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AB-585 Climate change: Extreme Heat and Community Resilience Program.(2021-2022)

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Date Published: 07/13/2021 09:00 PM
AB585:v95#DOCUMENT

Amended  IN  Senate  July 13, 2021
Amended  IN  Senate  June 30, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  March 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 585


Introduced by Assembly Member Luz Rivas
(Coauthors: Assembly Members Bloom, Gabriel, Cristina Garcia, Eduardo Garcia, Mathis, and Robert Rivas)
(Coauthors: Senators Eggman, Hertzberg, Hueso, and Stern)

February 11, 2021


An act to add Part 4.6 (commencing with Section 71361) to Division 34 of the Public Resources Code, relating to climate change.


LEGISLATIVE COUNSEL'S DIGEST


AB 585, as amended, Luz Rivas. Climate change: Extreme Heat and Community Resilience Program.
Existing law requires the Natural Resources Agency every 3 years to update the Safeguarding California Plan, the state’s climate adaptation strategy. As part of the update, existing law requires the agency to coordinate with other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. Existing law requires state agencies to work to maximize specified objectives related to climate change. Existing law establishes the Office of Planning and Research in state government in the Governor’s office. Existing law establishes the Integrated Climate Adaptation and Resiliency Program, to be 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 in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts.
This bill would establish the Extreme Heat and Community Resilience Program for the purpose of coordinating state efforts and supporting local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and the urban heat island effect, and would require the Office of Planning and Research to administer the program through the Integrated Climate Adaptation and Resiliency Program. Under the Extreme Heat and Community Resilience Program, the bill would require the Office of Planning and Research to coordinate the state’s efforts to address extreme heat and the urban heat island effect and to provide financial and technical assistance to eligible entities to support local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and or the urban heat island effect, as provided. The bill would require the Office of Planning and Research to submit a report to the Legislature by July 1, 2023, on certain matters relating to extreme heat and the urban heat island effect. The bill would require the Office of Planning and Research, before awarding grants under the Extreme Heat and Community Resilience Program, to adopt certain guidelines for the program and would require the Office of Planning and Research to seek input from the public public, academic and technical experts, and relevant state agencies, as appropriate, in the drafting of those guidelines. The bill would establish the Extreme Heat and Community Resilience Fund in the State Treasury and would require the Office of Planning and Research, upon appropriation by the Legislature, to expend moneys in the fund for the implementation of the Extreme Heat and Community Resilience Program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Part 4.6 (commencing with Section 71361) is added to Division 34 of the Public Resources Code, to read:

PART 4.6. Extreme Heat and Community Resilience Program

71361.
 For purposes of this part, unless the context requires otherwise, the following definitions apply:
(a) “Comprehensive heat action plan” means a community-driven, multielement plan adopted by a local or regional entity that addresses extreme heat and or the urban heat island effect and includes two or more actions related to the following categories:
(1) Natural infrastructure.
(2) Built infrastructure.
(3) Social infrastructure.
(4) Communications.
(5) Planning.
(6) Policy.
(b) “Eligible entity” means a nonprofit organization or coalition of nonprofit organizations, community-based organization, community development corporation, community development financial institution, municipal, county, or other local government, regional agency, joint powers authority, or tribal government that demonstrates partnerships with multiple stakeholders in the development and implementation of a plan or project. project in urban and rural communities.
(c) “Extreme heat” means increasing temperatures and other meteorological conditions that could result in one or more of the following:
(1) Extreme heat wave.
(2) Heat health event.
(3) Heat watch, warning, or advisory from the National Weather Service or the Office of Emergency Services.
(4) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code.

(c)

(d) “Office” means the Office of Planning and Research.

(d)

(e) “Program” means the Extreme Heat and Community Resilience Program established in Section 71361.5.
(f) “Urban heat island effect” means increased temperatures in urban areas compared to outlying areas due to structures such as buildings, roads, and other infrastructure that absorb and reemit the sun’s heat more than natural landscapes, such as forests or water bodies.

71361.5.
 (a) The Extreme Heat and Community Resilience Program is hereby established and shall be administered by the office through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350). The purpose of the program is to coordinate state efforts and support local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and the urban heat island effect.
(b) The office shall do both of the following:
(1) Coordinate the state’s efforts to address extreme heat and the urban heat island effect. This may include establishing a working group composed of state agencies that administer relevant programs to consider opportunities to improve the design of these programs to promote a more coordinated, effective approach to extreme heat and the urban heat island effect.
(2) Provide financial and technical assistance to eligible entities to support local and regional efforts to mitigate the impacts of, and reduce the public health risks of, extreme heat and or the urban heat island effect. The program may provide financial assistance for all of the following purposes:
(A) To prepare or update a comprehensive heat action plan or component of another plan, including a general plan, local coastal program, and local hazard mitigation plan, to address extreme heat and or the urban heat island effect and improve community resilience.
(B) To implement projects to mitigate the impacts of extreme heat and or the urban heat island effect, including any of the following:
(i) Cool building and surface materials that increase solar reflectance and reduce structural temperatures, like cool roofs, cool building surfaces, and other cool surface materials. cool walls, and other cool envelope materials.
(ii) Cool pavements that increase solar reflectance, promote evaporative cooling, or otherwise reduce the amount of heat absorbed, or improve water permeability, including on roadways, streets, bike paths, sidewalks, parking lots, and school playgrounds.
(iii) Projects that increase shade. shade for people, buildings, or vehicles.
(iv) Projects to improve building siting and design of new buildings or retrofit existing buildings to reduce heat, unwanted heating, including passive or low-energy cooling strategies and efficient ventilation and air conditioning systems.
(C) To implement projects to reduce the public health risks of, and improve community resilience to, extreme heat and or the urban heat island effect, including any of the following:
(i) The construction of new facilities or the retrofit of existing facilities that will serve as community resilience centers, including hydration stations, cooling centers, clean air centers, respite centers, community evacuation and emergency response centers, and similar facilities to mitigate the public health impacts of extreme heat and related other climate change impacts and emergency situations, such as wildfire or flooding, on local populations.
(ii) Public education campaigns and other measures to increase awareness of the public health risks of extreme heat and or the urban heat island effect, the services effect and the services, strategies, and actions available to reduce those risks, and further opportunities to reduce those risks.
(c) Pursuant to paragraph (2) of subdivision (b), the office may fund technical assistance providers to assist in application development and project development and implementation.
(d) The office shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, by July 1, 2023, that includes all of the following:
(1) Summarizes all actions taken over the previous year by all state agencies, departments, and programs to mitigate the urban heat island effect and to prepare for and reduce the impacts from extreme heat events.
(2) Documents the cost, budget allocations, and staff dedicated to addressing extreme heat and or the urban heat island effect.
(3) Reviews state programs that address extreme heat and or the urban heat island effect to identify potential gaps or unmet needs in the state’s approach and includes recommendations on ways to improve policies, programs, and interagency coordination.
(e) In administering the program, the office shall, at a minimum, be informed by the most recent California Climate Change Assessment, the climate science research programs administered by the Strategic Growth Council, any other relevant climate science research, the most recent update to Safeguarding California, the State Adaptation Planning Guide, and relevant resources in the adaptation clearinghouse.
(f) In administering the program, the office shall seek to minimize greenhouse gas emissions, minimize electricity grid stress, avoid maladaptation, and maximize other cobenefits, including adaptation to other climate change impacts.

71362.
 (a) Before awarding grants under the program, the office shall adopt guidelines that include all of the following:
(1) Eligibility and selection criteria.
(2) Criteria for determining the amount of the grant to be awarded.
(3) Provision of technical assistance to assist in application development and project development and implementation.
(4) Requirements for grant recipients to report on project progress, including a final report at the conclusion of the project on measurable results of the project, including, but not limited to, ambient and surface temperature reductions, public health benefits, and improved health outcomes of the population served by the project.
(5) Provision for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded.
(b) The office shall seek public input on draft program guidelines, including from populations and communities that could benefit from the program and eligible entities.
(c) The office shall consult with academic and technical experts on extreme heat and urban heat island effect resilience and adaptation on draft program guidelines.

(c)

(d) To the extent feasible, the office shall seek input from and consider the recommendations of the Natural Resources Agency including the agency’s urban forestry and greening programs, the Department of Transportation, the State Energy Resources Conservation and Development Commission, the State Department of Public Health, the Department of Community Services and Development, other relevant state agencies, and local and public health agencies, as appropriate, on the draft program guidelines.

(d)

(e) In developing guidelines pursuant to subdivision (a), the office may refer to guidelines adopted for other relevant funding programs.

(e)

(f) In awarding grants, the office shall give priority to projects that meet any of the following:
(1) Serve disadvantaged communities, as identified in Section 39711 of the Health and Safety Code.
(2) Demonstrate participation in a regional climate collaborative program established in accordance with Part 3.6 (commencing with Section 71130).
(3) Serve those populations most vulnerable to the impacts of extreme heat, as determined by the relevant local health department, the State Department of Public Health, or both.
(4) Serve vulnerable communities, as defined in Section 71340.
(5) Are components of a comprehensive heat action plan.

(f)

(g) All projects funded through this program shall consider and be informed by tools and data on current and future climate risks derived by the most recent California Climate Change Assessment pursuant to Part 4.4 (commencing with Section 71340).

(g)

(h) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines adopted pursuant to this section.

71363.
 (a) It is the intent of the Legislature that the office, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350), coordinate with other state agencies that provide grants to address extreme heat and or the urban heat island effect. It is also the intent of the Legislature that the office seek to fund projects in categories not eligible for funding in any preexisting program.
(b) This section shall not diminish, reduce, or detract from existing grant programs administered under the Natural Resources Agency, including, but not limited to, the California Urban Forestry Act of 1978 established in Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4.

71364.
 The Extreme Heat and Community Resilience Fund is hereby established in the State Treasury. Moneys in the fund, upon appropriation by the Legislature, shall be expended by the office for the implementation of the program.