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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, is an important strategy in meeting the states greenhouse gas reduction goals, and would require all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, is an important strategy in meeting the states greenhouse gas reduction goals, and would require all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key an important strategy in meeting the states greenhouse gas reduction goals, and would require all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the states greenhouse gas reduction goals, and would require all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the states greenhouse gas reduction goals, and would require all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, are is a key strategy in meeting the states greenhouse gas reduction goals, and would require all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, and or grant criteria relating to the protection and management of natural and working lands.

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 act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions.

This bill would declare it to be the policy of the state that the protection and management of natural and working lands, as defined, are a key strategy in meeting the states greenhouse gas reduction goals, and would require all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, and grant criteria relating to the protection and management of natural and working lands.

 UNFINISHED BUSINESS  

Bill No: SB 1386

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/6/16

AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley

NO VOTE RECORDED: Jackson

SENATE APPROPRIATIONS COMMITTEE: 5-0, 4/25/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NO VOTE RECORDED: Bates, Nielsen

SENATE FLOOR: 26-7, 5/9/16

AYES: Allen, Berryhill, Block, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk

NOES: Anderson, Huff, Moorlach, Morrell, Nguyen, Stone, Vidak

NO VOTE RECORDED: Bates, Beall, Cannella, Fuller, Gaines, Nielsen, Runner

ASSEMBLY FLOOR: 45-26, 8/18/16 - See last page for vote

SUBJECT:

SOURCE: Defenders of Wildlife

DIGEST: This bill declares it to be the policy of the state that the protection and management of natural and working lands is an important strategy in meeting the state's greenhouse gas (GHG) reduction goals. The bill requires all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Assembly Amendments include technical amendments with minor language revisions, further listings of types of natural and working lands, and statements that the bill’s actions would be implemented in conjunction with the state’s other strategies to meet its greenhouse gas emission goals, the intent is to promote the cooperation of owners of natural and working lands, and that nothing in the bill affects existing local and state agency, department, commission, or board authorities.

ANALYSIS:

Existing law:

1. Requires the Air Resources Board (ARB), under the California Global Warming Solutions Act of 2006 (also known as AB 32), to (a) inventory greenhouse gases (GHGs), (b) determine the 1990 statewide GHG emissions level, (c) approve a statewide GHG emissions limit equivalent to that level to be achieved by 2020, (d) implement regulations that achieve the maximum technologically feasible and cost-effective reduction of GHG emissions, and (e) authorize ARB to include market-based compliance mechanisms, including a cap-and-trade program, in the AB 32 regulations after considering the potential for direct, indirect, and cumulative emission impacts from these mechanisms. (Health and Safety Code §38500 et seq.)
2. Establishes the Greenhouse Gas Reduction Fund (GGRF), under the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act, for proceeds from the cap-and-trade program and authorizes moneys from the GGRF for, among several explicit investment options, “funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.” (HSC §39712 (c)(3)).

This bill:

1. Declares it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the state’s GHG reduction goals.
2. Requires all relevant state agencies, departments, boards, and commissions to consider this policy, in conjunction with other relevant state strategies, when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Background

1. Emissions reductions. Over the last decade, California has built on its history of policies to conserve energy and reduce air pollution to initiate an effort to reduce its GHG emissions to lessen the negative impacts of climate change.

Governor Schwarzenegger’s Executive Order S-3-05 specified GHG emissions reduction targets of 2000 levels by 2010, 1990 levels by 2020, and 80 percent below 1990 levels by 2050. In 2015, Governor Brown issued Executive Order B-30-15 that established an additional intermediate emissions reduction target of 40 percent below 1990 levels by 2030.

Because natural and working lands store (“sequester”) carbon from the atmosphere in above- and below-ground plant matter, this sequestration contributes to net reductions of carbon emissions. In addition, active sequestration via the biosphere and through various technological means will ultimately be necessary to go beyond reducing the addition of GHGs to actually eliminating carbon dioxide already in the atmosphere.

The protection and management of natural and working lands has been recognized as an important part of California’s climate initiative in reports by both the current and past administrations. An example of official recognition of the importance of natural carbon sequestration includes the state’s 2008 Climate Change Scoping Plan: A Framework for Change.

Although the carbon sequestration function of natural and working lands is prone to be variable across geographies and time, a growing body of scientific research is quantifying the range of carbon sequestration values across natural and working lands in California and elsewhere.

1. Investment of cap-and-trade proceeds. Proceeds from the cap-and-trade program are available for appropriations from the GGRF, with legislative direction for those appropriations provided by AB 1532 (J. Pérez, Chapter 807, Statutes of 2012), SB 535 (de León, Chapter 830, Statutes of 2012), and SB 1018 (Senate Budget & Fiscal Review Committee, Chapter 39, Statutes of 2012). SB 1018 requires the Department of Finance to regularly update a three-year investment plan that identifies feasible and cost-effective GHG emission reduction investments to be funded from the cap-and-trade auction proceeds. SB 535 requires minimum percentages of spending for emissions-reducing projects that are specifically located in and otherwise benefit disadvantaged communities.

Based on the Governor’s proposals, the Legislature has authorized continuous appropriations from the GGRF for a number of larger infrastructure and smart growth initiatives. Other proposed appropriations from the GGRF have been decided within the annual budget setting process. Approximately 11 percent (or $345 million out of $3,090 million) of the Governor’s total proposed GGRF expenditures for 2016-17 were directed towards managing natural and working lands, as defined in this bill.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, the bill has minor, absorbable costs.

SUPPORT: (Verified 8/19/16)

Defenders of Wildlife (source)

Association of California Water Agencies

Audubon California

California Central Valley Flood Control Association

California Climate & Agriculture Network

California Releaf

California State Parks Foundation

California Tahoe Alliance

Californians Against Waste

Carbon Cycle Institute

Central Coast Forest Association

City of Gilroy

City of Portola

Community Alliance with Family Farmers

Contra Costa County Board of Supervisors

East Bay Regional Park District

Endangered Habitats League

Environment California

Greenbelt Alliance

Institute for Ecological Health

Lutheran Office of Public Policy – California

Mono Lake Committee

Mountains Recreation & Conservation Authority

National Parks Conservation Association

Ocean Conservancy

Pacific Forest Trust

Placer County

Placer Land Trust

San Bernardino Valley Water Conservation District

Santa Clara Valley Open Space Authority

Save the Redwoods League

Sequoia Riverlands Trust

Sierra Business Council

Sierra Cascade Land Trust Council

Sierra Climate Adaptation and Mitigation Partnership

Sierra Club California

Sierra Foothill Conservancy

Sierra Institute for Community and Environment

Sierra Nevada Alliance

Sierra Water Workgroup

Southern Sierra Partnership

Tahoe Mountain Sports

Tejon Ranch Conservancy

The Nature Conservancy

The Trust for Public Land

Town of Mammoth Lakes

Town of Truckee

Truckee Donner Land Trust

Rosemarie Smallcombe, Mariposa County Supervisor

Yolo County Board of Supervisors

Yolo Habitat Conservancy

OPPOSITION: (Verified 8/19/16)

The Large-Scale Solar Association

ARGUMENTS IN SUPPORT: According to the author, “The Governor identified protection and management of natural and working lands as a significant part of his strategy to reach the state’s 2030 emissions target, as these lands can sequester significant amounts of carbon.

“The California Department of Forestry and Fire Protection, California Department of Fish and Wildlife, California Department of Food and Agriculture, California Strategic Growth Council, and other state bodies have programs in place to reduce GHG emissions and undertake carbon sequestration on natural and working lands using GGRF dollars.

“SB 1386 codifies as state policy the Governor’s strategy to protect and manage natural and working lands as a key part of the efforts to achieve our climate change goals. The bill also requires that all relevant state agencies consider this policy when revising, adopting, or establishing policies, regulations, expenditures, and grant criteria relating to the protection and management of natural and working lands.

“Not only will SB 1386 support future investment in carbon sequestration projects on California’s natural and working lands, it will, at the same time, provide other important public benefits for all communities including the protection and enhancement of wildlife habitat, parks, greenways, and open space; recreational and economic opportunities; production of food and fiber; improvement of air and water quality; and flood protection.”

ARGUMENTS IN OPPOSITION: The Large-Scale Solar Association “is concerned that the bill [will] have the unintentionally [sic] impact of elevating the value of natural and working lands above other GHG-reduction land uses, such as renewable energy production.” They request new language making it clear that “nothing in the bill is intended to preclude renewable energy development.”

ASSEMBLY FLOOR: 45-26, 8/18/16

AYES: Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Hadley, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Quirk, Ridley-Thomas, Rodriguez, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon

NOES: Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Harper, Jones, Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Alejo, Dababneh, Daly, Frazier, Gray, Roger Hernández, Kim, O'Donnell, Santiago

Prepared by:

8/19/16 19:37:22

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1386

Author:(Wolk)

As Amended Ver:August 1, 2016

Majority vote

SENATE VOTE: 26-7

SUMMARY: Declares it to be the policy of the state that the protection and management of natural and working lands is an important strategy in meeting the state's greenhouse gas (GHG) reduction goals. Requires all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

EXISTING LAW:

1. Requires, pursuant to the California Global Warming Solutions Act [AB 32 (Núñez), Chapter 488, Statutes of 2006], the Air Resources Board (ARB) to adopt a statewide GHG emissions limit equivalent to 1990 levels by 2020 and to adopt rules and regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions.
2. Pursuant to Executive Order B-30-15 (Brown), in addition to establishing a 40% GHG emission reduction goal by 2030, requires several actions on adaptation including:
   1. Requires Natural Resources Agency (NRA) to update the state's climate adaptation strategy every three years and ensure that its provisions are fully implemented. Requires the state's climate adaptation strategy to:
      1. Identify vulnerabilities to climate change by sector and regions, including, at a minimum, the following sectors: water, energy, transportation, public health, agriculture, emergency services, forestry, biodiversity and habitat, and ocean and coastal resources;
      2. Outline primary risks to residents, property, communities, and natural systems from these vulnerabilities, and identify priority actions needed to reduce these risks; and,
      3. Identify a lead agency or group of agencies to lead adaptation efforts in each sector.
   2. Requires each sector lead to prepare an implementation plan by September 2015 to outline the actions that will be taken as identified in state's climate adaptation strategy, and report back on those actions to the NRA.
   3. Requires state agencies to take climate change into account in their planning and investment decisions, and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.
   4. Requires state agencies' planning and investment to be guided by the principles of climate preparedness, flexibility and adaptive approaches for uncertain climate impacts, protective of vulnerable populations, and prioritization of natural infrastructure solutions.
   5. Requires the state's Five-Year Infrastructure Plan to take current and future climate change impacts into account in all infrastructure projects.
   6. Requires Office of Planning and Research to establish a technical, advisory group to help state agencies incorporate climate change impacts into planning and investment decisions.
   7. Requires the state to continue its rigorous climate change research program focused on understanding the impacts of climate change and how best to prepare and adapt to such impacts.
3. Requires the NRA to update its climate adaptation strategy, the Safeguarding California Plan (Plan), by July 1, 2017, and every three years thereafter, by coordinating adaption activities among lead state agencies in each sector.

FISCAL EFFECT: According to the Assembly Appropriations Committee the bill has minor, absorbable costs.

COMMENTS: Three-quarters of California's landmass is comprised of biologically diverse landscapes such as forests, woodlands, shrublands, grasslands and wetlands. These lands can be a major source of sequestration through capturing carbon in soils, plants, and trees. They can also be a source of GHG emissions when drought, disease, wildfires, soil disturbances, conversion, and harvests occur. Through preservation and management, natural and working lands can provide significant GHG reductions. Natural and working lands are also susceptible to climate change impacts of sea level rise, drought, and increased temperatures.

ARB has recognized the importance of natural and working lands in meeting the state's GHG reduction targets. In the 2013 Scoping Plan update, ARB included a sector on natural and working lands and a sector on agriculture. These sectors lay out opportunities and challenges for reducing GHG emissions in those sectors. The Scoping Plan also put forth recommended actions including the development of the Forest Climate Plan. The Scoping Plan update identifies funding as critical to address the needs in the natural and working lands sector.

AB 1482 (Gordon), Chapter 603, Statutes of 2015, requires state agencies to maximize, where applicable and feasible, objectives that included promoting the use of natural systems, natural infrastructure, flood plain and wetlands restoration or preservation, urban greening, wildlife corridors, and healthy soils and sustainable agriculture to deal with climate change impacts and adaptation. However, much needs to be done to properly manage our natural and working lands to meet our GHG goals and adapt to climate impacts.

In Governor Brown's 2015 inaugural address, he noted that the management of natural and working land was one of his key strategies to reduce GHG emissions to meet the state's GHG reduction goals.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0003795

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 1386

Author:(Wolk) – As Amended Ver:August 1, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill declares it is the policy of the state that the protection and management of natural and working lands is an important strategy in meeting the state’s greenhouse gas (GHG) emissions reduction goals. Additionally, this bill:

1. Requires all state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands. Requires agencies to implement this policy in conjunction with its strategies to meet GHG reduction goals and promote cooperation with owners of natural and working lands.
   
2. Defines “working lands” to mean lands used for farming, grazing, or the production of forest products.
3. Defines “natural lands” to means lands consisting of forests, grasslands, deserts, freshwater and riparian systems, wetlands, coastal and estuarine areas, watersheds, wildlands, wildlife habitat, or lands used for recreational purposes as specified.
4. Provides nothing in this bill affects the existing authority of a local government, state agency, department, commission, or board relating to natural and working lands.

FISCAL EFFECT:

Minor, absorbable costs.

COMMENTS:

1. Purpose. According to the author, the conservation and management of natural and working lands is a key strategy in California’s ongoing efforts to meet its climate change goals given these sectors’ significant potential for removing carbon from the air and storing or sequestering it in, above, and below ground.

The author contends that despite the enormous sequestration potential, the protection and management of natural and working lands is not codified as a state policy that would last beyond this Administration. This bill codifies as state policy California’s strategy to protect and manage natural and working lands as a key part of the effort to achieve our climate change goals.

1. Natural and Working Lands. Three-quarters of California’s landmass is comprised of biologically diverse landscapes such as forests, woodlands, shrublands, grasslands and wetlands. These lands can be a major source of sequestration through capturing carbon in soils, plants, and trees. They can also be a source of GHG emissions when drought, disease, wildfires, soil disturbances, conversion, and harvests occur. Through preservation and management, natural and working lands can provide significant GHG reductions. Natural and working lands are also susceptible to climate change impacts of sea level rise, drought, and increased temperatures.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: June 27, 2016

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

SBPCA Bill Id:SB 1386

Author:(Wolk) – As Amended Ver:May 2, 2016

SENATE VOTE: 26-7

SUBJECT: Resource conservation: working and natural lands

SUMMARY: Declares it to be the policy of the state that the protection and management of natural and working lands is a key strategy in meeting the state’s greenhouse gas (GHG) reduction goals.

EXISTING LAW:

1. Requires, pursuant to the California Global Warming Solutions Act [AB 32 (Núñez), Chapter 488, Statutes of 2006], the Air Resources Board (ARB) to adopt a statewide GHG emissions limit equivalent to 1990 levels by 2020 and to adopt rules and regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions.
2. Pursuant to Executive Order S-13-08 (Schwarzenegger), requires Natural Resources Agency (NRA), through the Climate Action Team, to coordinate with local, regional, state, federal, and private entities to develop, by 2009, a state Climate Adaptation Strategy. Requires the strategy to summarize the best known science on climate change impacts to California, assess California's vulnerability to the identified impacts, and outline solutions that can be implemented within and across state agencies to promote resiliency.
3. Pursuant to Executive Order B-30-15 (Brown), in addition to establishing a 40% GHG emission reduction goal by 2030, requires several actions on adaptation including:
   
   1. Requires NRA to update the state's climate adaptation strategy every three years and ensure that its provisions are fully implemented. Requires the state's climate adaptation strategy to:
      
      1. Identify vulnerabilities to climate change by sector and regions, including, at a minimum, the following sectors: water, energy, transportation, public health, agriculture, emergency services, forestry, biodiversity and habitat, and ocean and coastal resources;
         
      2. Outline primary risks to residents, property, communities, and natural systems from these vulnerabilities, and identify priority actions needed to reduce these risks; and,
         
      3. Identify a lead agency or group of agencies to lead adaptation efforts in each sector.
         
   2. Requires each sector lead to prepare an implementation plan by September 2015 to outline the actions that will be taken as identified in state's climate adaptation strategy, and report back on those actions to the NRA.
      
   3. Requires state agencies to take climate change into account in their planning and investment decisions, and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.
      
   4. Requires state agencies' planning and investment to be guided by the principles of climate preparedness, flexibility and adaptive approaches for uncertain climate impacts, protective of vulnerable populations, and prioritization of natural infrastructure solutions.
      
   5. Requires the state's Five-Year Infrastructure Plan to take current and future climate change impacts into account in all infrastructure projects.
      
   6. Requires Office of Planning and Research (OPR) to establish a technical, advisory group to help state agencies incorporate climate change impacts into planning and investment decisions.
      
   7. Requires the state to continue its rigorous climate change research program focused on understanding the impacts of climate change and how best to prepare and adapt to such impacts.
4. Requires the NRA to update its climate adaptation strategy, the Safeguarding California Plan (Plan), by July 1, 2017, and every three years thereafter, by coordinating adaption activities among lead state agencies in each sector.

THIS BILL:

1. Declares it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the state’s GHG reduction goals.
2. Requires all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.
   
3. Defines “working lands” to mean lands used for farming, grazing, or forest production purposes.
4. Defines “natural lands” to means lands consisting of wetlands, watersheds, wildlands, wildlife habitat, or used for recreational purposes.

FISCAL EFFECT: According to the Senate Appropriations Committee, minor and absorbable costs to impacted state entities.

COMMENTS:

1. Author’s statement:

The conservation and management of natural and working lands is a key strategy in California’s ongoing efforts to meet its climate change goals given these sectors’ significant potential for removing carbon from the air and storing—or sequestering—that carbon in above and below-ground matter. Other strategies include reducing petroleum use in cars and trucks by up to 50 percent and reducing short-lived climate pollutants. The California Department of Forestry and Fire Protection, California Department of Fish and Wildlife, California Department of Food and Agriculture, California Strategic Growth Council, and other state bodies have programs in place to undertake carbon sequestration on natural and working lands using GGRF dollars.

However, despite the enormous sequestration potential, the protection and management of natural and working lands is not codified as a state policy that would last beyond this Administration. Moreover, programs that oversee projects involving the management of natural and working lands to reduce carbon emissions struggle to receive appropriations and attention.

This bill would codify as state policy California’s strategy to protect and manage natural and working lands as a key part of the effort to achieve our climate change goals.

In doing so, SB 1386 will better enable agencies to prioritize the conservation and management of natural and working lands to maximize their carbon sequestration value, including promoting carbon sequestration projects, furthering California’s efforts to reduce greenhouse gas emissions and providing important additional public benefits such as the protection and enhancement of wildlife habitat, parks and open space; recreational and economic opportunities; production of food and fiber; improvement of air and water quality; and flood protection.

1. Natural and Working Lands. Three-quarters of California’s landmass is comprised of biologically diverse landscapes such as forests, woodlands, shrublands, grasslands and wetlands. These lands can be a major source of sequestration through capturing carbon in soils, plants, and trees. They can also be a source of GHG emissions when drought, disease, wildfires, soil disturbances, conversion, and harvests occur. Through preservation and management, natural and working lands can provide significant GHG reductions. Natural and working lands are also susceptible to climate change impacts of sea level rise, drought, and increased temperatures.

ARB has recognized the importance of natural and working lands in meeting the state’s GHG reduction targets. In the 2013 Scoping Plan update, ARB included a sector on natural and working lands and a sector on agriculture. These sectors lay out opportunities and challenges for reducing GHG emissions in those sectors. The Scoping Plan also put forth recommended actions including the development of the Forest Climate Plan. The Scoping Plan update identifies funding as critical to address the needs in the natural and working lands sector.

Listed below are the GGRF funding that these sectors have received to date:

• 1. Agricultural Energy and Operational Efficiency, Department of Food and Agriculture (CDFA), $75 million;
  2. Water-Energy Efficiency, Department of Water Resources (DWR), $75 million;
  3. Wetlands and Watershed Restoration, Department of Fish and Wildlife (DFW), $27 million;
  4. Urban Forestry, Forest Health Restoration, and Reforestation, Department of Forestry and Fire Protection (CAL FIRE), $42 million; and,
  5. Waste Diversion, Department of Resources Recycling and Recovery (CalRecycle), $31 million.

AB 1482 (Gordon), Chapter 603, Statutes of 2015, requires state agencies to maximize, where applicable and feasible, objectives that included promoting the use of natural systems, natural infrastructure, flood plain and wetlands restoration or preservation, urban greening, wildlife corridors, and healthy soils and sustainable agriculture to deal with climate change impacts and adaptation. However, much needs to be done to properly manage our natural and working lands to meet our GHG goals and adapt to climate impacts.

1. This bill. In Governor Brown’s 2015 inaugural address, he noted that the management of natural and working land was one of his key strategies to reduce GHG emissions to meet the state’s GHG reduction goals. This bill puts that policy into statute and directs all relevant state agencies to consider that policy when doing regulations, policy, or funding projects. By doing this, the author and sponsor hope to increase the priority and funding of this policy at the relevant state agencies. The author and committee may wish to consider amending the bill to require all state agencies not just the relevant one to consider these polices and to also consider the co-benefit the protection and management of natural and working lands provide. The author and committee may also wish to consider amending the bill further defining natural lands and add coauthors.

REGISTERED SUPPORT / OPPOSITION:

Support

Defenders of Wildlife (sponsor)

Audubon California

California Central Valley Flood Control Association

California Climate & Agriculture Network

California ReLeaf

California State Parks Foundation

California Tahoe Alliance

Carbon Cycle Institute

Community Alliance with Family Farmers

Contra Costa County Board of Supervisors
East Bay Regional Park District

Endangered Habitats League

Environment California

Greenbelt Alliance

Institute for Ecological Health

Lutheran Office of Public Policy - California

Mono Lake Committee

Mountain Recreation & Conservation Authority

Ocean Conservancy

Pacific Forest Trust

San Bernardino Valley Water Conservation District

Santa Clara Valley Open Space Authority

Save the Redwoods League

Sierra Business Council

Sierra Climate Adaptation and Mitigation Partnership

Sierra Club California

Sierra Foothill Conservancy

The Nature Conservancy

The Trust for Public Land

Yolo County Board of Supervisors

Opposition

California Apartment Association

California Building Industry Association

California Business Properties Association

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092

 THIRD READING  

Bill No: SB 1386

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/6/16

AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley

NO VOTE RECORDED: Jackson

SENATE APPROPRIATIONS COMMITTEE: 5-0, 4/25/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NO VOTE RECORDED: Bates, Nielsen

SUBJECT:

SOURCE: Defenders of Wildlife

DIGEST: This bill requires all relevant state agencies, departments, boards, and commissions to consider the protection and management of natural and working lands when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Senate Floor Amendments of 5/2/16 add a findings and declarations section that provides intent language for this bill. The new section discusses the value and role of natural and working lands in storing carbon and producing other public benefits within the context of the state’s overall efforts to address climate change.

ANALYSIS:

Existing law:

1. Requires the Air Resources Board (ARB), under the California Global Warming Solutions Act of 2006 (also known as AB 32), to (a) inventory greenhouse gases (GHGs), (b) determine the 1990 statewide GHG emissions level, (c) approve a statewide GHG emissions limit equivalent to that level to be achieved by 2020, (d) implement regulations that achieve the maximum technologically feasible and cost-effective reduction of GHG emissions, and (e) authorize ARB to include market-based compliance mechanisms, including a cap-and-trade program, in the AB 32 regulations after considering the potential for direct, indirect, and cumulative emission impacts from these mechanisms. (Health and Safety Code §38500 et seq.)
2. Establishes the Greenhouse Gas Reduction Fund (GGRF), under the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act, for proceeds from the cap-and-trade program and authorizes moneys from the GGRF for, among several explicit investment options, “funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.” (HSC §39712 (c)(3)).

This bill:

1. Declares it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the state’s GHG reduction goals.
2. Requires all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Background

1. Emissions reductions. Over the last decade, California has built on its history of policies to conserve energy and reduce air pollution to initiate an effort to reduce its GHG emissions to lessen the negative impacts of climate change.

Governor Schwarzenegger’s Executive Order S-3-05 specified GHG emissions reduction targets of 2000 levels by 2010, 1990 levels by 2020, and 80 percent below 1990 levels by 2050. In 2015, Governor Brown issued Executive Order B-30-15 that established an additional intermediate emissions reduction target of 40 percent below 1990 levels by 2030.

Because natural and working lands store (“sequester”) carbon from the atmosphere in above- and below-ground plant matter, this sequestration contributes to net reductions of carbon emissions. In addition, active sequestration via the biosphere and through various technological means will ultimately be necessary to go beyond reducing the addition of GHGs to actually eliminating carbon dioxide already in the atmosphere.

The protection and management of natural and working lands has been recognized as an important part of California’s climate initiative in reports by both the current and past administrations. An example of official recognition of the importance of natural carbon sequestration includes the state’s 2008 Climate Change Scoping Plan: A Framework for Change.

Although the carbon sequestration function of natural and working lands is prone to be variable across geographies and time, a growing body of scientific research is quantifying the range of carbon sequestration values across natural and working lands in California and elsewhere.

1. Investment of cap-and-trade proceeds. Proceeds from the cap-and-trade program are available for appropriations from the GGRF, with legislative direction for those appropriations provided by AB 1532 (J. Pérez, Chapter 807, Statutes of 2012), SB 535 (de León, Chapter 830, Statutes of 2012), and SB 1018 (Senate Budget & Fiscal Review Committee, Chapter 39, Statutes of 2012). SB 1018 requires the Department of Finance to regularly update a three-year investment plan that identifies feasible and cost-effective GHG emission reduction investments to be funded from the cap-and-trade auction proceeds. SB 535 requires minimum percentages of spending for emissions-reducing projects that are specifically located in and otherwise benefit disadvantaged communities.

Based on the Governor’s proposals, the Legislature has authorized continuous appropriations from the GGRF for a number of larger infrastructure and smart growth initiatives. Other proposed appropriations from the GGRF have been decided within the annual budget setting process. Approximately 11 percent (or $345 million out of $3,090 million) of the Governor’s total proposed GGRF expenditures for 2016-17 appear to be directed towards managing natural and working lands, as defined in this bill.

Comments

1. Purpose of Bill. According to the author, “The Governor identified protection and management of natural and working lands as a significant part of his strategy to reach the state’s 2030 emissions target, as these lands can sequester significant amounts of carbon.

“The California Department of Forestry and Fire Protection, California Department of Fish and Wildlife, California Department of Food and Agriculture, California Strategic Growth Council, and other state bodies have programs in place to reduce GHG emissions and undertake carbon sequestration on natural and working lands using GGRF dollars.

“SB 1386 codifies as state policy the Governor’s strategy to protect and manage natural and working lands as a key part of the efforts to achieve our climate change goals. The bill also requires that all relevant state agencies consider this policy when revising, adopting, or establishing policies, regulations, expenditures, and grant criteria relating to the protection and management of natural and working lands.

“Not only will SB 1386 support future investment in carbon sequestration projects on California’s natural and working lands, it will, at the same time, provide other important public benefits for all communities including the protection and enhancement of wildlife habitat, parks, greenways, and open space; recreational and economic opportunities; production of food and fiber; improvement of air and water quality; and flood protection.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, minor and absorbable costs to impacted state entities.

SUPPORT: (Verified 4/25/16)

Defenders of Wildlife (source)

Audubon California

California Central Valley Flood Control Association

California Climate & Agriculture Network

California ReLeaf

California State Parks Foundation

California Tahoe Alliance

Carbon Cycle Institute

Community Alliance with Family Farmers

Environment California

Greenbelt Alliance

Lutheran Office of Public Policy - California

Mono Lake Committee

Mountain Recreation & Conservation Authority

Ocean Conservancy

Pacific Forest Trust

Santa Clara Valley Open Space Authority

Save the Redwoods League

Sierra Business Council

Sierra Club California

The Nature Conservancy

The Trust for Public Land

OPPOSITION: (Verified 4/25/16)

None received

Prepared by:

5/4/16 15:04:19

**** END ****

 THIRD READING  

Bill No: SB 1386

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 4/6/16

AYES: Wieckowski, Gaines, Bates, Hill, Leno, Pavley

NO VOTE RECORDED: Jackson

SENATE APPROPRIATIONS COMMITTEE: 5-0, 4/25/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NO VOTE RECORDED: Bates, Nielsen

SUBJECT:

SOURCE: Defenders of Wildlife

DIGEST: This bill requires all relevant state agencies, departments, boards, and commissions to consider the protection and management of natural and working lands when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

ANALYSIS:

Existing law:

1. Requires the Air Resources Board (ARB), under the California Global Warming Solutions Act of 2006 (also known as AB 32), to (a) inventory greenhouse gases (GHGs), (b) determine the 1990 statewide GHG emissions level, (c) approve a statewide GHG emissions limit equivalent to that level to be achieved by 2020, (d) implement regulations that achieve the maximum technologically feasible and cost-effective reduction of GHG emissions, and (e) authorize ARB to include market-based compliance mechanisms, including a cap-and-trade program, in the AB 32 regulations after considering the potential for direct, indirect, and cumulative emission impacts from these mechanisms. (Health and Safety Code, §38500 et seq.)
2. Establishes the Greenhouse Gas Reduction Fund (GGRF), under the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act, for proceeds from the cap-and-trade program and authorizes moneys from the GGRF for, among several explicit investment options, “funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.” (HSC §39712 (c)(3)).

This bill:

1. Declares it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the state’s GHG reduction goals.
2. Requires all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Background

1. Emissions reductions. Over the last decade, California has built on its history of policies to conserve energy and reduce air pollution to initiate an effort to reduce its GHG emissions to lessen the negative impacts of climate change.

Governor Schwarzenegger’s Executive Order S-3-05 specified GHG emissions reduction targets of 2000 levels by 2010, 1990 levels by 2020, and 80 percent below 1990 levels by 2050. In 2015, Governor Brown issued Executive Order B-30-15 that established an additional intermediate emissions reduction target of 40 percent below 1990 levels by 2030.

Because natural and working lands store (“sequester”) carbon from the atmosphere in above- and below-ground plant matter, this sequestration contributes to net reductions of carbon emissions. In addition, active sequestration via the biosphere and through various technological means will ultimately be necessary to go beyond reducing the addition of GHGs to actually eliminating carbon dioxide already in the atmosphere.

The protection and management of natural and working lands has been recognized as an important part of California’s climate initiative in reports by both the current and past administrations. An example of official recognition of the importance of natural carbon sequestration includes the state’s 2008 Climate Change Scoping Plan: A Framework for Change.

Although the carbon sequestration function of natural and working lands is prone to be variable across geographies and time, a growing body of scientific research is quantifying the range of carbon sequestration values across natural and working lands in California and elsewhere.

1. Investment of cap-and-trade proceeds. Proceeds from the cap-and-trade program are available for appropriations from the GGRF, with legislative direction for those appropriations provided by AB 1532 (J. Pérez, Chapter 807, Statutes of 2012), SB 535 (de León, Chapter 830, Statutes of 2012), and SB 1018 (Senate Budget & Fiscal Review Committee, Chapter 39, Statutes of 2012). SB 1018 requires the Department of Finance to regularly update a three-year investment plan that identifies feasible and cost-effective GHG emission reduction investments to be funded from the cap-and-trade auction proceeds. SB 535 requires minimum percentages of spending for emissions-reducing projects that are specifically located in and otherwise benefit disadvantaged communities.

Based on the Governor’s proposals, the Legislature has authorized continuous appropriations from the GGRF for a number of larger infrastructure and smart growth initiatives. Other proposed appropriations from the GGRF have been decided within the annual budget setting process. Approximately 11 percent (or $345 million out of $3,090 million) of the Governor’s total proposed GGRF expenditures for 2016-17 appear to be directed towards managing natural and working lands, as defined in this bill.

Comments

1. Purpose of Bill. According to the author, “The Governor identified protection and management of natural and working lands as a significant part of his strategy to reach the state’s 2030 emissions target, as these lands can sequester significant amounts of carbon.

“The California Department of Forestry and Fire Protection, California Department of Fish and Wildlife, California Department of Food and Agriculture, California Strategic Growth Council, and other state bodies have programs in place to reduce GHG emissions and undertake carbon sequestration on natural and working lands using GGRF dollars.

“SB 1386 codifies as state policy the Governor’s strategy to protect and manage natural and working lands as a key part of the efforts to achieve our climate change goals. The bill also requires that all relevant state agencies consider this policy when revising, adopting, or establishing policies, regulations, expenditures, and grant criteria relating to the protection and management of natural and working lands.

“Not only will SB 1386 support future investment in carbon sequestration projects on California’s natural and working lands, it will, at the same time, provide other important public benefits for all communities including the protection and enhancement of wildlife habitat, parks, greenways, and open space; recreational and economic opportunities; production of food and fiber; improvement of air and water quality; and flood protection.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, minor and absorbable costs to impacted state entities.

SUPPORT: (Verified 4/25/16)

Defenders of Wildlife (source)

Audubon California

California Central Valley Flood Control Association

California Climate & Agriculture Network

California ReLeaf

California State Parks Foundation

California Tahoe Alliance

Carbon Cycle Institute

Community Alliance with Family Farmers

Environment California

Greenbelt Alliance

Lutheran Office of Public Policy - California

Mono Lake Committee

Mountain Recreation & Conservation Authority

Ocean Conservancy

Pacific Forest Trust

Santa Clara Valley Open Space Authority

Save the Redwoods League

Sierra Business Council

Sierra Club California

The Nature Conservancy

The Trust for Public Land

OPPOSITION: (Verified 4/25/16)

None received

Prepared by:

4/27/16 15:57:31

**** END ***

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 1386 (Wolk) - Resource conservation: working and natural lands

This bill does not meet the criteria for referral to the Suspense File.

Bill Summary:

1. SB 1386 requires all relevant state agencies, departments, boards, and commissions to consider the protection and management of natural and working lands when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Fiscal Impact:

Minor and absorbable costs to impacted state entities.

Background:

1. Proceeds from the cap-and-trade program are available for appropriations from the Greenhouse Gas Reduction Fund (GGRF). Based on the Governor’s proposals, the Legislature has authorized continuous appropriations from the GGRF for a number of larger infrastructure and smart growth initiatives. Other proposed appropriations from the GGRF have been decided within the annual budget setting process. Approximately 11 percent (or $345 million out of $3,090 million) of the Governor’s total proposed GGRF expenditures for 2016-17 appear to be directed towards managing natural and working lands, as defined in this bill.

Proposed Law:

1. SB 1386 requires all relevant state agencies, departments, boards, and commissions to consider the protection and management of natural and working lands when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Staff Comments:

1. According to the author, “The California Department of Forestry and Fire Protection, California Department of Fish and Wildlife, California Department of Food and Agriculture, California Strategic Growth Council, and other state bodies have programs in place to reduce GHG emissions and undertake carbon sequestration on natural and working lands using GGRF dollars.”

Staff notes that costs to implement the bill will likely be minimal; however, this bill may impact GGRF expenditures. Also, to the extent that the bill establishes special consideration of the natural and working land sectors for GGRF moneys, the bill may become a precedent for other emissions-reducing sectors to similarly seek general statutory recognition of their importance.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2015 - 2016 Regular

Bill No: SB 1386

SUBJECT: Resource conservation: working and natural lands

ANALYSIS:

Existing law:

1. Under the California Global Warming Solutions Act of 2006 (also known as AB 32), requires the Air Resources Board (ARB) to (a) inventory greenhouse gases (GHGs), (b) determine the 1990 statewide GHG emissions level, (c) approve a statewide GHG emissions limit equivalent to that level to be achieved by 2020, (d) implement regulations that achieve the maximum technologically feasible and cost-effective reduction of GHG emissions, and (e) authorizes ARB to include market-based compliance mechanisms, including a cap-and-trade program, in the AB 32 regulations after considering the potential for direct, indirect, and cumulative emission impacts from these mechanisms. (Health and Safety Code, §38500 et seq.)
2. Under the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act, establishes the Greenhouse Gas Reduction Fund (GGRF) for proceeds from the cap-and-trade program and authorizes moneys from the GGRF for, among several explicit investment options, “funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.” (HSC §39712 (c)(3)).

This bill:

1. Declares it to be the policy of the state that the protection and management of natural and working lands, as defined, is a key strategy in meeting the state’s greenhouse gas reduction goals;
2. Would require all relevant state agencies, departments, boards, and commissions to consider this policy when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands.

Background

1. Emissions reductions. Over the last decade, California has built on its history of policies to conserve energy and reduce air pollution to initiate an effort to reduce its greenhouse gas emissions to lessen the negative impacts of climate change.

Governor Schwarzenegger’s Executive Order S-3-05 specified GHG emissions reduction targets of 2000 levels by 2010, 1990 levels by 2020, and 80 percent below 1990 levels by 2050. In 2015, Governor Brown issued Executive Order B-30-15 that established an additional intermediate emissions reduction target of 40 percent below 1990 levels by 2030.

Because natural and working lands store (“sequester”) carbon from the atmosphere in above- and below-ground plant matter, this sequestration contributes to net reductions of carbon emissions. In addition, active sequestration via the biosphere and through various technological means will ultimately be necessary to go beyond reducing the addition of GHGs to actually eliminating carbon dioxide already in the atmosphere.

The protection and management of natural and working lands has been recognized as an important part of California’s climate initiative in reports by both the current and past administrations. An example of official recognition of the importance of natural carbon sequestration includes the state’s 2008 Climate Change Scoping Plan: A Framework for Change:

California’s forests will play an even greater role in reducing carbon emissions for the 2050 greenhouse gas emissions reduction goals. Forests are unique in that planting trees today will maximize their sequestration capacity in 20 to 50 years. As a result, near-term investments in activities such as planting trees will help us reach our 2020 target, but will also play a greater role in reaching our 2050 goals. (p 64)

Future land use decisions will play a role in reaching our greenhouse gas emissions reduction goals for all sectors. Loss of forest land to development increases greenhouse gas emissions levels because less carbon is sequestered. Avoiding or mitigating such conversions will support efforts to meet the 2020 goal. (p 65)

Increasing carbon sequestration, including on working rangelands, hardwood and riparian woodland reforestation, also hold potential as a greenhouse gas strategies. As we evaluate the role that this sector can play in California’s emissions reduction efforts, we will explore the feasibility of developing sound quantification protocols so that these and other related strategies may be employed in the future. (p 67)

Although the carbon sequestration function of natural and working lands is prone to be variable across geographies and time, a growing body of scientific research is quantifying the range of carbon sequestration values across natural and working lands in California and elsewhere.

1. Investment of cap-and-trade proceeds. Proceeds from the cap-and-trade program are available for appropriations from the GGRF, with legislative direction for those appropriations provided by AB 1532 (J. Pérez, Chapter 807, Statutes of 2012), SB 535 (de León, Chapter 830, Statutes of 2012, and SB 1018 (Budget & Fiscal Review, Chapter 39, Statutes of 2012). SB 1018 requires the Department of Finance to regularly update a three-year investment plan that identifies feasible and cost-effective GHG emission reduction investments to be funded from the cap-and-trade auction proceeds. SB 535 requires minimum percentages of spending for emissions-reducing projects that are specifically located in and otherwise benefit disadvantaged communities.

Based on the Governor’s proposals, the Legislature has authorized continuous appropriations from the GGRF for a number of larger infrastructure and smart growth initiatives. Other proposed appropriations from the GGRF have been decided within the annual budget setting process. Approximately 11 percent (or $345 million out of $3,090 million) of the Governor’s total proposed GGRF expenditures for 2016-17 appear to be directed towards managing natural and working lands, as defined in this bill.

Comments

1. Purpose of Bill. According to the author, “The Governor identified protection and management of natural and working lands as a significant part of his strategy to reach the state’s 2030 emissions target, as these lands can sequester significant amounts of carbon.

“The California Department of Forestry and Fire Protection, California Department of Fish and Wildlife, California Department of Food and Agriculture, California Strategic Growth Council, and other state bodies have programs in place to reduce GHG emissions and undertake carbon sequestration on natural and working lands using GGRF dollars.

“SB 1386 codifies as state policy the Governor’s strategy to protect and manage natural and working lands as a key part of the efforts to achieve our climate change goals. The bill also requires that all relevant state agencies consider this policy when revising, adopting, or establishing policies, regulations, expenditures, and grant criteria relating to the protection and management of natural and working lands.

“Not only will SB 1386 support future investment in carbon sequestration projects on California’s natural and working lands, it will, at the same time, provide other important public benefits for all communities including the protection and enhancement of wildlife habitat, parks, greenways, and open space; recreational and economic opportunities; production of food and fiber; improvement of air and water quality; and flood protection.”

1. Is the bill needed? As mentioned above, some explicit statutory recognition of the value of natural and working lands for GHG reductions already exists within AB 1532. In addition, both Executive Orders S-03-05 and B-30-15 direct the major relevant agencies to meet the state’s GHG emission reduction targets, and the latter Executive Order also states that “natural infrastructure solutions should be prioritized.” SB 1386 would therefore follow these policy precedents to strengthen the statutory basis for attention to the role of protecting and managing natural and working lands in reducing GHG emissions.

Practically, to the extent that the relevant agencies involved in the protection and management of natural and working lands are already interested in being considered for funding through GGRF, they are already thinking of the ways that their programs support the state’s GHG reduction goals. This raises the question of what the bill, in its current form, is likely to achieve that is not already occurring.

To the extent that the bill establishes special consideration of the natural and working land sectors for GGRF moneys, the bill may become a precedent for other emissions-reducing sectors to similarly seek general statutory recognition for their importance. Rather than prioritizing funding across sectors in such a generic way, however, the Legislature may find that prioritization is more effective after actual evaluation of specific detailed project proposals for their effectiveness in reducing GHG emissions and achieving other benefits.

1. Suggested amendments.
   1. The first two provisions of SB 1386 state the importance of natural and working lands in meeting the state’s emission goals through the sequestration of atmospheric carbon, and note the significant non-emissions reduction benefits (often referred to as “co-benefits”) potentially achievable via the protection and management of natural and working lands.

As both §9001.5 (a) and (b) are intended to provide justification for the actionable provisions of the bill, amendments are needed to move those provisions into an uncodified section of the bill as findings and declarations, and clarify the rationale for the bill’s requirements.

• 1. Section 9001.5 (c) requires relevant state agencies to consider natural and working lands as a key strategy in meeting the state’s GHG emission reduction goals when revising, adopting, or establishing policies, regulations, expenditures, and grant criteria relating to the protection and management of natural and working lands.

Although various practices can have significant benefits in terms of GHG emissions reductions, the ability of natural and working lands to contribute to GHG emissions goals will depend on the specific details and characteristics of individual projects. Additionally, although not called out for consideration by relevant agencies in SB 1386, protection and management of natural and working lands can have significant benefits in terms of adaptation and resiliency to climate change impacts. In fact, as increased GHG emissions reductions and resiliency to climate change impacts are both essential to an effective climate change strategy, agencies should take a holistic approach to the evaluation of mitigation and adaptation benefits for proposed actions.

In practice, the reach of the bill will likely depend on how the “relevant” agencies, departments, boards, and commissions are identified, and how they choose to “consider the policy” in developing their regulations, budgeting, defining of grant criteria, and other decision making. Additionally, the word consider is vague, and the requirement in SB 1386 would not necessarily require agencies to provide a more thorough evaluation or analysis.

Instead of simply considering natural and working lands as a key strategy in meeting the state’s GHG emissions, an amendment is needed to specify that relevant agencies, departments, boards, and commissions must analyze the effects on climate change mitigation and adaptation, when revising, adopting, or establishing polices, regulation, expenditures, or grant criteria relating to the protection and management of natural and working lands.

SOURCE:

Defenders of Wildlife

SUPPORT:

Audubon California

California Climate & Agriculture Network

California ReLeaf

California State Parks Foundation

California Tahoe Alliance

Environment California

Lutheran Office of Public Policy - California

Mono Lake Committee

Pacific Forest Trust

Save the Redwoods League

Sierra Club California

The Nature Conservancy

The Trust for Public Land

OPPOSITION:

None received

ARGUMENTS IN SUPPORT:

Supporters note how Governor Brown highlighted in his 2015 inaugural address the management of natural and working lands as a key strategy to reduce GHG emissions, but would like to better codify recognition of this sector’s importance within the larger climate change mitigation enterprise. Despite the existence within many departments and other state entities of many carbon sequestration programs using natural and working lands and funded by GGRF, supporters worry that such policies may not last beyond the current Administration.

Statutory codification will also make it easier to achieve future investments in the protection and management of natural and working lands, which in turn will deliver both GHG reductions as well as multiple other benefits.

ARGUMENTS IN OPPOSITION:

None

-- END –