Date of Hearing: August 21, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 168

Author:(Wieckowski) – As Amended Ver:June 27, 2019

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

SUMMARY:

This bill establishes the Chief Climate Resilience Officer (Chief Officer) in the Governor’s Office of Planning and Research (OPR) to be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation, and with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California. This bill provides the duties of the Chief Officer include but are not limited to:

1. Developing guidance documents for the integration of adaptation and resiliency into specified state and local plans, including the Safeguarding California Plan developed and updated by the Natural Resources Agency (NRA).
2. Coordinating with the NRA and the California Energy Commission (CEC) on climate change assessment.
3. Developing metrics related to adaptation and resiliency.
4. Building partnerships between all levels of government and the private sector.
5. Identifying, in consultation with the Office of Environmental Health Hazard Assessment (OEHHA) and the NRA, vulnerable communities and regions, and publishing and developing tools to assist state, regional and local agencies, as specified.
6. Determining whether entities required to participate in the production of the Environmental Goals and Policy Report (EGPR) are in compliance with the requirements, and providing public recommendations to achieve compliance, as specified.
7. Providing recommendations to the Strategic Growth Council (SGC) to better facilitate state employees’ ability to perform climate adaptation work across agencies and departments.

Additionally, this bill makes the Chief Officer or their designee the chair of the existing technical advisory council (TAC) at OPR and revises the expertise of membership and terms of the TAC as specified.

FISCAL EFFECT:

1. Ongoing annual OPR costs of $250,000 GF for the Chief Officer, including salary, benefits, travel and administrative expenses.
2. Ongoing annual OPR costs of approximately $75,000 GF for administrative support and

$25,000 GF to support the Adaptation Clearinghouse, which OPR expects will need to be expanded to accommodate the increased need related to the expanded role of the existing Integrated Climate Adaptation and Resiliency Program.

1. Unknown, potentially significant NRA, CEC and OEHHA costs, depending on the nature and scope of their coordination and consultation (various funds).

COMMENTS:

1. Purpose. According to the author:

We need a well-coordinated strategy based on the latest science to enable our state to be resilient enough to meet these and other incredible challenges. In 2015, I authored SB 246, which addressed the lack of comprehensive and coordinated climate adaptation planning between state, regional, and local entities in California. This bill, SB 168, takes the next step in this process. It creates a Chief Resilience Officer within the Office of Planning and Research. The Officer would be the statewide lead to manage this effort on adaptation.

1. Existing Adaptation Efforts. The NRA is tasked with developing and updating the state’s adaptation strategy, known as the Safeguarding California Plan, every three years and coordinating adaptation activities among lead state agencies in various sectors

.

The Strategic Growth Council, a multi-agency council chaired by the director of OPR, identifies and reviews the activities and funding programs of the state agencies and administers numerous grant programs.

The existing Integrated Climate Adaptation and Resiliency Program at OPR coordinates regional, local and state efforts to adapt to climate change.

Many other state agencies and conservancies have ongoing efforts related to climate adaptation, and it is important to ensure the establishment of a Chief Officer helps agencies to undertake efforts related to adaptation.

This bill establishes the Chief Officer as the statewide lead for planning and coordination of climate adaptation policy implementation in California. However, this creates some uncertainty in the roles of various executive officers within the NRA and CalEPA and their constituent entities that have existing responsibilities in leading climate adaptation planning for the state.

Lastly, since the position of the Chief Officer would not preside over a board or commission, the Governor has the authority to create and define the position without legislation.

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

Date of Hearing: June 24, 2019

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Laura Friedman, Chair

SBPCA Bill Id:SB 168

Author:(Wieckowski) – As Amended Ver:May 17, 2019

SENATE VOTE: 29-9

SUBJECT: Climate change: Chief Climate Resilience Officer

SUMMARY: Establishes the Chief Climate Resilience Officer (Officer) in the Governor’s Office of Planning and Research (OPR) (1) to be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation, and (2) with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California with duties, as specified.

EXISTING LAW:

1. Requires the NRA to update the state’s climate adaptation strategy, now known as the Safeguarding California Plan (Plan), by July 1, 2017, and every three years thereafter, by coordinating adaptation activities among lead state agencies in each sector. Requires the Plan to:
   1. Identify vulnerabilities to climate change by sector and region, 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 NRA to annually report to the Legislature on actions taken by each applicable agency to implement the Plan.
3. Requires state agencies' planning and investments to be guided by the principles of climate preparedness, flexibility and adaptive approaches for uncertain climate impacts, protection of vulnerable populations, and prioritization of natural infrastructure solutions.
4. Requires state agencies to maximize, where applicable and feasible, regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.
5. Establishes the Strategic Growth Council (SGC) with specified membership. Requires the SGC to: identify and review activities and funding programs of member state agencies that may be coordinated to improve air and water quality; improve natural resources protection; meet the state’s GHG emissions reduction goals; implement the strategies and priorities developed in the Plan; and meet other specified responsibilities.
6. Requires local jurisdictions to include climate adaptation and resiliency strategies in the safety elements of their general plans.
7. Establishes the Office of Planning and Research (OPR) to serve the Governor for long-range planning and research and as the comprehensive state planning agency.
8. Requires OPR to prepare and maintain the Environmental Goals and Policy Report (EGPR), which includes goals and objectives that focus on land use, population growth and distribution, conservation of natural resources, and air and water quality, as well as a discussion of programs and policies required to implement the state’s environmental goals.
9. Establishes the Integrated Climate Adaptation and Resiliency Program (ICARP) in the OPR to coordinate regional, local, and state efforts to adapt to climate change. Requires ICARP to:
   1. Pursue an emphasis on climate equity across sectors and strategies that benefit both greenhouse gas (GHG) emissions reductions and adaptation efforts;
   2. Work with and coordinate local and regional adaptation efforts, including developing tools and guidance, promoting and coordinating state agency support, and informing state-led programs, planning processes, grant programs, and guidelines development through regular coordination among state agencies, the CAT, and the SGC.
   3. Assist the Office of Emergency Services (OES) and other relevant agencies with coordinating regular reviews and updates to the Adaptation Planning Guide (APG).
   4. Coordinate and maintain the state’s clearinghouse for climate adaptation information.
10. Requires OPR to establish a technical advisory group [i.e., the Technical Advisory Council (TAC)] to help state agencies incorporate climate change impacts into planning and investment decisions.

THIS BILL:

1. Makes findings and declarations.
2. Establishes the Officer in OPR (1) to be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation, and (2) with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California with duties including, but not limited to:
   1. Developing guidance documents for the integration of adaptation and resiliency into specified state and local plans, including the Plan.
   2. Coordinating with the NRA and the California Energy Commission.
   3. Developing metrics related to adaptation and resiliency.
   4. Building partnerships between all levels of government and the private sector.
   5. Identifying and developing tools to assist state, regional, and local agencies in identifying vulnerable communities and regions.
   6. Determining whether entities covered by the EGPR are in compliance with it, and provide public recommendations to achieve compliance, as specified.
   7. Providing recommendation to the SGC to better facilitate state employees’ ability to do climate adaptation work across agencies and departments.
   8. Developing climate adaptation and resiliency-focused recommendations for the prevention of, and recover from, natural disasters.
3. Specifies that the Officer, or their designee, shall serve on the TAC.
4. Adds “procurement” and “innovative finance and life-cycle asset management” to the list of qualifications in which the members of the TAC shall have expertise.
5. Specifies that the Officer, or their designee, shall serve as chair of the TAC.
6. Specifies that, except for the Officer, or their designee, members of the TAC shall serve staggered terms of four years.
7. Specifies that during the first meeting of the TAC taking place on or after January 1, 2020, one-half of the members of the advisory council shall be chosen by lot to serve a two-year term.

FISCAL EFFECT: According to the Senate Appropriations Committee, the OPR estimates that this bill would result in the following General Fund costs each year to establish the Officer:

1. $250,000 for the Officer, which includes salary, benefits, travel and administrative expenses;
2. One position for administrative support to the Officer at a cost of approximately $74,000; and
3. $25,000 to support the Adaptation Clearinghouse which the OPR expects will need to be expanded to accommodate the increased need related to the expanded role of the Integrated Climate Adaptation and Resiliency Program.

COMMENTS:

1. Author’s statement:

We need a well-coordinated strategy based on the latest science to enable our state to be resilient enough to meet these and other incredible challenges. In 2015, I authored SB 246, which addressed the lack of comprehensive and coordinated climate adaptation planning between state, regional, and local entities in California. This bill, SB 168, takes the next step in this process. It creates a Chief Resilience Officer within the Office of Planning and Research. The Officer would be the statewide lead to manage this effort on adaptation.

1. Adaptation. In 2009, the NRA described adaptation as a relatively new concept in California policy and stated the term means, “efforts that respond to the impacts of climate change – adjustments in natural or human systems to actual or expected climate changes to minimize harm or take advantage of beneficial opportunities.”

California’s adaptation efforts can be traced back to 2008, when Governor Schwarzenegger ordered the NRA, through the Climate Action Team, to coordinate with local, regional, state, federal, public, and private entities to develop, by 2009, the state’s Climate Adaptation Strategy. Governor Schwarzenegger’s Executive Order S-13-08 required the strategy to summarize the best known science on climate change impacts for California, assess California's vulnerability to the identified impacts, and outline solutions that can be implemented within and across state agencies to promote resiliency. As a result, NRA drafted The 2009 California Climate Adaptation Strategy. The state’s Climate Adaptation Strategy represents the work of seven sector-specific working groups led by 12 state agencies, boards, commissions, and numerous stakeholders. The state’s Climate Adaptation Strategy proposes a comprehensive set of recommendations designed to inform and guide California decision makers as they begin to develop policies that will protect the state, its residents, and its resources from a range of climate change impacts. In January of 2014, NRA released an update to the 2009 California Climate Adaptation Strategy Safeguarding California: Reducing Climate Risk. AB 1482 (Gordon), Chapter 603, Statutes of 2015, required updates to the Plan every three years, which was done last in 2018.

Climate risks in California include sea level rise, changes in precipitation that increase the risk of both drought and flooding, and increases in temperatures that can affect air quality and habitat. California is responding to these risks through various efforts, including the recently passed parks (Proposition 68) and water bonds (Proposition 1), which allocated significant resources to adaptation, the California State Coastal Conservancy’s Climate Ready Program, and the Wildlife Conservation Board’s Climate Adaptation and Resiliency Program.

In addition, the Coastal Commission (Commission) has been working with coastal zone local governments to update their local coastal programs to address shoreline hazards and sea level rise. The Commission has also released a Draft Sea Level Rise Policy Guidance document that provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Commission planning and regulatory actions. This will help coastal local governments to make planning decisions that will take into account sea level rise and identify infrastructure and property that is at risk.

ICARP was established in OPR by SB 246 (Wieckowski), Chapter 606, Statutes of 2015, to facilitate coordination around adaptation between state, regional and local groups. To provide support to these groups and the public, ICARP maintains an information clearinghouse including, but not limited to, documents, reports, and data related to adaptation. The bill also required the formation of the TAC, which is comprised of members with expertise in the intersection between climate change and a range of fields including public health, environmental quality, environmental justice, agriculture, transportation and housing, energy, natural resources, water, planning, recycling and waste management, local or regional government, tribal issues, emergency services, procurement, finance and life-cycle asset management, and public safety. The TAC is currently comprised of 23 members with expertise in the fields listed above, and is staffed by two full-time employees in OPR. The TAC is required to convene no less than three times per year, and its votes do not hold regulatory authority.

Overlapping responsibilities. Many state agencies have ongoing efforts related to climate adaptation, and it is important to ensure that the establishment of the Officer at OPR positively impacts the ability of agencies to undertake efforts related to adaptation. This bill would establish the Officer as the statewide lead for planning and coordination of climate adaptation policy implementation in California. However, this creates some uncertainty in the roles of various Executive officers within the NRA and the CalEPA that have existing responsibilities in leading climate adaptation planning for the state. Furthermore, since the position of the Officer would not preside over a board or commission, the Governor has the authority to create and define the position without legislation.

This bill would require the Officer to develop guidance documents for the integration of adaptation and resiliency into the Plan. The NRA already incorporates information on climate adaptation policies from a variety of agencies into the Plan. The language in this bill, which would require the documents created by the Officer to be included in the Plan, is inconsistent with the existing authority of the NRA in being the agency responsible for creating the Plan.

1. Suggested Amendments.
   1. The committee may wish to amend Section 71353 (a) (1) to clarify that the NRA may incorporate, but is not required to include, the guidance documents developed by the Officer.
   2. The committee may wish to amend Section 71353 (a) (5) to require the NRA to be consulted as part of the identification efforts of vulnerable communities. The NRA has already done substantial work on this issue through the Adaptation Planning Guide, which presents the basis for climate change adaptation planning and introduces a step-by-step process for local and regional climate vulnerability assessment and adaptation strategy development.
2. Related and previous legislation.
   1. AB 839 (Mullin) requires, on or before July 1, 2021, the Secretary of the Natural Resources Agency (NRA) to review the Safeguarding California Plan (Plan) and develop a strategic resiliency framework (framework). Establishes the Adaptation through Resiliency, Economic Vitality, and Equity Account (AREVEA) to allocate money to provide financial assistance in the form of grants and financing for climate adaptation projects that achieve the recommendations and actions called for in the framework. This bill is awaiting hearing in the Senate Natural Resources and Water Committee.
   2. SB 262 (Wieckowski, 2017) would have created the California Council for Adaptation and Resiliency (CCAR) within the Office of Planning and Research (OPR) to oversee the Integrated Climate Adaptation and Resiliency Program (ICARP), require staggered four-year terms for council members, and specify the duties of the CCAR. SB 262 died in the Assembly Appropriations Committee.
   3. AB 2800 (Quirk), Chapter 580, Statutes of 2015, requires the state agencies to take the current and future impacts of climate change into consideration when planning, designing, building, operating, maintaining, and investing in state infrastructure. The bill required the NRA to establish a Climate-Safe Infrastructure Working Group to examine how best to integrate scientific data concerning projected climate change impacts into state infrastructure engineering.

REGISTERED SUPPORT / OPPOSITION:

Support

City of San Jose

Climate Resolve

Midpeninsula Regional Open Space District

Mosquito and Vector Control Association of California

Northern California Power Agency

Ocean Conservancy

Sierra Club California

Southern California Edison

U.S. Green Building Council

Union of Concerned Scientists

Opposition

None on file

Analysis Prepared by: Achintya Madduri / NAT. RES. /

 THIRD READING  

Bill No: SB 168

Author: Wieckowski (D), et al.

Amended: 5/17/19

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 3/20/19

AYES: Allen, Hill, Skinner, Stern, Wieckowski

NOES: Bates, Stone

SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/9/19

AYES: Stern, Allen, Caballero, Hertzberg, Hueso, Jackson, Monning

NOES: Jones, Borgeas

SENATE APPROPRIATIONS COMMITTEE: 4-2, 5/16/19

AYES: Portantino, Bradford, Hill, Wieckowski

NOES: Bates, Jones

SUBJECT: Climate change: Chief Officer of Climate Adaptation and Resilience

SOURCE: Author

DIGEST:

This bill establishes the Chief Climate Resilience Officer in the Governor’s Office of Planning and Research (OPR) (1) to be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation, and (2) with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California with duties, as specified.

ANALYSIS:

Existing law:

1. Establishes the Strategic Growth Council (SGC). (Public Resources Code (PRC) §75121)
   
2. Requires OPR to serve the Governor and Cabinet as staff for long-range planning and research, constituting the comprehensive state planning agency, with a focus on factors influencing the quality of the state’s environment. (Government Code (GOV) §65040)
   
3. Requires the Director of OPR to coordinate regional and local efforts with state climate adaptation strategies with, to the extent feasible, an emphasis on climate equity and strategies that benefit both Greenhouse Gas emissions reductions and adaptation efforts. (PRC §71354). Requires the Program to include:
   
   1. Working with and coordinating local and regional adaptation efforts, including developing tools and guidance, promoting and coordinating state agency support, and informing state-led programs, planning processes, grant programs, and guidelines development through regular coordination among state agencies, the Climate Action Team established by Executive Order S-3-05, and the SGC.
      
   2. Assisting the Office of Emergency Services and other relevant agencies with coordinating regular reviews and updates to the Adaptation Planning Guide.
      
   3. Coordinating and maintaining the state’s clearinghouse for climate adaptation information.
      
   4. Conducting regular meetings with the advisory council as established.
      
4. Establishes an advisory council to support OPR by providing scientific and technical support and to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. (PRC §71358)
   

This bill:

1. Makes findings and declarations.
   
2. Establishes the Chief Climate Resilience Officer in OPR (1) to be appointed by, and serve at the pleasure of, the Governor, subject to Senate confirmation, and (2) with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California with duties, as specified.
   
3. Specifies that the Chief Climate Resilience Officer, or their designee, shall serve on the advisory council established pursuant to HSC §71358.
   
4. Adds “procurement” and “innovative finance and life-cycle asset management” to the list of qualifications in which the members of the advisory council shall have expertise.
   
5. Specifies that the Chief Climate Resilience Officer, or their designee, shall serve as chair of the advisory council.
   
6. Specifies that, except for the Chief Climate Resilience Officer, or their designee, members of the advisory council shall serve staggered terms of four years.
   
7. Specifies that during the first meeting of the advisory council taking place on or after January 1, 2020, one-half of the members of the advisory council shall be chosen by lot to serve a two-year term.

Background

1. Office of Planning and Research (OPR). OPR serves the governor and the administration as staff for long-range planning, research, policy development and legislative analysis. The office formulates plans regarding land use, climate change, urban expansion, infrastructure development and resource protection while acting as a liaison to local governments, small businesses, and the military.
   
2. SB 246 (Wieckowski, Chapter 606, Statutes of 2015). Senator Wieckowski authored SB 246, which established a framework for adaptation coordination among state agencies by creating the Integrated Climate Adaptation and Resiliency Program within OPR to bring together state, regional, and local entities. The bill also created a clearinghouse of information and tools to help stakeholders efficiently address adaptation.
   
   Additionally, SB 246 formed an advisory council to provide scientific and technical expertise, and regional and local perspectives, to assist state agencies. The advisory council consists of 17 non state-affiliated and five agency-affiliated scientific and technical experts.

Comments

1. Purpose of Bill. According to the author, “SB 168 takes an important next step in building a resilient California by establishing the Chief Climate Resilience Officer (Chief Officer) at the Office of Planning and Research (OPR). The Chief Officer will chair the Technical Advisory Council created by SB 246 (Wieckowski, Chapter 606, Statutes of 2015).”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, the OPR estimates that this bill would result in the following General Fund costs each year to establish the Chief Climate Resiliency Officer:

• $250,000 for the Officer, which includes salary, benefits, travel and administrative expenses;
• One position for administrative support to the Officer at a cost of approximately $74,000; and
• $25,000 to support the Adaptation Clearinghouse which the OPR expects will need to be expanded to accommodate the increased need related to the expanded role of the Integrated Climate Adaptation and Resiliency Program.

SUPPORT: (Verified 5/17/19)

City of San Jose

Climate Resolve

Midpeninsula Regional Open Space District

Mosquito & Vector Control Association of California

Northern California Power Association

Ocean Conservancy

Sierra Club California

Southern California Association of Governments

Southern California Edison

U.S. Green Building Council

Union of Concerned Scientists

OPPOSITION: (Verified 5/17/19)

None received

Prepared by: David Ernest García / E.Q. / (916) 651-4108

5/20/19 10:46:00

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 168 (Wieckowski) - Climate change: Chief Climate Resilience Officer

Bill Summary:

This bill establishes the Chief Climate Resiliency Officer in the Office of Planning and Research (OPR), who would be appointed by the Governor and lead the planning and coordination of climate adaptation policy implementation across the state.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2019

Fiscal Impact:

The OPR estimates that this bill would result in the following General Fund costs each year to establish the Chief Climate Resiliency Officer:

• $250,000 for the Officer, which includes salary, benefits, travel and administrative expenses;
• One position for administrative support to the Officer at a cost of approximately $74,000; and
• $25,000 to support the Adaptation Clearinghouse which the OPR expects will need to be expanded to accommodate the increased need related to the expanded role of the Integrated Climate Adaptation and Resiliency Program.

Committee Amendments:

Require Senate confirmation for the new Chief Climate Resiliency Officer.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 168 (Wieckowski) - Climate change: Chief Climate Resilience Officer

Bill Summary:

This bill establishes the Chief Climate Resiliency Officer in the Office of Planning and Research (OPR), who would be appointed by the Governor and lead the planning and coordination of climate adaptation policy implementation across the state.

Fiscal Impact:

The OPR estimates that this bill would result in the following General Fund costs each year to establish the Chief Climate Resiliency Officer:

• $250,000 for the Officer, which includes salary, benefits, travel and administrative expenses;
• One position for administrative support to the Officer at a cost of approximately $74,000; and
• $25,000 to support the Adaptation Clearinghouse which the OPR expects will need to be expanded to accommodate the increased need related to the expanded role of the Integrated Climate Adaptation and Resiliency Program.

Background:

Existing law establishes the OPR to serve the Governor for long-range planning and research and as the comprehensive state planning agency. OPR is responsible for the State Environmental Goals and Policy Report (EGPR) that is required to be updated every four years (the most recent update was in 2015 and focused on how to meet long-term goals as the climate changes). According to OPR, the EGPR includes goals and objectives that address land use, population growth and distribution, and conservation of natural resources, among other things, as well as a discussion of programs and policies required to implement the state’s environmental goals. The EGPR helps to guide land use decisions.

Existing law establishes the Integrated Climate Adaptation and Resiliency Program (Program) to be administered by OPR to coordinate regional and local efforts with state climate adaptation strategies with an emphasis on climate equity and strategies that both reduce greenhouse gas emissions and assist adaptation efforts. The Program has two components: the State Adaptation Clearinghouse (clearinghouse) and the Technical Advisory Council (advisory council). The clearinghouse is a centralized source of information and resources to assist decision makers at the state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency across California. The advisory council, as specified, provides advice to support the goals of OPR related to climate change.

Existing law establishes the Strategic Growth Council (Council) with specified membership. The Council’s duties include the identification and review of activities and funding programs of state agencies that can be coordinated to limit pollution, meet the state’s greenhouse gas emissions reduction goals, and the strategies and priorities developed in the state’s climate adaptation strategy (i.e. the Safeguarding California plan), among other requirements.

Proposed Law:

This bill establishes the Chief Climate Resiliency Officer (Chief Officer) in OPR, who would be appointed by and serve at the pleasure of the Governor. The bill specifies that Chief Officer would the designated lead for the planning and coordination of climate adaptation policy implementation across the state. Duties include:

• The development of guidance documents for the integration of adaptation and resiliency into state and local plans, as specified.
• Coordination with the Natural Resources Agency and the California Energy Commission on climate change assessment.
• The development and tracking of metrics to measure the efficacy of adaptation and resiliency at the state level.
• The development and implementation of partnership strategies between all the levels of the public and private sectors, as applicable.

This bill adds the Chief Officer (or designee) to the Program’s advisory council, and designates the Chief Officer or designee as the chair. It also provides for staggered 4 year terms on the advisory council with a specified rollout.

This bill add procurement, and innovative finance and life-cycle asset management to the list of expertise members of the advisory council shall exhibit.

Related Legislation:

SB 262 (Wieckowski, 2017) would have established the California Council for Adaptation and Resiliency with specified duties to lead the state’s adaptation and resiliency efforts. This bill was held on the Suspense file in the Assembly Appropriations Committee.

AB 2800 (Quirk, Chapter 580, Statutes of 2016) established the Climate-Safe Infrastructure Working Group to examine how to integrate scientific data concerning climate change impacts into the state’s infrastructure engineering.

SB 246 (Wieckowski, Chapter 606, Statutes of 2015) established the Integrated Climate Adaptation and Resiliency Program, among other things.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Henry Stern, Chair

2019 - 2020 Regular

Bill No: SB 168 Hearing Date: April 9, 2019

Subject: Climate change: Chief Climate Resilience Officer

BACKGROUND AND EXISTING LAW

After the California Global Warming Solutions Act of 2006 (AB 32 (Pavley/Nunes, Chapter 249, Statutes of 2006)) became law, California developed and implemented numerous programs and policies to address climate change through reductions in greenhouse gas and related emissions. Similarly, the state is a recognized leader in developing programs and policies to adapt to the now-inevitable impacts of anthropogenic climate change and promote climate adaptation and resiliency statewide.

Existing law:

1. Establishes the California Natural Resources Agency (CNRA) as the agency-level lead on the state’s climate adaptation policy and natural resources climate policy. The CNRA regularly updates the state’s strategy and planning guide for adaptation (i.e. the Safeguarding California plan and the Adaptation Planning Guide).
2. Establishes the Office of Planning and Research (OPR) to serve the Governor for long-range planning and research and as the comprehensive state planning agency (Government Code §65040).
   1. OPR is responsible for the State Environmental Goals and Policy Report (EGPR) that is required to be updated every four years (the most recent update was in 2015 and focused on how to meet long-term goals as the climate changes). According to OPR, the EGPR includes goals and objectives that address land use, population growth and distribution, and conservation of natural resources, among other things, as well as a discussion of programs and policies required to implement the state’s environmental goals. The EGPR helps to guide land use decisions.
3. Establishes the Integrated Climate Adaptation and Resiliency Program (Program) to be administered by OPR to coordinate regional and local efforts with state climate adaptation strategies with an emphasis on climate equity and strategies that both reduce greenhouse gas emissions and assist adaptation efforts, as specified (Public Resources Code (PRC) §71354).
   1. The Program has two components: the State Adaptation Clearinghouse (clearinghouse) and the Technical Advisory Council (advisory council). The clearinghouse is a centralized source of information and resources to assist decision makers at the state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency across California. The advisory council, as specified, provides advice to support the goals of OPR related to climate change (PRC §71358).
4. Establishes the Strategic Growth Council (Council) with specified membership.
   1. The Council’s duties include the identification and review of activities and funding programs of state agencies that can be coordinated to limit pollution, meet the state’s greenhouse gas emissions reduction goals, and the strategies and priorities developed in the state’s climate adaptation strategy (i.e. the Safeguarding California plan), among other requirements.
5. Directs state agencies to maximize certain objectives, as specified, in order to address climate change.

PROPOSED LAW

This bill would:

1. Establish the Chief Climate Resiliency Officer (Chief Officer) in OPR. The Chief Officer is appointed by and serves at the pleasure of the Governor.
   1. The Chief Officer is the designated lead for the planning and coordination of climate adaptation policy implementation across the state.
   2. The Chief Officer’s duties include:
      1. The development of guidance documents for the integration of adaptation and resiliency into state and local plans, as specified.
      2. Coordination with the Natural Resources Agency and the California Energy Commission on climate change assessment.
      3. The development and tracking of metrics to measure the efficacy of adaptation and resiliency at the state level.
      4. The development and implementation of partnership strategies between all the levels of the public and private sectors, as applicable.
      5. In consultation with the Office of Environmental Health Hazard Assessment, the identification of vulnerable communities and regions; the development, as specified, of tools to assess and address these vulnerabilities; and the provision of guidance to local, regional and state agencies on implementation of these tools, as applicable.
      6. The determination of whether entities covered by the EGPR comply with it, and provide public recommendations to achieve compliance, as specified.
      7. The development of recommendations for the Council on how to improve the ability of state employees to work on climate adaptation across existing agency and department boundaries.
      8. The development of recommendations with public and private entitie’s on the prevention of and recovery from natural disasters.
   3. Require the Chief Officer to perform these duties in consultation with the Program’s advisory council.
2. Add the Chief Officer (or designee) to the Program’s advisory council, and designate the Chief Officer or designee as the chair.
3. Provide for staggered 4 year terms on the advisory council with a specified rollout.
4. Add procurement, and innovative finance and life-cycle asset management to the list of expertise members of the advisory council shall exhibit.
5. Make appropriate and relevant legislative findings, and select technical and clarifying changes to existing law.

ARGUMENTS IN SUPPORT

According to the author, “[w]e need a well-coordinated strategy based on the latest science to enable our state to be resilient enough to meet these and other incredible challenges. In 2015, I authored SB 246, which addressed the lack of comprehensive and coordinated climate adaptation planning between state, regional, and local entities in California. This bill, SB 168, takes the next step in this process. It creates a Chief [Climate Resiliency] Officer within the Office of Planning and Research. The chief officer would be the statewide lead to manage this effort on adaptation.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Double-referral. This bill was previously heard and passed by the Senate Committee on Environmental Quality. Aspects of this bill under that Committee’s jurisdiction are included here for completeness and context.

The climate Tsar or Climate Czar? In a recent op-ed, the author argues that there is a need for a “more unified approach to adaptation from the state government” and cites the 2014 Little Hoover Commission report (“Governing California Through Climate Change”) that called for the state to make a concentrated push for climate change adaptation similar to the one made for greenhouse gas emissions reductions. The 2014 report further emphasized the need to support local governments and others in their decision-making through, for example, developing and making available the best science in a useful form for planning efforts. The creation of the Program, and other efforts – including by the author – have responded to many of the issues raised in the 2014 report. The question before this Committee is whether or not creating the job of Chief Officer, as specified, would help to improve coordination and avoid duplication of effort between all of the entities involved in climate adaptation and resiliency work statewide. Currently, the OPR Resiliency Program Manager leads both the clearinghouse and the advisory council. While not specified in the bill, the proposed Chief Officer appears to have a broader range of explicitly required duties and a higher profile position: both may help coordination efforts.

Fiscal impacts affect resiliency. The Legislative Analyst’s Office (LAO) in its recent presentation to this Committee titled “Climate Change and State Bonds” noted the significant uncertainty associated with estimates of the fiscal impacts of climate change to the public and private sectors. According to the LAO, “no comprehensive statewide assessment of future costs to the state or local governments has been completed.” Disaster response and recovery, annual operating expenses and infrastructure modification and replacement are three identifiable areas where total costs may readily run into the tens of billions or hundreds of billions over the coming decades. Improved estimates of the overall costs will usefully help to shape the planning efforts and our collective ability to respond. Therefore the Committee may wish to add language addressing costs to the Chief Officer’s responsibilities. [Amendment 1]

There are multiple senior level Administration staff whose work focuses on climate. At the CNRA Executive level, there are both a Deputy Secretary of Energy and Climate, and an Assistant Secretary of Natural Resources Climate Issues. At the California Environmental Protection Agency Executive level there are both a Deputy Secretary for Climate Policy and a Manager of the Climate Program. There are additional high level sub-agency staff with responsibilities to climate adaptation and resiliency. One of the proposed Chief Officer’s roles is to provide coordination among the state entities, and help to facilitate and disseminate information appropriately to regional and local entities.

Expand the advisory council further? The Southern California Association of Governments (SCAG) in its letter of support asks for an amendment to increase representation on the advisory council by splitting the local/regional government representative into a local and a regional government representative. SCAG argues that requiring that one of these be a Metropolitan Planning Organization (MPO) makes sense because MPOs, like SCAG, are charged with developing the Sustainable Community Strategies. The LAO noted in a recent presentation to an Assembly Budget sub-committee that most planning and response responsibilities related to climate change are at the local level.

Recent relevant legislation

SB 262 (Wieckowski, 2017) would have established the California Council for Adaptation and Resiliency with specified duties to lead the state’s adaptation and resiliency efforts. This bill was held on the suspense list by the Assembly Committee on Appropriations.

AB 2800 (Quirk, Chapter 580, Statutes of 2016) established the Climate-Safe Infrastructure Working Group to examine how to integrate scientific data concerning climate change impacts into the state’s infrastructure engineering.

SB 246 (Wieckowski, Chapter 606, Statutes of 2015) established the Integrated Climate Adaptation and Resiliency Program, among other things.

SUGGESTED AMENDMENTS

AMENDMENT 1

On page 3, line 7, after the period add “This guidance shall incorporate projected economic and fiscal impacts, as applicable.”

SUPPORT

City of San Jose

Climate Resolve

Northern California Power Association

Ocean Conservancy

Sierra Club California

Southern California Association of Governments

Southern California Edison

Union of Concerned Scientists

OPPOSITION

None Received

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SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2019 - 2020 Regular

Bill No: SB 168

SUBJECT: Climate change: Chief Officer of Climate Adaptation and Resilience

DIGEST: Establishes the Chief Officer of Climate Adaptation and Resilience in the Governor’s Office of Planning and Research (OPR) (1) to be appointed by, and serve at the pleasure of, the Governor, and (2) with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California with duties, as specified.

ANALYSIS:

Existing law:

1. Establishes the Strategic Growth Council (SGC). (Public Resources Code (PRC) §75121)
   
2. Requires the Office of Planning and Research (OPR) to serve the Governor and Cabinet as staff for long-range planning and research, constituting the comprehensive state planning agency, with a focus on factors influencing the quality of the state’s environment. (Government Code (GOV) §65040)
   
3. Requires the Director of OPR to coordinate regional and local efforts with state climate adaptation strategies with, to the extent feasible, an emphasis on climate equity and strategies that benefit both Greenhouse Gas (GHG) emissions reductions and adaptation efforts. (PRC §71354). Requires the Program to include:
   
   1. Working with and coordinating local and regional adaptation efforts, including developing tools and guidance, promoting and coordinating state agency support, and informing state-led programs, planning processes, grant programs, and guidelines development through regular coordination among state agencies, the Climate Action Team (CAT) established by Executive Order S-3-05, and the SGC.
      
   2. Assisting the Office of Emergency Services (OES) and other relevant agencies with coordinating regular reviews and updates to the Adaptation Planning Guide (APG).
      
   3. Coordinating and maintaining the state’s clearinghouse for climate adaptation information.
      
   4. Conducting regular meetings with the advisory council as established.
      
4. Establishes an advisory council to support OPR by providing scientific and technical support and to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. (PRC §71358)
   

This bill:

1. Makes findings and declarations.
   
2. Establishes the Chief Officer of Climate Adaptation and Resilience in the Governor’s Office of Planning and Research (OPR) (1) to be appointed by, and serve at the pleasure of, the Governor, and (2) with the responsibility to serve as the statewide lead for the planning and coordination of climate adaptation policy implementation in California with duties, as specified.
   
3. Specifies that the Chief Officer of Climate Adaptation and Resilience, or the chief officer’s designee, shall serve on the advisory council established pursuant to HSC §71358.
   
4. Adds “procurement” and “innovative finance and life-cycle asset management” to the list of qualifications in which the members of the advisory council shall have expertise.
   
5. Specifies that the Chief Officer of Climate Adaptation and Resilience, or the chief officer’s designee, shall serve as chair of the advisory council.
   
6. Specifies that, except for the Chief Officer of Climate Adaptation and Resilience, or the chief officer’s designee, members of the advisory council shall serve staggered terms of four years.
   
7. Specifies that during the first meeting of the advisory council taking place on or after January 1, 2020, one-half of the members of the advisory council shall be chosen by lot to serve a two-year term.
   

Background

1. Office of Planning and Research (OPR). OPR serves the governor and the administration as staff for long-range planning, research, policy development and legislative analysis. The office formulates plans regarding land use, climate change, urban expansion, infrastructure development and resource protection while acting as a liaison to local governments, small businesses, and the military.
   
2. SB 246 (Wieckowski, Chapter 606, Statutes of 2015). Senator Wieckowski authored SB 246, which established a framework for adaptation coordination among state agencies by creating the Integrated Climate Adaptation and Resiliency Program within OPR to bring together state, regional, and local entities. The bill also created a clearinghouse of information and tools to help stakeholders efficiently address adaptation.
   
   Additionally, SB 246 formed an advisory council to provide scientific and technical expertise, and regional and local perspectives, to assist state agencies. The advisory council consists of 17 non state-affiliated and five agency-affiliated scientific and technical experts.

Comments

1. Purpose of Bill. According to the author, “SB 168 takes an important next step in building a resilient California by establishing the Chief Officer of Climate Adaptation and Resilience (Chief Officer) at the Office of Planning and Research (OPR). The Chief Officer will chair the Technical Advisory Council created by SB 246 (Wieckowski, Chapter 606, Statutes of 2015).”
   
2. A state climate change czar. In terms of policy and structure, the Chief Officer of Climate Adaptation and Resilience proposed by SB 168 is similar to the concept of a czar. In the case of the Chief Officer of Climate Adaptation and Resilience, the Chief Officer will be the statewide lead for a broad policy area (i.e., the planning and coordination of climate adaptation policy implementation in California). The advantages of this position include the ability to go outside of formal channels and find creative solutions for problems, involve numerous government players in big issue decision-making, and get bureaucracy moving (problems can sometimes occur when getting a large number of parties to work together, especially with regard to managing competing power centers).
   
3. Author’s amendments. The author has indicated he would like to propose the following amendments in response to suggestions by stakeholders:
   
   1. What’s in a name? To be more consistent with naming conventions at municipal and corporate levels, the author would like to change the name of the Chief Officer of Climate Adaptation and Resilience to the “Chief Climate Resilience Officer.”
      
   2. Clarifying amendment. The author would like to amend paragraph (8) of subdivision (a) in section 2 of the bill to read: Develop, in coordination with relevant state and private entities, climate adaptation- and resiliency-focused recommendations for the prevention of, and recovery from from, natural disasters.
      

Related/Prior Legislation

SB 262 (Wieckowski, 2017) would have created the California Council for Adaptation and Resiliency (CCAR) within the Office of Planning and Research (OPR) to oversee the Integrated Climate Adaptation and Resiliency Program (ICARP), require staggered four-year terms for council members, and specify the duties of the CCAR. SB 262 died in the Assembly Appropriations Committee.

SB 246 (Wieckowski, Chapter 606, Statutes of 2015) established the Climate Advisory Council, with a range of experience, to support OPR by providing scientific and technical support and to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change.

DOUBLE REFERRAL:

If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Natural Resources and Water Committee.

SOURCE:

Author

SUPPORT:

Sierra Club California

Southern California Association of Governments

US Green Building Council

OPPOSITION: None on file

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