BILL REQ. #:  S-2290.1 



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SECOND SUBSTITUTE SENATE BILL 5138
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State of Washington61st Legislature2009 Regular Session

By Senate Ways & Means (originally sponsored by Senators Rockefeller, Ranker, Jacobsen, Shin, Kohl-Welles, Kline, and Pridemore)

READ FIRST TIME 03/02/09.   



     AN ACT Relating to an integrated climate change response strategy; and adding a new chapter to Title 43 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature recognizes that climate change poses a significant threat to Washington's economy, the health and welfare of its population, and its natural resources. Washington's water supply and natural resources are particularly vulnerable to temperature changes and shifts in precipitation patterns and could suffer devastating consequences if adaptive measures are not taken. Even with effective mitigation of climate changing activities, the region will experience inevitable impacts from climate change.
     (2) The science and information on the effects and impacts of climate change is continually improving and this scientific information provides the basis for planning and developing preparation and adaptation actions for climate change to ensure the economic, health, safety, and environmental well-being of the state and its citizens. It is in the public interest for the state to address the effects of climate change and to be able to plan for future climate change impacts. These impacts will affect individuals, public and private businesses, state and local agencies, as well as natural resources and the environment.
     (3) It is the purpose of this chapter to create an integrated climate change response strategy with prioritized and coordinated climate change preparation and adaptation actions that state and local agencies, public and private businesses, tribes, and individuals can use to plan and prepare for the impacts of climate change through a collaborative process of on-going research, analysis, collection, and distribution of data and information.
     (4) The legislature recognizes that the effort required to assess, gather, and compile information and data to develop adaptation and preparation activities for an integrated climate change response strategy will take significant resources and time. The legislature also recognizes that the departments of ecology, fish and wildlife, natural resources, and transportation are uniquely positioned to address many of these issues given the mission of their respective agencies. Therefore, in an effort to reduce costs and streamline the process while achieving the goals of this chapter, the legislature designates the departments of ecology, fish and wildlife, natural resources, and transportation as leaders in assessing and gathering the necessary information and data to develop a comprehensive, integrated, and coordinated climate change adaptation strategy.

NEW SECTION.  Sec. 2   (1) The departments of ecology, fish and wildlife, natural resources, and transportation shall develop an integrated climate change response strategy to better enable state and local agencies, public and private businesses, nongovernmental organizations, and individuals to prepare for, address, and adapt to the impacts of climate change.
     (2) The department of ecology shall serve as a central clearinghouse for relevant scientific and technical information about the impacts of climate change on Washington state's ecology, economy, and society, as well as serve as a central convener for the development of vital programs and necessary policies to help the state adapt to a rapidly changing climate.
     (3) The department of ecology shall consult and collaborate with the departments of fish and wildlife, natural resources, and transportation in developing an integrated climate change response strategy and plans of actions to prepare for and adapt to climate change impacts.
     (4) The department of fish and wildlife shall focus on issues relating to biodiversity, resiliency, and vulnerability of the natural environment, and other areas as requested by the department of ecology.
     (5) The department of natural resources shall focus on the vulnerability and resiliency of forests, forest fires, and forest health.
     (6) The department of transportation shall focus on gathering and assessing information relating to infrastructure projects, vulnerability of the built environment, and other concerns, as requested by the department of ecology.

NEW SECTION.  Sec. 3   (1) The departments of ecology, fish and wildlife, natural resources, and transportation may seek assistance from a science advisory group.
     (2) The departments of ecology, fish and wildlife, natural resources, and transportation may consult with other state, federal, and local agencies that have expertise in matters relating to climate change, or information and data regarding impacts from climate change, as necessary to develop an integrated climate change response strategy.
     (3) The departments of ecology, fish and wildlife, natural resources, and transportation shall, to the extent possible, use teleconferencing for meetings and electronic messaging for gathering data and information to reduce meeting and travel expenditures.

NEW SECTION.  Sec. 4   (1) The integrated climate change response strategy shall include recommendations conveyed and communicated so that policymakers, public and private businesses, and individuals can easily understand and recognize the implications of the climate change response strategy. The integrated climate change response strategy should address the impact of and adaptation to climate change, as well as the regional capacity to undertake actions, existing ecosystem and resource management concerns, and health and economic risks. In addition, the departments of ecology, fish and wildlife, natural resources, and transportation should include a range of scenarios for the purposes of planning in order to assess project vulnerability and, to the extent feasible, reduce expected risks and increase resiliency to the impacts of climate change.
     (2) The integrated climate change response strategy must include climate change preparation and adaptation actions that ensure collaborative and cooperative activities.
     (a) By December 1, 2011, the department of ecology shall compile an initial climate change response strategy, including information and data from the departments of fish and wildlife, natural resources, and transportation that: Summarizes the best known science on climate change impacts to Washington; assesses Washington's vulnerability to the identified climate change impacts; prioritizes solutions that can be implemented within and across state agencies; and identifies recommended funding mechanisms and technical and other essential resources for implementing solutions.
     (b) The initial strategy must include:
     (i) Efforts to identify priority planning areas for action, based on vulnerability and risk assessments;
     (ii) Barriers challenging state and local governments to take action, such as laws, policies, regulations, rules, and procedures that require revision to adequately address adaptation to climate change;
     (iii) Opportunities to integrate climate science and projected impacts into planning and decision making; and
     (iv) Methods to increase public awareness of climate change, its projected impacts on the community, and to build support for meaningful adaptation policies and strategies.
     (c) The department of ecology shall, in collaboration with the departments of fish and wildlife, natural resources, and transportation, complete an initial climate impacts assessment report that includes the status of the integrated climate change response strategy and provide it to the appropriate committees of the legislature by December 1, 2012.
     (3) By December 1, 2013, the department of ecology, in collaboration with the departments of fish and wildlife, natural resources, and transportation, must complete an integrated climate change response strategy, which must include:
     (a) Adaptation plans of action to address:
     (i) Water resources;
     (ii) Ocean and coastal resources;
     (iii) Infrastructure requirements;
     (iv) Biodiversity;
     (v) Public health risks and consequences; and
     (vi) Working landscapes, such as forest and agricultural lands.
     (b) Information about the latest research and projects, such as:
     (i) Risk assessment models and data, including evaluations of the consequences, magnitude, and probability of climate change impacts;
     (ii) Comprehensive impact assessments that examine how climate change is likely to affect the natural environment and physical infrastructure, as well as the economic impacts on municipal and rural operations; and
     (iii) Methods to strengthen community partnerships that reduce vulnerabilities and risks to climate change.

NEW SECTION.  Sec. 5   (1) The science advisory group shall provide independent, nonrepresentational scientific advice to the department of ecology. The science advisory group members shall assist the department of ecology in: (a) Identifying the timing and extent of impacts from climate change; (b) assessing the effects of climate variability and change in the context of multiple interacting stressors or impacts; (c) developing forecasting models; (d) determining the resilience of the environment, natural systems, communities, and organizations to deal with potential or actual impacts of climate change and the vulnerability to which a natural or social system is susceptible to sustaining damage from climate change impacts; and (e) identifying other issues, as determined by the department of ecology, necessary to develop policies and actions for the integrated climate change response strategy.
     (2) The chair of the science advisory group must be a scientist with recognized expertise in a field or fields of science essential to preparing for and adapting to climate change. The chair serves for a term of three years. The chair shall: (a) Select experts from scientific disciplines as needed to assist the department of ecology with developing an integrated climate change response strategy; and (b) coordinate the science advisory group activities to ensure the priorities and goals of the department of ecology are met.
     (3) The governor or the governor's designee shall appoint the chair of the science advisory group or appoint a successor to assume the duties of the chair after the initial term.
     (4) In establishing the science advisory group, the department of ecology shall request that the Washington academy of sciences provide a list of candidates to the chair of the science advisory group. The list of candidates should reflect the full range of scientific disciplines involved in climate change, including scientists associated with federal, state, and local agencies, tribes, business and environmental communities, colleges, and university communities. The chair of the science advisory group may also seek advice from the scientific community to develop membership for the science advisory group.

NEW SECTION.  Sec. 6   State agencies shall strive to incorporate adaptation plans of action as priority activities when planning or designing agency policies and programs. Agencies shall consider: The integrated climate change response strategy when designing, planning, and funding infrastructure projects; and incorporating natural resource adaptation actions and alternative energy sources when designing and planning infrastructure projects.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 8   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void.

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