Climate Change And Climate Adaptation - Environmental Protection - CA Public Resources

Section § 71150

This law defines key terms for a specific part of environmental legislation. 'Agency' refers to the Natural Resources Agency, 'Council' means the Strategic Growth Council, and 'Office' is the Office of Planning and Research. The 'Plan' is the Safeguarding California Plan, and 'Vulnerable communities' refers to a definition found in another law, specifically Section 71340(d).

For purposes of this part, the following terms have the following meanings:

(a) “Agency” means the Natural Resources Agency.

(b) “Council” means the Strategic Growth Council.

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

(d) “Plan” means the Safeguarding California Plan.

(e) “Vulnerable communities” has the same meaning as provided in subdivision (d) of Section 71340.

Natural Resources Agency Strategic Growth Council Office of Planning and Research Safeguarding California Plan vulnerable communities environmental terms agency definitions plan definition vulnerable community reference Section 71340(d) legislative definitions

(Amended by Stats. 2022, Ch. 338, Sec. 3. (AB 1384) Effective January 1, 2023.)

Section § 71152

This law emphasizes that California's climate strategy should focus on protecting the state's most vulnerable communities, ecosystems, and economic sectors from climate change impacts like extreme weather and wildfires. State agencies are encouraged to accurately identify and prepare for these challenges, ensuring they have enough resources to respond effectively.

The law highlights the need for policies that address climate change impacts with a focus on fairness and equity. These policies should involve transparent and inclusive planning processes, prioritize resources for at-risk communities, and aim to reduce social and racial disparities.

(a) It is the intent of the Legislature to prioritize the most vulnerable communities, ecosystems, and economic sectors in the state’s climate adaptation and resilience strategy set forth in the Safeguarding California Plan by ensuring that all state departments and agencies accurately identify, collaboratively prepare for, and are sufficiently resourced to adequately respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea level rise, and drought.

(b) It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on equity and that actions taken to address climate adaptation should be consistent with the plan. In developing these policies and taking these actions, all of the following shall occur:

(1) The creation of planning processes that are transparent, fair, and inclusive in the development phases.

(2) The prioritization of resources and investments for vulnerable communities and populations.

(3) The adoption of strategies that seek to address and, at a minimum, avoid worsening social and racial inequities.

climate adaptation vulnerable communities climate resilience Safeguarding California Plan extreme weather events urban heat island effect habitat loss wildfire sea level rise drought equity in climate policy transparent planning social inequity racial disparities resource prioritization

(Amended by Stats. 2022, Ch. 338, Sec. 4. (AB 1384) Effective January 1, 2023.)

Section § 71153

This law requires the updating of California's climate adaptation strategy every three years, starting by July 1, 2024. The strategy must address climate change vulnerabilities in various sectors like water, energy, and public health, as well as vulnerabilities in specific communities. A clear definition of 'climate resilience' is necessary for creating effective plans and strategies. The updates will identify actions to reduce risks, offer protections for vulnerable communities, and seek to improve coordination between different levels of government. Timelines and metrics are set to evaluate progress.

Before finalizing the climate plan, public hearings are required in different regions to gather community feedback. The plan includes input from local agencies and utilizes recent climate science research. An annual report to the Legislature is required, detailing actions taken under the plan.

(a) By July 1, 2024, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with the office and other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following:

(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors:

(A) Water.

(B) Energy.

(C) Transportation.

(D) Public health.

(E) Agriculture.

(F) Emergency services.

(G) Forestry.

(H) Biodiversity and habitat.

(I) Ocean and coastal resources.

(J) Financial resources.

(2) Vulnerabilities to climate change for vulnerable communities, as identified by the office, through the Integrated Climate Adaptation and Resilience Program.

(3) An operational definition of “climate resilience” for each sector and for vulnerable communities, as identified by the lead agency or group of agencies, so that total costs, funding plans, and other strategies to adequately prepare for disruptions, recover from shocks and stresses, and adapt and grow from various disruptions, especially in the most vulnerable communities, are analyzed and reported.

(4) Priority actions needed to reduce risks and achieve climate resilience in those sectors and vulnerable communities, as identified by the lead agency or group of agencies, with an emphasis on maximizing risk mitigation for the greatest number of people living in vulnerable communities.

(5) Special protections of vulnerable communities and industries that are disproportionately impacted by climate change.

(6) Opportunities to improve policy and budget coordination across jurisdictions, including federal and local jurisdictions.

(7) Timetables for near-term, medium-term, and long-term timescales, and specific metrics to measure and evaluate the state’s progress in implementing the plan, as identified by the agency or the office. Metrics to evaluate progress toward meeting the goals may be modeled for the years 2030, 2050, 2080, 2100, and beyond.

(b)

(1) By January 1, 2024, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California.

(2) In preparing the draft plan, the agency shall engage with local and regional entities, including local agencies and communities, to enhance policy and funding coordination and promote regional solutions and implementation.

(c) In identifying the vulnerabilities pursuant to paragraphs (1) and (2) of subdivision (a), each lead agency or group of agencies shall, at a minimum, be informed by the most recent California Climate Change Assessment, the climate science research programs administered by the council and the State Energy Resources Conservation and Development Commission, the Climate Change and Health Vulnerability Indicators for California as produced by the Climate Change and Health Equity Section of the State Department of Public Health, and other peer-reviewed climate science research relevant to California.

(d) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan.

climate adaptation strategy vulnerable communities climate resilience public health vulnerabilities water sector energy sector agriculture vulnerabilities biodiversity protection risk mitigation public hearings local agency coordination regional solutions climate science research California Climate Change Assessment annual legislative report

(Amended by Stats. 2022, Ch. 338, Sec. 5. (AB 1384) Effective January 1, 2023.)

Section § 71154

This law directs state agencies in California to focus on educating the public about climate change impacts and maintain a repository of scientific data to aid policy decisions. Agencies are encouraged to use natural infrastructure in planning and consider climate impacts in state investments. Collaboration on regional climate strategies and promoting water and drought resilience are emphasized, alongside creating sustainable urban environments. Protecting wildlife habitats and ensuring healthy soils and sustainable agriculture are also priorities. The law stresses the importance of equity by prioritizing vulnerable communities in climate adaptation efforts.

To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives:

(a) Educating the public about the consequences of climate change, such as sea level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts.

(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state.

(c)

(1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation.

(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that uses existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals.

(3) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, aquifers, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.

(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought.

(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions.

(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change.

(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change.

(i) Prioritizing equity by ensuring public expenditures that address climate change adaptation prioritize protecting vulnerable communities, rectifying intersectional and systemic inequities, and enhancing low-income and vulnerable communities’ abilities to weather the impacts of climate change.

climate change education scientific data repository natural infrastructure regional planning drought resilience urban greening wildlife protection sustainable agriculture emergency management energy reliability public health impact disadvantaged communities equity in climate adaptation greenhouse gas reduction sustainable water systems

(Amended by Stats. 2023, Ch. 51, Sec. 23. (SB 122) Effective July 10, 2023.)

Section § 71155

This law requires California state agencies to consider the impacts of climate change when planning and managing state infrastructure projects. It establishes the Climate-Safe Infrastructure Working Group, which is tasked with figuring out how to use climate science to influence infrastructure design and investment. The group includes engineers, scientists, and architects with relevant expertise. They will collaborate with other state climate efforts and build on existing climate assessments and plans.

The working group will investigate issues like barriers to integrating climate data in infrastructure, necessary information for engineers, and how to design for various future climate scenarios. Their activities depend on available resources.

(a) Consistent with this part, state agencies shall take into account the current and future impacts of climate change, including the economic damages and financial liabilities associated with those impacts, when planning, designing, building, operating, maintaining, and investing in state infrastructure.

(b)

(1) The Climate-Safe Infrastructure Working Group is established under the agency for the purpose of examining how to integrate scientific data concerning projected climate change impacts into state infrastructure engineering, including oversight, investment, design, and construction.

(2) The working group shall consist of the following:

(A) Professional engineers registered in accordance with Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code with relevant expertise in state infrastructure design from the Department of Transportation, the Department of Water Resources, the Department of General Services, and other relevant state agencies, as applicable.

(B) Scientists from the University of California, the California State University, and other institutions who have expertise in climate change projections and impacts across California.

(C) Licensed architects with relevant experience in state infrastructure design, as applicable.

(3) The two groups specified in subparagraphs (A) and (B) of paragraph (2) shall be equitably represented in the membership of the working group, to the extent reasonable and appropriate.

(4) The working group shall work in coordination with other state climate adaptation planning efforts and shall consider and build upon existing information produced by the state, including information from the most recent California Climate Change Assessment conducted pursuant to Executive Order S-3-05, the plan, the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code, and the State of California Sea-Level Rise Guidance Document completed pursuant to Executive Order S-13-08, among other resources.

(5) The working group shall work in coordination with other state agencies that advance sustainability in infrastructure, including the council and the Government Operations Agency.

(c) The working group shall consider and investigate, at a minimum, the following issues:

(1) The current informational and institutional barriers to integrating projected climate change impacts into state infrastructure design.

(2) The critical information that engineers responsible for infrastructure design and construction need to address climate change impacts.

(3) How to select an appropriate engineering design for a range of future climate scenarios as related to infrastructure planning and investment.

(d) The working group shall only convene and perform its functions to the extent resources are available to fund the support of the working group and its activities.

climate change impacts state infrastructure planning infrastructure engineering economic damages financial liabilities Climate-Safe Infrastructure Working Group engineers scientists architects climate adaptation California Climate Change Assessment Sea-Level Rise Guidance infrastructure sustainability engineering design institutional barriers

(Amended by Stats. 2020, Ch. 118, Sec. 1. (AB 2800) Effective January 1, 2021.)

Section § 71155.5

This law allows the Treasurer and financing authorities they lead to support state agencies by using both public and private investments. The goal is to help provide loans and other incentives to achieve certain objectives set by this law.

The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to this part.

Treasurer financing authorities public investment private investment capital investment state agencies loans incentives goals attainment financial assistance investment leveraging economic support public-private partnership financial programs state objectives

(Added by Stats. 2022, Ch. 338, Sec. 7. (AB 1384) Effective January 1, 2023.)

Section § 71160

This law focuses on improving how coastal adaptation projects using natural infrastructure are reviewed and permitted in California. By July 1, 2023, the agency must report to the Legislature with ideas to speed up coordination between agencies for these projects. The law defines coastal adaptation projects as those that use natural ecological systems to combat climate change effects, such as restoring ecosystems or using nature-inspired practices. It highlights strategies like dune restoration and hybrid structures for shoreline protection that offer ecological benefits. The reporting requirement ends in 2027, and the report must follow specific government submission rules.

(a) The agency shall explore and may implement options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.

(b)

(1) By July 1, 2023, the agency shall report to the Legislature on suggestions and recommendations for improving and expediting the coordination between appropriate agencies in their regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.

(2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2027, pursuant to Section 10231.5 of the Government Code.

(3) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(c)

(1) For purposes of this section, “coastal adaptation projects that use natural infrastructure” means development, as defined in Section 30106, that relies on natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(2) Coastal adaptation projects that use natural infrastructure may also include, but are not limited to, both of the following:

(A) Soft strategies that avoid fixing the shoreline with hard structures and instead rely on the use of dynamic systems to attenuate coastal hazards, such as dune or wetland restoration.

(B) Hybrid armoring that combines fixing the shoreline to some limited extent, such as with a buried revetment or other shoreline protective device, with a nature-based feature to provide ecological benefits.

coastal adaptation natural infrastructure regulatory review permitting process climate change mitigation ecosystem restoration dune restoration wetland restoration hybrid armoring nature-based solutions ecological benefits shoreline protection adaptive capacity permeable pavements bioswales

(Added by Stats. 2021, Ch. 369, Sec. 2. (AB 72) Effective January 1, 2022.)

Environmental Protection

Part 3.7Climate Change and Climate Adaptation

Section § 71150

Section § 71152

Section § 71153

Section § 71154

Section § 71155

Section § 71155.5

Section § 71160

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