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SB-582 Climate Emergency Mitigation, Safe Restoration, and Just Resilience Act of 2021.(2021-2022)

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Date Published: 05/21/2021 04:00 AM
SB582:v96#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  April 05, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 582

Introduced by Senator Stern
(Principal coauthor: Senator Cortese)
(Coauthor: Senator Wiener)
(Coauthor: Assembly Member Lee)

February 18, 2021

An act to amend Section 38566 of the Health and Safety Code, and to add Division 33.5 (commencing with Section 70900) to the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


SB 582, as amended, Stern. Climate Emergency Mitigation, Safe Restoration, and Just Resilience Act of 2021.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions, and to update the plan not less than every 5 years. Under the act, a violation of a rule, regulation, order, emission limitation, emission reduction measure, or other measure adopted by the state board under the act is a crime.
This bill would require the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% and up to 80% below the 1990 level by 2030. By expanding the scope of a crime, this bill would imposed a state-mandated local program. The bill would adopt a state policy to lead a global effort to restore oceanic and atmospheric concentrations of greenhouse gas emissions to preindustrial levels as soon as possible to secure a safe climate for all, and to restore community health and reverse the impacts from the damage and injustice climate change is causing to the people, the economy, and the environment of California. The bill would require the Secretary of the Natural Resources Agency, in coordination with the Secretary for Environmental Protection and the State Air Resources Board, and concurrent with the scoping plan, to develop a climate restoration plan that (1) achieves and maintains net negative greenhouse gas emissions in California no later than 2035, (2) exercises global leadership in restoring atmospheric and oceanic concentrations of greenhouse gas emissions to preindustrial levels as soon as possible, but by no later than 2050, and (3) specifies carbon removal targets, before 2035, as necessary to facilitate achievement of those goals.
Existing law establishes the Integrated Climate Adaptation and Resiliency Program, administered by the Office of Planning and Research, to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as specified.
This bill would require the office, by June 1, 2022, in collaboration with various state entities, to develop a Just Resilience Plan to drive resilience investments in the most vulnerable communities in California. The bill would require the office, in collaboration with local governments, tribes, and community groups in low-income and vulnerable communities, to enable and promote community-driven resilience solutions, to develop responsive climate services, resources, assistance, and programs through public facilities, and to assist vulnerable communities to prepare to respond to increasingly frequent severe climate disasters. criteria to ensure that public expenditures for projects that address climate change resilience protect the most vulnerable communities first, rectify intersectional and systemic inequities, and enhance low-income and vulnerable communities’ labor standards, workers’ rights, career pathways, and community benefits.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 This act shall be known, and may be cited, as the Climate Emergency Mitigation, Safe Restoration, and Just Resilience Act of 2021.

SEC. 2.

 Section 38566 of the Health and Safety Code is amended to read:

38566.
 In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent and up to 80 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.

SEC. 3.

 Division 33.5 (commencing with Section 70900) is added to the Public Resources Code, to read:

DIVISION 33.5. CLIMATE CHANGE RESTORATION AND RESILIENCE

PART 1. Safe Restoration

70900.
 It is the policy of the state to lead a global effort to restore oceanic and atmospheric concentrations of greenhouse gas emissions to preindustrial levels as soon as possible to secure a safe climate for all, and to restore community health and reverse the impacts from the damage and injustice climate change is causing to the people, the economy, and the environment of California.

70905.
 Concurrent with the development of the scoping plan pursuant to Section 38561 of the Health and Safety Code, to achieve the greenhouse gas emissions reductions required by Section 38566 of the Health and Safety Code, the Secretary of the Natural Resources Agency, in coordination with the Secretary for Environmental Protection and the State Air Resources Board, shall develop a climate restoration plan that does all of the following: specifies carbon removal targets, before 2035, as necessary to facilitate achievement of the goals in this section.

(a)Achieves and maintains net negative greenhouse gas emissions in California no later than 2035.

(b)Specifies carbon removal targets, before 2035, as necessary to facilitate achievement of the goals in this section.

(c)Exercises global leadership in restoring atmospheric and oceanic concentrations of greenhouse gas emissions to preindustrial levels as soon as possible, but no later than 2050.

PART 2. Just Resilience

70950.
 For purposes of this part, “office” means the Office of Planning and Research.

70951.
 (a)The Using the statewide climate adaptation plan, the state climate assessment, public health equity metrics, the Federal Emergency Management Agency’s risk index, the report entitled “Future of Work in California: A New Social Compact for Work and Workers” issued by the Future of Work Commission, data on high-road employers and job quality, CalEnviroScreen developed by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code, and other relevant information, the office, in collaboration with the State Energy Resources Conservation and Development Commission, the California Building Standards Commission, the California Infrastructure and Economic Development Bank, the State Treasurer, the Labor and Workforce Development Agency, the California Workforce Development Board, and the Department of Technology, and in consideration of data and recommendations from the statewide climate adaptation plan and the state climate assessment, shall develop a Just Resilience Plan by June 1, 2022, to drive resilience investments in the most vulnerable communities in California. criteria to ensure that public expenditures for projects that address climate change resilience protect the most vulnerable communities first, rectify intersectional and systemic inequities, and enhance low-income and vulnerable communities’ labor standards, workers’ rights, career pathways, and community benefits.

(b)The office shall do all of the following in developing the Just Resilience Plan:

(1)Convene a minimum of two public workshops to develop recommendations for statewide and local policies that promote and support resilience and regenerative economic policies in low-income and vulnerable communities to defend against climate vulnerability.

(2)Ensure that regenerative economic policies include investments in and loan guarantees to low-income and vulnerable communities to develop local economic solutions that provide resilience from the affects of climate change and reduce climate vulnerability.

(3)Develop strategies and recommendations to ensure that low-income and vulnerable communities receive the benefits and resources needed to achieve reductions in emissions of greenhouse gases and to meet climate restoration goals.

(4)Ensure that low-income and vulnerable communities are provided job training, access to the internet, and workforce development resources to maximize and facilitate their inclusion in economic opportunities that reduce emissions of carbon dioxide and other greenhouse gases.

(c)The office, in collaboration with local governments, tribes, and community groups in low-income and vulnerable communities, shall do all the following:

(1)Enable and promote community-driven resilience solutions.

(2)Develop responsive climate services, resources, assistance, and programs through public facilities, including, but not limited to, community centers, schools, libraries, recreation centers, and other public facilities that provide access for community engagement.

(3)Assist vulnerable communities to prepare to respond to increasing frequent severe climate disasters.

(d)The office shall use the most recent California Climate Change Assessment, developed pursuant to Part 4.4 (commencing with Section 71340) of Division 34, in developing recommendations, strategies, investment plans, economic opportunities, incentives, environmental justice considerations, and other community resilience efforts to implement subdivisions (a) and (b).

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.