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SB-1015 California Climate Resiliency Program.(2017-2018)

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Date Published: 06/21/2018 09:00 PM
SB1015:v95#DOCUMENT

Amended  IN  Assembly  June 21, 2018
Amended  IN  Assembly  June 12, 2018
Amended  IN  Senate  May 10, 2018
Amended  IN  Senate  April 05, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1015


Introduced by Senator Allen
(Principal coauthor: Senator Dodd)
(Coauthors: Senators Portantino Hill, Portantino, and Stern)

February 07, 2018


An act to add Division 46 (commencing with Section 80200) to the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


SB 1015, as amended, Allen. California Climate Resiliency Program.
Existing law establishes the Wildlife Conservation Board and prescribes the membership and functions and duties of the board with regard to the preservation and protection of natural lands and wildlife habitat. The California Global Warming Solutions Act of 2006 requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and be available, upon appropriation by the Legislature, for greenhouse gas emissions reduction activities.
This bill would establish the California Climate Resiliency Program to increase resiliency to climate change impacts in urban and rural communities throughout the state and to fund the planning and implementation of projects that improve and enhance the climate change resiliency of natural systems, natural and working lands, and developed areas. The bill would require that the program be developed and implemented by the Wildlife Conservation Board, in coordination with any participating state conservancies, as defined. The bill would require that moneys from the Greenhouse Gas Reduction Fund, bonds, settlements, settlements with conditions consistent with the program, and other revenue sources, upon appropriation in the annual Budget Act, be transferred to the California Climate Change Resiliency Fund (fund), which the bill would create. The bill would require that the board and any participating state conservancies, by June 30, 2019, jointly develop a schedule for the allocation of moneys transferred to the fund pursuant to those provisions. provisions to the board and each participating conservancy, as provided. The bill would require that the schedule of allocation be determined based on the geographical scope and population of the jurisdictional area, as prescribed, area covered by the board and each participating conservancy, and be jointly updated by the board and participating conservancies, not less than once every 5 years, as prescribed. The bill would require that any allocations of moneys from the fund that are included in the schedule of allocation be based on the geographical scope and population of an the jurisdictional area covered by a climate resiliency program the board and each participating conservancy with consideration given to visitor population of the jurisdictional area and the population served by a jurisdictional area even if all or a portion of the population served by the jurisdictional area resides outside of the jurisdictional area. The bill would require that the board and any participating state conservancies expend moneys from the fund for purposes of the program, as prescribed. The bill would also require the board to expend a portion of those moneys to fund projects located in disadvantaged communities, as described, and low-income communities, as defined.
The bill would require the board, in collaboration with state conservancies that are considering participating in the program, no later than January 1, 2020, after a public hearing or other public process, to develop criteria and guidelines for the implementation of the program. program, as provided. The bill would require that, to be eligible to receive moneys transferred to the fund pursuant to the bill, the board and any participating state agency adopt authorize the board and each participating conservancy to develop a climate resiliency program pursuant to the bill that prioritizes projects that include specified cobenefits. The bill would require the board and a participating conservancy, after a participating conservancy notifies the board in writing of its interest in the program and completes the above-described criteria and guidelines, to adopt its own climate resiliency plan or climate resiliency program covering its jurisdiction that is consistent with specified objectives and priorities as geographically appropriate, as specified. The bill would authorize the board and any participating state conservancies to award grants to specified public entities and nongovernmental organizations for projects that are consistent with the program. The bill would require the board and any participating state conservancies to each prepare an annual public report on projects undertaken pursuant to the program during the year prior to preparation of the report, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is experiencing documented adverse impacts as a result of climate change and it is predicted that these impacts will accelerate.
(b) California’s devastating fire season is getting longer and more intense, as evidenced by destructive October fires in northern California and December fires in southern California.
(c) This decade produced the worst drought in California’s history, which ended with the second wettest rain and snow season on record.
(d) Climate change is driving longer and hotter heat waves, along with increasingly higher average temperatures, which exacerbate the urban heat island effect.
(e) All of these climate-change-driven impacts are having detrimental effects on California’s people, communities, and natural resources.
(f) California needs to strategically invest in regional projects that enhance the state’s resiliency to climate change, reduce greenhouse gas emissions, and protect and restore California’s natural resources and systems.

SEC. 2.

 Division 46 (commencing with Section 80200) is added to the Public Resources Code, to read:

DIVISION 46. California Climate Resiliency Program

80200.
 (a) The California Climate Resiliency Program is hereby created to increase resiliency to climate change impacts in urban and rural communities throughout the state and to fund the planning and implementation of projects that reduce emissions of greenhouse gases and improve and enhance the climate change resiliency of natural systems, natural and working lands, and developed areas. The program shall be developed and implemented by the Wildlife Conservation Board, in coordination with any participating state conservancies.
(b) (1) Moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, bonds, settlements, settlements with conditions consistent with this division, and other revenue sources, upon appropriation in the annual Budget Act, shall be transferred to the California Climate Change Resiliency Fund, which is hereby created in the State Treasury.
(2) The board and any participating state conservancies shall, by June 30, 2019, jointly develop a schedule for the allocation of moneys transferred to the fund pursuant to paragraph (1). (1) to the board and each participating conservancy, which shall include amounts and a timeline for the distribution of moneys transferred to the fund pursuant to that paragraph. The schedule of allocation shall be determined based on the geographical scope and population of the jurisdictional area covered by a climate resiliency program the board and each participating state conservancy with consideration given to visitor population of the jurisdictional area and the population served by a jurisdictional area even if all or a portion of the population of that area resides outside of the jurisdictional area. The schedule of allocation shall be jointly updated by the board and any participating state conservancies not less than once every five years and prior to any annual budget allocations to be made in the fiscal year immediately following the adoption of a climate resiliency program by a state conservancy that had not previously participated in the program created by this division. allocations. Each update shall include any additional conservancy that has notified the board in writing that it has elected to participate in the program. A copy of the schedule of allocation shall be provided to the respective budget committees in the Assembly and the Senate and to the appropriate policy committees in each house with relevant jurisdiction.
(3) The board and any participating state conservancies shall expend moneys in the fund for the purposes of the program. A portion of any moneys appropriated pursuant to paragraph (1) shall be used to fund projects located in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code and in low-income communities, as defined in Section 39713 of the Health and Safety Code, in order to ensure that the state achieves its goals under Section 39713 of the Health and Safety Code.
(c) (1) No later than January 1, 2020, the board, in collaboration with any state conservancies that are considering participating in the program, shall, after a public hearing or other public process, develop criteria and guidelines for the implementation of the program created by this division. The criteria shall include, but not be limited to, standardized measurement and reporting requirements of adaptation benefits and greenhouse gas emissions reductions. In developing those criteria and guidelines, the board, in collaboration with any of those stateconservancies that are considering participating in the program board and any participating state conservancies shall also consult with the Office of Planning and Research regarding the implementation of the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350) of Division 34 and any other state entities, as appropriate, that are responsible for the implementation of programs to address the effects of climate change.
(2) The board and each participating state conservancy may develop a climate resiliency program under this division. Any such climate resiliency program adopted by a participating state conservancy shall also prioritize projects that include the following cobenefits:
(A) Job creation and training with a preference for at-risk youth employment.
(B) Recreational opportunities.
(C) Public health improvement.
(D) Local community engagement through outreach, education, and interpretation as it relates to long-term stewardship and climate change awareness.
(d) (1) After a state conservancy notifies the board in writing of its interest in the program created by this division and the criteria and guidelines have been completed pursuant to subdivision (c), the board and each participating state conservancy shall adopt its own climate resiliency plan or climate resiliency program that is consistent with the mission of the board or the participating state conservancy, and covers climate adaptation and resiliency in its jurisdiction.
(2) The climate resiliency plan or climate resiliency program required pursuant to paragraph (1) shall outline the board’s or the participating state conservancy’s activities implementing the program including, but not limited to, the expenditure of their allocation from the fund. Eligible activities for a climate resiliency plan or climate resiliency program may include any of the following objectives and priorities as geographically appropriate:

(d)(1)To be eligible to receive moneys transferred to the fund pursuant to subdivision (b), the board and any participating state conservancy shall adopt a climate resiliency program covering its jurisdiction that is consistent with the following objectives and priorities as geographically appropriate:

(A) Acquisition, preservation, and restoration of the wildland urban interface that buffers communities from wildfire, flood, and other natural disasters.
(B) Acquisition, protection, and restoration of wildlife corridors and habitats, other habitats, or ecosystems at risk due to urban sprawl or climate change.
(C) Improvement in fish and wildlife habitats on public and private lands for migratory, anadromous, and other climate-vulnerable species using adaptive conservation strategies, including provision of seasonal and temporary habitats, to buffer the impacts of climate change. Investments in conservation actions on private lands shall be in accordance with subdivision (c).
(D) Improvement of coastal resources to address sea level rise, storm surge, beach and bluff erosion, salt water intrusion, flooding, and to preserve and enhance coastal wetlands and natural lands, and to conserve biodiversity.
(E) Acquisition, preservation, and restoration of agricultural and open space to improve soil health and carbon soil sequestration, erosion control, water quality, and water retention, and to provide flood control and create habitat.
(F) Improvement of forest and watershed health through hazardous fuels reduction, postfire watershed rehabilitation, prescribed or managed burns, invasive species, pest, and disease identification and eradication, acquisition of forest conservation easements or fee interests, and other fire prevention methods.
(G) Development, restoration, and maintenance of urban forests, river parkways, greenways, creeks and streams, trails, and parks that reduce heat island effect, capture stormwater runoff, help control or eradicate invasive species, disease, and pests, and provide active transportation and recreational opportunities.
(H) Restoration of watershed health, creation and restoration of wetland habitat, provision of benefits to salmon, steelhead, and other fisheries, enhancement of stream flows, restoration of mountain meadows, reconnection of historical flood plains, provision of fish passages, restoration of river channels, control of invasive plants, and restoration or enhancement of riparian, aquatic, and terrestrial habitat.
(I) Conservation of water resources through the use of drought-efficient landscaping, stormwater capture and filtration, impervious surfaces, green roofs, and other forms of water capture and storage.

(2)Any climate resiliency programs adopted by a participating state conservancy shall also prioritize projects that include the following cobenefits:

(A)Job creation and training with a preference for at-risk youth employment.

(B)Recreation.

(C)Public health improvement.

(D)Local community engagement through outreach, education, and interpretation as it relates to long-term stewardship and climate change awareness.

(3) To satisfy the requirements of paragraphs (1) and (2), paragraphs (1) and (2), the board and any state conservancy may update an existing plan or program to meet the criteria and guidelines requirements for a climate resiliency plan or climate resiliency program developed pursuant to subdivision (c). paragraphs (1) and (2). The State Coastal Conservancy’s Climate Ready Program developed pursuant to the requirements of Section 31113 is an existing climate resiliency program for purposes of this division.
(4) Projects eligible under this program shall, to the extent applicable and appropriate, have enduring benefits, include a monitoring program, and incorporate adaptive management strategies and best practices.
(e) (1) The board and any participating state conservancies may award grants to entities, including, but not limited to, public agencies, nongovernmental organizations, park and open-space districts and authorities, resource conservation districts, joint powers authorities, federally recognized Native American tribes and nonfederally recognized Native American tribes listed on the California Tribal Consultation List maintained by the Native American Heritage Commission, entities responsible for implementing natural community conservation plans or regional habitat conservation plans, and regional collaboratives for climate adaptation, for projects and programs that are consistent with this division.
(2) The board may award grants for ecosystem restoration projects, as set forth in Chapters 611, 612, 613, and 614 of the Statutes of 2003, as well as other existing programs that are consistent with this division.
(3) The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy may directly implement or award grants to fund projects consistent with this division that are part of the Lower Los Angeles River Revitalization Plan. The Santa Monica Mountains Conservancy may directly implement or award grants to fund projects consistent with this division that are a part of the revitalization plan developed by the Upper Los Angeles River and Tributaries Working Group pursuant to Section 33220.
(f) The board and any participating state conservancies shall each prepare an annual public report on projects undertaken pursuant to this program during the year prior to preparation of the report. This report may be incorporated, as applicable, into an existing reporting requirement.

80201.
 For purposes of this division, the following terms have the following meanings:
(a) “Fund” means the California Climate Change Resiliency Fund created in Section 80200.
(b) “Participating state conservancy” means a state conservancy that has adopted a climate resiliency program covering its jurisdiction and notified the board in writing that it has elected to participate in the program established pursuant to this division.