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SB-1100 Coastal resources: sea level rise.(2019-2020)

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Date Published: 02/19/2020 09:00 PM
SB1100:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1100

Introduced by Senator Atkins

February 19, 2020

An act to amend Sections 30001.5, 30501, and 71116 of, to add Section 30421 to, to add Article 8 (commencing with Section 30270) to Chapter 3 of Division 20 of, and to add Division 20.6.5 (commencing with Section 30970) to, the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 1100, as introduced, Atkins. Coastal resources: sea level rise.
(1) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission, within 90 days after January 1, 1977, to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, including a common methodology for the preparation of, and the determination of the scope of, the local coastal programs, as provided.
This bill would also include, as part of the procedures the commission is required to adopt, recommendations and guidelines for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, as provided. The bill would delete the timeframe specified above by which the commission is required to adopt these procedures. The bill would require the commission to take into account the effects of sea level rise in coastal resource planning and management policies and activities, as provided. In addition, the bill would require state and regional agencies to identify, assess, and, to the extent feasible and consistent with their statutory authorities, minimize and mitigate the impacts of sea level rise. To the extent that a regional agency is a local public agency, this bill would impose a state-mandated local program.
The act makes legislative findings and declarations relating to the basic goals of the state for the coastal zone.
This bill would add, as part of those goals, the goal of anticipating, assessing, planning for, and, to the extent feasible, minimizing and mitigating the adverse environmental and economic effects of sea level rise within the coastal zone.
(2) Existing law requires the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create and post on an internet website a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise.
This bill would create within state government the California Sea Level Rise State and Regional Support Collaborative. The bill would require the collaborative to consist of 5 members, as provided, including the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency. The bill would require the collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, and, where feasible, the mitigation of sea level rise. The bill would require, upon appropriation in the annual Budget Act, the collaborative to expend no more than $100,000,000 annually from appropriate bond funds and other sources for the purpose of making grants to local governments to update local and regional land use plans to take into account sea level rise and for directly related investments to implement those plans, as provided. The bill would require the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency, as part of the adoption of the annual Budget Act, to annually appear before the budget committees of both houses of the Legislature regarding the implementation of the above provisions.
(3) Existing law establishes the Environmental Justice Small Grant Program under the jurisdiction of the California Environmental Protection Agency, with the purpose to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues. Existing law authorizes the Secretary for Environmental Protection to expend up to $1,500,000 per year for purposes of this grant program.
This bill would instead authorize the secretary to expend up to $2,000,000 per year for purposes of the grant program and would require up to $500,000 of that money to be expended by the secretary for grants to organizations working to address and mitigate the effects of sea level rise in disadvantaged communities, as defined, impacted by sea level rise.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 30001.5 of the Public Resources Code is amended to read:

30001.5.
 The Legislature further finds and declares that the basic goals of the state for the coastal zone are to:
(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.
(b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.
(c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(d) Assure priority for coastal-dependent and coastal-related development over other development on the coast.
(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
(f) Anticipate, assess, plan for, and, to the extent feasible, minimize and mitigate the adverse environmental and economic effects of sea level rise within the coastal zone.

SEC. 2.

 Article 8 (commencing with Section 30270) is added to Chapter 3 of Division 20 of the Public Resources Code, to read:
Article  8. Sea Level Rise

30270.
 The commission shall take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, mitigate the adverse effects of sea level rise.

SEC. 3.

 Section 30421 is added to the Public Resources Code, to read:

30421.
 State and regional agencies shall identify, assess, and, to the extent feasible and consistent with their statutory authorities, minimize and mitigate the impacts of sea level rise.

SEC. 4.

 Section 30501 of the Public Resources Code is amended to read:

30501.
 The commission shall, within 90 days after January 1, 1977, shall adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of any a local coastal program, including, but not limited to, all of the following:
(a) A common methodology for the preparation of, and the determination of the scope of, the local coastal programs, taking into account the fact that local governments have differing needs and characteristics.
(b) Recommended uses that are of more than local importance that should be considered in the preparation of local coastal programs. Such Those uses may be listed generally or the commission may, from time to time, recommend specific uses for consideration by any a local government.
(c) Recommendations and guidelines, which shall be periodically updated by the commission to incorporate new information as it becomes available, for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, taking into account local and regional conditions and the differing capacities and funding available to local governments.

SEC. 5.

 Division 20.6.5 (commencing with Section 30970) is added to the Public Resources Code, to read:

DIVISION 20.6.5. California Sea Level Rise Mitigation and Adaptation Act of 2020

30970.
 This division shall be known, and may be cited, as the California Sea Level Rise Mitigation and Adaptation Act of 2020.

30971.
 The Legislature finds and declares all of the following:
(a) California has 1,264 miles of coastline, and, if small bays and inlets are included, it has up to 3,000 miles of coastline located on the western seaboard of the United States, all of which is prone to the severe and pervasive effects of sea level rise.
(b) According to the “State of California Sea-Level Rise Guidance Document” issued by the Natural Resources Agency and the Ocean Protection Council, the impacts of sea level rise on the state will be significant and pervasive, and could occur as soon as within the next decade.
(c) (1) As with most impacts from climate change, the impacts of sea level rise are both environmental and economic, including losses to publicly owned infrastructure, such as airports, rail lines, streets and highways, pipelines, waste water treatment plants, schools, hospitals, and other facilities.
(2) For example, the catastrophic inundation, flooding, and property damage from a small rise in sea level, combined with a 1-in-10 likelihood of a Pacific storm, could amount to tens of billions of dollars in uninsured losses of structures and properties.
(3) A 2015 assessment by the Risky Business Project, led by former United States Treasury Secretary Henry Paulson and other business leaders, found that between eight billion dollars ($8,000,000,000) and ten billion dollars ($10,000,000,000) of existing property in the state is likely to be underwater by the year 2050 if current trends continue.
(4) According to the 2015 National Oceanic and Atmospheric Administration report, The National Significance of California’s Coastal Economy, “California’s 19 coastal counties generated $662 billion in wages and $1.7 trillion in GDP in 2012” and “California’s ocean-related activities represent a substantial portion of the U.S. ocean economy as a whole—13 percent of the establishments, 14 percent of the employment and wages, and 12 percent of the GDP in 2012,” all of which would be adversely affected by sea level rise.
(5) Recent reports in periodicals, such as the Los Angeles Times, state succinctly that “Destruction from sea level rise in California could exceed worst wildfires and earthquakes.”
(d) For the economy, the natural environment, and the people of California, it is urgent that the state enact new statutes to plan for, anticipate, and respond to sea level rise.
(e) The purpose of this division is to establish new planning, assessment, funding, and mitigation tools for California to address and respond to sea level rise.

30972.
 (a) (1) There is hereby created within state government the California Sea Level Rise State and Regional Support Collaborative.
(2) For purposes of this division, “collaborative” means the California Sea Level Rise State and Regional Support Collaborative.
(b) (1) The collaborative shall consist of five members.
(2) The membership of the collaborative shall be composed of all of the following voting members:
(A) The Secretary for Environmental Protection, who shall be the cochair.
(B) The Secretary of the Natural Resources Agency, who shall be the cochair.
(C) A public member, appointed by the Governor.
(3) The membership of the collaborative shall be composed of the following nonvoting members, who shall serve a term of four years each.
(A) A person appointed by the Speaker of the Assembly.
(B) A person appointed by the Senate Committee on Rules.
(c) The collaborative shall provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, and, where feasible, the mitigation of sea level rise.

30973.
 (a) Upon appropriation by the Legislature in the annual Budget Act, the collaborative shall expend not more than one hundred million dollars ($100,000,000) annually from appropriate bond funds and other sources for the purposes of making grants to local governments to update local and regional land use plans to take into account sea level rise, and for directly related investments to implement those plans. Priority shall be given to those local governments that have agreed most effectively and urgently to plan for and implement actions to address sea level rise.
(b) As part of the adoption of the annual Budget Act, the Secretary of Environmental Protection and the Secretary of the Natural Resources Agency shall annually appear before the budget committees of both houses of the Legislature regarding the implementation of this division.

SEC. 6.

 Section 71116 of the Public Resources Code is amended to read:

71116.
 (a) The Environmental Justice Small Grant Program is hereby established under the jurisdiction of the California Environmental Protection Agency. The California Environmental Protection Agency shall adopt regulations for the implementation of this section. These regulations shall include, but need not be limited to, all of the following:
(1) Specific criteria and procedures for the implementation of the program.
(2) A requirement that each grant recipient submit a written report to the agency documenting its expenditures of the grant funds and the results of the funded project.
(3) Provisions promoting the equitable distribution of grant funds in a variety of areas throughout the state, with the goal of making grants available to organizations that will attempt to address environmental justice issues.
(b) The purpose of the program is to provide grants to eligible community groups, including, but not limited to, community-based, grassroots nonprofit organizations organizations, that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.
(c) (1) Both of the following are eligible to receive moneys from the fund:
(A) A nonprofit entity.
(B) A federally recognized tribal government.
(2) For the purposes of this section, “nonprofit entity” means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria:
(A) Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest.
(B) Is not organized primarily for profit.
(C) Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations.
(D) Is a tax-exempt organization under Section 501(c)(3) of the federal Internal Revenue Code, or is able to provide evidence to the agency that the state recognizes the organization as a nonprofit entity.
(3) For the purposes of this section, “nonprofit entity” specifically excludes an organization that is a tax-exempt organization under Section 501(c)(4) of the federal Internal Revenue Code.
(d) Individuals may not receive grant moneys from the fund.
(e) Grant recipients shall use the grant award to fund only the project described in the recipient’s application. Recipients shall not use the grant funding to shift moneys from existing or proposed projects to activities for which grant funding is prohibited under subdivision (g).
(f) Grants shall be awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. Grants shall be limited to any of the following purposes and no other:
(1) Resolve environmental problems through distribution of information.
(2) Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution.
(3) Expand the understanding of a community about the environmental issues that affect their community.
(4) Develop guidance on the relative significance of various environmental risks.
(5) Promote community involvement in the decisionmaking process that affects the environment of the community.
(6) Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information.
(g) (1) The agency shall not award grants for, and grant funding shall not be used for, any of the following:
(A) Other state grant programs.
(B) Lobbying or advocacy activities relating to any federal, state, regional, or local legislative, quasi-legislative, adjudicatory, or quasi-judicial proceeding involving development or adoption of statutes, guidelines, rules, regulations, plans or any other governmental proposal, or involving decisions concerning siting, permitting, licensing, or any other governmental action.
(C) Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding.
(D) Funding of a lawsuit against any governmental entity.
(E) Funding of a lawsuit against a business or a project owned by a business.
(F) Matching state or federal funding.
(G) Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency.
(2) An organization’s use of funds from a grant awarded under this section to educate a community regarding an environmental justice issue or a governmental process does not preclude that organization from subsequent lobbying or advocacy concerning that same issue or governmental process, as long as the lobbying or advocacy is not funded by a grant awarded under this section.
(h) The agency shall review, evaluate, and select grant recipients, and screen grant applications to ensure that they meet the requirements of this section.
(i) The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000).
(j) For the purposes of this section, “environmental justice” has the same meaning as defined in Section 65040.12 of the Government Code.
(k) (1) The Secretary for Environmental Protection may expend up to one million five hundred thousand dollars ($1,500,000) two million dollars ($2,000,000) per year for the purposes of this section.
(2) (A) Of the amount described in paragraph (1), up to five hundred thousand dollars ($500,000) shall be expended by the Secretary for Environmental Protection for grants to organizations working to address and mitigate the effects of sea level rise in disadvantaged communities impacted by sea level rise.
(B) For purposes of this section, “disadvantaged community” shall have the same meaning as defined in Section 71118.
(l) Board, departments, and offices within the California Environmental Protection Agency may allocate funds from various special funds, settlements, and penalties to implement this program.

SEC. 7.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.