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AB-2329 Environmental protection: greenhouse gas emissions: Climate Action Team.(2009-2010)



Current Version: 08/02/10 - Amended Senate

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AB2329:v94#DOCUMENT

Amended  IN  Senate  August 02, 2010
Amended  IN  Senate  July 15, 2010
Amended  IN  Senate  June 21, 2010
Amended  IN  Assembly  April 26, 2010
Amended  IN  Assembly  April 08, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 2329


Introduced  by  Assembly Member Ruskin, Chesbro

February 19, 2010


An act to amend Section 12891 of the Government Code, to add Division 25.7 (commencing with Section 38600) to the Health and Safety Code, and to add Part 5 (commencing with Section 71400) to Division 34 of the Public Resources Code, relating to environmental protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 2329, as amended, Ruskin. Environmental protection: greenhouse gas emissions: Climate Action Team.
The California Global Warming Solutions Act of 2006 requires the State Air Resources Board (state board) to adopt regulations to require the reporting and verification of emissions of greenhouse gases and to monitor and enforce compliance with the reporting and verification program, and requires the state board to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to the statewide GHG emissions levels in 1990, to be achieved by 2020. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective GHG emission reductions. The act requires all state agencies to consider and implement strategies to reduce their GHG emissions.
This bill would enact the California Climate Vulnerability and Adaptation Plan of 2010 (plan) and would create the Climate Action Team (CAT), under the direction of the Secretary for Environmental Protection and consisting of representatives from specified state agencies, that would be responsible for coordinating the state’s overall climate policy, identifying and reviewing activities and funding programs, recommending policies, investment strategies, and priorities, and providing information to local governments and regional agencies. The bill would require the Natural Resources Agency, by June 1, 2012, in coordination with other state agencies, to prepare and submit to the Climate Action Team, the California Climate Vulnerability and Adaptation Plan plan, that would provide for the protection of California’s natural resources, public health, infrastructure, and economic vitality from the ongoing and expected impacts of climate change. The bill would require the Natural Resources Agency to take certain actions before submitting the plan and to utilize and update a specified Web site. The bill would require the Natural Resources Agency, in coordination with the Climate Action Team and other state agencies and departments, to review and revise the California Climate Vulnerability and Adaptation Plan plan on a triennial basis to incorporate new information regarding impacts of climate change.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12891 of the Government Code is amended to read:

12891.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Agency” means the California Environmental Protection Agency.
(b) “Climate Action Team” means the Climate Action Team established pursuant to Section 71402 of the Public Resources Code.
(c)  “GHG” means greenhouse gas as defined in subdivision (g) of Section 38505 of the Health and Safety Code.
(d)  “GHG emission reduction target” means a requirement made applicable to a state agency by an action taken by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.
(e)  “Secretary” means the Secretary for Environmental Protection.
(f) “Sector” means an industrial, resources, or administrative domain that should be addressed as an integrated whole for the purposes of climate change planning. Domains include, but are not limited to, agriculture, biodiversity and habitat, forestry, energy, land use, recycling and waste management, coastal and delta resources, regional and international policy development, state operations, water, and climate change research.
(g) “State agency” means a member of the Climate Action Team, a state office, department, division, bureau, board, or commission whose operations or programs result in greenhouse gas emissions that are subject to Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and any other state agency, as determined by the secretary.

SEC. 2.

 Division 25.7 (commencing with Section 38600) is added to the Health and Safety Code, to read:

DIVISION 25.7. CALIFORNIA CLIMATE VULNERABILITY AND ADAPTATION PLAN OF 2010

38600.
 This division shall be known, and may be cited, as the California Climate Vulnerability and Adaptation Plan of 2010.

38601.
 (a) (1) On or before June 1, 2012, the Natural Resources Agency shall, in coordination with other state agencies, prepare and submit to the Climate Action Team, a statewide California Climate Vulnerability and Adaptation Plan that provides for the protection of California’s natural resources, public health, infrastructure, and economic vitality from the ongoing and expected impacts of climate change.
(2) The Natural Resources Agency shall hold a duly noticed public meeting of the proposed California Climate Vulnerability and Adaptation Plan of 2010, for the purposes of soliciting comments from the public, before approving the plan and submitting the plan to the Climate Action Team.
(b) The plan shall be developed to include the scope, elements, and policy recommendations from the 2009 California Climate Adaptation Strategy developed and adopted by the Natural Resources Agency as directed by Executive Order No. S-13-08, including other refinements to those recommendations.
(c) The plan shall assess progress on strategies identified in the 2009 California Climate Adaptation Strategy, and identify and prioritize existing and future needed research, policies, planning, best management practices, and other actions required for the state to continue to adapt to the ongoing and expected impacts associated with climate change, including both all of the following elements:
(1) Guidelines for integrating and updating existing and new state adaptation policies that could also be utilized by local, regional, and federal adaptation policies, plans, programs, and projects, including the California State Wildlife Action Plan and California Landscape Conservation Cooperatives.
(2) Guidelines for effective coordination among state agencies to develop and implement effective cross-sector strategies and actions. For purposes of this paragraph, “sector” has the same meaning as defined in subdivision (f) of Section 12891 of the Government Code.
(3) Guidelines for coordinating adaptation activities as these relate to greenhouse gas mitigation activities.
(d) The plan shall be based on the best available science.
(e) The plan shall identify strategies that protect, conserve, restore, utilize, enhance, or mimic natural processes and functions.
(f) The Natural Resources Agency shall utilize and update the CalAdapt Internet Web site to show climate change impacts to California and provide all California residents with an opportunity to visualize how specific climate impacts can impact their community, assess which research was utilized to show those impacts, and make determinations of appropriate actions to reduce identified climate impacts.
(g) The Natural Resources Agency, in coordination with the Climate Action Team, and other state agencies and departments, shall review and revise the plan every three years to incorporate new information regarding the impacts of climate change on natural resources, public health, infrastructure, and economic vitality, as well as to incorporate new strategies to address adaptation, including strategies that increase resiliency, to those impacts.
(h) The plan shall also serve as the state’s climate change adaptation planning document required by any federal law that makes federal funding contingent upon a statewide adaptation plan, if the plan complies with that federal law.
(i) The Natural Resources Agency, consistent with the provisions of this division and the plan, may do both of the following:
(1) Receive federal and state funds for preparing the plan, including any federal funds made available to the agency for that purpose.
(2) Conduct research related to the state’s need to understand and address the ongoing and expected impacts of climate change on the state’s natural resources.

SEC. 3.

 Part 5 (commencing with Section 71400) is added to Division 34 of the Public Resources Code, to read:

PART 5. State Climate Change Action Team Act of 2010

71400.
 This part shall be known as the State Climate Change Action Team Act of 2010.

71401.
 The Legislature finds and declares all of the following:
(a) California is a world leader in efforts to reduce greenhouse gases, to assess, adapt to, and mitigate the effects of climate change, and to promote clean alternative technologies to improve the state’s economy and to protect public health and the environment.
(b) The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) provides a process for the establishment of a statewide greenhouse gas emission limit and a process for the adoption of regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. That act also directs the Climate Action Team to coordinate the overall climate policy as provided in Executive Order No. S-3-05 and for all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.
(c) California currently invests hundreds of millions of dollars in research funds for air quality, transportation, electricity, natural gas, water, and other types of research, development, demonstration, and deployment projects that could contribute to the achievement of statewide greenhouse gas emission reductions, or to the effective adaptation to unavoidable climate change.
(d) More effective coordination of existing programs and funding by the state can improve the achievement of statewide greenhouse gas emission reductions, protect the state’s infrastructure, communities, and natural resources from the impacts of climate change, and provide economic and job growth through the development and support of a strong clean technology industry.
(e) Due to the global nature of the causes and impacts of climate change, it is imperative for California to consult with other states, the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, adapt to ongoing and future climate change, coordinate climate change research efforts, and facilitate the development of integrated and cost-effective regional, national, and international climate change programs.
(f) Climate change in California during this century is expected to shift precipitation patterns, accelerate sea level rise, and increase temperatures, thereby posing a serious threat to California’s economy, to the health and welfare of its population, and to its natural resources.
(g) California needs to continue to adapt and build our resiliency to climate changes through a thoughtful and sensible approach with local, regional, state, and federal government using the best available science, as was developed by the Natural Resources Agency, the state’s lead agency in climate adaptation.
(h) California’s water supply and coastal resources, including valuable natural habitat areas, are particularly vulnerable to sea level rise over the next century and could suffer devastating consequences if adaptive measures are not taken. The country’s longest continuously operating gauge of sea level at Fort Point in San Francisco Bay, recorded a seven-inch rise in sea level during the 20th century, demonstrating the vulnerability of infrastructure and resources within that bay. Global sea level rise for the 21st century is projected to rise faster than historical levels with the Intergovernmental Panel on Climate Change predicting that global sea levels will rise between seven to 23 inches this century and some experts predicting even higher rises.
(i) The State Energy Resources Conservation and Development Commission’s Public Interest Energy Research Program has funded research on climate change since 2001 that has provided the foundation for California’s climate change impact and adaptation research.

71402.
 (a) The Climate Action Team is hereby established in state government and shall consist of the following members:
(1) The Secretary for Environmental Protection, who shall serve as the chairperson of the Climate Action Team, and who shall coordinate oversight of state agencies’ efforts made to meet the greenhouse gas emission reduction targets established pursuant to the Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2) The Secretary of the Natural Resources Agency.
(3) The Chairperson of the State Air Resources Board.
(4) The Chairperson of the State Energy Resources Conservation and Development Commission.
(5) The President of the Public Utilities Commission.
(6) The Secretary of Business, Transportation and Housing.
(7) The Secretary of Food and Agriculture.
(8) The Secretary of State and Consumer Services.
(9) The Secretary of California Health and Human Services.
(10) The Director of the Office of Planning and Research.
(11) The Secretary for Labor and Workforce Development.
(b) Upon the determination of the Secretary for Environmental Protection, ex officio representatives from other state departments may be added to the Climate Action Team as necessary to provide assistance and expertise in particular subject areas.
(c) Multiagency staff working groups may be formed by the Climate Action Team to provide technical support for the work of the team in individual sectors. Sectors may include, but are not limited to, agriculture, biodiversity and habitat, forestry, energy, land use, coastal and delta resources, regional and international policy development, state operations, water, and climate change research. For purposes of this subdivision, “sector” has the same meaning as defined in subdivision (f) of Section 12891 of the Government Code.

71403.
 Consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and Executive Order No. S-3-05, the Climate Action Team, under the direction of the Secretary for Environmental Protection, shall coordinate climate policy of the state to achieve all of the following:
(a) The maximum feasible and cost-effective reduction of greenhouse gas emissions through the implementation by the State Air Resources Board of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(b) The promotion of economic and job growth in California through workforce development and the encouragement and support of clean technology development and deployment to meet the state’s climate change requirements and greenhouse gas emission reduction targets and limits.
(c) The identification of unavoidable climate change impacts to California’s natural resources and infrastructure.
(d) The development and implementation of mitigation and adaptation plans to protect the natural resources, public health and welfare, and economy of California.
(e) The coordination of climate change policies with state agencies and departments, other states, the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, adapt to ongoing and future climate change, coordinate climate change research efforts, and facilitate the development of integrated and cost-effective regional, national, and international climate change programs.
(f) The coordination and efficient use of existing state resources, programs, and funds to meet the requirements of this section.

71404.
 The Climate Action Team, under the direction of the Secretary for Environmental Protection, shall do all of the following:
(a) Identify and review activities, funding programs, and revenue of state agencies that may be coordinated to meet the requirements of Section 71403.
(b) Recommend policies, investment strategies, and priorities to meet the requirements of Section 71403.
(c) Provide information to local governments and regional activities that will assist in addressing the requirements of Section 71403.

71405.
 (a) Each member of the Climate Action Team may appoint an alternate or designee to attend meetings or hearings of the Climate Action Team in that member’s place.
(b) Notwithstanding Section 7.5 of the Government Code, each designee shall act as the member in his or her place and stead to all intents and purposes as though the member were personally present, including the right of the designee to be counted in constituting a quorum to participate in any proceeding of the Climate Action Team and to vote upon any and all matters.
(c) Each designee shall have the right to represent the member who appointed him or her regardless of the number of other designees representing the chair, director, president, or secretaries, at a particular meeting or session of the Climate Action Team. Each designee shall represent only one member at any meeting or session of the Climate Action Team.
(d) The Climate Action Team shall hold duly noticed public meetings and workshops to solicit comments from the public prior to recommending policies, investment strategies, and priorities in accordance with subdivision (b) of Section 71404. The Climate Action Team shall submit these policy recommendations to the Senate Committee on Environmental Quality and to the Assembly Committee on Natural Resources in accordance with Section 9795 of the Government Code, and this requirement shall not be repealed pursuant to Section 10231.5 of the Government Code. A meeting of the Climate Action Team, including a meeting related to the coordination of the multiagency efforts to meet the greenhouse gas emission reduction targets and activities related to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). For the purposes of this subdivision, “meeting” does not include a meeting at which the secretaries serving as members of the Climate Action Team are meeting as members of the Governor’s cabinet.