Today's Law As Amended


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AB-2442 California Disaster Assistance Act: climate change.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 8680.3 of the Government Code is amended to read:

8680.3.
 “Disaster” means a fire, flood, storm, tidal wave, earthquake, climate change,  terrorism, epidemic, or other similar public calamity that the Governor determines presents a threat to public safety.

SEC. 2.

 Section 8686.4 of the Government Code is amended to read:

8686.4.
 (a) Whenever the local agency and the director determine for projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, the director shall authorize the replacement, including, in the case of a public building, an increase in the square footage of the building replaced, but the cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and the excess cost shall be excluded in determining the amount to be allocated by the state. The state contribution shall not exceed the net cost of restoring each facility on the basis of the design of the facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards.
(b) Notwithstanding subdivision (a), when the director determines there are mitigation measures that are cost effective and that substantially reduce the risk of future damage, hardship, loss, or suffering in any area where a state of emergency has been proclaimed by the Governor, the director may authorize the implementation of those measures. For climate change and disasters related to climate, these types of mitigation measures may include, but are not limited to, measures that reduce emissions of greenhouse gases and investments in natural infrastructure, as defined in clause (v) of subparagraph (C) of paragraph (4) of subdivision (g) of Section 65302, including, but not limited to, the preservation of natural and working lands, as described in subdivision (b) of Section 65041.1, improved forest management, and wildfire risk reduction measures.