20250SB__001096AMD INTRODUCED 2024-12-02 AMENDED_SENATE 2025-02-13 AMENDED_SENATE 2025-03-13 AMENDED_ASSEMBLY 2026-05-12 2025 SB AMD Introduced by Senator Padilla LEAD_AUTHOR SENATE Padilla

An act to amend Sections 71152, 71341, and of the Public Resources Code, relating to climate change. climate change Climate change: plans: gender impacts. Existing law requires the Office of Land Use and Climate Innovation and the Natural Resources Agency, on or before July 1, 2026, and every years thereafter, to update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on extreme heat.

This bill would require the office and the agency, on or before July 1, 2028, to conduct an assessment of the disparate and differentiated gendered impacts and risks of extreme heat, as provided, for purposes of integration into updates to the Extreme Heat Action Plan. The bill would require the office and the agency to post the gender assessment on their respective internet websites and to provide the assessment to the relevant policy and fiscal committees of the Legislature.

Existing law provides that it is the intent of the Legislature to prioritize the most vulnerable communities, ecosystems, and economic sectors in the state’ climate adaptation and resilience strategy set forth in the Safeguarding California Plan and that the Natural Resources 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 and specifies that in developing these policies and taking these actions, the agency include the adoption of strategies that seek to address and, at a minimum, avoid worsening social and racial inequities.

This bill would additionally state the intent of the Legislature that those strategies shall seek to address and, at a minimum, avoid worsening gender inequities. Existing law requires the office, through the Integrated Climate Adaptation and Resiliency Program, to develop the California Climate Change Assessment to provide an integrated suite of products that report the impacts and risks of climate change, based on the best available science, and identify potential solutions to inform legislative policy. Existing law requires the office to complete the assessment no less frequently than every years.

Existing law requires the products in the assessment to include, among other things, reports on issues of statewide significance, including, but not limited to, environmental justice considerations. This bill would expressly require the reports on issues of statewide significance to include gender impact considerations.

The Otay Mesa East Toll Facility Act authorizes the San Diego Association of Governments (SANDAG) to carry out a construction project for the State Highway Route corridor, including, among other things, highway improvements and international border crossing facilities, to be operated as a toll facility. Existing law authorizes SANDAG to fix and revise from time to time and charge and collect tolls and other charges for entrance to or the use of the corridor, as provided.

Existing law authorizes toll revenues to be used for specified costs, including, among other things, payments of a cooperative tolling agreement with the federal government of Mexico.</xhtml:p><xhtml:p>This bill would, consistent with applicable federal and state laws, authorize those toll revenues to additionally be used to assist in the maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and the development of additional sanitation infrastructure projects related to the Tijuana River pursuant to an agreement with the federal government.

The bill would require the repayment of bond obligations to take priority over other allocations of toll revenues.</xhtml:p><xhtml:p>This bill would make legislative findings and declarations as to the necessity of a special statute for the South Bay International Boundary and Water Commission sewage treatment facility located within the County of San Diego.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Public Resources Code is amended to read: 71152. (

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, racial, and gender inequities.

SEC. 2.

Section of the Public Resources Code is amended to read: 71341. The California Climate Change Assessment shall provide an integrated suite of products that report the impacts and risks of climate change, based on the best available science, and identify potential solutions to inform legislative policy. These products shall include, but not be limited to, all of the following: (

a) Downscaled climate projections that assess climate change impacts throughout the state, including at regional and local levels, for near-term, medium-term, and long-term timescales, and under varied emissions scenarios, as appropriate and supported by the availability of the data, as determined by the Office of Planning and Research. (

b) A set of research reports that examine, but need not be limited to, all of the following:

(1) How climate change will affect built systems, natural systems, and social systems, including the welfare of vulnerable communities, and the potential fiscal and economic impacts of these effects in California.

(2) Identification of potential climate adaptation and mitigation responses, including their costs and benefits. (

c) Regionally specific reports that can inform regional and local vulnerability assessments, adaptation planning, and community resilience efforts. (

d) Reports on issues of statewide significance, including, but not limited to, environmental justice considerations, gender impact considerations, impacts on the systems identified in paragraph (1) of subdivision (b), and the unique risks posed to, and research and monitoring approaches used by, tribal communities. (

e) Decision-support tools for planners, decisionmakers, and others, including organizations that serve vulnerable communities, that allow for actionable application of assessment research findings. To the extent data is available, this shall include guidance regarding assessment of the financial and economic costs and benefits of adaptation decisions. (

f) Examples of best practices for planning for future climate conditions and approaches to building adaptation and resilience, while also meeting established greenhouse gas emission reduction goals.

SEC. 3.

Section of the Public Resources Code is amended to read: 71361. (

a) On or before July 1, 2026, and every three years thereafter, the office and the Natural Resources Agency, in consultation with relevant state agencies and to be integrated into the climate adaptation strategy developed pursuant to

Section 71153, shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on extreme heat. Updates to the Extreme Heat Action Plan shall include all of the following:

(1) Review of relevant actions and grants that state agencies have undertaken to mitigate extreme heat and implement the Extreme Heat Action Plan, including, but not limited to, an in-depth review of select programs and actions, including, but not limited to, the ICARP Extreme Heat and Community Resilience Grant Program, as described in Item 0650-101-0001 of the Budget Act of 2022, projects that use cool and reflective surfaces, and efforts to address extreme heat on California’s school campuses.

(2) A description of the resources, budget allocations, expenditures, and staff dedicated to addressing extreme heat.

(3) A review of state programs that address extreme heat to identify potential gaps or unmet needs in the state’s approach and that includes recommendations on ways to improve policies, programs, and interagency coordination.

(4) Recommendations on additional measures to protect vulnerable populations, such as pupils and students, from the impacts of extreme heat, including, but not limited to, community cooling strategies. (b)

(1) On or before July 1, 2028, the office and the Natural Resources Agency shall conduct an assessment of the disparate and differentiated gendered impacts and risks of extreme heat for purposes of integration into updates to the Extreme Heat Action Plan developed pursuant to subdivision (a). The assessment shall be known as the “gender assessment.” In conducting the gender assessment, intersectional and systemic inequities shall be considered. The gender assessment shall include all of the following: (

A) An analysis of the disparate and differentiated gendered impacts and risks of extreme heat to identify gaps or unmet needs in the state’s approach to addressing extreme heat. (

B) An analysis of sex- or gender-disaggregated data, where available, on workers in relevant sectors, including, but not limited to, health care and care workers, outdoor workers, and others, to identify those substantially responsible for protecting community health and supporting community resilience in response to extreme heat, as well as those substantially in danger of negative impacts at work from extreme heat. (

C) Recommendations on additional measures or priority actions to address the disparate and differentiated gendered impacts of extreme heat to improve policies, programs, and interagency coordination. State agencies may consider these recommendations in developing their policies and programs.

(2) The gender assessment shall be posted on the office’s and the Natural Resources Agency’s internet websites and shall be provided to the relevant policy and fiscal committees of the Legislature, consistent with the requirements of

Section of the Government Code. (b)</xhtml:p>"?> (

c) The Extreme Heat Action Plan and subsequent updates shall be posted on the office’s and the Natural Resources Agency’s internet websites and, notwithstanding

Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature. (c)</xhtml:p>"?> (

d) For purposes of this section, “Extreme Heat Action Plan” means the April plan entitled “Protecting Californians From Extreme Heat: A State Action Plan to Build Community Resilience.” <caml:Num>SECTION 1.</caml:Num><caml:Content><xhtml:p>The Legislature finds and declares all of the following:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>The Tijuana River Valley has been a longstanding site of significant environmental degradation due to cross-border pollution, including untreated sewage, industrial waste, and other contaminants that flow from Tijuana, Mexico, into the United States of America.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>According to the Department of Parks and Recreation, the Tijuana River National Estuarine Research Reserve is the largest coastal wetland and one of the few remaining salt marshes in southern California.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>This pollution severely impacts communities in California, particularly the City of Imperial Beach, and other nearby neighborhoods in the County of San Diego.

These areas are experiencing elevated rates of respiratory illnesses, gastrointestinal diseases, and skin conditions linked to exposure to contaminated water and air.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>The rapid economic expansion in the border region, driven in part by trade agreements such as the United States-Mexico-Canada Agreement (USMCA), has resulted in increased industrial production, cross-border transportation, and waste generation, exacerbating pollution in the Tijuana River Valley.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>The life cycle of many products manufactured in the region, including electronics, textiles, and consumer goods, contributes to environmental degradation at every stage, from raw material extraction to production, transport, use, and disposal.

Many of these products are produced in factories that discharge untreated waste into the Tijuana River or adjacent lands.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>The health and safety of residents and visitors to the Tijuana River Valley and surrounding communities are of paramount importance.

The Legislature acknowledges the severe public health risks posed by ongoing pollution in the region and recognizes the need for a permanent funding source to provide resources to mitigate the crisis.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>Pursuant to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande Treaty of between the United States of America and Mexico, the International Boundary and Water Commission (IBWC) gained status as an international body to resolve water quality issues related to transboundary pollution from border rivers and streams.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>In 1996, the United States

Section of the IBWC (USIBWC) used funding from the United States Environmental Protection Agency to build the South Bay International Wastewater Treatment Plant (SBIWTP). The plant is permitted to treat up to 25,000,000 gallons per day of raw sewage and other waste water.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Due to unchecked expansion leading to unexpectedly high flows, the SBIWTP has become overwhelmed and left only partially operational in need of critical repairs.

According to the IBWC, 100 billion gallons of untreated sewage and other pollutants have been dumped into the Tijuana River in the past five years.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>The USIBWC and the Mexico

Section of the IBWC (La Comisión Internacional de Límites y Aguas or “CILA”) entered into an agreement called the “Comprehensive Infrastructure Solution,” which identified targeted infrastructure projects on both sides of the border.

The latest cost estimate from the IBWC for implementation of this agreement is now $900,000,000, which would repair and expand the capacity of the facility but does not include maintenance.</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>In July 2020, Congress appropriated $300,000,000 through the USMCA to mitigate the transboundary flows through expansion of the existing SBIWTP.</xhtml:p><xhtml:p>(l)<xhtml:span class="EnSpace"/>In 2024, Congress appropriated $156,000,000 as a part of the appropriations bill.

However, there has been no ongoing funding source appropriated to maintain operations of the SBIWTP.</xhtml:p><xhtml:p>(m)<xhtml:span class="EnSpace"/>The appropriation of an ongoing and reliable funding source is critical to the health and safety of the residents of the southern portion of the County of San Diego.</xhtml:p><xhtml:p>(n)<xhtml:span class="EnSpace"/>Funds from the toll collected at the proposed East Otay Mesa may be used to address water and air pollution and used to offset the financial obligations to the IBWC from the federal government.</xhtml:p></caml:Content></caml:BillSection><caml:BillSection id="id_DD34DEC2-9D50-4642-BB10-BBF9E646901E"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:SHC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'17.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'31475.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Streets and Highways Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_CC16874D-7630-4A59-B71D-97F97297D4E3"><caml:Num>31475.</caml:Num><caml:LawSectionVersion id="id_04575ECC-221A-4EB0-A208-543D4F929C70"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Toll revenues under this

chapter may be used to reimburse or finance the costs incurred in connection with the implementation, construction, maintenance, or operation of a project, including reimbursement of federal funds specifically allocated to SANDAG for a project or projects by the federal government or other funds from funding sources that are not otherwise available to state agencies for transportation-related projects.

SANDAG shall be reimbursed for administrative costs in an amount that shall not exceed percent of toll revenues under this chapter.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Toll revenues shall be used to pay for costs in the following categories:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Payments pursuant to bonds and resolutions, indentures, and other constituent instruments defining the rights of the holders of bonds and any repayment or reimbursement obligations of SANDAG to any providers of bond insurance or letters of credit or lines of credit related to bonds.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>SANDAG costs for operations, toll collection, and administration of the projects.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Reimbursement or payment to federal, state, and local agencies for costs incurred by or payable to those agencies for services, equipment, goods, fixtures, operation, maintenance, personnel, or software provided to or in furtherance of a project that are reimbursable pursuant to a written agreement between SANDAG and the respective agency.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Costs for capital improvements to repair or rehabilitate a project, to expand project capacity, to improve project operations, or to increase public transit and nonmotorized options in the corridor.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Costs for projects that increase transportation options along the corridor or at the Otay Mesa East Port of Entry, including, but not limited to, public transit and nonmotorized transportation that would result in reduced vehicle miles traveled, pursuant to the plan approved by the board pursuant to subdivision (

b) of

Section that specifies the expenditure of toll revenues.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Payments pursuant to an agreement under

Section 31483.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Consistent with applicable federal and state laws, toll revenues may be used to assist in the maintenance of the South Bay International Boundary and Water Commission sewage treatment facility and the development of additional sanitation infrastructure projects related to the Tijuana River pursuant to an agreement with the federal government.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>The repayment of bond obligations shall take priority over other allocations of toll revenues under this chapter.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_105B4183-3C90-46A3-AC46-8EF1EA0F5E41"><caml:Num>SEC. 3.</caml:Num><caml:Content><xhtml:p>The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of

Section of

Article IV of the California Constitution because of the unique need to mitigate the sewage crisis in the County of San Diego by funding the maintenance of the South Bay International Boundary and Water Commission sewage treatment facility.</xhtml:p></caml:Content></caml:BillSection>"?>