HomeMy WebLinkAboutConsider Positions on Legislation Pending Before the State a (7) n/ JAa/ 1�2,4 LA�wv 2i
APPROVED 31-0
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City of Huntington Beach /9ri/Z) AD°PrRRZAO.
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File #: 21-634 MEETING DATE: 9/7/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Consider positions on legislation pending before the State and Federal Legislature, as
recommended by the Intergovernmental Relations Committee (IRC): adopt Resolution No.
2021-49
Statement of Issue:
On August 18. 2021 . the Intergovernmental Relations Committee (IRC), comprised of Mayor Kim
Carr
and Mayor Pro Tern Barbara Delgleize (with Council Member Mike Posey absent) discussed local,
State and Federal issues with relevance to Huntington Beach. Following discussion, the IRC chose to
take positions on certain proposed legislation, which are presented to the City Council for further
Consideration.
Financial Impact:
Not applicable
Recommended Action:
A) Approve a City position of Oppose Unless Amended on Senate Bill 1 (Atkins) - Environmental,
Public Health, and Workers Defense Act of 2019; and,
B) Adopt Resolution No. 2021-49, "A Resolution of the City Council of the City of Huntington Beach
(1) Announcing its Commitment to End Child Marriage by Calling for an "18 No Exceptions Law"; and
(2) Authorizing the City Manager and Authorized City Personnel to Publish on the City's Website and
Social Media Platforms Necessary Information Pertaining to Ending Child Marriage."
Alternative Action(s):
Do not approve one or more recommended actions and direct staff accordingly.
Analysis:
On August 18, 2021, the IRC met to review and discuss local, state and federal issues, with
relevance to Huntington Beach. The following is an analysis of the issues that the Committee chose
to take positions on and are presenting to the City Council for approval:
City of Huntington Beach Page 1 of 3 Printed on 9A12021
_,-e20 ,_s,� :,
File #: 21-634 MEETING DATE: 9/7/2021
1. OPPOSE UNLESS AMENDED - SB 1 (Atkins) - Environmental, Public Health, and
Workers Defense Act of 2019 This bill requires state and regional agencies to identify,
assess, and, to the extent feasible and consistent with their statutory authorities, minimize and
mitigate the impacts of sea level rise. It also requires the California Coastal Commission
(CCC) to adopt, after a public hearing, procedures related to Local Coastal Programs (LCPs)
that provide recommendations and guidelines to incorporate new information as it becomes
available, for the identification, assessment, minimization, and mitigation of sea level rise.
Additional funding may be available for existing environmental justice programs focused on
disadvantaged communities. While the IRC commends SB 1's proactive efforts to mitigate sea
level rise along California's cost, there is concern over an existing CCC position that publicly
owned and maintained flood protection devices - including those owned and maintained by the
OC Flood Control District - cannot be relied upon by projects and planning documents to
mitigate and assess risks from future sea level rise. Considering many of these facilities
provide flood protection for thousands of homes. businesses, and critical infrastructure
projects, the IRC is opposed unless an amendment to SB 1 is made providing clarity on this
existing CCC position. Maintaining this position may preclude large areas within the coast
zone from planning efforts that may include priority housing goals of statewide importance and
other issues.
2. SUPPORT/ADOPT - Resolution No. 2021-49 "Commitment to End Child Marriage by
Calling for an "18 No Exceptions Law" Many states, including California, allow for marriage
under the age of 18, with parental and/or judicial consent. These exceptions have allowed for
vulnerable children to be married into legal contracts that take away their rights to sovereignty
and make children vulnerable to abusive marriages. On September 14, 2019, Global Hope
365 - a local non-profit based in Tustin, CA - announced the start of the California Coalition to
End Child Marriage at the Human Trafficking and Child Marriage Forum. During that meeting,
over 100 elected officials and community leaders from Orange County jurisdictions and
agencies committed to implementing policies that call for the end of child marriage. Since
then, several Orange County cities including Costa Mesa, Irvine, and Newport Beach have
adopted resolutions in support of raising the minimum marrying age in the state of California to
eighteen. The IRC recommends passing a Resolution in support of ending Child Marriage,
based on, and adapted from the sample resolution provided by California Coalition to End
Child Marriage. The adoption of the Resolution adopts the recitals in the Resolution and states
the following actions: 1. The City Council hereby calls on the California State Legislature to
introduce and pass legislation to "End Child Marriage Under 18, No Exceptions"; and 2. The
City Council hereby calls upon other California municipalities to consider adopting resolutions
showing their commitment to end Child Marriage; and 3. The City Council hereby authorizes
the City Manager and authorized city staff to announce notice of the City Council's adoption of
this Resolution on the City's social media platforms.
Environmental Status:
Not applicable.
Strategic Plan Goal:
City of Huntington Beach Page 2 of 3 Printed on 9/1/2021
oo ere72�,Legistar'u
File #: 21-634 MEETING DATE: 9/7/2021
Non Applicable - Administrative Item
Attachmenjs
1 . SB 1 (Atkins) - Environmental, Public Health, and Workers Defense Act of 2019
2. Resolution No. 2021-49 "Commitment to End Child Marriage by Calling for an "18 No
Exceptions Law"
City of Huntington Beach Page 3 of 3 Printed on 9/1/2021
aowere122-Leoistar'"
RESOLUTION NO. 2021-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
(1) ANNOUNCING ITS COMMITMENT TO END CHILD MARRIAGE BY CALLING
FOR AN "18 NO EXCEPTIONS" LAW; AND (2) AUTHORIZING THE CITY
MANAGER AND AUTHORIZED CITY PERSONNEL TO PUBLISH ON THE CITY'S
WEBSITE AND SOCIAL MEDIA PLATFORMS NECESSARY INFORMATION
PERTAINING TO ENDING CHILD MARRIAGE.
WHEREAS. each year minors are coerced and forced into marriages in cities across the
United States.
WHEREAS, marriage license records from a sample of state health departments across
the county reveal that, in a 1 5-year period between 2000 and 2015, well more than 200,000
minors were married in the United States, mostly girls married to adult men.t
WHEREAS; Child Marriage, a formal marriage or informal union where one or both
parties is under the age of 182, is defined as a human rights abuse by the Department of State';
UNICEF°and Human Rights Watch.'
WHEREAS. as a member of the United Nations, the United States adopted the
United Nations' 2030 Agenda for Sustainable Development including a commitment to achieving
the Sustainable Development goals, including Goal 5 to "Achieve gender equality and empower
all women and girls," and specifically target 5.3: "Eliminate all harmful practices, such as child,
early and forced marriage and female genital Mutilation.6
WHEREAS, the American Medical Association has called for an end to Child N'larriage
stating "Child marriage is associated with higher rates of sexually transmitted infections, early
pregnancies, divorce, and intimate partner violence than women married at age 21.iO
WHEREAS, the detrimental effects of Child Marriage are many, including but not limited to,
an adverse effect on the child's health, education, and employment opportunities as proven by UN
Women,and the World Bank.9
http://apps frontline orechild-marriage-bv-the-numbers/
z https7//2009-2017.state.gov/dociiiiients/organization/25,190,1.pdf, p.5
Id.
haps//%vww unicef orWi)rotection/child-marriage;see also, https7//www.unisef org/progection/unfpa-unicef-
log bal-programme-end-child-marriage
hhUs7//svww lmv org/news/o019/03/27 us-massachusetts-should-end-child-marriage-0; see also,
hops//www hnv ore/sites/default/files/childmarriage.pd
6 https7//sustainabledevelopment.un.org/sdg5
'American medical Association Resolution 011, https://www.ama-assn.org/system/files/2019-10-i 1901 l.pdf
e hops/ wwNv umwomen org/enhtews/stories/2013/3 child-marriages-3900-every-day-more-than-140-million-airls-
will-marry-between-201 I-and-2020
hup//documents worldbank org/curated/en/530891498511398503/pdf/I 16829-WP-P151842-PUBLIC-EICbI-
G lobal-Con ference-Edition-1 une-27.pdf
21-10230/265393
RESOLUTION NO. 2021-49
WhIEREAS, minors in unwanted or abusive marriages suffer social isolation from their
support networks like school, friends and family, which contributes to their poor mental health.10
WHEREAS, young women and girls ages 16-19 face intimate partner violence victimization
rates almost three times the national average.]I
WHEREAS, the majority (70%-80%) of Child Marriages end in divorce.12
WHEREAS, minors who marry early are more likely to "discontinue their formal educations
prematurely, earn low wages, and live in poverty.i13 Girls who marry early are fifty percent more
likely to drop out of high school and four times less likely to graduate from college.1A
WHEREAS, a minor's understanding of their legal rights and access to practical resources to
avoid or abandon an unwanted or abusive marriage are far more limited than adult men and women
may have.
WHEREAS, in the state of Califomia, there is no minimum age to marry and no
restrictions on the age differences between the two parties (e.g., between adult men and minor
girls).
WHEREAS, in the state of California, limited reporting on Child Marriage statistics from
the majority of counties has hampered the state's ability to track the prevalence of Child
\Marriage.
WHEREAS, Child Marriage in the United States is not confined to any religious or
cultural group. American children of all backgrounds are at risk in California cities because the
law permits marriage before the age of majority.
WHEREAS, the overwhelming evidence of adverse effects on the minor's wellbeing and
the remaining risk of abusive relationships with older men calls for an "End Child Marriage
Under 13 No Exceptions" law.
WHEREAS, the states of Delaware, Minnesota, Pennsylvania, and New Jersey already
passed laws ending Child Marriage for all minors, without exception.
WHEREAS. the City of Huntington Beach has determined that it is a moral imperative
and undeniably in the best public interest of the City to protect all minors from Child Marriage.
10 https'//N ww tahirih ore/\vp-content/uptloads/2020/05/Child-Marriaee-Impacts-One-Pager-updated-�
http://www.lovisrespect org/pdf/Dative Abuse Statistics.pddf(citing Department of Justice, Bureau of Justice and
Statistics, Intimate Partner Violence in the United States, 1993-2004. Dec.2006).
12 https// vv% %% tahirih orp/wp content/uploads/')0')/OS/Child-Marria-c-Impacts-One-Pager-updated-5.8.-2-2--
REGULAR-PRI\T.pdf. (citing college of William &Mary Law School Professor Vivian e. Hamilton, in"The Age
of p-larual Capacity: Reconsidering Civil Recognition of.Adolescent Marriage" Boston University Law Review
(December 2012)92 B.U.L. Rev., 1520.)
t}College of William & Mary Law School Professor Vivian E. Hamilton, in"The Age of Marital Capacity;
Reconsidering Civil Recognition of Adolescent Marriage," Boston University Law Review(December 2012),92
B.U.I-. Rev., 1820.
"Gordon B. Dahl,"Early Teen Marriage and Future Poverty." Demography(August 2010: 47(3): 689-718), at 691,
n.2., https-//we,w.ncbi.tilin.nih.gov/l)nis/articies/Pt\,iC300006t/.
2 1-10 1&tr)65393
RESOLUTION NO. 2021-49
NOS', THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntington
Beach as follows:
l. The above recitals are hereby adopted by the City Council of the City of
Huntington Beach.
2. The City Council hereby calls on the California State Legislature (Senate, and
Assembly) through a letter informing them of said resolution passed by the City of Huntington
Beach and urging them to introduce and pass legislation to "End Child Marriage Under 18, No
Exceptions".
3. The City Council hereby calls on other California municipalities to pass
resolutions showing their commitment to end Child Marriage.
4. The City Council hereby calls on the Orange County Registrar/Recorder/ Clerk to
proactively comply with Section 102356 of the California Health and Safety Code by sending
aggregated data on all Child Marriages registered in the county each year to the State Registrar
before January 31st of the following year; should there be no Child Marriages registered in the
county, the City Council calls on the County Registrar/Recorder/Clerk to proactively confirm this
with the State Registrar. The City Council also calls on the County Registrar/Recorder/Clerk to make
statistics on Child Marriage available to the public upon request, including the total number of Child
Nlarriages in the county, as well as the ages and genders of the parties to those marriages.
5. The City Council hereby authorizes and directs the City Manager and authorized city
personnel to publish on the city's website educational information regarding opposing the practice of
Child Nlarriage. In so far as is necessary, the city manager and city staff shall collaborate with human
rights nonprofits and organizations specializing in the aforementioned cause to produce such
educational content.
6. The City Council hereby authorizes and directs the City Manager and authorized city
personnel to publish on the city's social media platforms the aforementioned content.
7. The City Council hereby authorizes and directs that the City Manager and authorized
city personnel shall make known to city residents the availability of the letter-writing campaign, to
"End Child Marriage Under 18,No Exceptions" in California sponsored by Global 1-lope 365.
8. 'fhe City Council hereby authorizes and directs that the City Manager and authorized
city personnel shall make known to city residents the availability of other letter-writing campaigns
designed to "End Child Marriage Under 18, No Exceptions" on a federal level.
3
21-10184n65393
RESOLUTION NO. 2021-49
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7'h day of September, 2021.
Nlayor
RF^VED AND A ROVED: INITIATED AND APPROVED:
City iNlanager Assistant City Mana&r
APPROVED AS TO FORNI:
U, U�51- City Attorney
4
21-I0I84265393
Res. No. 2021-49
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on September 7, 2021 by the following vote:
AYES: Peterson, Bolton, Delgleize, Carr, Posey, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
City Clerl�and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
AMENDED IN ASSEMBLY JUNE 24, 2021
AMENDED IN SENATE MARCH 23, 2021
SENATE BILL No. I
Introduced by Senator Atkins
(Principal coauthor: Senator Stern)
(Principal coauthor: Assembly Member Petrie-Norris)
(Coauthors: Senators Hertzberg, Hueso, Laird, LiniOn, and
Portantino)
December 7, 2020
An act to amend Sections 30001.5. 30501, and 71116 of'. to add
Section 30421 to. to add Article S (commencing with Section 30270)
to Chapter 3 of Division 20 of, and to add Division 20.6.5 (commencing
with Section 30970) to, the Public Resources Code, relating to coastal
resources.
IJ!GISLA'rIVH COUNSEL'S UIGES'r
SB 1, as amended. Atkins. Coastal resources: sea level rise.
(1 ) L'xisting law, the California Coastal Act of 1976, establishes the
California Coastal Commission and provides for planning and regulation
of development in the coastal zone. as defined. The act requires the
commission, within 90 days after January 1. 1977. to adopt, after public
hearing, procedures for the preparation, submission, approval, appeal,
certification, and amendment of a local coastal program, including a
common methodolo2.y for the preparation of, and the determination of
the scope of, the local coastal programs, as provided.
This bill would also include, as part of the procedures the commission
is required to adopt. recommendations and guidelines for the
identification. assessment, minimization. and mitigation of sea level
rise within each local coastal program. as provided. The bill would
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delete the timefirame specified above by which the commission is
required to adopt these procedures. The bill would require the
commission to take into account the effecu of sea level rise in coastal
resource planning and management policies and activities, as provided.
In addition, the bill would require state and regional agencies to identity.
assess, and, to the extent feasible and consistent with their statutory
au1horit1cs,-tttitutl1t51e avoid. minimize. and mitigate the impacts of sea
level rise. To the extent that a regional agency is a local public agency,
this hill would impose a state-mandated local program.
The act makes legislative findings and declarations relating to the
basic goals of the state for the coastal zone.
This bill would add, as part of those goals, the goal of anticipating.
assessing, planning for, and, to the extent feasible,tnintrxii;rri avoiding,
minimizing. and mitigating the adverse environmental and economic
effects of sea level rise within the coastal zone.
(2) Existing law requires the Natural Resources Agency, in
collaboration with the Ocean Protection Council, to create and post on
an internet website a Planning for Sea Level Rise Database describing-
steps being taken throughout the state to prepare for, and adapt to, sea
level rise.
This bill would create Nvithin the council the California Sea Level
Rise State and Regional Support Collaborative. The bill would require
the collaborative, among other things, to provide state and regional
information to the public and support to local, regional, and other state
agencies for the identification,assessment,planning, and, where leasible,
the mitigation ofthe adverse environmental, social,and economic etlects
ofsca level rise, as provided- "File bill would require, upon appropriation
in the annual Budget Act, the collaborative to expend no more than
S 100,000.000 annually from appropriate bond funds and other sources
for the purpose of making grants to local and regiono! governments to
Update local and regional land use plans to take into account sea level
rise and for directly related investments to implement those plans, as
provided. The bill would require the Secretary for Environmental
protection and the Secretary of the Natural Resources Agency, as pan
of the adoption of the annual Budget Act, to annually appear before the
budget committees of both houses of the Legislature regarding the
implementation of the above provisions.
(3) Existing law establishes the Environmental Justice Small Grant
Program under the jurisdiction of the California Environmental
Protection Agency, with the purpose to provide grants to eligible
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community groups that are located in areas adversely affected by
environmental pollution and hazards and that are involved in work to
address environmental justice issues. Existing law authorizes the
Secretary for Environmental Protection to expend up to S 1,500,000 per
year for purposes of this grant program.
ibis bill would instead authorize the secretary to expend up to
52.000,000 per year for purposes of the grant program and would require
III)to S500.000 of that money to be expended by the secretary for grants
to organizations working to address and mitig fate the effects o sea level
rise in disadvantaged communities, as defined, impacted by sea level
rise.
(4) The California Constitution requires the state to reimburse local
auencies and school districts fur certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact cis follows:
I SECTION I . Section 30001 .5 of the Public Resources Code
2 is amended to read:
3 30001.5. The Legislature further finds and declares that the
4 basic goals of the state for the coastal zone are to:
5 (a) Protect, maintain, and, where feasible, enhance and restore
6 the overall quality of the coastal zone environment and its natural
7 and artificial resources.
S (b) Ensure orderly, balanced utilization and conservation of'
9 coastal zone resources taking into account the social and economic
10 needs of the people of the state.
I I (c) Maximize public access to and along the coast and maximize
12 public recreational opportunities in the coastal zone consistent
13 with sound resources conservation principles and constitutionally
14 protected rights of private property owners.
15 (d) Fnsure priority for coastal-dependent and coastal-related
16 development over other development on the coast.
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1 (e) Encourage state and local initiatives and cooperation in
2 preparing procedures to implement coordinated planning and
3 development for mutually beneficial uses, including educational
4 uses, in the coastal zone.
5 (1) Anticipate, assess, plan for, and, to the extent feasible.
6 mitrimi`re avoicl, minimize, and mitigate the adverse elivi roll ntental
7 and economic effects of sea level rise within the coastal zone.
3 SEC. 2. Article S (commencing with Section 30270) is added
9 to Chapter 3 of Division 20 of the Public Resources Code, to read:
10
I I Article S. Sea Level Rise
12
13 30270. The commission shall take into account the effects of
14 sea level rise in coastal resources planning and management
15 policies and activities in order to identify,assess, and, to the extent
16 feasible, avoicl and mitigate the adverse effects of sea level rise.
17 SEC. J. Section 30421 is added to the Public Resources Code,
18 to read:
19 30421. State and regional agencies shall identify, assess, and.
20 to the extent feasible and consistent with their statutory authorities.
21 minimize avoid, minimize, and mitigate the impacts of sea level
22 rise.
23 SEC. 4. Section 30501 of the Public Resources Code is
24 amended to read:
25 30501. The commission shall adopt, after public hearing.
26 procedures for the preparation, submission, approval, appeal.
27 certification, and amendment of a local coastal program, including.
28 but not limited to, all ofthe tollowing:
29 (a) A common methodology for the preparation of'. and the
30 determination of the scope of, the local coastal programs, taking
31 into account the fact that local governments have differing needs
32 and characteristics.
33 (b) Recommended uses that are of more than local importance
34 that should be considered in the preparation of local coastal
35 programs. Those uses may be listed generally or the commission
36 may, from time to time, recommend specific uses for consideration
37 by a local government.
38 (c) Recommendations and guidelines,which shaII be periodically
39 updated by the commission to incorporate new information as it
40 becomes available, for the identification, assessment, minimization.
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1 and mitigation of'sca level rise within each local coastal program,
2 taking into account local and regional conditions and the differing
3 capacities and funding available to local governments.
4 SEC. 5. Division 20.6.5 (commencing with Section 30970) is
i added to the Public Resources Code, to read:
6
7 DIVISION 20.6.5. CALIFORNIA SEA LEVEL RISE
3 MITIGATION AND ADAPTATION ACT OF 2021
9
10 30970. This division shall be known, and may be cited, as the
1 1 California Sea Level Rise Mitigation and Adaptation Act of'2021.
12 30971. The Legislature finds and declares all of the following:
13 (a) California has 1,264 miles of coastline, and, if small bays
14 and inlets are included, it has up to 3,000 miles ofcoastline located
15 on the western seaboard of the United States, all of which is prone
16 to the severe and pervasive etlects of sea level rise.
17 (b) According to the "State of California Sea-Level Rise
IS Guidance DocumcnC" issued by the Natural Resources Agcncv
19 and the Ocean Protection Council, the impacts of sea level rise on
20 the state will be significant and pervasive, and could occur as soon
21 as within the neat decade.
22 (c) (I ) As with most impacts from climate change,the impacts
23 of sea level rise are both environmental and economic, including
24 losses to publicly owned infrastructure, such as airports, rail lines,
25 streets and highways, pipelines, waste water treatment plants,
26 schools, hospitals, and other ftcilities.
27 (2) For example, the catastrophic inundation, flooding. and
23 property damage from a small rise in sea level, combined with a
29 1-in-10 likelihood of a Pacific storm, could amount to tens of
30 billions of dollars in uninsured losses of structures and properties.
31 (3) A 2015 assessment by the Risky Business Project, led by
32 former United States Secretary of the Treasury Henry Paulson and
33 other business leaders, found that between eight billion dollars
34 (S8,000,000.000) and ten billion dollars (SI0,000,000.000) of
35 existing property in the state is likely to be underwater by the year
36 2050 ifcurrcm trends continue.
37 (4) According to the 201 5 National Oceanic and Atmospheric
38 Administration report, The National Significance of California's
39 Coastal Economv. "California's 19 coastal counties generated
40 S662 billion in wages and S1.7 trillion in GDP in 2012" and
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S13 1 —6-
1 "California's ocean-related activities represent a substantial portion
2 of the U.S. ocean economy as a whole-13 percent of the
3 establishments, 14 percent of the employment and wages, and 12
4 percent of the GDP in 2012." all of which would be adversely
5 affected by sea level rise.
6 (5) Recent reports in periodicals,such as the Los Angcles Times.
7 state succinctIv that "Destruction from sea level rise in California
S could exceed worst wildfires and earthquakes"
9 (d) For the economy, the natural environment, and the people
10 of California, it is urgent that the state enact new statutes to plan
I I for, anticipate. and respond to sea level rise.
12 (e) The purpose of this division is to establish new planning.
13 assessment, ILnding. and mitigation tools for Calil'ornia to address
t4 and respond to sea level rise.
15 30972. (a) (1) There is hereby created within the Ocean
16 Protection Council the California Sea Level Rise State and
17 Regional Support Collaborative.
18 (2) In its role as the collaborative. the Ocean Protection Council
19 shall coordinate with the other state planning and coastal
20 management agencies, including, but not limited to, the Office of
21 Planning and Research, the Stratesic Growth COunCll, the State
22 Lands Commission, the California Coastal Commission, the State
23 Coastal Conservancy, and the San Francisco Bay Conservation
24 and Development Commission, to administer the grants and on
25 the kind of information and support it provides local, regional,
26 and other state agencies consistent with their statutory authority.
27 (b) The collaborative shall provide state and regional information
28 to the public and support to local, regional, and other state agencies
29 for the identification, assessment, planning, and, where feasible,
30 the mitigation of the adverse environmental. social. and economic
31 effects of sea level rise within the coastal zone and the area under
32 the jurisdiction of the San Francisco Bav Conservation and
33 Development Commission, pursuant to Section 66610 of the
34 Government Code. The support the collaborative provides to local
35 and regional agencies shall include. bur not be limited to, technical
36 assistance on updating local and regional land use plans to take
37 into account sea level rise.
38 30973. (a) Upon appropriation by the Legislature in the annual
39 Budget Act, the collaborative shall expend not more than one
40 hundred million dollars(S 100,000,000)annually from appropriate
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I bond funds and other sources for the purposes of slaking grants
2 to local and regional governments to update local and regional
3 land use plans to take into account sea level rise, and for directly
4 related investments to implement those plans. Priority shall be
5 given to those local and regional governments that have agreed
6 most effectively and urgently to plan for and implement actions
7 to address sea level rise.
S (b) As pan of the adoption of the annual Budget Act, the
9 Secretary of Environmental Protection and the Secretary of the
10 Natural Resources Agency shall annually appear before die budget
I I committees of both houses of the Legislature regarding the
12 implementation of this division.
13 SEC. 6. Section 71116 of' the Public Resources Code is
14 amended to read:
15 71 1 16. (a) The Environmental Justice Small Grant Program
16 is hereby established under the jurisdiction of' the California
17 Environmental Protection Agency. The California Environmental
I S Protection Agency shall adopt regulations for the implementation
19 of this section. These regulations shall include, but need not be
20 limited to, all of the following:
21 (1) Specific criteria and procedures for the implementation of
22 the program.
23 (2) A requirement that each grant recipient submit a written
24 report to the agency documenting its expenditures of the grant
25 funds and the results of the funded project.
26 (3) Provisions promoting the equitable distribution of grant
27 funds in a variety of areas throughout the state, with the goal of
28 making grants available to organizations that will attempt to
29 address environmental justice issues.
30 (b) The purpose of the program is to provide grants to eligible
31 community groups, including,but not limited to,convnunity-based.
32 grassroots nonprofit organizations. that are located in areas
33 adversely affected by environmental pollution and hazards and
34 that are involved in Nvork to address environmental justice issues.
35 (c) (1) Both of the following are eligible to receive moneys
36 from the fund:
37 (A) A nonprofit entity.
38 (13) A federally recognized tribal government.
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SR 1 -H-
1 (2) For purposes of this section, "nonprofit entity" means anv
2 corporation, trust, association, cooperative. or other organization
3 that meets all of the following criteria:
4 (A) Is operated primarily for scientific, educational, service,
5 charitable, or other similar purposes in the public interest.
6 (13) Is not organized primarily for profit.
7 (C) Uses its net proceeds to maintain, improve, or expand, or
S any combination thereof. its operations.
9 (D) Is a tax-exempt organization under Section 501(c)(3)ofthe
10 federal Internal Revenue Code. or is able to provide evidence to
I I the agency that the state rccognizes the organization as a nonprofit
12 entity.
13 (3) For purposes of'this section, "nonprofit entity' specifically
14 excludes an organization that is a tax-exempt organization under
15 Section 501(c)(4) of the federal Internal Revenue Code.
16 (d) Individuals may not receive grant moneys from the timd.
17 (e) Grant recipients shall use the grant aNvard to fund only the
IS project described in the recipient's application. Recipients shall
19 not use the Grant funding to shift moneys from existing or proposed
20 projects to activities for which grant funding is prohibited under
21 subdivision (g).
22 (f) Grants shall be awarded on a competitive basis for projects
23 that are based in communities with the most significant exposure
24 to pollution. Grants shall be limited to any of the following
25 purposes and no other:
26 (1) Resolve environmental problems through distribution of'
27 information.
28 (2) Identify improvements in communication and coordination
29 among agencies and stakeholders in order to address the most
30 significant exposure to pollution.
31 (3) Expand the understanding of a community about the
32 environmental issues that aflect their cortununitV.
33 (4) Develop guidance on the relative significance of various
34 environmental risks.
35 (5) Promote community inyolVement in the decisionmaking
36 process that afTects the environment of the community.
37 (6) Present environmental data for the purposes of enhancing
38 community understanding of environmental information systems
39 and environmental information.
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1 (g) ( 1) The agency shall not award grants for, and grant funding
2 shall not be used for, any of the following:
3 (A) Other state Grant programs.
4 (B) Lobbying or advocacy activities relating to any federal,
5 state, regional, or local legislative, quasi-legislative, adjudicatory,
6 or quasi-judicial proceeding involving development or adoption
7 of statutes, guidelines, rules, regulations, plans or any other
S governmental proposal, or involving decisions concerning sitirw"
9 permitting, licensing, or any other governmental action.
10 (C) Litigation, administrative challenges, enforcement action,
I 1 or any type of adjudicatory proceeding.
12 (D) Funding of a lawsuit against any governmental entity.
13 (E) Funding of a lawsuit against a business or it project owned
14 by a business.
15 (F) Nlatching state or federal funding.
16 (G) Performance of' any technical assessment for purposes of
17 opposing or contradicting a technical assessment prepared by a
IS public agency.
19 (2) An organization's use of funds from a grant awarded under
20 this section to educate a community re_earding an environmental
21 justice issue or a governmental process does not preclude that
22 organization from subsequent lobbying or advocacy concerning
23 that same issue or governmental process, as long as the lobbying
24 or advocacy is not funded by a grant awarded under this section.
25 (h) The agency shall review,evaluate, and select grant recipients.
26 and screen _rant applications to ensure that they meet the
27 requirements of this section.
28 (i) The maximum amount of agrant provided pursuant to this
29 section may not exceed fifty thousand dollars (S50,000).
30 (j) I-or purposes ofthis section, "enyironmentaljustice" has the
31 same meaning as defined in Section 65040.12 of the Government
32 Code.
33 (k) (I) The Secretary for Environmental Protection may expend
34 up to hvo million dollars (S2,000,000) per year for the purposes
35 of this section.
36 (2) (A) 01' the amount described in paragraph (I), up to five
37 hundred thousand dollars (S500,000) shall be expended by the
38 Secretary, for Environmental Protection for grants to omanizations
39 working to address and nitivate the effects of sea level rise in
40 disadvantaged communities impacted by sea level rise.
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1 (13) For purposes of this section, "disadvantaged community"
2 shall have the same meaning as defined in Section 71 1 1 S.
3 (1) Board, departments, and offices within the Calitbrnia
4 Environmental Protection Agency may allocate funds from various
5 special funds, settlements,and penalties to implement this program.
6 SEC. 7. If the Commission on State Mandates determines that
7 this act contains costs mandated by the state. reimbursement to
3 local agencies and school districts for those costs shall be made
9 pursuant to Part 7 (commencing with Section 17500) of Division
10 4 ofTitle 2 ofthc Government Codc.
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