Amended IN Senate August 11, 2022 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 Rivas(Coauthors: Assembly Members Rodriguez and Wood)February 17, 2022 An act to amend Sections 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, Robert Rivas. 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, natural and working lands, as described, 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.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. 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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.
Amended IN Senate August 11, 2022 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 Rivas(Coauthors: Assembly Members Rodriguez and Wood)February 17, 2022 An act to amend Sections 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases. LEGISLATIVE COUNSEL'S DIGESTAB 2442, as amended, Robert Rivas. 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, natural and working lands, as described, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 11, 2022 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
Amended IN Senate August 11, 2022
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. 2442
Introduced by Assembly Member Robert Rivas(Coauthors: Assembly Members Rodriguez and Wood)February 17, 2022
Introduced by Assembly Member Robert Rivas(Coauthors: Assembly Members Rodriguez and Wood)
February 17, 2022
An act to amend Sections 8680.3 and 8686.4 of the Government Code, relating to greenhouse gases.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2442, as amended, Robert Rivas. 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, natural and working lands, as described, 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 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, natural and working lands, as described, 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.
## Digest Key
## Bill Text
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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.
The people of the State of California do enact as follows:
## 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.
SECTION 1. Section 8680.3 of the Government Code is amended to read:
### SECTION 1.
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.
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.
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.
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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.
SEC. 2. Section 8686.4 of the Government Code is amended to read:
### SEC. 2.
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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.
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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.
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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.
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, natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.