H. Rept. 116-294 - COASTAL STATE CLIMATE PREPAREDNESS ACT OF 2019116th Congress (2019-2020)
Committee Report
Hide Overview| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3541 |
| Committees: | House Natural Resources Committee |
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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-294
======================================================================
COASTAL STATE CLIMATE PREPAREDNESS ACT OF 2019
_______
November 15, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3541]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3541) to amend the Coastal Zone Management Act
of 1972 to require the Secretary of Commerce to establish a
coastal climate change adaptation preparedness and response
program, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
Purpose of the Bill
The purpose of H.R. 3541 is to amend the Coastal Zone
Management Act of 1972 to require the Secretary of Commerce to
establish a coastal climate change adaptation preparedness and
response program, and for other purposes.
Background and Need for Legislation
Climate change is impacting coastal communities around the
country. Impacts of climate change vary across regions, making
awareness of local vulnerabilities critical for mitigation
efforts. Adaptation plans can help states and communities
better understand their local risk to climate change, thereby
enabling them to successfully anticipate, plan, and adapt to
changing conditions.
H.R. 3541 designates funds specifically to be used for
climate preparedness planning under the Coastal Zone Management
Act (CZMA). The CZMA provides a number of avenues through which
states and local communities can address the impacts of climate
change and ensure that access to key coastal areas is protected
in the face of rising seas and other threats from climate
change.
Through its various provisions, the CZMA authorizes
participating states to submit their coastal management program
to the Secretary of Commerce for approval and authorizes grants
to implement these programs. States are also authorized to
purchase ecologically sensitive coastal areas and redevelop
urban waterfronts. The CZMA establishes funds that provide
loans to address regional issues and respond to emergencies and
disasters and enhance the environment and resilience of the
coastal zone.
H.R. 3541 creates a new section under the CZMA to provide
technical and financial assistance for climate adaptation
preparedness and response. Comprehensive adaptation plans
through the CZMA will help states better understand the scope
of the threat, identify state-wide costs, and develop local
strategies to ensure safety for their residents.
Committee Action
H.R. 3541 was introduced on June 27, 2019, by
Representative Salud Carbajal (D-CA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Oceans, and Wildlife.
On July 25, 2019, the Subcommittee on Water, Oceans, and
Wildlife held a hearing on the bill. On September 25, 2019, the
Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. No amendments
were offered. The bill was ordered favorably reported to the
House of Representatives by a roll call vote of 20 yeas and 15
nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop or
consider H.R. 3541: the Subcommittee on Water, Oceans, and
Wildlife held a legislative hearing on July 25, 2019.
Section-by-Section Analysis
Section 1. Short title
Section 2. This section amends the CZMA to create a Climate Change
Adaptation Preparedness and Response Program. The program
provides technical and financial support for states with
coastal zone management plans to develop comprehensive coastal
climate change adaptation plans.
Plans must: (1) identify resources, facilities, and coastal
water uses likely to be impacted by climate change; (2) develop
adaptive management strategies for land use and ocean-based
ecosystems and resources to respond to changing conditions; and
(3) initiate and maintain long-term monitoring of environmental
conditions.
Grants are authorized to any coastal state with an approved
climate adaptation plan for the purpose of supporting projects
that implement strategies outlined in state adaptation plans.
Eligible activities include: (1) activities that address
physical disturbances within the coastal zone; (2) monitoring,
control, or eradication of invasive species and disease
organisms; (3) activities to address the loss, degradation, and
fragmentation of wildlife habitats; (4) projects that reduce
natural hazards impacts; (5) adapting existing infrastructure;
or (6) providing technical training and assistance.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3541, the Coastal
State Climate Preparedness Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 3541 would authorize the appropriation of whatever
amounts are necessary for the National Oceanic and Atmospheric
Administration (NOAA) to provide grants to coastal states
participating in the Coastal Zone Management (CZM) program to
develop and implement plans to adapt to climate change. In
2019, 34 coastal states participated in the program and NOAA
allocated $119 million to the program for grants, technical
assistance, and administrative costs.
Because climate resilience is a focus of the CZM program
under current law, CBO expects that grants provided under H.R.
3541 would be used to supplement funding provided under the
current CZM program for developing the climate resiliency of
coastal infrastructure and habitats. CBO also expects that
states' participation in the grant programs under H.R. 3541
would be proportionate to their participation in the current
CZM program. On that basis, CBO estimates that the additional
planning activities called for under the bill would increase
the size of the CZM program by around 25 percent.
Using information on the funding provided to the CZM
program in 2019 and accounting for anticipated inflation, CBO
estimates that implementing the bill would cost $114 million
over the 2020-2024 period, assuming appropriation of the
necessary amounts. The costs of the legislation, detailed in
Table 1, fall into budget function 300 (natural resources and
environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3541
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------
2020 2021 2022 2023 2024 2020-2024
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Estimated Authorization........................................... 30 31 32 33 34 160
Estimated Outlays................................................. 6 18 26 32 32 114
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The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to amend the Coastal Zone
Management Act of 1972 to require the Secretary of Commerce to
establish a coastal climate change adaptation preparedness and
response program.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The Coastal Climate Change
Adaptation Planning and Preparedness Grant Program established
by the bill is related and complementary to, but not
duplicative of, the following programs identified in the most
recent Catalog of Federal Domestic Assistance published
pursuant to 31 U.S.C. Sec. 6104: Coastal Zone Management
Administration Awards (CFDA No. 11.419), Office for Coastal
Management (CFDA No. 11.473), and Habitat Conservation (CFDA
No. 11.463).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
COASTAL ZONE MANAGEMENT ACT OF 1972
TITLE III--MANAGEMENT OF THE COASTAL ZONE
* * * * * * *
authorization of appropriations
Sec. 318. (a) There are authorized to be appropriated to the
Secretary, to remain available until expended--
(1) for grants under sections 306, 306A, and 309--
(A) $47,600,000 for fiscal year 1997;
(B) $49,000,000 for fiscal year 1998; and
(C) $50,500,000 for fiscal year 1999; [and]
(2) for grants under section 315--
(A) $4,400,000 for fiscal year 1997;
(B) $4,500,000 for fiscal year 1998; and
(C) $4,600,000 for fiscal year 1999[.]; and
(3) for grants under section 320, such sums as are
necessary.
(b) Federal funds received from other sources shall not be
used to pay a coastal state's share of costs under section 306
or 309.
(c) The amount of any grant, or portion of a grant, made to a
State under any section of this Act which is not obligated by
such State during the fiscal year, or during the second fiscal
year after the fiscal year, for which it was first authorized
to be obligated by such State shall revert to the Secretary.
The Secretary shall add such reverted amount to those funds
available for grants under the section for such reverted amount
was originally made available.
* * * * * * *
CLIMATE CHANGE ADAPTATION PREPAREDNESS AND RESPONSE PROGRAM
Sec. 320. (a) In General.--The Secretary shall establish,
consistent with the national policies set forth in section 303,
a coastal climate change adaptation preparedness and response
program to--
(1) provide assistance to coastal States to
voluntarily develop coastal climate change adaptation
plans, pursuant to approved management programs
approved under section 306, to minimize contributions
to climate change and to prepare for and reduce the
negative consequences that may result from climate
change in the coastal zone; and
(2) provide financial and technical assistance and
training to enable coastal States to implement plans
developed pursuant to this section through coastal
States' enforceable policies.
(b) Coastal Climate Change Adaptation Planning and
Preparedness Grants.--
(1) In general.--The Secretary, subject to the
availability of appropriations, may make a grant to any
coastal State for the purpose of developing climate
change adaptation plans pursuant to guidelines issued
by the Secretary under paragraph (8).
(2) Plan content.--A plan developed with a grant
under this subsection shall include the following:
(A) Identification of public facilities and
public services, working waterfronts, coastal
resources of national significance, coastal
waters, energy facilities, or other land and
water uses located in the coastal zone that are
likely to be impacted by climate change.
(B) Adaptive management strategies for land
use to respond or adapt to changing
environmental conditions, including strategies
to protect biodiversity, protect water quality,
and establish habitat buffer zones, migration
corridors, and climate refugia.
(C) Adaptive management strategies for ocean-
based ecosystems and resources, including
strategies to plan for and respond to
geographic or temporal shifts in marine
resources, to create protected areas that will
provide climate refugia, and to maintain and
restore ocean ecosystem function.
(D) Requirements to initiate and maintain
long-term monitoring of environmental change to
assess coastal zone adaptation and to adjust
when necessary adaptive management strategies
and new planning guidelines to attain the
policies under section 303.
(E) Other information considered necessary by
the Secretary to identify the full range of
climate change impacts affecting coastal
communities.
(3) State hazard mitigation plans.--Plans developed
with a grant under this subsection shall be consistent
with State hazard mitigation plans and natural disaster
response and recovery programs developed under State or
Federal law.
(4) Allocation.--Grants under this subsection shall
be available only to coastal States with management
programs approved by the Secretary under section 306
and shall be allocated among such coastal States in a
manner consistent with regulations promulgated pursuant
to section 306(c).
(5) Priority.--In the awarding of grants under this
subsection, the Secretary may give priority to any
coastal State that has received grant funding to
develop program changes pursuant to paragraphs (1),
(2), (3), (5), (6), (7), and (8) of section 309(a).
(6) Technical assistance.--The Secretary may provide
technical assistance to a coastal State consistent with
section 310 to ensure the timely development of plans
supported by grants awarded under this subsection.
(7) Federal approval.--In order to be eligible for a
grant under subsection (c), a coastal State must have
its plan developed under this subsection approved by
the Secretary.
(8) Guidelines.--Within 180 days after the date of
enactment of this section, the Secretary, in
consultation with the coastal States, shall issue
guidelines for the implementation of the grant program
established under this subsection.
(c) Coastal Climate Change Adaptation Project Implementation
Grants.--
(1) In general.--The Secretary, subject to the
availability of appropriations, may make grants to any
coastal State that has a climate change adaptation plan
approved under subsection (b)(7), in order to support
projects that implement strategies contained within
such plans.
(2) Program requirements.--The Secretary, within 90
days after approval of the first plan approved under
subsection (b)(7), shall publish in the Federal
Register requirements regarding applications,
allocations, eligible activities, and all terms and
conditions for grants awarded under this subsection. No
less than 30 percent, and no more than 50 percent, of
the funds appropriated in any fiscal year for grants
under this subsection shall be awarded through a merit-
based competitive process.
(3) Eligible activities.--The Secretary may award
grants to coastal States to implement projects in the
coastal zone to address stress factors in order to
improve coastal climate change adaptation, including
the following:
(A) Activities to address physical
disturbances within the coastal zone,
especially activities related to public
facilities and public services, tourism,
sedimentation, ocean acidification, and other
factors negatively impacting coastal waters.
(B) Monitoring, control, or eradication of
disease organisms and invasive species.
(C) Activities to address the loss,
degradation, or fragmentation of wildlife
habitat through projects to establish or
protect marine and terrestrial habitat buffers,
wildlife refugia, other wildlife refuges, or
networks thereof, preservation of migratory
wildlife corridors and other transition zones,
and restoration of fish and wildlife habitat.
(D) Projects to reduce, mitigate, or
otherwise address likely impacts caused by
natural hazards in the coastal zone, including
sea level rise, coastal inundation, storm water
management, coastal erosion and subsidence,
severe weather events such as cyclonic storms,
tsunamis and other seismic threats, and
fluctuating Great Lakes water levels. The
Secretary shall give priority to projects that
utilize green infrastructure solutions.
(E) Projects to adapt existing
infrastructure, including enhancements to both
built and natural environments.
(F) Provision of technical training and
assistance to local coastal policy makers to
increase awareness of science, management, and
technology information related to climate
change and adaptation strategies.
(4) Promotion and use of national estuarine research
reserves.--The Secretary shall promote and encourage
the use of National Estuarine Research Reserves as
sites for pilot or demonstration projects carried out
with grants awarded under this section.
DISSENTING VIEWS
Congress enacted the Coastal Zone Management Act (CZMA) to
``preserve, protect, develop, and where possible, to restore or
enhance the resources of the nation's coastal zone.''\1\
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\1\16 U.S.C. 1452.
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H.R. 3541 creates yet another grant program within the
CZMA. It directs the Secretary of Commerce to administer
climate change adaptation project implementation grants to
States that have adaptation plans approved by the Secretary.
During the legislative hearing on this bill, the National
Oceanic and Atmospheric Administration (NOAA) testified that
under the CZMA, coastal states already have discretion to use
funding to develop and implement adaptation plans.\2\ NOAA even
provided an example from California, the bill sponsor's State,
on how this flexibility already exists. This legislation either
ignores the facts or shows a lack of understanding of how the
CZMA works.
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\2\Written Testimony by RDML Tim Gallaudet, Deputy NOAA
Administrator, Hearing July 25, 2019.
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Even worse, the bill includes an unlimited, open-ended
authorization of appropriations to carry out this duplicative
grant program. This legislation is redundant and completely
fiscally irresponsible and for these reasons, we oppose this
legislation.
Rob Bishop.
Jody B. Hice.
Mike Johnson.
Kevin Hern.
[all]