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AB-839 Climate adaptation strategy: strategic resiliency framework: Resiliency through Adaptation, Economic Vitality, and Equity Account.(2019-2020)

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Date Published: 06/26/2019 09:00 PM
AB839:v95#DOCUMENT

Amended  IN  Senate  June 26, 2019
Amended  IN  Senate  June 18, 2019
Amended  IN  Senate  June 10, 2019
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 839


Introduced by Assembly Member Mullin

February 20, 2019


An act to amend Sections 71150, 71152, and 71153 of, and to add Sections 71153.5, 71156, and 71157 to, the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


AB 839, as amended, Mullin. Climate adaptation strategy: strategic resiliency framework: Adaptation through Resiliency, Resiliency through Adaptation, Economic Vitality, and Equity Account.
Existing law requires the Natural Resources Agency to update every 3 years the state’s climate adaptation strategy, known as the Safeguarding California Plan, to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors.
This bill would require the Secretary of the Natural Resources Agency, on or before July 1, 2021, to review the plan and develop a strategic resiliency framework, as specified. The bill would require updates to the plan to include include, among other things, a review of the progress made implementing past plans and an evaluation of each lead agency’s lead adaptation efforts, as well as a detailed description of the framework developed by the secretary. The bill would require each state agency identified in the framework to report to the secretary progress completing the recommendations and actions.
The bill would create the Adaptation through Resiliency, Resiliency through Adaptation, Economic Vitality, and Equity Account in the State Treasury, with moneys in the account, upon appropriation, to be allocated to provide financial assistance in the form of grants and financing, as defined, for climate resiliency and adaptation projects that achieve the recommendations and actions called for in the framework. The bill would require the secretary, in consultation with the Treasurer and the Director of State Planning and Research, to develop grants and financing to implement the recommendations and actions called for in the framework, as specified.
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) 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) The economic cost to the state for losses across the state by 2050 is estimated over $100 billion each year.
(3) Rising average temperatures, destructive fires, higher sea levels, and more severe drought and flood put state residents in danger. Already many lives, and even whole communities, have been lost or destroyed.
(4) 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 assertively and comprehensively address the unavoidable impacts of climate change to protect the state.

SEC. 2.

 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) “Financing” means, but is not limited to, loans, leases, energy service agreements, performance contracts, loan loss reserves, interest rate reductions, subordinated debt, bond financing, loan guarantees, or other credit enhancements.
(d) “Framework” means the strategic resiliency framework developed pursuant to Section 71153.5.
(e) “Office” means the Office of Planning and Research.
(f) “Plan” means the Safeguarding California Plan.
(g) “Secretary” means the Secretary of the Natural Resources Agency.

SEC. 3.

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

71152.
 (a) It is the intent of the Legislature to prioritize the state’s response to the impacts resulting from climate change by ensuring all state departments and agencies prepare for and are ready to respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea-level rise, and drought. drought, and climate change-induced financial instability. 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 and that actions taken to address climate resiliency and adaptation should be consistent with the plan.
(b) It is the intent of the Legislature that the secretary shall lead the state’s climate adaptation strategy.

SEC. 4.

 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 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.
(J) Financial resources.
(2) Priority actions needed to reduce risks in those sectors, as identified by the lead agency or group of agencies.
(3) A review of the progress made implementing past plans and an evaluation of each lead agency’s lead adaptation efforts.
(4) A detailed description of the framework developed by the secretary.
(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. 5.

 Section 71153.5 is added to the Public Resources Code, to read:

71153.5.
 On or before July 1, 2021, the secretary shall review the plan and develop a strategic resiliency framework that does all of the following:
(a) Makes recommendations and actions that are necessary to prepare the state for the most significant climate change impacts modeled for 2025, 2050, and beyond.
(b) Identifies and provides for special protections of vulnerable communities and industries that are disproportionately impacted by climate change.
(c) Develops timetables and metrics to measure progress in achieving the strategic resiliency framework.
(d) Establishes actions for community and economic resiliency, the ocean and coast, freshwater supply, and terrestrial ecosystems.
(e) In coordination with the Director of State Planning and Research, quantifies the financial risks and costs of climate change impacts across vulnerable sectors identified pursuant to paragraph (1) of subdivision (a) of Section 71153.

SEC. 6.

 Section 71156 is added to the Public Resources Code, to read:

71156.
 (a) Each state agency identified in the framework shall report to the secretary progress completing the recommendations and actions.
(b) (1) In implementing the framework, state agencies shall collaboratively engage with regional entities, including local agencies and communities, to enhance policy and funding coordination and promote regional solutions and implementation.
(2) The state shall proactively engage vulnerable communities that have been disproportionately impacted in planning and project development to ensure benefits to these regions while preventing potentially unintended consequences from land use and community development decisions.

SEC. 7.

 Section 71157 is added to the Public Resources Code, to read:

71157.
 (a) The Adaptation through Resiliency, Resiliency through Adaptation, Economic Vitality, and Equity Account is hereby created in the State Treasury. Moneys in the account shall be available upon appropriation by the Legislature.
(b) Moneys in the Adaptation through Resiliency, Resiliency through Adaptation, Economic Vitality, and Equity Account shall be allocated to provide financial assistance in the form of grants and financing for climate resiliency and adaptation projects that achieve the recommendations and actions called for in the framework.
(c) The agency, in coordination with the Treasurer and the Director of State Planning and Research, shall develop grants and financing to implement the recommendations and actions called for in the framework. framework prioritized to minimize financial risks and costs identified in the framework pursuant to subdivision (e) of Section 71153.5. To assist in the leveraging of public and private capital investment, the Treasurer, and the financing authorities that the Treasurer chairs, may assist in the development and administration of the financing programs called for in the framework. When developing and adopting the grants and financing programs guidelines and criteria, the agency shall also do all of the following:
(1) Leverage local, state, federal, and private funding sources to maximize the impact, including the ability to pool these moneys into the Adaptation through Resiliency, Resiliency through Adaptation, Economic Vitality, and Equity Account.
(2) Prioritize projects with multibenefits, including water supply and efficiency, natural infrastructure, economic development, habitat enhancement, and community revitalization.
(3) Maximize benefits to vulnerable communities.
(4) Seek to achieve a portfolio approach to funding that supports a diverse set of projects.
(5) Provide technical assistance and capacity building support.
(6) Use regional collaboratives to guide projects.
(7) Support, when appropriate, projects and programs developed pursuant to this part and Part 4.5 (commencing with Section 71350) to Part 6 (commencing with Section 71420), inclusive.
(d) When allocating moneys in the Adaptation through Resiliency, Resiliency through Adaptation, Economic Vitality, and Equity Account for grants and loans consistent with this section, the agency shall use the following schedule:
(1) At least 20 percent of the moneys shall be allocated to support low-income communities.
(2) At least 10 percent of the moneys shall be allocated consistent with the Integrated Climate Adaptation and Resiliency Program (Part 4.5 (commencing with Section 71350)).
(3) At least 5 percent of the moneys shall be allocated to support workforce training programs that prevent or restore fire-impacted watersheds.
(4) At least 20 percent of the moneys shall be allocated to support infrastructure and habitat enhancement projects that protect ocean and coastal resources.
(5) At least 10 percent of the moneys shall be allocated to the Wildlife Conservation Board and state conservancies for the purposes of climate resiliency projects.
(6) At least 1 percent of the moneys shall be allocated to the California Conservation Corps and certified community conservation corps.