BILL ANALYSIS

H.B. 977

By: Burnam

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Observers report that there appears to be general agreement among the majority of climate scientists that the climate is changing.  Observers note that the effects of climate change are likely to be varied, ranging from rising temperatures and sea levels to an increased frequency of severe weather. Other potential consequences have been noted, among them more frequent and harder to manage forest fires and a scarcity of fresh water.  Interested parties contend that Texas is likely to experience some of these consequences, and the parties relate that the Texas state climatologist has noted that it would be irresponsible not to plan for climbing temperatures. 

The interested parties further assert that specific effects of climate change on different sectors of state government will vary from sector to sector.  The parties report, for instance, that the potential impact of climate change on the Department of Agriculture will differ from the impacts on the Texas Department of Housing and Community Affairs and that both of those entities have different concerns than the Public Utility Commission of Texas.

H.B. 977 seeks to address the various issues attendant to the potential change in climate by requiring certain entities to develop climate adaptation plans as part of long-term planning processes.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 977 amends the Health and Safety Code to require  each of the following entities to develop and publish, not later than September 1, 2012, and before the end of each successive four-year period after that date, a climate adaptation plan that will assess the entity's role with respect to climate change: the Department of Agriculture; each independent organization certified under provisions of law relating to essential organizations; the Texas Commission on Environmental Quality (TCEQ); the General Land Office; the Texas Department of Housing and Community Affairs; the Texas Department of Insurance; the Parks and Wildlife Department; the Department of Public Safety of the State of Texas; the Public Utility Commission of Texas; the office of the comptroller; the Texas Forest Service; and the Texas Water Development Board.

H.B. 977 establishes that a climate adaptation plan, for the purposes of the bill's provisions, is a strategy to identify, minimize, and adequately prepare for the effects of climate change on the social, economic, and ecological systems of this state and to manage the risks associated with a changing climate.

H.B. 977 requires a climate adaption plan to be based on current peer-reviewed climate science that identifies the likely impacts of rising ambient temperatures, rising sea levels, and changes in precipitation patterns on Texas. The bill requires each climate adaptation plan to include a climate change vulnerability assessment; a review of existing programs in the context of anticipated changing climate conditions; specific steps necessary for the entity to fulfill its mission during the anticipated climate change; an analysis of the effects implementing such steps would have on the entity's budget during the next 5 and 10 years; potential sources of funding to support the entity's efforts to adapt to climate change; a statewide strategy to monitor the continuing effects that climate change may have on the entity's ability to fulfill the entity's missions; and a written statement by the Texas state climatologist regarding the adequacy of the scientific basis of the plan.  The bill requires each entity subject to the bill's provisions, in developing a climate adaptation plan, to consider the most current assessment reports created by the United States Global Change Research Program and to consult with the Texas state climatologist or another climate expert employed at a Texas institution of higher education or nonprofit research institution.

H.B. 977 requires each entity required to develop and publish a climate adaption plan as required by the bill to post the entity's plan on a publicly accessible Internet website and electronically submit a copy of the plan, not later than September 1, 2012, and before the end of each successive four-year period after that date, to the governor, lieutenant governor, and speaker of the house of representatives; the presiding officer of each standing committee or subcommittee of the legislature with primary jurisdiction over environmental matters; and the executive director of TCEQ. The bill establishes that each climate adaptation plan is subject to audit by the state auditor in accordance with provisions of law relating to that office.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.