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AB-1384 Resiliency Through Adaptation, Economic Vitality, and Equity Act of 2022.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
AB1384:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1384


Introduced by Assembly Member Gabriel
(Coauthor: Assembly Member Cristina Garcia)

February 19, 2021


An act to amend Section 75125 of, and to add Sections 71156 and 71157 to, the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


AB 1384, as introduced, Gabriel. Resiliency Through Adaptation, Economic Vitality, and Equity Act of 2022.
Existing law establishes the Strategic Growth Council in state government consisting of various state agency heads and 3 public members. Existing law assigns to the council certain duties relative to the identification and review of activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet greenhouse gas emissions reduction goals, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.
This bill would require the council to develop and coordinate a strategic resiliency framework that makes recommendations and identifies actions that are necessary to prepare the state for the most significant climate change impacts modeled for 2025, 2050, and beyond, among other goals. The bill would require state agencies identified in the strategic resiliency framework to collaboratively engage with regional entities to enhance policy and funding coordination and promote regional solutions and implementation and to proactively engage vulnerable communities whose planning and project development efforts have been disproportionately impacted by climate change, as provided. The bill would authorize the Treasurer, and the financing authorities that the Treasurer chairs, to assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals identified in the strategic resiliency framework.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Resiliency Through Adaptation, Economic Vitality, and Equity Act of 2022.

SEC. 2.

 (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 to be over $100 billion each year.
(3) Rising average temperatures, destructive fires, higher sea levels, and more severe droughts and floods 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 prioritize the state’s response to the impacts resulting from climate change by ensuring that all state agencies collaboratively prepare for and are ready to respond to the impacts of climate change, with a focus on people, places, and water.

SEC. 3.

 Section 71156 is added to the Public Resources Code, immediately following Section 71155, to read:

71156.
 A state agency identified in the strategic resiliency framework developed by the council pursuant to subdivision (d) of Section 75125 shall do both of the following:
(a) Collaboratively engage with regional entities, including local agencies and communities, to enhance policy and funding coordination and promote regional solutions and implementation.
(b) Proactively engage vulnerable communities whose planning and project development efforts have been disproportionately impacted by climate change to ensure benefits to these regions while preventing potentially unintended consequences from land use and community development decisions.

SEC. 4.

 Section 71157 is added to the Public Resources Code, immediately following Section 71156, to read:

71157.
 The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to this part and subdivision (d) of Section 75125.

SEC. 5.

 Section 75125 of the Public Resources Code is amended to read:

75125.
 The council shall do all of the following:
(a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy strategy, known as the Safeguarding California Plan Plan, adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code.
(b) Recommend policies and policies, investment strategies and strategies, and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities.
(d) Develop and coordinate a strategic resiliency framework that does all of the following:
(1) Makes recommendations and identifies actions, including, but not limited to, workshops and public meetings, that are necessary to prepare the state for the most significant climate change impacts modeled for 2025, 2050, and beyond, and identifies state agencies responsible for implementing those recommendations and actions.
(2) Identifies and provides for special protections of vulnerable communities and industries that are disproportionately impacted by climate change.
(3) Develops timetables and metrics to measure the state’s progress in implementing the framework.
(4) Establishes community and economic resiliency actions for the ocean and coast, freshwater supply, desert, and terrestrial ecosystems.

(d)

(e) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following:
(1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant to this article.
(5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129.

(e)

(f) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded project.
(6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.