Bill Text: CA AB585 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Climate change: Extreme Heat and Community Resilience Program.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Engrossed - Dead) 2021-08-26 - In committee: Held under submission. [AB585 Detail]

Download: California-2021-AB585-Amended.html

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Amended  IN  Senate  June 30, 2021

Amended  IN  Assembly  May 24, 2021

Amended  IN  Assembly  March 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 585

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Introduced by Assembly Member Luz Rivas
(Coauthors: Assembly Members Bloom and Cristina Garcia Bloom, Cristina Garcia, Eduardo Garcia, Mathis, and Robert Rivas)
(Coauthor: Senator Eggman)(Coauthors: Senators Eggman, Hueso, and Stern)

February 11, 2021

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An act to add Part 4.6 (commencing with Section 71361) to Division 34 of the Public Resources Code, relating to climate change.

LEGISLATIVE COUNSEL'S DIGEST

AB 585, as amended, Luz Rivas. Climate change: Extreme Heat and Community Resilience Program.

Existing law requires the Natural Resources Agency every 3 years to update the Safeguarding California Plan, the state’s climate adaptation strategy. As part of the update, existing law requires the agency to coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. Existing law requires state agencies to work to maximize specified objectives related to climate change. 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 of Planning and Research, to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts.

This bill would establish the Extreme Heat and Community Resilience Program for the purpose of coordinating state efforts and supporting local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and the urban heat island effect, and would require the Office of Planning and Research to administer the program through the Integrated Climate Adaptation and Resiliency Program. Under the Extreme Heat and Community Resilience Program, the bill would require the Office of Planning and Research, as provided, Research to coordinate the state’s efforts to address extreme heat and to facilitate the implementation of local, regional, and state climate change planning into effective projects through the awarding of competitive grants to eligible entities for implementation of those projects. to address extreme heat and the urban heat island effect and to provide financial and technical assistance to eligible entities to support local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and the urban heat island effect, as provided. The bill would require the Office of Planning and Research to submit a report to the Legislature by July 1, 2023, on certain matters relating to extreme heat and the urban heat island effect. The bill would require the Office of Planning and Research, before awarding grants under the Extreme Heat and Community Resilience Program, to adopt certain guidelines for the program and would require the Office of Planning and Research to seek input from the public and relevant state agencies, as appropriate, in the drafting of those guidelines. The bill would establish the Extreme Heat and Community Resilience Fund in the State Treasury and would require the Office of Planning and Research, upon appropriation by the Legislature, to expend moneys in the fund for the implementation of the Extreme Heat and Community Resilience Program.

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.

 Part 4.6 (commencing with Section 71361) is added to Division 34 of the Public Resources Code, to read:

PART 4.6. Extreme Heat and Community Resilience Program

71361.

 For purposes of this part, unless the context requires otherwise, the following definitions apply:

(a) “Comprehensive heat action plan” means a community-driven, multielement plan adopted by a local or regional entity that addresses extreme heat and the urban heat island effect and includes two or more actions from related to the following categories:

(1) Natural infrastructure.

(2) Built infrastructure.

(3) Social infrastructure.

(4) Communications.

(5) Planning.

(6) Policy.

(b)“Eligible entities” means nonprofit organizations or coalitions of nonprofit organizations, community-based organizations, community development corporations or financial institutions, local and regional public agencies, joint powers authorities, and tribal governments, that demonstrate partnerships with multiple stakeholders in the development and implementation of a project.

(b) “Eligible entity” means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project.

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

(d) “Program” means the Extreme Heat and Community Resilience Program established in Section 71361.5.

71361.5.

 (a) The Extreme Heat and Community Resilience Program is hereby established and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350). The purpose of the program is to coordinate state efforts and support local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and the urban heat island effect.

(b) The office, through the Integrated Climate Adaptation and Resiliency Program, shall coordinate office shall do both of the following:

(1) Coordinate the state’s efforts to address extreme heat and to facilitate the implementation of local, regional, and state climate change planning into effective projects to do the following: and the urban heat island effect. This may include establishing a working group composed of state agencies that administer relevant programs to consider opportunities to improve the design of these programs to promote a more coordinated, effective approach to extreme heat and the urban heat island effect.

(1)Mitigate the impacts of extreme heat through the use of reflective surface materials in the built environment and other activities consistent with the purposes of the program. Eligible projects include, but are not limited to, any of the following:

(A)Cool roofs to increase solar reflectance and reduce structural temperatures.

(2) Provide financial and technical assistance to eligible entities to support local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and the urban heat island effect. The program may provide financial assistance for all of the following purposes:

(A) To prepare or update a comprehensive heat action plan or component of another plan, including a general plan, local coastal program, and local hazard mitigation plan, to address extreme heat and the urban heat island effect and improve community resilience.

(B) To implement projects to mitigate the impacts of extreme heat and the urban heat island effect, including any of the following:

(i) Cool building materials that increase solar reflectance and reduce structural temperatures, like cool roofs, cool building surfaces, and other cool surface materials.

(B)

(ii) Cool pavements on roadways and other active transportation surfaces and school playgrounds to increase solar reflectance, reduce heat transmitted, and improve water permeability. that increase solar reflectance, reduce the amount of heat absorbed, or improve water permeability, including on roadways, streets, bike paths, sidewalks, parking lots, and school playgrounds.

(C)Cool building surfaces and other cool surface materials that increase shade, increase solar reflectance, or otherwise reduce heat island impacts.

(D)Building design,

(iii) Projects that increase shade.

(iv) Projects to improve building siting and design to reduce heat, including heating, ventilation, ventilation and air conditioning (HVAC) systems, that reduce heat. systems.

(2)Reduce the public health risks of extreme heat and related climate change impacts and enhance the resilience of affected populations by establishing community resilience centers and supporting community resilience planning efforts and other activities consistent with the purposes of the program. Eligible projects include, but are not limited to, any of the following:

(C) To implement projects to reduce the public health risks of, and improve community resilience to, extreme heat and the urban heat island effect, including any of the following:

(A)

(i) The construction of new facilities or the retrofit of existing facilities that will serve as community resilience centers, including hydration stations, cooling centers, clean air centers, respite centers, community evacuation and emergency response centers, and similar facilities to mitigate the public health impacts of extreme heat and related climate change impacts on local populations.

(B)(i)Local planning activities to adapt community infrastructure, the built environment and natural systems to the impacts of climate change, including heat action plans to prepare for and respond to extreme heat events.

(ii)The updating of local plans, including general plans, local coastal programs, local hazard mitigation plans, heat action plans, and other local plans to improve community resilience to the impacts of climate change.

(iii)

(ii) Public education campaigns and other measures to increase awareness of the public health risks of extreme heat, heat and the urban heat island effect, the services available to reduce those risks, and further opportunities to reduce those risks.

(c) Pursuant to paragraph (2) of subdivision (b), the office may fund technical assistance providers to assist in application development and project development and implementation.

(c)

(d) The office shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, by July 1, 2022, detailing 2023, that includes all of the following:

(1) Summarizes all actions taken over the previous year by all state agencies, departments, and programs to mitigate the urban heat island effect and to prepare for and reduce the impacts from extreme heat events. The report shall also document

(2) Documents the cost, budget allocations, and staff dedicated to addressing extreme heat. heat and the urban heat island effect.

(3) Reviews state programs that address extreme heat and the urban heat island effect to identify potential gaps or unmet needs in the state’s approach and includes recommendations on ways to improve policies, programs, and interagency coordination.

(d)

(e) In administering the program, the office shall shall, at a minimum, be informed by the California’s Fifth most recent California Climate Change Assessment and any subsequent climate assessments, Assessment, the climate science research programs administered by the Strategic Growth Council, and any other relevant climate science research. research, the most recent update to Safeguarding California, the State Adaptation Planning Guide, and relevant resources in the adaptation clearinghouse.

(e)

(f) In administering the program, the office shall seek to minimize greenhouse gas emissions. emissions, avoid maladaptation, and maximize other cobenefits, including adaptation to other climate change impacts.

71362.

(a)The office, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350), shall manage and award competitive grants for extreme heat and community resilience projects to eligible entities through an application process.

(b)

71362.

 (a) Before awarding grants under the program, the office shall adopt guidelines that include all of the following:

(1)Guidelines for awarding grants, including criteria for eligibility.

(1) Eligibility and selection criteria.

(2) Criteria for determining the amount of the grant to be awarded.

(3) Provision of technical assistance to prepare grant applications. assist in application development and project development and implementation.

(4) Requirements for grant recipients to report on project progress, including a final report at the conclusion of the project on measurable results of the project, including, but not limited to, ambient and surface temperature reductions, public health benefits benefits, and improved health outcomes of the population served by the project.

(5) Provision for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded.

(b) The office shall seek public input on draft program guidelines, including from populations and communities that could benefit from the program and eligible entities.

(c) For grants awarded for projects described in paragraph (1) of subdivision (b) of Section 71361.5, To the extent feasible, the office shall consult with seek input from and consider the recommendations of the Natural Resources Agency on climate resilience, Agency including the agency’s urban forestry and greening program, programs, the Department of Transportation, the State Energy Resources Conservation and Development Commission, the State Department of Public Health, and the Department of Community Services and Development, other relevant state agencies, and local and public health agencies, as appropriate, in awarding grants for those projects. on the draft program guidelines.

(d)For grants awarded for projects described in paragraph (2) of subdivision (b) of Section 71361.5, the office shall seek input from, and promote interagency coordination among, public agencies, as appropriate, including, but not limited to, the State Department of Public Health and local and regional public health agencies.

(e)

(d) In developing guidelines pursuant to subdivision (b), (a), the office may refer to guidelines adopted for other relevant funding programs in this division. programs.

(f)

(e) In awarding grants, the office shall give priority to projects that meet any of the following:

(1) Serve disadvantaged communities, as identified in Section 39711 of the Health and Safety Code.

(2) Demonstrate participation in a regional climate collaborative program established in accordance with Part 3.6 (commencing with Section 71130).

(3) Serve those populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, the State Department of Public Health, or both.

(4) Serve vulnerable communities, as defined in Section 71340.

(5) Are components of a comprehensive heat action plan.

(g)

(f) All projects funded through this program shall consider and be informed by tools and data on current and future climate risks derived by the most up-to-date recent California Climate Change Assessment pursuant to Part 4.4 (commencing with Section 71340).

(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines adopted pursuant to this section.

71363.

 (a) It is the intent of the Legislature that the office, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350), coordinate with other state agencies currently providing that provide grants to address extreme heat. heat and the urban heat island effect. It is also the intent of the Legislature that the office seek to fund projects in categories not eligible for funding in any preexisting program.

(b) This section shall not diminish, reduce, or detract from existing grant programs administered under the Natural Resources Agency, including, but not limited to, the California Urban Forestry Act of 1978 established in Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4.

71364.

 The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund, upon appropriation by the Legislature, shall be expended by the office for the implementation of the program.