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AB-67 Sea level rise: working group: economic analysis.(2021-2022)

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Date Published: 04/05/2021 09:00 PM
AB67:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 67


Introduced by Assembly Member Petrie-Norris

December 07, 2020


An act to add Section 71156 to the Public Resources Code, relating to sea level rise.


LEGISLATIVE COUNSEL'S DIGEST


AB 67, as amended, Petrie-Norris. Sea level rise: working group: economic analysis.
Existing law requires state agencies to take into account the current and future impacts of climate change when planning, designing, building, operating, maintaining, and investing in state infrastructure. Existing law requires specified entities to submit to the Natural Resources Agency sea level rise planning information, as provided.
This bill would require a state agency to take into account the current and future impacts of sea level rise based on projections provided by the Ocean Protection Council when planning, designing, building, operating, maintaining, and investing in infrastructure located in the coastal zone zone, within the jurisdiction of the San Francisco Bay Conservation and Development Commission, or otherwise vulnerable to flooding from sea level rise or storm surges, or when otherwise approving the allocation of state funds funds, including, but not limited to, bonds, grants, and loans, for those purposes. The bill would provide that new or expanded infrastructure built pursuant to the above-described provision shall only qualify for state funds if the project is not anticipated to be vulnerable to sea level rise risks during the life of that project. The bill would provide that specified projects may be exempt from the above-described analysis so long as the project design is resilient to mid-century sea level rise projections provided by the Ocean Protection Council and consistent with relevant state and local agency policies. The bill would require, by March 1, 2022, the Ocean Protection Council, in consultation with the Office of Planning and Research, to establish a multiagency working group, consisting of specified individuals, on sea level rise to provide recommended policies, resolutions, projects, and other actions to address sea level rise, the breadth of its impact, and the severity of its anticipated harm. The bill would require the council, in consultation with the working group group, to, among other things, develop a standardized methodology and template for conducting economic analyses of risks and adaptation strategies associated with sea level rise, as provided. The bill would require a state agency to conduct a sea level rise analysis for any state-funded infrastructure project located in the coastal zone zone, within the jurisdiction of the commission, or otherwise vulnerable to flooding from sea level rise or storm surges, and restrict funding as needed, pursuant to that methodology. The bill would authorize the Controller to conduct audits of state agencies to and consult with working group member agencies, as necessary, to verify and ensure compliance with certain of the above above-described provisions.
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 as the Sea Level Rise Preparedness Act of 2021.

SEC. 2.

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

71156.
 (a) (1) Consistent with this part, a state agency shall take into account the current and future impacts of sea level rise based on projections provided by the Ocean Protection Council when planning, designing, building, operating, maintaining, and investing in infrastructure located in the coastal zone zone, within the jurisdiction of the San Francisco Bay Conservation and Development Commission pursuant to Section 66610 of the Government Code, or otherwise vulnerable to flooding from sea level rise or storm surges, such as airports, rail lines, streets and highways, pipelines, wastewater treatment plants, schools, hospitals, and other facilities, or otherwise approving the allocation of state funds funds, including, but not limited to, bonds, grants, and loans, for those purposes.
(2) New or expanded infrastructure built pursuant to paragraph (1), supported in whole or in part by state funds, shall only qualify for state funds if the project is not anticipated to be vulnerable to sea level rise risks during the life of that project.
(3) Projects that qualify and are approved for an exemption under the California Environmental Quality Act (Division 13 (commencing with Section 21000)), such as minor repairs of existing infrastructure, or otherwise advance habitat restoration and natural infrastructure within areas vulnerable to sea level rise, may be exempt from the analysis conducted pursuant to paragraph (1), so long as the project design is resilient to mid-century sea level rise projections provided by the Ocean Protection Council and consistent with relevant state and local agency policies.
(b) (1) On or before March 1, 2022, the Ocean Protection Council, in consultation with the Office of Planning and Research, shall establish a multiagency working group on sea level rise to provide recommended policies, resolutions, projects, and other actions to address sea level rise, the breadth of its impact, and the severity of its anticipated harm.
(2) The working group shall consist of all of the following:
(A) The executive director of the Ocean Protection Council, who shall be the chairperson of the working group.
(B) One or more representatives from the Office of Planning and Research.
(C) One or more representatives from the Strategic Growth Council.
(D) One or more representatives from the California Coastal Commission.
(E) One or more representatives from the State Coastal Conservancy.
(F) One or more representatives from the State Water Resources Control Board.
(G) One person, appointed by the Governor, from an academic institution, who has expertise in climate change projections and impacts across California.
(H) One or more representatives from the San Francisco Bay Conservation and Development Commission.
(I) One or more representatives from the State Lands Commission.
(c) In consultation with the working group, the Ocean Protection Council shall, at minimum, do all of the following:
(1) On or before January 1, 2023, develop, in consultation with the Office of Planning and Research, a standardized methodology and template for conducting economic analyses of risks and adaptation strategies associated with sea level rise, including the risk of taking no action, to be shared with the Natural Resources Agency, the California Environmental Protection Agency, the State Controller, and local governments. This methodology and template shall be reviewed every two years and updated as needed, based on the best available science.
(2) On or before January 1, 2024, develop and publish a site-specific class-specific infrastructure resilience plan, which shall include recommendations and be focused on state roads, wastewater treatment plants, water supply facilities, ports, ocean desalination facilities, and powerplants, to prepare for projected sea level rise, based 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.
(3) On or before January 1, 2024, submit the class-specific infrastructure resilience plan recommendations described in paragraph (2) to the working group established pursuant to Section 71155 and to the Strategic Growth Council to be incorporated and inform its the review, conducted pursuant to Section 75125, of the five-year infrastructure plan.
(4) Identify actions to protect advance climate-safe infrastructure, as described in subdivision (a), in frontline and low-income communities from the impacts of sea level rise and coastal flooding.
(5) Integrate the State of California Sea-Level Rise Guidance document adopted by the Ocean Protection Council on March 14, 2018, the California Coastal Commission Sea Level Rise Policy Guidance adopted on November 7, 2018, and other relevant guidance tools into the Integrated Climate Adaptation and Resiliency Program established pursuant to Section 71354.
(d) A state agency shall conduct a sea level rise analysis pursuant to this section for any state-funded infrastructure project located in the coastal zone zone, within the jurisdiction of the San Francisco Bay Conservation and Development Commission, or otherwise vulnerable to flooding from sea level rise or storm surges, and restrict funding as needed, pursuant to the methodology described in paragraph (1) of subdivision (c), and shall certify to the Controller that it has completed that analysis. analysis, upon approval of funding for the project.

(e)(1)State agencies shall annually submit a form, pursuant to paragraph (2), to the Controller that certifies that the state agency is in compliance with subdivisions (a) and (d).

(2)On or before March 1, 2022, the Controller shall develop the form described in paragraph (1).

(f)

(e) The Controller may conduct audits of state agencies to and consult with working group member agencies, as necessary, to verify and ensure compliance with subdivisions (a) and (d).