Bill Text: CA AB2621 | 2019-2020 | Regular Session | Amended

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

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-08-20 - In committee: Held under submission. [AB2621 Detail]

Download: California-2019-AB2621-Amended.html

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Amended  IN  Assembly  May 05, 2020

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2621

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Introduced by Assembly Member Mullin

February 20, 2020

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An act to add Sections 71158 and 71159 to the Public Resources Code, relating to climate change. An act to add Section 71133 to, and to add and repeal Section 71134 of, the Public Resources Code, relating to climate change.

LEGISLATIVE COUNSEL'S DIGEST

AB 2621, as amended, Mullin. Climate change: regional climate adaptation plans. Strategic Growth Council: regional climate networks: climate adaptation 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 requires the Strategic Growth Council to identify and review activities and funding programs of state agencies that may be coordinated to meet the strategies and priorities developed in the Safeguarding California Plan. Existing law establishes a regional climate collaborative program to be administered by the council, as prescribed, to assist underresourced communities within a region to access statewide public and other grant moneys through the formation of collaboratives that provide capacity building services to assist in building community-driven leadership, knowledge, skills, experience, and resources to identify and access public funding for climate change mitigation and adaptation projects within the underresourced community.

This bill would authorize certain local government entities to establish and participate in a regional climate network, as defined, to prepare a regional climate adaptation action plan for certain regions, as described. The bill would authorize membership in each regional climate network to be determined at the local level. The bill would not limit the number of regional climate networks that may be established within each region.

This bill would also require, by January 1, 2022, the council to develop guidelines, as prescribed, establishing how a regional climate network may develop a regional climate adaptation action plan, including certain information, analyses, and contents to be included in a plan and certain considerations and procedures for a regional climate network when preparing a plan. The bill would require the council to provide technical assistance to local governments developing regional climate networks and plans. The bill would require, by January 1, 2022, the council to make recommendations to certain policy committees of the Legislature on how the state should support the creation of regional climate networks and the potential sources of financial assistance for the creation and implementation of plans.

Existing law establishes the Integrated Climate Adaptation and Resiliency Program under the administration of the Office of Planning and Research to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as specified.

This bill would require the Strategic Growth Council, by June 1, 2021, to establish guidelines for the development of regional climate adaptation plans by regional collaboratives. The bill would require the council, upon appropriation by the Legislature, to develop a grant program to assist the development of qualified regional climate adaptation plans, as specified.

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.

 It is the intent of the Legislature to do both of the following:

(a) Develop guidance for potential state, federal, or private investment in funding regional priority climate adaptation projects across the state.

(b) Encourage local governments and regional entities to collaborate when planning for climate adaptation in a way that promotes regional solutions and improves the effectiveness and efficiency of climate adaptation actions.

SEC. 2.

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

71133.

 (a) (1) For purposes of this section, “plan” means a regional climate adaptation action plan.

(2) For purposes of this section, “regional climate network” means a group of two or more local governments whose jurisdictions collectively cover at least one county in its entirety, unless the county’s population is greater than 8,000,000, and complement one or more of the regions identified in California’s Fourth Climate Change Assessment or subsequent updates.

(3) Local governments eligible to establish and participate in a regional climate network may include, but are not limited to, counties, cities, special districts, and metropolitan planning organizations.

(4) Membership in a regional climate network shall be determined at the local level.

(5) Nothing in this section limits the number of regional climate networks that may be established within each region identified in California’s Fourth Climate Change Assessment or subsequent updates.

(b) (1) On or before January 1, 2022, the Strategic Growth Council shall develop guidelines that establish how a regional climate network may develop a regional climate adaptation action plan. The guidelines shall address, but not be limited to, all of the following:

(A) Standards and required contents for plans, including, but not limited to, all of the following:

(i) A description and prioritization of projects and actions that are necessary to respond to the climate vulnerabilities of a region as identified by California’s Fourth Climate Assessment or subsequent updates and other vulnerability assessments for that region.

(ii) Clear identification of the benefits and adaptation goals the priority projects are designed to achieve, including, when feasible, metrics to reflect these benefits. When prioritizing projects and actions in a plan, a regional climate network shall consider all of the following:

(I) The severity of the climate vulnerability that the project or action seeks to address.

(II) The anticipated timing of change and how it impacts the need for adaptation investment, and approaches for iterative and long-term planning for climate change.

(III) The impacts the project or action has on economically disadvantaged communities, climate-vulnerable communities, as defined by the Integrated Climate Adaptation and Resiliency Program’s advisory council established pursuant to Section 71358, and other disproportionately impacted communities.

(IV) The impacts the project or action has on public health, infrastructure, and natural resources.

(V) The ability of the project or action to minimize climate change impacts.

(VI) The cobenefits of the project or action.

(iii) An assessment of the regional climate network’s ability to create regional benefits in response to climate vulnerabilities.

(iv) A schedule for phasing implementation of projects and actions across a region.

(v) Required monitoring to assess the ongoing effectiveness of projects and actions to minimize the impacts of climate change within a region.

(vi) A financing strategy for implementing priority projects and actions, including the costs of ongoing monitoring and any necessary postimplementation evaluations.

(vii) The use of natural infrastructure to respond to climate vulnerabilities where feasible.

(viii) A timeline for the regional climate network to revisit the plan to reassess and make necessary updates to the plan. The regional climate network shall update the plan at least once every five years.

(ix) Use of the best available science as research, observations, and understanding of the impact of emissions of greenhouse gases advance.

(B) Resources and guidance to ensure that plans, to the extent appropriate, are consistent with and build upon other existing and relevant planning documents, including, but not limited to, all of the following:

(i) Climate adaptation action plans and vulnerability assessments.

(ii) Safety elements of general plans.

(iii) Local hazard mitigation plans.

(iv) Sustainable communities strategies.

(v) Local coastal programs.

(vi) Groundwater sustainability plans.

(vii) Urban water management plans.

(C) Standards on how to develop a plan through a public process that encourages participation from impacted communities, including, but not limited to, community-based organizations, nongovernmental organizations, private sector groups, and relevant state agencies.

(D) Standards for how to submit the plan to the council for review, comments, and approval.

(2) The Strategic Growth Council shall provide technical assistance to local governments developing regional climate networks and plans.

(3) The Strategic Growth Council shall post the guidelines and any approved plans developed pursuant to this section on its internet website.

SEC. 3.

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

71134.

 (a) As part of developing the guidelines pursuant to Section 71133, the Strategic Growth Council shall make recommendations to relevant policy committees of the Legislature by January 1, 2022, on both of the following:

(1) How the state should support the creation of regional climate networks.

(2) Potential sources of financial assistance for the creation and implementation of regional climate adaptation action plans pursuant to Section 71133.

(b) (1) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025.

SECTION 1.Section 71158 is added to the Public Resources Code, to read:

71158.

(a)By June 1, 2021, the council shall establish guidelines for the development of regional climate adaptation plans that are developed, with community participation, by regional collaboratives consisting of local governments whose jurisdictions collectively cover at least one county and reflect the regions identified in California’s Fourth Climate Change Assessment.

(b)The regional climate plans, at a minimum, shall include all of the following:

(1)The identification of the planning area’s most critical vulnerabilities to public health, infrastructure, and natural resources consistent with California’s Fourth Climate Change Assessment.

(2)An assessment of the planning entity’s ability to minimize regional climate vulnerabilities.

(3)Corresponding strategies to reduce risks associated with the most critical identified vulnerabilities, and identification of priority projects to implement those strategies.

(4)Necessary phasing of projects and required monitoring to assess effectiveness of the projects.

(c)The guidelines shall do both of the following:

(1)Prioritize the use of natural infrastructure to respond to climate vulnerabilities, where feasible.

(2)Ensure the plan’s consistency with other relevant planning documents, including a county’s general plan, local hazard mitigation plan, sustainable communities strategy, and local coastal program.

SEC. 2.Section 71159 is added to the Public Resources Code, to read:

71159.

(a)The council, upon appropriation by the Legislature, shall develop and implement a grant program to assist the development of qualified regional climate adaptation plans pursuant to the guidelines established in Section 71158. The appropriated funds shall be allocated to applicants as follows:

(1)At least 60 percent of the funds shall be available to applicants based on the percent of the state’s population in the jurisdiction of the applicant for the implementation of the regional climate adaptation plan, but not less than two million dollars ($2,000,000) shall be allocated to each applicant.

(2)Up to 5 percent of the funds shall be available to support applicants in developing qualified climate adaptation plans.

(3)The remaining balance of the funds may be used to increase the amount of the grant awarded to an applicant under subdivision (a) to the extent the qualified regional climate adaptation plan does any of the following:

(A)Protects vulnerable communities.

(B)Protects natural resources prioritized by the state.

(C)Enhances statewide climate adaptation strategies, as identified by the most recent update to the Safeguarding California Plan under Section 71153.

(D)Reduces or sequesters carbon emissions.

(b)Grant funds made available in the Wildfire Prevention, Safe Drinking Water, Climate Resilience, Drought Preparation, and Flood Protection Bond Act of 2020 (Division ____ (commencing with Section ____)) for purposes of climate resiliency shall be used to fund the grant program developed pursuant to subdivision (a).