Bill Text: CA AB1384 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Resiliency Through Adaptation, Economic Vitality, and Equity Act of 2022.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 338, Statutes of 2022. [AB1384 Detail]

Download: California-2021-AB1384-Amended.html

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Amended  IN  Senate  July 14, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1384

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Introduced by Assembly Member Gabriel
(Coauthor: Assembly Member Cristina Garcia)

February 19, 2021

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An act to amend Section 75125 Sections 71150, 71152, 71153, and 71154 of, and to add Sections 71156 and 71157 Section 71155.5 to, the Public Resources Code, relating to climate change.

LEGISLATIVE COUNSEL'S DIGEST

AB 1384, as amended, Gabriel. Resiliency Through Adaptation, Economic Vitality, and Equity Act of 2022.

Existing law requires the Natural Resources Agency to update every 3 years the state’s climate adaptation strategy, known as the Safeguarding California Plan, and to coordinate with other state agencies to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires, to address the vulnerabilities identified in the plan, state agencies to maximize specified objectives.

This bill would require the agency to also coordinate with the Office of Planning and Research and identify, among other things, vulnerabilities to climate change for vulnerable communities, an operational definition of “climate resilience” for each sector and for vulnerable communities, special protections of vulnerable communities and industries that are disproportionately impacted by climate change, and timetables and specific metrics to measure the state’s progress in implementing the plan. The bill would require each lead agency or group of agencies to be informed, at a minimum, by specified documents and climate science research in identifying the vulnerabilities to climate change. The bill would require state agencies to also maximize the objective of prioritizing equity by ensuring public expenditures that address climate change adaptation prioritize protecting vulnerable communities, rectifying intersectional and systemic inequities, and enhancing low-income and vulnerable communities’ abilities to weather the impacts of climate change. The bill would authorize the Treasurer, and the financing authorities that the Treasurer chairs, to assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to these provisions.

Existing law establishes the Strategic Growth Council in state government consisting of various state agency heads and 3 public members. Existing law assigns to the council certain duties relative to the identification and review of activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet greenhouse gas emissions reduction goals, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.

This bill would require the council to develop and coordinate a strategic resiliency framework that makes recommendations and identifies actions that are necessary to prepare the state for the most significant climate change impacts modeled for 2025, 2050, and beyond, among other goals. The bill would require state agencies identified in the strategic resiliency framework to collaboratively engage with regional entities to enhance policy and funding coordination and promote regional solutions and implementation and to proactively engage vulnerable communities whose planning and project development efforts have been disproportionately impacted by climate change, as provided. The bill would authorize the Treasurer, and the financing authorities that the Treasurer chairs, to assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals identified in the strategic resiliency framework.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 This act shall be known, and may be cited, as the Resiliency Through Adaptation, Economic Vitality, and Equity Act of 2022.

SEC. 2.

 (a)The Legislature finds and declares all of the following:

(1)

(a) According to the state’s Fourth Climate Change Assessment, “emerging findings for California show that costs associated with direct climate impacts by 2050 are dominated by human mortality, damages to coastal properties, and the potential for droughts and mega-floods.”

(2)

(b) The economic cost to the state for losses across the state by 2050 is estimated to be over $100 billion each year.

(3)

(c) Rising average temperatures, destructive fires, higher sea levels, and more severe droughts and floods put state residents in danger. Already many lives, and even whole communities, have been lost or destroyed.

(4)

(d) The state has taken bold leadership to create the Safeguarding California Plan and other adaptation frameworks, and should now shift these planning efforts into action that protects our state.

(b)It is the intent of the Legislature to prioritize the state’s response to the impacts resulting from climate change by ensuring that all state agencies collaboratively prepare for and are ready to respond to the impacts of climate change, with a focus on people, places, and water.

SEC. 3.Section 71156 is added to the Public Resources Code, immediately following Section 71155, to read:

71156.

A state agency identified in the strategic resiliency framework developed by the council pursuant to subdivision (d) of Section 75125 shall do both of the following:

(a)Collaboratively engage with regional entities, including local agencies and communities, to enhance policy and funding coordination and promote regional solutions and implementation.

(b)Proactively engage vulnerable communities whose planning and project development efforts have been disproportionately impacted by climate change to ensure benefits to these regions while preventing potentially unintended consequences from land use and community development decisions.

SEC. 4.Section 71157 is added to the Public Resources Code, immediately following Section 71156, to read:

71157.

The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to this part and subdivision (d) of Section 75125.

SEC. 5.Section 75125 of the Public Resources Code is amended to read:

75125.

The council shall do all of the following:

(a)Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy, known as the Safeguarding California Plan, adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code.

(b)Recommend policies, investment strategies, and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065.

(c)Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities.

(d)Develop and coordinate a strategic resiliency framework that does all of the following:

(1)Makes recommendations and identifies actions, including, but not limited to, workshops and public meetings, that are necessary to prepare the state for the most significant climate change impacts modeled for 2025, 2050, and beyond, and identifies state agencies responsible for implementing those recommendations and actions.

(2)Identifies and provides for special protections of vulnerable communities and industries that are disproportionately impacted by climate change.

(3)Develops timetables and metrics to measure the state’s progress in implementing the framework.

(4)Establishes community and economic resiliency actions for the ocean and coast, freshwater supply, desert, and terrestrial ecosystems.

(e)Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following:

(1)Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration.

(2)Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project.

(3)Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board.

(4)Provide for the time period for repaying a loan made pursuant to this article.

(5)Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means.

(6)Provide technical assistance for application preparation.

(7)Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129.

(f)Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following:

(1)A list of applicants for financial assistance.

(2)Identification of which applications were approved.

(3)The amounts awarded for each approved application.

(4)The remaining balance of available funds.

(5)A report on the proposed or ongoing management of each funded project.

(6)Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.

SEC. 3.

 Section 71150 of the Public Resources Code is amended to read:

71150.

 For purposes of this part, the following terms have the following meanings:

(a) “Agency” means the Natural Resources Agency.

(b) “Council” means the Strategic Growth Council.

(c) “Office” means the Office of Planning and Research.

(c)

(d) “Plan” means the Safeguarding California Plan.

(e) “Vulnerable communities” has the same meaning as provided in subdivision (d) of Section 71340.

SEC. 4.

 Section 71152 of the Public Resources Code is amended to read:

71152.

 It is the intent of the Legislature to prioritize the state’s response to the impacts resulting from climate change most vulnerable communities, ecosystems, and economic sectors in the state’s climate adaptation and resilience strategy set forth in the Safeguarding California Plan by ensuring that all state departments and agencies accurately identify, collaboratively prepare for for, and are ready to sufficiently resourced to adequately respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea-level sea level rise, and drought. It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on people, places, and water equity and that actions taken to address climate adaptation should be consistent with the plan.

SEC. 5.

 Section 71153 of the Public Resources Code is amended to read:

71153.

 (a) By July 1, 2017, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with the office and other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following:

(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors:

(A) Water.

(B) Energy.

(C) Transportation.

(D) Public health.

(E) Agriculture.

(F) Emergency services.

(G) Forestry.

(H) Biodiversity and habitat.

(I) Ocean and coastal resources.

(2) Vulnerabilities to climate change for vulnerable communities, as identified by the office, through the Integrated Climate Adaptation and Resilience Program.

(3) In identifying the vulnerabilities pursuant to paragraphs (1) and (2), each lead agency or group of agencies shall, at a minimum, be informed by the most recent California Climate Change Assessment, the climate science research programs administered by the council and the State Energy Resources Conservation and Development Commission, the Climate Change and Health Vulnerability Indicators for California as produced by the Climate Change and Health Equity Section of the State Department of Public Health, and other peer-reviewed climate science research relevant to California.

(4) An operational definition of “climate resilience” for each sector and for vulnerable communities, as identified by the lead agency or group of agencies, so that total costs, funding plans, and other strategies to adequately prepare for disruptions, recover from shocks and stresses, and adapt and grow from various disruptions, especially in the most vulnerable communities, are analyzed and reported.

(2)

(5) Priority actions needed to reduce risks and achieve climate resilience in those sectors, sectors and vulnerable communities, as identified by the lead agency or group of agencies. agencies, with an emphasis on maximizing risk mitigation for the greatest number of people living in vulnerable communities.

(6) Special protections of vulnerable communities and industries that are disproportionately impacted by climate change.

(7) Timetables, for short-term, mid-term, and long-term timescales, and specific metrics to measure the state’s progress in implementing the plan, as identified by the agency or the office.

(b) By January 1, 2017, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California.

(c) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan.

SEC. 6.

 Section 71154 of the Public Resources Code is amended to read:

71154.

 To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives:

(a) Educating the public about the consequences of climate change, such as sea-level sea level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts.

(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state.

(c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation.

(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that utilizes uses existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals.

(3) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.

(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought.

(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions.

(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change.

(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change.

(i) Prioritizing equity by ensuring public expenditures that address climate change adaptation prioritize protecting vulnerable communities, rectifying intersectional and systemic inequities, and enhancing low-income and vulnerable communities’ abilities to weather the impacts of climate change.

SEC. 7.

 Section 71155.5 is added to the Public Resources Code, to read:

71155.5.

 The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to this part.