, guidelines for awarding grants pursuant to the program to eligible entities. The bill would require projects awarded a grant to consider, and be informed by, the most recent California Climate Change Assessment. The bill would also exempt guidelines established by the office pursuant to the program from provisions of the Administrative Procedure Act.The bill would require the office, on or before January July 1, 2024, and every 2 years thereafter, to update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat, as provided. The bill would require all state agencies identified in the Extreme Heat Action Plan to coordinate with the office to assist in the implementation of the plan. The bill would also require the office to post the plan and subsequent updates on the offices internet website and to provide the plan and subsequent updates to the relevant policy and fiscal committees of the Legislature.The bill would establish the Extreme Heat and Community Resilience Fund in the State Treasury. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing the program.(2) Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases.This bill would require the department, on or before July 1, 2024, and upon appropriation by the Legislature, and in consultation with the Chief Heat Officer in the Office of Planning and Research, to establish and maintain the Extreme Heat and Health Reporting System, a syndromic surveillance system, to receive notice and data from local health departments, clinics, emergency rooms, hospitals, and other sources on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as specified. The bill would require the department to publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions, and to publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors. The bill would require all personal information obtained or maintained by the system to be confidential, the system and this information to be exempt from disclosure except as provided, and only deidentified aggregate patient or other consumer data to be included in the data and annual report published on the departments internet website.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.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. The Legislature finds and declares all of the following:(a) Extreme heat is a serious and growing threat to the public health and economy of California. As demonstrated in 2021, heat waves are becoming hotter, longer, and more frequent, widespread, and lethal.(b) Scientists predict that the threat from extreme heat events will increase. The Fourth California Climate Change Assessment predicted that heat waves could be 4 to 10 times more frequent, and deaths could increase by 2 to 3 times by 2050, compared with historical levels. Research concludes that the health, social, and economic impacts from heat will also escalate.(c) In 2020, high temperatures increased the demand for electricity, the risk of power outages throughout the state, and the cost of utility bills to consumers.(d) The burden of extreme heat is disproportionately borne by the most vulnerable populations, including seniors, children, pregnant persons, unsheltered persons, low-income earners, and communities of color. Both indoor and outdoor workers are susceptible to heat-related illnesses.(e) A wide variety of actions may be taken to reduce heat risk while also providing jobs and improving the quality of life for Californians.(f) The states response to heat is dispersed and uncoordinated. As reported in the Adapting to Extreme Heat in California: Assessing Gaps in State-Level Policies and Funding Opportunities, published in 2021 by the University of California, Los Angeles, Luskin Center for Innovation, There is no centrally responsible authority to provide technical assistance, strategic funding, or coordination to sister agencies to address the issue of heat. Authority for the regulation of extreme heat exposure is fragmented across numerous state agencies, which have setting-specific authority. SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 4. Extreme Heat and Health Reporting System131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.(e) (1) All personal information obtained or maintained by the system shall be confidential.(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c). (f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).SEC. 3. Part 4.6 (commencing with Section 71361) is added to Division 34 of the Public Resources Code, to read:PART 4.6. Extreme Heat and Community Resilience Program71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:(a) Advisory council means the council established pursuant to Section 71358. (a)(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:(1) Natural infrastructure.(2) Built infrastructure.(3) Social infrastructure.(4) Communications.(5) Planning.(6) Policy.(b)(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.(c)(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:(1) Extreme heat wave.(2) Heat health event.(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.(d)(e) Heat includes extreme heat and the urban heat island effect as defined in this section.(e)(f) Office means the Office of Planning and Research.(f)(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.(g)(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.(b)(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.(2)(A)Establish an Extreme Heat Advisory Council.(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.(ii)A county health department.(iii)A community organization.(iv)Academics.(v)An environmental justice organization.(vi)An environmental organization.(vii)A labor union.(viii)A cooling technology business.(ix)Students.(x)Seniors.(D)The Extreme Heat Advisory Council shall have no more than 25 members.(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.(2) The advisory council shall hold workshops to solicit input on the program, as needed.(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program. (c)(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.(F) Providing public hydration stations and other services needed during extreme heat events.(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.(d)(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.(5) Are components of a comprehensive heat action plan.(e)(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.(f)(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.(g)(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.(h)(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.(i)(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.(2) The program guidelines shall include all of the following:(A) Eligibility and selection criteria.(B) Criteria for determining the amount of a grant award.(C) Provisions for technical assistance to assist in application development, project development, or project implementation.(D) Reporting on the progress of active projects by grant recipients.(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.SEC. 4. The Legislature finds and declares that Section 2 of this act, which adds Section 131240 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect confidential and proprietary information submitted for inclusion in the Extreme Heat and Health Reporting System, it is necessary for that information to remain confidential.
Amended IN Senate June 13, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 28, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2076Introduced by Assembly Members Luz Rivas and Cristina Garcia(Principal coauthor: Senator Stern)(Coauthors: Assembly Members Arambula and Eduardo Garcia)February 14, 2022 An act to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, and to add Part 4.6 (commencing with Section 71361) to Division 34 of the Public Resources Code, relating to extreme heat. LEGISLATIVE COUNSEL'S DIGESTAB 2076, as amended, Luz Rivas. Extreme Heat and Community Resilience Program: Extreme Heat and Health Reporting System. (1) Existing law establishes the Office of Planning and Research in state government in the Governors office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP), to be administered by the office, to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. Existing law establishes within the office an advisory council comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. Existing law requires the advisory council to support the offices identified goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change.This bill would establish the Extreme Heat and Community Resilience Program in the office, to be administered by the office through ICARP, for the purpose of coordinating state efforts and supporting local and regional efforts to prevent or mitigate the impacts of, and reduce the public health risks of, heat. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer in the office to, among other things, implement the program and establish the Interagency Heat Taskforce, as provided. office to coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer to coordinate state activities and funding to address heat and oversee the implementation of the program. The bill would require the advisory council to, among other things, advise and provide input to the office on actions to improve the effectiveness of the program. The bill would require the office, when making appointments to the advisory council, to ensure that the advisory council is comprised of members with the necessary expertise to advise on the implementation of the program. Upon appropriation by the Legislature, the bill would require the office, as part of the program, to award grants and provide technical assistance to eligible entities, as defined, that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The bill would require the office, in the awarding of grants, to prioritize projects that serve disadvantaged or vulnerable communities, as specified, that demonstrate participation in a regional climate collaborative program, or that are a component of a comprehensive heat action plan. The bill would authorize the director to make advance payments, not to exceed 25% of the total award amount, from a grant awarded pursuant to the program. The bill would require the office, in administering the program, to review and consider climate science research and publications, as specified, and to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, as provided.The bill would require the office to draft and adopt guidelines, as provided, guidelines for awarding grants pursuant to the program to eligible entities. The bill would require projects awarded a grant to consider, and be informed by, the most recent California Climate Change Assessment. The bill would also exempt guidelines established by the office pursuant to the program from provisions of the Administrative Procedure Act.The bill would require the office, on or before January July 1, 2024, and every 2 years thereafter, to update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat, as provided. The bill would require all state agencies identified in the Extreme Heat Action Plan to coordinate with the office to assist in the implementation of the plan. The bill would also require the office to post the plan and subsequent updates on the offices internet website and to provide the plan and subsequent updates to the relevant policy and fiscal committees of the Legislature.The bill would establish the Extreme Heat and Community Resilience Fund in the State Treasury. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing the program.(2) Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases.This bill would require the department, on or before July 1, 2024, and upon appropriation by the Legislature, and in consultation with the Chief Heat Officer in the Office of Planning and Research, to establish and maintain the Extreme Heat and Health Reporting System, a syndromic surveillance system, to receive notice and data from local health departments, clinics, emergency rooms, hospitals, and other sources on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as specified. The bill would require the department to publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions, and to publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors. The bill would require all personal information obtained or maintained by the system to be confidential, the system and this information to be exempt from disclosure except as provided, and only deidentified aggregate patient or other consumer data to be included in the data and annual report published on the departments internet website.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 13, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 28, 2022 Amended IN Assembly March 23, 2022
Amended IN Senate June 13, 2022
Amended IN Assembly May 19, 2022
Amended IN Assembly April 28, 2022
Amended IN Assembly March 23, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2076
Introduced by Assembly Members Luz Rivas and Cristina Garcia(Principal coauthor: Senator Stern)(Coauthors: Assembly Members Arambula and Eduardo Garcia)February 14, 2022
Introduced by Assembly Members Luz Rivas and Cristina Garcia(Principal coauthor: Senator Stern)(Coauthors: Assembly Members Arambula and Eduardo Garcia)
February 14, 2022
An act to add Article 4 (commencing with Section 131240) to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, and to add Part 4.6 (commencing with Section 71361) to Division 34 of the Public Resources Code, relating to extreme heat.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2076, as amended, Luz Rivas. Extreme Heat and Community Resilience Program: Extreme Heat and Health Reporting System.
(1) Existing law establishes the Office of Planning and Research in state government in the Governors office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP), to be administered by the office, to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. Existing law establishes within the office an advisory council comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. Existing law requires the advisory council to support the offices identified goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change.This bill would establish the Extreme Heat and Community Resilience Program in the office, to be administered by the office through ICARP, for the purpose of coordinating state efforts and supporting local and regional efforts to prevent or mitigate the impacts of, and reduce the public health risks of, heat. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer in the office to, among other things, implement the program and establish the Interagency Heat Taskforce, as provided. office to coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer to coordinate state activities and funding to address heat and oversee the implementation of the program. The bill would require the advisory council to, among other things, advise and provide input to the office on actions to improve the effectiveness of the program. The bill would require the office, when making appointments to the advisory council, to ensure that the advisory council is comprised of members with the necessary expertise to advise on the implementation of the program. Upon appropriation by the Legislature, the bill would require the office, as part of the program, to award grants and provide technical assistance to eligible entities, as defined, that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The bill would require the office, in the awarding of grants, to prioritize projects that serve disadvantaged or vulnerable communities, as specified, that demonstrate participation in a regional climate collaborative program, or that are a component of a comprehensive heat action plan. The bill would authorize the director to make advance payments, not to exceed 25% of the total award amount, from a grant awarded pursuant to the program. The bill would require the office, in administering the program, to review and consider climate science research and publications, as specified, and to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, as provided.The bill would require the office to draft and adopt guidelines, as provided, guidelines for awarding grants pursuant to the program to eligible entities. The bill would require projects awarded a grant to consider, and be informed by, the most recent California Climate Change Assessment. The bill would also exempt guidelines established by the office pursuant to the program from provisions of the Administrative Procedure Act.The bill would require the office, on or before January July 1, 2024, and every 2 years thereafter, to update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat, as provided. The bill would require all state agencies identified in the Extreme Heat Action Plan to coordinate with the office to assist in the implementation of the plan. The bill would also require the office to post the plan and subsequent updates on the offices internet website and to provide the plan and subsequent updates to the relevant policy and fiscal committees of the Legislature.The bill would establish the Extreme Heat and Community Resilience Fund in the State Treasury. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing the program.(2) Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases.This bill would require the department, on or before July 1, 2024, and upon appropriation by the Legislature, and in consultation with the Chief Heat Officer in the Office of Planning and Research, to establish and maintain the Extreme Heat and Health Reporting System, a syndromic surveillance system, to receive notice and data from local health departments, clinics, emergency rooms, hospitals, and other sources on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as specified. The bill would require the department to publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions, and to publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors. The bill would require all personal information obtained or maintained by the system to be confidential, the system and this information to be exempt from disclosure except as provided, and only deidentified aggregate patient or other consumer data to be included in the data and annual report published on the departments internet website.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
(1) Existing law establishes the Office of Planning and Research in state government in the Governors office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program (ICARP), to be administered by the office, to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed. Existing law establishes within the office an advisory council comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. Existing law requires the advisory council to support the offices identified goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change.
This bill would establish the Extreme Heat and Community Resilience Program in the office, to be administered by the office through ICARP, for the purpose of coordinating state efforts and supporting local and regional efforts to prevent or mitigate the impacts of, and reduce the public health risks of, heat. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer in the office to, among other things, implement the program and establish the Interagency Heat Taskforce, as provided. office to coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan. The bill would require the Director of State Planning and Research to appoint a Chief Heat Officer to coordinate state activities and funding to address heat and oversee the implementation of the program. The bill would require the advisory council to, among other things, advise and provide input to the office on actions to improve the effectiveness of the program. The bill would require the office, when making appointments to the advisory council, to ensure that the advisory council is comprised of members with the necessary expertise to advise on the implementation of the program. Upon appropriation by the Legislature, the bill would require the office, as part of the program, to award grants and provide technical assistance to eligible entities, as defined, that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The bill would require the office, in the awarding of grants, to prioritize projects that serve disadvantaged or vulnerable communities, as specified, that demonstrate participation in a regional climate collaborative program, or that are a component of a comprehensive heat action plan. The bill would authorize the director to make advance payments, not to exceed 25% of the total award amount, from a grant awarded pursuant to the program. The bill would require the office, in administering the program, to review and consider climate science research and publications, as specified, and to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, as provided.
The bill would require the office to draft and adopt guidelines, as provided, guidelines for awarding grants pursuant to the program to eligible entities. The bill would require projects awarded a grant to consider, and be informed by, the most recent California Climate Change Assessment. The bill would also exempt guidelines established by the office pursuant to the program from provisions of the Administrative Procedure Act.
The bill would require the office, on or before January July 1, 2024, and every 2 years thereafter, to update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat, as provided. The bill would require all state agencies identified in the Extreme Heat Action Plan to coordinate with the office to assist in the implementation of the plan. The bill would also require the office to post the plan and subsequent updates on the offices internet website and to provide the plan and subsequent updates to the relevant policy and fiscal committees of the Legislature.
The bill would establish the Extreme Heat and Community Resilience Fund in the State Treasury. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing the program.
(2) Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state, including licensing health facilities, regulating food and drug safety, and monitoring and preventing communicable and chronic diseases.
This bill would require the department, on or before July 1, 2024, and upon appropriation by the Legislature, and in consultation with the Chief Heat Officer in the Office of Planning and Research, to establish and maintain the Extreme Heat and Health Reporting System, a syndromic surveillance system, to receive notice and data from local health departments, clinics, emergency rooms, hospitals, and other sources on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as specified. The bill would require the department to publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions, and to publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors. The bill would require all personal information obtained or maintained by the system to be confidential, the system and this information to be exempt from disclosure except as provided, and only deidentified aggregate patient or other consumer data to be included in the data and annual report published on the departments internet website.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Extreme heat is a serious and growing threat to the public health and economy of California. As demonstrated in 2021, heat waves are becoming hotter, longer, and more frequent, widespread, and lethal.(b) Scientists predict that the threat from extreme heat events will increase. The Fourth California Climate Change Assessment predicted that heat waves could be 4 to 10 times more frequent, and deaths could increase by 2 to 3 times by 2050, compared with historical levels. Research concludes that the health, social, and economic impacts from heat will also escalate.(c) In 2020, high temperatures increased the demand for electricity, the risk of power outages throughout the state, and the cost of utility bills to consumers.(d) The burden of extreme heat is disproportionately borne by the most vulnerable populations, including seniors, children, pregnant persons, unsheltered persons, low-income earners, and communities of color. Both indoor and outdoor workers are susceptible to heat-related illnesses.(e) A wide variety of actions may be taken to reduce heat risk while also providing jobs and improving the quality of life for Californians.(f) The states response to heat is dispersed and uncoordinated. As reported in the Adapting to Extreme Heat in California: Assessing Gaps in State-Level Policies and Funding Opportunities, published in 2021 by the University of California, Los Angeles, Luskin Center for Innovation, There is no centrally responsible authority to provide technical assistance, strategic funding, or coordination to sister agencies to address the issue of heat. Authority for the regulation of extreme heat exposure is fragmented across numerous state agencies, which have setting-specific authority. SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 4. Extreme Heat and Health Reporting System131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.(e) (1) All personal information obtained or maintained by the system shall be confidential.(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c). (f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).SEC. 3. Part 4.6 (commencing with Section 71361) is added to Division 34 of the Public Resources Code, to read:PART 4.6. Extreme Heat and Community Resilience Program71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:(a) Advisory council means the council established pursuant to Section 71358. (a)(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:(1) Natural infrastructure.(2) Built infrastructure.(3) Social infrastructure.(4) Communications.(5) Planning.(6) Policy.(b)(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.(c)(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:(1) Extreme heat wave.(2) Heat health event.(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.(d)(e) Heat includes extreme heat and the urban heat island effect as defined in this section.(e)(f) Office means the Office of Planning and Research.(f)(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.(g)(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.(b)(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.(2)(A)Establish an Extreme Heat Advisory Council.(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.(ii)A county health department.(iii)A community organization.(iv)Academics.(v)An environmental justice organization.(vi)An environmental organization.(vii)A labor union.(viii)A cooling technology business.(ix)Students.(x)Seniors.(D)The Extreme Heat Advisory Council shall have no more than 25 members.(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.(2) The advisory council shall hold workshops to solicit input on the program, as needed.(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program. (c)(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.(F) Providing public hydration stations and other services needed during extreme heat events.(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.(d)(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.(5) Are components of a comprehensive heat action plan.(e)(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.(f)(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.(g)(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.(h)(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.(i)(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.(2) The program guidelines shall include all of the following:(A) Eligibility and selection criteria.(B) Criteria for determining the amount of a grant award.(C) Provisions for technical assistance to assist in application development, project development, or project implementation.(D) Reporting on the progress of active projects by grant recipients.(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.SEC. 4. The Legislature finds and declares that Section 2 of this act, which adds Section 131240 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect confidential and proprietary information submitted for inclusion in the Extreme Heat and Health Reporting System, it is necessary for that information to remain confidential.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Extreme heat is a serious and growing threat to the public health and economy of California. As demonstrated in 2021, heat waves are becoming hotter, longer, and more frequent, widespread, and lethal.(b) Scientists predict that the threat from extreme heat events will increase. The Fourth California Climate Change Assessment predicted that heat waves could be 4 to 10 times more frequent, and deaths could increase by 2 to 3 times by 2050, compared with historical levels. Research concludes that the health, social, and economic impacts from heat will also escalate.(c) In 2020, high temperatures increased the demand for electricity, the risk of power outages throughout the state, and the cost of utility bills to consumers.(d) The burden of extreme heat is disproportionately borne by the most vulnerable populations, including seniors, children, pregnant persons, unsheltered persons, low-income earners, and communities of color. Both indoor and outdoor workers are susceptible to heat-related illnesses.(e) A wide variety of actions may be taken to reduce heat risk while also providing jobs and improving the quality of life for Californians.(f) The states response to heat is dispersed and uncoordinated. As reported in the Adapting to Extreme Heat in California: Assessing Gaps in State-Level Policies and Funding Opportunities, published in 2021 by the University of California, Los Angeles, Luskin Center for Innovation, There is no centrally responsible authority to provide technical assistance, strategic funding, or coordination to sister agencies to address the issue of heat. Authority for the regulation of extreme heat exposure is fragmented across numerous state agencies, which have setting-specific authority.
SECTION 1. The Legislature finds and declares all of the following:(a) Extreme heat is a serious and growing threat to the public health and economy of California. As demonstrated in 2021, heat waves are becoming hotter, longer, and more frequent, widespread, and lethal.(b) Scientists predict that the threat from extreme heat events will increase. The Fourth California Climate Change Assessment predicted that heat waves could be 4 to 10 times more frequent, and deaths could increase by 2 to 3 times by 2050, compared with historical levels. Research concludes that the health, social, and economic impacts from heat will also escalate.(c) In 2020, high temperatures increased the demand for electricity, the risk of power outages throughout the state, and the cost of utility bills to consumers.(d) The burden of extreme heat is disproportionately borne by the most vulnerable populations, including seniors, children, pregnant persons, unsheltered persons, low-income earners, and communities of color. Both indoor and outdoor workers are susceptible to heat-related illnesses.(e) A wide variety of actions may be taken to reduce heat risk while also providing jobs and improving the quality of life for Californians.(f) The states response to heat is dispersed and uncoordinated. As reported in the Adapting to Extreme Heat in California: Assessing Gaps in State-Level Policies and Funding Opportunities, published in 2021 by the University of California, Los Angeles, Luskin Center for Innovation, There is no centrally responsible authority to provide technical assistance, strategic funding, or coordination to sister agencies to address the issue of heat. Authority for the regulation of extreme heat exposure is fragmented across numerous state agencies, which have setting-specific authority.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Extreme heat is a serious and growing threat to the public health and economy of California. As demonstrated in 2021, heat waves are becoming hotter, longer, and more frequent, widespread, and lethal.
(b) Scientists predict that the threat from extreme heat events will increase. The Fourth California Climate Change Assessment predicted that heat waves could be 4 to 10 times more frequent, and deaths could increase by 2 to 3 times by 2050, compared with historical levels. Research concludes that the health, social, and economic impacts from heat will also escalate.
(c) In 2020, high temperatures increased the demand for electricity, the risk of power outages throughout the state, and the cost of utility bills to consumers.
(d) The burden of extreme heat is disproportionately borne by the most vulnerable populations, including seniors, children, pregnant persons, unsheltered persons, low-income earners, and communities of color. Both indoor and outdoor workers are susceptible to heat-related illnesses.
(e) A wide variety of actions may be taken to reduce heat risk while also providing jobs and improving the quality of life for Californians.
(f) The states response to heat is dispersed and uncoordinated. As reported in the Adapting to Extreme Heat in California: Assessing Gaps in State-Level Policies and Funding Opportunities, published in 2021 by the University of California, Los Angeles, Luskin Center for Innovation, There is no centrally responsible authority to provide technical assistance, strategic funding, or coordination to sister agencies to address the issue of heat. Authority for the regulation of extreme heat exposure is fragmented across numerous state agencies, which have setting-specific authority.
SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read: Article 4. Extreme Heat and Health Reporting System131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.(e) (1) All personal information obtained or maintained by the system shall be confidential.(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c). (f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).
SEC. 2. Article 4 (commencing with Section 131240) is added to Chapter 2 of Part 1 of Division 112 of the Health and Safety Code, to read:
### SEC. 2.
Article 4. Extreme Heat and Health Reporting System131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.(e) (1) All personal information obtained or maintained by the system shall be confidential.(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c). (f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).
Article 4. Extreme Heat and Health Reporting System131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.(e) (1) All personal information obtained or maintained by the system shall be confidential.(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c). (f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).
Article 4. Extreme Heat and Health Reporting System
Article 4. Extreme Heat and Health Reporting System
131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.(e) (1) All personal information obtained or maintained by the system shall be confidential.(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c). (f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).
131240. (a) On or before July 1, 2024, upon appropriation by the Legislature, the department, in consultation with the Chief Heat Officer established pursuant to Section 71361.5 of the Public Resources Code, department shall establish and maintain the Extreme Heat and Health Reporting System, which shall be a syndromic surveillance system, to receive notice and data, as required by this section, from local health departments, clinics, emergency rooms, hospitals, and other sources, within a manner that is as timely and actionable as feasible, on illnesses, including emergency room visits, and deaths resulting from exposure to extreme heat, as defined in Section 71361 of the Public Resources Code.
(b) The department shall publish the data on its internet website as near to real-time as possible, including data identifying neighborhoods and subgroups in need of priority interventions.
(c) The department shall publish on its internet website an annual report on heat illness and deaths that includes findings regarding individual and community and neighborhood risk factors.
(d) (1) The purpose of the system is to assist local interventions and to identify and protect heat-vulnerable or other at-risk populations, including, but not limited to, seniors living alone and agricultural and other at-risk workers.
(2) The Office of Planning and Research may use data from the system to evaluate the implementation of the Extreme Heat and Community Resilience Program established pursuant to Part 4.6 (commencing with Section 71361) of Division 34 of the Public Resources Code, including, but not limited to, for consideration of grantmaking.
(e) (1) All personal information obtained or maintained by the system shall be confidential.
(2) Only deidentified aggregate patient or other consumer data shall be included in the data and annual report published on the departments internet website pursuant to subdivisions (b) and (c).
(f) All policies and procedures developed in implementing this article shall ensure that the privacy, security, and confidentiality of consumers individually identifiable health information is protected, consistent with state and federal privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) and the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and data shall not be disclosed until the department has developed a policy regarding the release of data.
(g) (1) The system and all personal information obtained or maintained by the system shall be exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall not be made available except pursuant to this article.
(2) The department shall develop policies and procedures for the disclosure of information described in paragraph (2) of subdivision (e).
SEC. 3. Part 4.6 (commencing with Section 71361) is added to Division 34 of the Public Resources Code, to read:PART 4.6. Extreme Heat and Community Resilience Program71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:(a) Advisory council means the council established pursuant to Section 71358. (a)(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:(1) Natural infrastructure.(2) Built infrastructure.(3) Social infrastructure.(4) Communications.(5) Planning.(6) Policy.(b)(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.(c)(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:(1) Extreme heat wave.(2) Heat health event.(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.(d)(e) Heat includes extreme heat and the urban heat island effect as defined in this section.(e)(f) Office means the Office of Planning and Research.(f)(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.(g)(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.(b)(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.(2)(A)Establish an Extreme Heat Advisory Council.(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.(ii)A county health department.(iii)A community organization.(iv)Academics.(v)An environmental justice organization.(vi)An environmental organization.(vii)A labor union.(viii)A cooling technology business.(ix)Students.(x)Seniors.(D)The Extreme Heat Advisory Council shall have no more than 25 members.(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.(2) The advisory council shall hold workshops to solicit input on the program, as needed.(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program. (c)(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.(F) Providing public hydration stations and other services needed during extreme heat events.(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.(d)(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.(5) Are components of a comprehensive heat action plan.(e)(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.(f)(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.(g)(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.(h)(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.(i)(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.(2) The program guidelines shall include all of the following:(A) Eligibility and selection criteria.(B) Criteria for determining the amount of a grant award.(C) Provisions for technical assistance to assist in application development, project development, or project implementation.(D) Reporting on the progress of active projects by grant recipients.(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.
SEC. 3. Part 4.6 (commencing with Section 71361) is added to Division 34 of the Public Resources Code, to read:
### SEC. 3.
PART 4.6. Extreme Heat and Community Resilience Program71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:(a) Advisory council means the council established pursuant to Section 71358. (a)(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:(1) Natural infrastructure.(2) Built infrastructure.(3) Social infrastructure.(4) Communications.(5) Planning.(6) Policy.(b)(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.(c)(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:(1) Extreme heat wave.(2) Heat health event.(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.(d)(e) Heat includes extreme heat and the urban heat island effect as defined in this section.(e)(f) Office means the Office of Planning and Research.(f)(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.(g)(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.(b)(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.(2)(A)Establish an Extreme Heat Advisory Council.(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.(ii)A county health department.(iii)A community organization.(iv)Academics.(v)An environmental justice organization.(vi)An environmental organization.(vii)A labor union.(viii)A cooling technology business.(ix)Students.(x)Seniors.(D)The Extreme Heat Advisory Council shall have no more than 25 members.(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.(2) The advisory council shall hold workshops to solicit input on the program, as needed.(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program. (c)(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.(F) Providing public hydration stations and other services needed during extreme heat events.(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.(d)(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.(5) Are components of a comprehensive heat action plan.(e)(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.(f)(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.(g)(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.(h)(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.(i)(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.(2) The program guidelines shall include all of the following:(A) Eligibility and selection criteria.(B) Criteria for determining the amount of a grant award.(C) Provisions for technical assistance to assist in application development, project development, or project implementation.(D) Reporting on the progress of active projects by grant recipients.(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.
PART 4.6. Extreme Heat and Community Resilience Program71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:(a) Advisory council means the council established pursuant to Section 71358. (a)(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:(1) Natural infrastructure.(2) Built infrastructure.(3) Social infrastructure.(4) Communications.(5) Planning.(6) Policy.(b)(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.(c)(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:(1) Extreme heat wave.(2) Heat health event.(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.(d)(e) Heat includes extreme heat and the urban heat island effect as defined in this section.(e)(f) Office means the Office of Planning and Research.(f)(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.(g)(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.(b)(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.(2)(A)Establish an Extreme Heat Advisory Council.(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.(ii)A county health department.(iii)A community organization.(iv)Academics.(v)An environmental justice organization.(vi)An environmental organization.(vii)A labor union.(viii)A cooling technology business.(ix)Students.(x)Seniors.(D)The Extreme Heat Advisory Council shall have no more than 25 members.(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.(2) The advisory council shall hold workshops to solicit input on the program, as needed.(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program. (c)(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.(F) Providing public hydration stations and other services needed during extreme heat events.(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.(d)(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.(5) Are components of a comprehensive heat action plan.(e)(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.(f)(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.(g)(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.(h)(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.(i)(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.(2) The program guidelines shall include all of the following:(A) Eligibility and selection criteria.(B) Criteria for determining the amount of a grant award.(C) Provisions for technical assistance to assist in application development, project development, or project implementation.(D) Reporting on the progress of active projects by grant recipients.(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.
PART 4.6. Extreme Heat and Community Resilience Program
PART 4.6. Extreme Heat and Community Resilience Program
71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:(a) Advisory council means the council established pursuant to Section 71358. (a)(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:(1) Natural infrastructure.(2) Built infrastructure.(3) Social infrastructure.(4) Communications.(5) Planning.(6) Policy.(b)(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.(c)(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:(1) Extreme heat wave.(2) Heat health event.(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.(d)(e) Heat includes extreme heat and the urban heat island effect as defined in this section.(e)(f) Office means the Office of Planning and Research.(f)(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.(g)(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.
71361. For purposes of this part, unless the context requires otherwise, the following definitions apply:
(a) Advisory council means the council established pursuant to Section 71358.
(a)
(b) Comprehensive heat action plan means a community-driven, multielement plan adopted by a local or regional entity that includes activities that address extreme heat or the urban heat island effect in four or more of the following areas:
(1) Natural infrastructure.
(2) Built infrastructure.
(3) Social infrastructure.
(4) Communications.
(5) Planning.
(6) Policy.
(b)
(c) Eligible entity means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project in communities.
(c)
(d) Extreme heat means increasing temperatures and other meteorological conditions that could result in any of the following:
(1) Extreme heat wave.
(2) Heat health event.
(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.
(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.
(d)
(e) Heat includes extreme heat and the urban heat island effect as defined in this section.
(e)
(f) Office means the Office of Planning and Research.
(f)
(g) Program means the Extreme Heat and Community Resilience Program established pursuant to Section 71361.5.
(g)
(h) Urban heat island effect means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the suns heat more than natural landscapes, such as forests or water bodies.
71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.(b)(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.(2)(A)Establish an Extreme Heat Advisory Council.(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.(ii)A county health department.(iii)A community organization.(iv)Academics.(v)An environmental justice organization.(vi)An environmental organization.(vii)A labor union.(viii)A cooling technology business.(ix)Students.(x)Seniors.(D)The Extreme Heat Advisory Council shall have no more than 25 members.(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.(2) The advisory council shall hold workshops to solicit input on the program, as needed.(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program. (c)(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.(F) Providing public hydration stations and other services needed during extreme heat events.(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.(d)(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.(5) Are components of a comprehensive heat action plan.(e)(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.(f)(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.(g)(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.(h)(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.(i)(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.
71361.5. (a) The Extreme Heat and Community Resilience Program is hereby established, and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354. The purpose of the program is to coordinate state efforts and support local and regional efforts to prevent or mitigate the impacts of and reduce the public health risks of heat.
(b) (1) The office shall coordinate with other state agencies to implement the program and update the Extreme Heat Action Plan.
(b)
(2) The Director of State Planning and Research shall appoint a Chief Heat Officer in the office to coordinate state activities and funding to address heat and implement oversee the implementation of the program. The Chief Heat Officer shall do all of the following:
(1)Establish, convene, and supervise an Interagency Heat Taskforce. In establishing the Interagency Heat Taskforce, the Chief Heat Officer shall do both of the following:
(A)Consult with relevant state agencies, including, but not limited to, the California Environmental Protection Agency.
(B)Include one representative from each agency and department that implements programs or provides grants that address heat, or engage in work impacted by heat, as determined by the Chief Heat Officer, on the Interagency Heat Taskforce.
(2)(A)Establish an Extreme Heat Advisory Council.
(B)The Extreme Heat Advisory Council shall advise the Chief Heat Officer and the Interagency Heat Taskforce on actions to improve coordination and effectiveness of state and local efforts that address heat.
(C)In establishing the Extreme Heat Advisory Council, the Chief Heat Officer shall appoint members with expertise in addressing heat and shall include at least one representative from any of the following:
(i)The Integrated Climate Adaptation and Resiliency Program advisory council established pursuant to Section 71358 with expertise in local government.
(ii)A county health department.
(iii)A community organization.
(iv)Academics.
(v)An environmental justice organization.
(vi)An environmental organization.
(vii)A labor union.
(viii)A cooling technology business.
(ix)Students.
(x)Seniors.
(D)The Extreme Heat Advisory Council shall have no more than 25 members.
(c) (1) The advisory council shall advise and provide input to the office on actions to improve coordination and effectiveness of the program, including, but not limited to, coordination with regional and local efforts to reduce the impacts of extreme heat.
(2) The advisory council shall hold workshops to solicit input on the program, as needed.
(3) Notwithstanding Section 71358, when making appointments to the advisory council, the office shall ensure that the advisory council is comprised of members with the necessary expertise to advise the implementation of the program. The office may create a subcommittee of the advisory council on extreme heat, if the office determines a subcommittee is necessary to implement the program.
(c)
(d) Upon an appropriation by the Legislature, the office, as part of the program, in coordination with the Strategic Growth Council, shall provide financial assistance, in the form of grant awards, and technical assistance to eligible entities that support local and regional efforts to mitigate the impacts and reduce the public health risks of heat. The office may award grants for either of the following purposes:
(1) To prepare or update a comprehensive heat action plan or component of another plan, including, but not limited to, a general plan, local coastal program, or local hazard mitigation plan, that addresses heat and improves community resilience.
(2) To implement projects or activities that mitigate the impacts of extreme heat, including, but not limited to, any of the following:
(A) Public education campaigns, warning systems, or any other measure that increases public awareness of the health risks related to heat, and the services, strategies, and actions that are publicly available to reduce those risks.
(B) Deploying and installing cool building and surface materials that increase solar reflectance and reduce structural temperatures, including, but not limited to, cool roofs, cool walls, and other cool envelope materials.
(C) Using cool pavements to increase solar reflectance, promote evaporative cooling, or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.
(D) Removing pavement and constructing permeable areas to capture storm water or reduce the amount of heat absorbed on roadways, streets, bike paths, sidewalks, parking lots, or school playgrounds.
(E) Increasing shade for people, buildings, or vehicles, including publicly accessible shade structures.
(F) Providing public hydration stations and other services needed during extreme heat events.
(G) Improving the building siting and design of new buildings, or the retrofit of existing buildings, to reduce unwanted heating, including those projects that use passive or low-energy cooling techniques, and efficient ventilation and air conditioning systems.
(d)
(e) In awarding grants, projects that meet any of the following criteria shall be prioritized:
(1) Serve disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.
(2) Demonstrate participation in a regional climate collaborative program established pursuant to Section 71131.
(3) Serve populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, or the State Department of Public Health, or both.
(4) Serve vulnerable communities, as defined in subdivision (d) of Section 71340.
(5) Are components of a comprehensive heat action plan.
(e)
(f) In awarding grants, the office shall coordinate with the Strategic Growth Council and the Department of Food and Agriculture to ensure, to the extent feasible, that relevant projects support and enhance the benefits of community resilience centers funded by those entities.
(f)
(g) Pursuant to subdivision (c), (d), the office may award grants to technical assistance providers to assist in application development, project development, or project implementation.
(g)
(h) The Director of State Planning and Research may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 25 percent of the total grant award.
(h)
(i) In administering the program, the office shall review and consider the most recent California Climate Change Assessment, climate science research programs administered by the Strategic Growth Council, the most recent update to the Safeguarding California Plan, the California Adaptation Planning Guide, and resources in the offices adaptation clearinghouse or any other climate science research that the office determines to be relevant.
(i)
(j) In administering the program, the office shall seek to minimize greenhouse gas emissions and electricity grid stress, avoid maladaptation, and maximize job growth and other cobenefits, including, but not limited to, those relating to adaptation of other climate change impacts.
71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.(2) The program guidelines shall include all of the following:(A) Eligibility and selection criteria.(B) Criteria for determining the amount of a grant award.(C) Provisions for technical assistance to assist in application development, project development, or project implementation.(D) Reporting on the progress of active projects by grant recipients.(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
71362. (a) (1) On or before the sixth month after receiving the first appropriation by the Legislature for the purposes of this part, the The office shall draft and adopt guidelines for the awarding of grants pursuant to the program.
(2) The program guidelines shall include all of the following:
(A) Eligibility and selection criteria.
(B) Criteria for determining the amount of a grant award.
(C) Provisions for technical assistance to assist in application development, project development, or project implementation.
(D) Reporting on the progress of active projects by grant recipients.
(E) A final report, to be submitted at the conclusion of the project by grant recipients, that includes, but is not limited to, measurable results of the project.
(F) Recovering funds from grant award recipients that failed to complete a project awarded a grant from the program.
(3) In drafting program guidelines, the office shall seek public input, including, but not limited to, input from populations and communities that the office identifies as benefitting from the program.
(4) The office shall consult with the Interagency Heat Taskforce, established pursuant to paragraph (1) of subdivision (b) of Section 71361.5, advisory council and other academic and technical experts on heat-related resilience and adaptation in drafting program guidelines.
(5) In developing program guidelines, the office may refer to guidelines adopted for other relevant funding programs. The office may expand or amend an existing grant program to meet the requirements of this part.
(b) All projects awarded a grant pursuant to the program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment.
(c) Guidelines established by the office for the program are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.
71362.5. (a) On or before January July 1, 2024, and every two years thereafter, the office, in collaboration with the Interagency Heat Taskforce, office shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on heat. Updates to the Extreme Heat Action Plan shall include all of the following:
(1) Review of relevant actions and grants that state agencies have undertaken to mitigate heat and implement the Extreme Heat Action Plan outside of the program, including for community resilience centers.
(2) A description of all activities undertaken by the program, including, but not limited to, the status of the implementation of projects funded by the program.
(3) A description of the resources, budget allocations, and staff dedicated to addressing heat.
(4) A review of state programs that address heat to identify potential gaps or unmet needs in the states approach and includes recommendations on ways to improve policies, programs, and interagency coordination.
(5) A review of the role of the advisory council in addressing extreme heat, including, but not limited to, recommendations on ways to improve its role of implementing the program.
(b) The Extreme Heat Action Plan and subsequent updates shall be posted on the offices internet website, and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature.
(c) All state agencies identified in the Extreme Heat Action Plan shall coordinate with the office to assist in the implementation of the plan.
71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.
71363. It is the intent of the Legislature that the office and the Chief Heat Officer, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354, coordinate with other state agencies that provide grants to address heat and the urban heat island effect. It is also the intent of the Legislature that the office fund projects in categories not eligible for funding by any preexisting program. fund extreme heat mitigation projects that compliment and not duplicate other state efforts to address extreme heat.
71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.
71364. (a) The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund shall be available upon appropriation by the Legislature to the office for the sole purpose of implementing this part.
(b) It is the intent of the Legislature that the fund be composed of moneys allocated for extreme heat purposes.
(c) Upon a finding by the entity authorized to administer or expend money appropriated from the fund that a particular project for which money has been allocated is in excess of the total amount needed, the Legislature may reappropriate the money for other high-priority needs consistent with this part.
SEC. 4. The Legislature finds and declares that Section 2 of this act, which adds Section 131240 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect confidential and proprietary information submitted for inclusion in the Extreme Heat and Health Reporting System, it is necessary for that information to remain confidential.
SEC. 4. The Legislature finds and declares that Section 2 of this act, which adds Section 131240 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect confidential and proprietary information submitted for inclusion in the Extreme Heat and Health Reporting System, it is necessary for that information to remain confidential.
SEC. 4. The Legislature finds and declares that Section 2 of this act, which adds Section 131240 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 4.
In order to protect confidential and proprietary information submitted for inclusion in the Extreme Heat and Health Reporting System, it is necessary for that information to remain confidential.