BILL ANALYSIS Ó SB 246 Page 1 SENATE THIRD READING SB 246 (Wieckowski) As Amended September 1, 2015 Majority vote SENATE VOTE: 26-11 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Natural |8-1 |Williams, Dahle, |Harper | |Resources | | | | | | | | | | | |Cristina Garcia, | | | | |Hadley, McCarty, | | | | |Rendon, Mark Stone, | | | | |Wood | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, | | | |Calderon, Nazarian, |Gallagher, Jones, | | | |Eggman, Eduardo |Wagner | | | |Garcia, Holden, | | | | |Quirk, Rendon, Weber, | | | | |Wood | | | | | | | | | | | | SB 246 Page 2 ------------------------------------------------------------------ SUMMARY: Establishes the Climate Adaptation and Resiliency Program (Program) to be administered by the Office of Planning and Research (OPR) to work with and assist local and regional efforts for climate adaptation and resilience. Specifically, this bill: 1)Requires the Director of OPR to establish the Program by January 1, 2017, to coordinate state, regional and local efforts to adapt to the impacts of climate change. To the extent feasible, requires an emphasis on climate equity, as specified. Requires the Program, working with and coordinating local and regional efforts for climate adaption and resilience, to do the following: a) Promote and coordinate state agency support for local and regional efforts. b) Ensure that state planning, guidance, and guidelines reflect the efforts and challenges faced by local and regional entities pursuing adaptation and resilience. c) Assist the Office of Emergency Services and other relevant agencies with coordinating regular updates to the Adaptation Planning Guide (Guide). d) Coordinate and maintain the state's clearinghouse for climate adaptation information. 1)Requires within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency to review and update, as necessary, the Guide. SB 246 Page 3 2)Establishes an advisory council, with a range of experience, to support OPR by providing scientific and technical support and to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. EXISTING LAW: 1)Requires, pursuant to the California Global Warming Solutions Act [AB 32 (Núñez), Chapter 488, Statutes of 2006], the Air Resources Board (ARB) to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and to adopt rules and regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. 2)Pursuant to Executive Order S-13-08 (Schwarzenegger), requires Natural Resources Agency (NRA), through the Climate Action Team, to coordinate with local, regional, state, federal, and private entities to develop, by 2009, a state Climate Adaptation Strategy. Requires the strategy to summarize the best known science on climate change impacts to California, assess California's vulnerability to the identified impacts, and outline solutions that can be implemented within and across state agencies to promote resiliency. 3)Requires OPR and NRA to periodically update the guidelines for the mitigation of greenhouse gas emissions or the effects of GHG emissions as required by the California Environmental Quality Act (CEQA), including, but not limited to, effects associated with transportation or energy consumption, and to incorporate new information or criteria established by ARB pursuant to AB 32. 4)Pursuant to Executive Order B-30-15 (Brown), in addition to SB 246 Page 4 establishing a 40% GHG emission reduction goal by 2030, requires several actions on adaptation including: a) Requires NRA to update every three years the state's climate adaptation strategy and ensure that its provisions are fully implemented. Requires the state's climate adaptation strategy to: i) Identify vulnerabilities to climate change by sector and regions, including, at a minimum, the following sectors: water, energy, transportation, public health, agriculture, emergency services, forestry, biodiversity and habitat, and ocean and coastal resources; ii) Outline primary risks to residents, property, communities, and natural systems from these vulnerabilities, and identify priority actions needed to reduce these risks; and, iii) Identify a lead agency or group of agencies to lead adaptation efforts in each sector. b) Requires each sector lead to prepare an implementation plan by September 2015 to outline the actions that will be taken as identified in state's climate adaptation strategy, and report back on those actions to the NRA. c) Requires state agencies to take climate change into account in their planning and investment decisions, and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives. d) Requires state agencies' planning and investment to be guided by the principles of climate preparedness, flexibility and adaptive approaches for uncertain climate impacts, protective of vulnerable populations, and prioritization of natural infrastructure solutions. SB 246 Page 5 e) Requires the state's Five-Year Infrastructure Plan to take current and future climate change impacts into account in all infrastructure projects. f) Requires OPR to establish a technical, advisory group to help state agencies incorporate climate change impacts into planning and investment decisions. g) Requires the state to continue its rigorous climate change research program focused on understanding the impacts of climate change and how best to prepare and adapt to such impacts. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1)Increased annual General Fund (GF) costs of $200,000 for OPR to administer the Program. 2)One-time GF costs of $50,000 for data base development. 3)Ongoing annual costs GF costs of $50,000 for OPR to reimburse the Cal Tech Agency for webhosting. COMMENTS: According to the United States Environmental Protection Agency, "adaptation is the adjustments that society or ecosystems make to limit negative effects of climate change. It can also include taking advantage of opportunities that a changing climate provides." In 2009, the NRA described adaptation as a relatively new concept in California policy and stated the term means, "efforts that respond to the impacts of climate change - adjustments in natural or human systems to actual or expected climate changes to minimize harm or take SB 246 Page 6 advantage of beneficial opportunities." California's adaptation efforts can be traced back to 2008, when Governor Schwarzenegger ordered the NRA, through the Climate Action Team (CAT), to coordinate with local, regional, state, federal, public and private entities to develop, by 2009, the state's Climate Adaptation Strategy. The Governor Schwarzenegger's Executive Order required the strategy to summarize the best known science on climate change impacts for California, assess California's vulnerability to the identified impacts, and outline solutions that can be implemented within and across state agencies to promote resiliency. As a result, NRA drafted The 2009 California Climate Adaptation Strategy. The state's Climate Adaptation Strategy represents the work of seven sector-specific working groups led by 12 state agencies, boards, and commissions, and numerous stakeholders. The state's Climate Adaptation Strategy proposes a comprehensive set of recommendations designed to inform and guide California decision makers as they begin to develop policies that will protect the state, its residents, and its resources from a range of climate change impacts. In July of 2014, NRA released an update to the 2009 California Climate Adaptation Strategy Safeguarding California: Reducing Climate Risk. Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001936 SB 246 Page 7