Bill Text: CA AB1640 | 2021-2022 | Regular Session | Amended


Bill Title: Office of Planning and Research: regional climate networks: regional climate adaptation and resilience action plans.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2022-06-28 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 28). Re-referred to Com. on APPR. [AB1640 Detail]

Download: California-2021-AB1640-Amended.html

Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  March 23, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1640


Introduced by Assembly Members Ward, Bennett, Mullin, and Quirk
(Coauthors: Assembly Members Berman and Eduardo Garcia)

January 12, 2022


An act to add Sections 71133, 71134, 71135, and 71136 to the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


AB 1640, as amended, Ward. Office of Planning and Research: regional climate networks: regional climate adaptation and resilience action plans.
Existing law requires, by July 1, 2017, and every 3 years thereafter, the Natural Resources Agency to update, as prescribed, the state’s climate adaptation strategy, known as the Safeguarding California Plan. Existing law establishes the Office of Planning and Research in state government in the Governor’s office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program to be administered by the office to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as prescribed.
This bill would authorize eligible entities, as defined, to establish and participate in a regional climate network, as defined. The bill would require the office, through the program, to encourage the inclusion of eligible entities with land use planning and hazard mitigation planning authority into regional climate networks. The bill would authorize a regional climate network to engage in activities to address climate change, as specified.
The bill would authorize a regional climate network to develop a regional climate adaptation and resilience action plan.
The bill would require, on or before July 1, 2023, require the office, through the program, to develop and publish on its internet website guidelines on how eligible entities may establish regional climate networks and how governing boards may be established within regional climatenetworks. climate networks. The bill would require the office, through the program, to provide technical assistance to regions seeking to establish a regional climate network, facilitate coordination between regions, and encourage regions to incorporate as many eligible entities into one network as feasible.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) California communities are already experiencing the harmful effects of climate change, such as increased air pollution, increasing sea level rise, coastal degradation, extreme drought, extreme heat, extreme weather events, flooding, wildfires, negative effects to agriculture, and invasive species spread, which threaten public health and safety, economic stability, and the resources and ecosystem services that Californians rely upon.
(2) Due to the scale of climate change, landscape-level interventions and effective regional coordination across jurisdictional boundaries, sectors, and disciplines are critical and necessary to safeguard California communities from the worsening impacts of climate change.
(3) The rapidly evolving and uncertain nature of climate change, as well as limited resources and local government staff capacity to advance climate change adaptation and mitigation, requires ongoing efforts and mechanisms for education, best practice sharing, research, coordination, and technical assistance to support the identification and implementation of adaptation and mitigation plans and projects.
(4) Regional adaptation collaboratives have already formed across the state to bring local governments and stakeholders together to share information, coordinate climate adaptation activities in their regions, and share best practices and coordinate with other regions due to varying priorities for each region of the state.
(b) It is the intent of the Legislature to do both of the following:
(1) Foster regional-scale climate adaptation and resilience that prioritizes the most vulnerable communities by encouraging collaboration among local, regional, and state entities on adaptation and resilience solutions in a way that promotes coordination within each region of the state, promotes coordination among neighboring regions, and integrates planning, investment, and hazard mitigation efforts.
(2) Support the development of regional climate adaptation and resilience plans that build upon and enhance local climate adaptation actions to achieve just and equitable resilience for the most vulnerable communities, public health, infrastructure, natural resources, and California’s economy.

SEC. 2.

 Section 71133 is added to the Public Resources Code, to read:

71133.
 For purposes of this section and Sections 71134 to 71136, inclusive, the following definitions apply:
(a) “Eligible entity” means a local, regional, tribal, or state organization, including, but not limited to, a city, county, special district, council of government, metropolitan planning organization, joint powers authority, local agency formation commission, regional climate collaborative, as defined in subdivision (b) of Section 71130, regional member of the Alliance of Regional Collaboratives for Climate Adaptation, nonprofit organization, community-based organization, tribal government, school district, and higher education institution.
(b) “Regional climate network” means a group of eligible entities whose jurisdictions are located in the same region, and whose combined jurisdiction enhances their effectiveness in responding to climate risks. A regional climate network does not need to cover multiple counties if the county within the network has a population of over 2,000,000 residents.
(c) “Under-resourced community” has the same meaning as in subdivision (g) of Section 71130.
(d) “Vulnerable community” means a community with heightened risk and increased sensitivity to climate change that has less capacity and fewer resources to cope with, adapt to, or recover from climate impacts, in accordance with the Integrated Climate Adaptation and Resiliency Program’s Technical Advisory Council adopted definition and or the Federal Emergency Management Administration’s National Risk Index for Natural Hazards.

SEC. 3.

 Section 71134 is added to the Public Resources Code, to read:

71134.
 On or before July 1, 2023, the The Office of Planning and Research, through the Integrated Climate Adaptation and Resiliency Program, shall do all of the following:
(a) Develop and publish on its internet website guidelines on both of the following subjects:
(1) How eligible entities may establish regional climate networks. The guidelines shall account for differences in regional needs and priorities, ensure applicability and relevance to all regions throughout California, including under-resourced communities, and provide guidance to eligible entities for determining the structure of the regional climate networks in their regions.
(2) How governing boards may be established within regional climate networks, including how to ensure equity in representation of eligible entities.
(b) Publish on its internet website the draft guidelines for public review and comment at least 60 days before its adoption of the guidelines.
(c) Consult with other relevant state agencies in developing the guidelines pursuant to this section.

SEC. 4.

 Section 71135 is added to the Public Resources Code, to read:

71135.
 (a) Eligible entities may establish and participate in a regional climate network. Eligible entities shall notify the Office of Planning and Research in writing before the establishment of a regional climate network, and shall notify the Office of Planning and Research in writing of any changes in the membership of that network. As part of this written notice, the proposed or established regional climate network shall inform the Office of Planning and Research of each eligible entity’s role within the network. network.

(b)Membership in a regional climate network may be modified at any time consistent with this section.

(c)

(b) The Office of Planning and Research, through the Integrated Climate Adaptation and Resiliency Program, shall provide technical assistance to regions seeking to establish a regional climate network, facilitate coordination between regions, and encourage regions to incorporate as many eligible entities into one network as feasible, taking into consideration each region’s unique vulnerabilities and land use challenges. The Office of Planning and Research shall also encourage the inclusion of eligible entities with land use and hazard mitigation planning authority into regional climate networks.

(d)

(c) A regional climate network may develop a regional climate adaptation and resilience action plan.

SEC. 5.

 Section 71136 is added to the Public Resources Code, to read:

71136.
 (a) A regional climate network may engage in any of the following activities to address climate change:
(1) Supporting the development of and updates to regional climate adaptation and resilience action plans, strategies, and programs, including performing qualitative and quantitative research, compiling and hosting relevant data and resources, developing tools, and providing technical assistance.
(2) Supporting the implementation of regional climate adaptation and resilience action plans, hazard and greenhouse gas emissions mitigation strategies, integrated climate solutions that provide adaptation and mitigation strategies, and programs, including evaluating funding and financing mechanisms, monitoring and evaluating progress, and providing technical assistance.
(3) Facilitating the exchange of best practices, policies, projects, and strategies among eligible entities and stakeholders, and between regions on climate adaptation, hazard mitigation, and greenhouse gas emissions mitigation.
(4) Conducting activities to support ongoing coordination and capacity building among eligible entities, including convening working groups, organizing training opportunities, and creating mechanisms for collaboration.
(5) Conducting educational activities for eligible entities, decisionmakers, key stakeholders, and the general public, to increase their understanding of climate change risks and adaptation solutions.
(6) Administering grants to eligible entities.
(b) Regional climate networks shall have, and may exercise, all powers, expressed or implied, that are necessary to do all of the following:
(1) Apply for and receive grants from federal and state agencies.
(2) Enter into and perform all necessary contracts.
(3) Enter into joint power agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).
(4) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(c) A regional climate network may establish distinct governance procedures and policies that acknowledge regional conditions and accommodate regional needs to administer activities pursuant to this section. Governance procedures and policies shall are encouraged to include processes for eligible entities to participate and strategies for public engagement to ensure a multistakeholder process that incorporates and supports input from vulnerable communities and under-resourced communities, and be consistent with guidelines described in subdivision (a) of Section 71134.
(d) A regional climate network shall comply with requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

(e)The Office of Planning and Research may request that established regional climate networks submit a biennial report to the Office of Planning and Research that includes, but need not be limited to, all of the following:

(1)The participating eligible entities of the regional climate network.

(2)An outline of all activities and the outcome of each activity.

(3)Actions taken by the regional climate network.

(4)An accounting of the administration of, and expenditures made by, the regional climate networks.

(5)Recommendations to state agencies on opportunities to support regional climate adaptation and mitigation planning, investment, and implementation.

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