BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 246 ----------------------------------------------------------------- |Author: |Wieckowski | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |4/13/2015 |Hearing |4/29/2015 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Laurie Harris | | | | ----------------------------------------------------------------- SUBJECT: Climate Action Team ANALYSIS: Existing law: 1. Under the California Global Warming Solutions Act of 2006 (referred to as AB 32), states that it is the intent of the Legislature that the Climate Action Team, established by the Governor to coordinate the efforts set forth under Executive Order S-3-05, continue its role in coordinating the overall climate policy of the state. (Health and Safety Code §38501) 2. Establishes the Greenhouse Gas Reduction Fund (GGRF) as a special fund in the State Treasury; requires that all moneys, except for fines and penalties, collected pursuant to a market-based mechanism be deposited in the fund; and requires the Department of Finance, in consultation with the California Air Resources Board (ARB) and any other relevant state agency, to develop, as specified, a three-year investment plan for the moneys deposited in the GGRF. (Government Code §16428.8) 3. Requires the Climate Action Team to provide information to assist in the development of each three-year investment plan, participate in public workshops held on each plan, and provide testimony to the ARB on each plan. (HSC §39716) 4. Requires that moneys deposited in the GGRF be used to facilitate the achievement of greenhouse gas (GHG) emissions reductions in the state and, where applicable and to the extent feasible, SB 246 (Wieckowski) Page 2 of ? lessen the impacts and effects of climate change on the state's communities, economy, and environment, among other potential specified co-benefits. (HSC §39712) This bill: 1. Declares the Legislature's intent to integrate adaptation strategies into state policies, projects, and permitting processes. 2. Creates the Climate Action Team (CAT) in statute, under the direction of the Secretary for Environmental Protection, consisting of representatives from specified state agencies. Allows representatives from other state departments to be added as necessary upon the determination of the Secretary, and the CAT to form multiagency working groups. 3. Requires the CAT to be responsible for coordinating the state's climate policy to achieve the state's climate change goals, including: A. Coordination of climate change policies within California, nationally, and internationally; B. Coordination of the efficient use of existing state resources and the recommendation of additional policies and investment strategies for addressing climate change goals; C. Consideration of mitigation and adaptation strategies, where appropriate, in state planning and policies; and D. Identification and dissemination of information to local governments and regional bodies. 4. Requires the CAT, in coordination with relevant public and private entities, to coordinate an update to the state's Climate Adaptation Strategy (CAS) no later than January 1, 2019 and every five years thereafter to incorporate advances in climate science and risk management options. 5. Requires the CAT, in coordination with the Office of Planning and Research (OPR) and relevant public and private entities, to coordinate an update to the state's Adaptation Planning Guide (APG) no later than January 1, 2017, and every five years thereafter to provide tools and guidance to regional and local SB 246 (Wieckowski) Page 3 of ? governments and agencies in creating and implementing adaptation and resiliency plans and projects. The update shall be informed by the Climate Adaptation Strategy, and include, at a minimum: A. Funding opportunities for adaptation research, planning, and projects; B. Regionally prioritized best-practice adaptation projects that integrate GHG reduction efforts where appropriate; C. Recommended metrics and indicators to track progress of adaptation efforts locally, regionally, and statewide; D. Adaptation planning templates for use locally and regionally; and E. Guidelines for coordinating adaptation activities among state, regional, and local bodies. 6. As part of updating the Adaptation Planning Guide, requires the CAT and advisory council to hold public meetings and workshops at least annually in the northern, southern, and central regions of the state. 7. Creates an advisory council to the CAT to provide scientific and technical support, as well as regional and local perspectives. Requires the council to be comprised of 15 members, 5 each appointed by the Governor, Speaker of the Assembly, and Senate Rules Committee, based on their expertise in the intersection of climate change and a range of areas within the purview of the CAT, as specified. Background 1. Executive Orders Relating to the Climate Action Team and Adaptation. Executive order S-3-05 established GHG emission reduction targets, created the Climate Action Team, and directed the Secretary of CalEPA to coordinate efforts to meet the targets with the heads of other state agencies. The order required the Secretary to report back to the Governor and Legislature biannually on progress toward meeting the GHG targets, GHG impacts to California, as well as mitigation and adaptation plans. SB 246 (Wieckowski) Page 4 of ? Executive Order S-13-08 directed state agencies to plan for climate impacts specifically from sea level rise. It further directed the Natural Resources Agency, through the CAT, to coordinate the California Climate Adaptation Strategy by June 2009, noting "California must begin now to adapt and build our resiliency to coming climate changes through a thoughtful and sensible approach with local, regional, state and federal government using the best available science." 2. Overview of the Climate Action Team Today. According to the Climate Action Team's website, the CAT is comprised of state agency secretaries and the heads of agency, boards, and departments, chaired by the Secretary of the California Environmental Protection Agency. Furthermore, the team works to coordinate statewide efforts to implement GHG emission reduction programs, as well as the state's Climate Adaptation Strategy. In addition to the CAT members, there are 10 working groups, including the following areas: agriculture, biodiversity, coastal and ocean climate adaptation team, interagency forestry, intergovernmental, land use and infrastructure, research, public health, state government, and water energy. These working groups support the activities of the CAT through such activities as conducting research, producing informational documents, organizing workshops, and conducting outreach. 3. California's Climate Change Documents. Beginning in 2006, there have been three climate change assessment documents prepared by state agencies to better understand risks of climate change to California. Currently, a fourth assessment is being prepared, intended to provide information to support adaptation decisions. This latest assessment is the first interagency effort to implement a large part of the Climate Change Research Plan (Research Plan) and will serve as a request for proposals for ongoing research concerning climate change. The 2015 Climate Change Research Plan was prepared by the CAT, involving almost 50 authors from 16 agencies. The Research Plan outlines statewide research priorities for climate change. Some SB 246 (Wieckowski) Page 5 of ? of these major areas of research include: Improved methods and indicators for monitoring climate change; Improved methods to "downscale" global climate projections to support risk assessments and adaptation planning; Refined GHG emissions accounting methods and reduction pathways; Incorporation of new climate science into a risk assessment framework, and identification of robust adaptation strategies that would fare well under multiple potential climate scenarios from local to statewide levels; and Synergies between mitigation and adaptation efforts. 1. California's Adaptation Documents. The 2009 California Climate Adaptation Strategy is a statewide strategy that includes a summary of impacts from climate change and provides recommendations for adaptation strategies in seven sectors, including public health, water, agriculture, transportation and energy, forestry, biodiversity and habitat, and oceans and coastal resources. Overall, it provides guidance for establishing adaptation and resiliency actions for the state. The 2014 Safeguarding California Plan is an update to the strategy that augments climate adaptation strategies based on new climate science and risk management options. The 2012 California Adaptation Planning Guide, prepared and promoted by OPR, the Natural Resources Agency, and the Office of Emergency Services, was designed to provide guidance and support for local governments and regional collaboratives in addressing the impacts of climate change. The guide consists of an overview document and three companion documents for use as needed in defining local and regional impacts, understanding regional characteristics, and identifying adaptation strategies. The guide is meant to allow for flexibility across communities in terms of the time, money, and effort available for adaptation. Comments 1. Purpose of Bill. According to the author, "Currently, the state lacks a coordinated, comprehensive approach for adapting to the impacts of climate change. While California has been a leader in climate SB 246 (Wieckowski) Page 6 of ? mitigation efforts, the state alone cannot prevent global climate change and must prepare for the inevitable impacts through planning and implementing adaptation strategies in addition to continuing mitigation efforts. "Regional collaboratives and local governments have been at the forefront of efforts to plan and implement adaptation projects, though many lack the scientific expertise, knowledge on adaptation best-practices, funding opportunities, and metrics to evaluate their progress with adaptation. Given their efforts and needs, improved coordination and communication with state agencies overseeing the state's climate policy is important for developing comprehensive, statewide adaptation efforts. "SB 246 establishes the cross-agency Climate Action Team in statute and tasks the CAT with coordinating the state's climate policy, as previously intended by Executive Order and in statute, including both mitigation and adaptation. The bill further tasks the CAT with coordinating updates to the state's Climate Adaptation Strategy and Adaptation Planning Guide as specified. These resources, in combination with opportunities for public meetings, and the creation of an advisory council to provide scientific or technical support, and regional and local perspectives, will help ensure that state, regional, and local adaptation efforts are coordinated to provide resiliency to climate impacts for communities across California." 2. The Need for Improving Adaptation Efforts in California. According to the 2014 independent report "Governing California Through Climate Change" by the Little Hoover Commission (LHC)-a bipartisan state oversight agency-based on hearings, meetings, and interviews with climate change experts and stakeholders throughout the state, there is a need for a more unified approach to adaptation from the state government. The report notes the thorough and proactive efforts of the state to understand the challenges and vulnerabilities from climate change. However, the report also notes that most adaptation strategies at the state level are still advisory and have been developed without coordination with local governments and the private sector, which have largely been planning and implementing projects individually or with regional collaboratives. Specific recommendations from the LHC's report included: That the Governor and Legislature create a new state SB 246 (Wieckowski) Page 7 of ? entity or enhance the institutional capacity of an existing organization, which should include an independent science board, to help California's multitude of governments prepare for and react to climate change; and That the California Strategic Growth Council expand its focus beyond reduction of carbon emissions to include a greater emphasis on adaptation to the impacts of climate change. 1. Who Should Coordinate Adaptation Efforts in California? Previous legislative efforts have tried to place the task of coordinating the state's adaptation efforts with both the Climate Action Team and the Strategic Growth Council, two cross-agency bodies dealing with climate change issues. The Strategic Growth Council (SGC) was established by SB 732 (Steinberg), Chapter 729, Statutes of 2008. SGC is comprised of 10 members representing six agencies, OPR, and three public members and was created to focus attention on climate change and coordinated sustainable growth. SGC is also responsible for awarding sustainable community grants and is tasked with identifying and reviewing activities and funding programs of member agencies that may be coordinated to improve air and water quality, increase the availability of affordable housing, improve transportation, meet the goals of AB 32, encourage sustainable land use, and revitalize urban and community centers in a sustainable manner, in addition to helping local and regional bodies develop and plan sustainable communities. It seems reasonable that both the CAT and the SGC place an emphasis on adaptation, given the urgency and importance of the topic. Within the SGC, certainly considerations of adaptation and resiliency must be incorporated into infrastructure as the state grows. Within the CAT, there is large agency representation, previous direction to coordinate the state's overall climate strategy, and multiple cross-agency working groups; these factors may make the CAT the appropriate body to undertake broad coordination of adaptation across sectors in California. 2. Technical Clarifying Changes. A. On page 4, lines 39-40, the CAT is directed to update "the Climate Adaptation Strategy and the Safeguarding California SB 246 (Wieckowski) Page 8 of ? Plan." As the Safeguarding Plan is an update to the Climate Adaptation Strategy, this should be clarified. An amendment is needed to state "the Climate Adaptation Strategy, for which the first update was titled the Safeguarding California Plan, to incorporate?" B. On page 5, line 15, the first listing of information to be included for the Adaptation Planning Guide states, "Funding opportunities for adaptation research, planning, and projects." Because the CAT is not authorized to receive or expend moneys for funding such adaptation efforts, this provision should be amended to state "Information concerning funding opportunities for adaptation research, planning, and projects." Related/Prior Legislation AB 1482 (Gordon, 2015) would expand the duties of the SGC to coordinate state agency climate adaptation efforts and require the Natural Resources Agency, with the SGC, to coordinate existing grants and programs to address climate change and adaptation by maximizing specified objectives. AB 1482 is currently referred to the Assembly Committee on Natural Resources. SB 1217 (Leno, 2014) required the Natural Resources Agency and SGC to prepare a climate risk assessment and strategy evaluating California's vulnerability and risk for climate change impacts and to identify and prioritize climate resiliency projects. SB 1217 died in the Assembly Appropriations Committee. AB 2329 (Ruskin, Chesbro, 2010) enacted the Climate Action Team Act of 2010 to coordinate oversight of state agency efforts to meet GHG reduction targets, including development and implementation of mitigation and adaptation plans, and enacted the California Climate Vulnerability & Adaptation Plan of 2010. AB 2329 failed on the Senate floor. SB 721 (Steinberg, 2009) was a reintroduction of SB 1760 (Perata) of 2008 as specified below. SB 721 would also have required the CAT to biennially prepare and adopt a climate change impact mitigation and adaptation plan including specified info. SB 721 died in the Senate Appropriations Committee. SB 1760 (Perata, 2008) created the CAT in statute and required an annual strategic research, development, demonstration, and SB 246 (Wieckowski) Page 9 of ? deployment plan with expenditures in those areas, to be administered by the Department of Transportation for clean technology, environmental protection, and public interest energy research consistent with the plan. SB 1760 was vetoed by the Governor. SOURCE: Author SUPPORT: Audubon California California League of Conservation Voters Climate Resolve Defenders of Wildlife Environment California Friends of the River Local Government Commission Public Health Institute's Center for Climate Change & Health The Nature Conservancy Sierra Club California OPPOSITION: None on file ARGUMENTS IN SUPPORT: Sierra Club California states that "it will be imperative for state agencies to effectively prepare for the impacts of climate disruption in the coming years. SB 246 will help advance that preparation." A coalition of environmental, conservation, and public health interests notes, "California's changing climate poses an increasing threat to human health, public safety, natural resources, and property. "The state needs to develop adaptation strategies to buffer these detrimental impacts. These efforts require coordinating state agencies to implement and support adaptation programs through the use of up-to-date data, tools, and best-practices that are made available through cutting-edge scientific assessments, research and case studies. "These actions [of SB 246] will optimize the state's collective ability to address climate change impacts." -- END -- SB 246 (Wieckowski) Page 10 of ?