| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Senate August | |
| 1 | + | Amended IN Senate August 01, 2022 Amended IN Senate June 22, 2022 Amended IN Assembly April 05, 2022 Amended IN Assembly March 31, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member Robert RivasFebruary 17, 2022 An act to amend Sections 8680.3, 8686.4, and 65302 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, Robert Rivas. Climate California Disaster Assistance Act: climate change.Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.The act requires the director to authorize the replacement of a damaged or destroyed facility, whenever a local agency and the director determine that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility. Existing law also authorizes the director to implement mitigation measures when the director determines that the measures are cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor.This bill would specify that mitigation measures for climate change and disasters related to climate, may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures.The act defines the term disaster to mean a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.This bill would include climate change within the definition of disaster.Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a safety element. Existing law requires the safety element to be revised at a specified time period, or as necessary to address climate adaptation and resiliency strategies applicable to the city or county. Existing law requires the safety element to include, among other things, a set of adaptation and resilience goals, policies, and objectives based on specified information for the protection of the community, and a set of feasible implementation measures designed to carry out those goals, policies, and objectives.This bill would require the safety element to protect the community from unreasonable risks associated with the effects of climate change. The bill would require the safety element to address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to climate resiliency. The bill would require climate adaptation and resiliency strategies addressed in the safety element to, if feasible, incorporate greenhouse gas emissions reductions. The bill would require a review of the safety element, as specified, to include feasible methods to avoid or minimize climate change impact associated with new uses of land, including greenhouse gas emissions, and the identification of natural infrastructure, meaning natural ecological systems or processes to reduce vulnerability to climate change related hazards, greenhouse gas emissions, or other related climate change effects, that may be used in adaptation projects, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8680.3 of the Government Code is amended to read:8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.SEC. 2. Section 8686.4 of the Government Code is amended to read:8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate August 01, 2022 Amended IN Senate June 22, 2022 Amended IN Assembly April 05, 2022 Amended IN Assembly March 31, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2442Introduced by Assembly Member Robert RivasFebruary 17, 2022 An act to amend Sections 8680.3, 8686.4, and 65302 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, Robert Rivas. Climate California Disaster Assistance Act: climate change.Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.The act requires the director to authorize the replacement of a damaged or destroyed facility, whenever a local agency and the director determine that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility. Existing law also authorizes the director to implement mitigation measures when the director determines that the measures are cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor.This bill would specify that mitigation measures for climate change and disasters related to climate, may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures.The act defines the term disaster to mean a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.This bill would include climate change within the definition of disaster.Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a safety element. Existing law requires the safety element to be revised at a specified time period, or as necessary to address climate adaptation and resiliency strategies applicable to the city or county. Existing law requires the safety element to include, among other things, a set of adaptation and resilience goals, policies, and objectives based on specified information for the protection of the community, and a set of feasible implementation measures designed to carry out those goals, policies, and objectives.This bill would require the safety element to protect the community from unreasonable risks associated with the effects of climate change. The bill would require the safety element to address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to climate resiliency. The bill would require climate adaptation and resiliency strategies addressed in the safety element to, if feasible, incorporate greenhouse gas emissions reductions. The bill would require a review of the safety element, as specified, to include feasible methods to avoid or minimize climate change impact associated with new uses of land, including greenhouse gas emissions, and the identification of natural infrastructure, meaning natural ecological systems or processes to reduce vulnerability to climate change related hazards, greenhouse gas emissions, or other related climate change effects, that may be used in adaptation projects, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate August 01, 2022 Amended IN Senate June 22, 2022 Amended IN Assembly April 05, 2022 Amended IN Assembly March 31, 2022 Amended IN Assembly March 24, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 11, 2022 | |
| 8 | 7 | Amended IN Senate August 01, 2022 | |
| 9 | 8 | Amended IN Senate June 22, 2022 | |
| 10 | 9 | Amended IN Assembly April 05, 2022 | |
| 11 | 10 | Amended IN Assembly March 31, 2022 | |
| 12 | 11 | Amended IN Assembly March 24, 2022 | |
| 13 | 12 | ||
| 14 | 13 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 15 | 14 | ||
| 16 | 15 | Assembly Bill | |
| 17 | 16 | ||
| 18 | 17 | No. 2442 | |
| 19 | 18 | ||
| 20 | - | Introduced by Assembly Member Robert | |
| 19 | + | Introduced by Assembly Member Robert RivasFebruary 17, 2022 | |
| 21 | 20 | ||
| 22 | - | Introduced by Assembly Member Robert Rivas | |
| 21 | + | Introduced by Assembly Member Robert Rivas | |
| 23 | 22 | February 17, 2022 | |
| 24 | 23 | ||
| 25 | - | An act to amend Sections 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases. | |
| 24 | + | An act to amend Sections 8680.3, 8686.4, and 65302 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases. | |
| 26 | 25 | ||
| 27 | 26 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 29 | ||
| 31 | - | AB 2442, as amended, Robert Rivas. California Disaster Assistance Act: climate change. | |
| 30 | + | AB 2442, as amended, Robert Rivas. Climate California Disaster Assistance Act: climate change. | |
| 32 | 31 | ||
| 33 | - | Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.The act requires the director to authorize the replacement of a damaged or destroyed facility, whenever a local agency and the director determine that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility. Existing law also authorizes the director to implement mitigation measures when the director determines that the measures are cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor.This bill would specify that mitigation measures for climate change and disasters related to climate, may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined, including, but not limited to, the preservation of open space, | |
| 32 | + | Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria.The act requires the director to authorize the replacement of a damaged or destroyed facility, whenever a local agency and the director determine that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility. Existing law also authorizes the director to implement mitigation measures when the director determines that the measures are cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor.This bill would specify that mitigation measures for climate change and disasters related to climate, may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures.The act defines the term disaster to mean a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.This bill would include climate change within the definition of disaster.Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a safety element. Existing law requires the safety element to be revised at a specified time period, or as necessary to address climate adaptation and resiliency strategies applicable to the city or county. Existing law requires the safety element to include, among other things, a set of adaptation and resilience goals, policies, and objectives based on specified information for the protection of the community, and a set of feasible implementation measures designed to carry out those goals, policies, and objectives.This bill would require the safety element to protect the community from unreasonable risks associated with the effects of climate change. The bill would require the safety element to address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to climate resiliency. The bill would require climate adaptation and resiliency strategies addressed in the safety element to, if feasible, incorporate greenhouse gas emissions reductions. The bill would require a review of the safety element, as specified, to include feasible methods to avoid or minimize climate change impact associated with new uses of land, including greenhouse gas emissions, and the identification of natural infrastructure, meaning natural ecological systems or processes to reduce vulnerability to climate change related hazards, greenhouse gas emissions, or other related climate change effects, that may be used in adaptation projects, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 34 | 33 | ||
| 35 | 34 | Existing law, the California Disaster Assistance Act, requires the Director of Emergency Services to provide financial assistance to local agencies for their personnel costs, equipment costs, and the cost of supplies and materials used during disaster response activities, incurred as a result of a state of emergency proclaimed by the Governor, subject to specified criteria. | |
| 36 | 35 | ||
| 37 | 36 | The act requires the director to authorize the replacement of a damaged or destroyed facility, whenever a local agency and the director determine that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility. Existing law also authorizes the director to implement mitigation measures when the director determines that the measures are cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor. | |
| 38 | 37 | ||
| 39 | - | This bill would specify that mitigation measures for climate change and disasters related to climate, may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined, including, but not limited to, the preservation of open space, | |
| 38 | + | This bill would specify that mitigation measures for climate change and disasters related to climate, may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 40 | 39 | ||
| 41 | 40 | The act defines the term disaster to mean a fire, flood, storm, tidal wave, earthquake, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. | |
| 42 | 41 | ||
| 43 | 42 | This bill would include climate change within the definition of disaster. | |
| 44 | 43 | ||
| 44 | + | Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a safety element. Existing law requires the safety element to be revised at a specified time period, or as necessary to address climate adaptation and resiliency strategies applicable to the city or county. Existing law requires the safety element to include, among other things, a set of adaptation and resilience goals, policies, and objectives based on specified information for the protection of the community, and a set of feasible implementation measures designed to carry out those goals, policies, and objectives. | |
| 45 | + | ||
| 46 | + | ||
| 47 | + | ||
| 48 | + | This bill would require the safety element to protect the community from unreasonable risks associated with the effects of climate change. The bill would require the safety element to address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to climate resiliency. The bill would require climate adaptation and resiliency strategies addressed in the safety element to, if feasible, incorporate greenhouse gas emissions reductions. The bill would require a review of the safety element, as specified, to include feasible methods to avoid or minimize climate change impact associated with new uses of land, including greenhouse gas emissions, and the identification of natural infrastructure, meaning natural ecological systems or processes to reduce vulnerability to climate change related hazards, greenhouse gas emissions, or other related climate change effects, that may be used in adaptation projects, as specified. | |
| 49 | + | ||
| 50 | + | ||
| 51 | + | ||
| 52 | + | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 53 | + | ||
| 54 | + | ||
| 55 | + | ||
| 56 | + | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 57 | + | ||
| 58 | + | ||
| 59 | + | ||
| 45 | 60 | ## Digest Key | |
| 46 | 61 | ||
| 47 | 62 | ## Bill Text | |
| 48 | 63 | ||
| 49 | - | The people of the State of California do enact as follows:SECTION 1. Section 8680.3 of the Government Code is amended to read:8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.SEC. 2. Section 8686.4 of the Government Code is amended to read:8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, | |
| 64 | + | The people of the State of California do enact as follows:SECTION 1. Section 8680.3 of the Government Code is amended to read:8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.SEC. 2. Section 8686.4 of the Government Code is amended to read:8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 50 | 65 | ||
| 51 | 66 | The people of the State of California do enact as follows: | |
| 52 | 67 | ||
| 53 | 68 | ## The people of the State of California do enact as follows: | |
| 54 | 69 | ||
| 55 | 70 | SECTION 1. Section 8680.3 of the Government Code is amended to read:8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. | |
| 56 | 71 | ||
| 57 | 72 | SECTION 1. Section 8680.3 of the Government Code is amended to read: | |
| 58 | 73 | ||
| 59 | 74 | ### SECTION 1. | |
| 60 | 75 | ||
| 61 | 76 | 8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. | |
| 62 | 77 | ||
| 63 | 78 | 8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. | |
| 64 | 79 | ||
| 65 | 80 | 8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. | |
| 66 | 81 | ||
| 67 | 82 | ||
| 68 | 83 | ||
| 69 | 84 | 8680.3. Disaster means a fire, flood, storm, tidal wave, earthquake, climate change, terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety. | |
| 70 | 85 | ||
| 71 | - | SEC. 2. Section 8686.4 of the Government Code is amended to read:8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, | |
| 86 | + | SEC. 2. Section 8686.4 of the Government Code is amended to read:8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 72 | 87 | ||
| 73 | 88 | SEC. 2. Section 8686.4 of the Government Code is amended to read: | |
| 74 | 89 | ||
| 75 | 90 | ### SEC. 2. | |
| 76 | 91 | ||
| 77 | - | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, | |
| 92 | + | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 78 | 93 | ||
| 79 | - | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, | |
| 94 | + | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 80 | 95 | ||
| 81 | - | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, | |
| 96 | + | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. | |
| 82 | 97 | ||
| 83 | 98 | ||
| 84 | 99 | ||
| 85 | 100 | 8686.4. (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards. | |
| 86 | 101 | ||
| 87 | - | (b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, | |
| 102 | + | (b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of open space, improved forest management, and wildfire risk reduction measures. |