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HomeMy WebLinkAboutBOARD STANDING COMMITTEES - 02282022 - Sustainability Cte Min CONTRA COSTA COUNTY SUSTAINABILITY COMMISSION An Advisory Body to the Board of Supervisors February 28, 2022, 5:00 P.M. **Meeting Remotely Until Further Notice** To slow the spread of COVID-19, in lieu of a public gathering, the Sustainability Commission meeting will be accessible via live streaming to all members of the public as permitted by Government Code section 54953(e). PERSONS WHO WISH TO ADDRESS THE SUSTAINABILITY COMMISSION DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM ON THE AGENDA please “raise your hand” in the Zoom app. You may also send written comments to Sustainability@dcd.cccounty.us. Wes Sullens, Member, District 4, Vice Chair Sarah Foster, At-Large, Environmental Justice, Vice Chair Nick Despota, Member, District 1 Shoshana Wechsler, Alternate, District 1 Victoria Smith, Member, District 2, Chris Easter, Alternate, District 2 Mike Moore, Member, District 3 Samantha Moy, Alternate, District 3 Brandon Matson, Alternate, District 4 Charles Davidson, Member, District 5 Renee Fernandez-Lipp, Alternate, District 5 Luz Gomez, At-Large, Community Group Howdy Goudey, At-Large, Community Group Chuck Leonard, At-Large, Business Marisha Farnsworth, At-Large, Business Isabella Zizi, At-Large, Environmental Justice Kim Hazard, At-Large, Education Agenda Items: Items may be taken out of order based on business of the day & preference of the Commission. Please click the link below to join the webinar: https://cccounty-us.zoom.us/j/85863103248 Or Telephone, Dial: USA 214 765 0478 US Toll USA 888 278 0254 US Toll-free Conference code: 841892 1. Call to Order and Introductions 2. Public Comment 3. APPROVE Record of Action for December 13, 2021, meeting 4. ELECT OFFICERS for the Sustainability Commission for 2022 5. ADOPT CALENDAR for 2022 6. RECEIVE UPDATE and DISCUSS Recommended Definition for “Sustainability” 7. RECEIVE UPDATE and DISCUSS Recommendation from Green Building Working Group 8. RECEIVE UPDATE on Status of In-Person Meetings of Sustainability Commission and DISCUSS Options 9. RECEIVE UPDATE on and DISCUSS Implementation of Climate Emergency Resolution 10. RECEIVE Reports from Sustainability Commission members and alternates, and PROVIDE DIRECTION as needed 11. RECEIVE Report from Sustainability Coordinator 12. RECEIVE Report from Sustainability Commission Chair and IDENTIFY TOPICS for next report to Sustainability Committee 13. The next meeting is currently scheduled for April 25, 2022. 14. Adjourn Sustainability Commission, Feb. 28, 2022 Page 1 of 56 The Sustainability Commission will provide reasonable accommodations for persons with disabilities planning to attend Commission meetings. Contact the staff person listed below at least 72 hours before the meeting. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of members of the Commission less than 96 hours prior to that meeting are available for public inspection at 30 Muir Road, Martinez, CA during normal business hours. Staff reports related to items on the agenda are also accessible on line at www.co.contra-costa.ca.us. Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time. For Additional Information Contact: Jody London, Commission Staff Phone (925) 655-2815 · Fax (925) 655-2750 · jody.london@dcd.cccounty.us Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in meetings of its Board of Supervisors and Committees. Following is a list of commonly used abbreviations that may appear in presentations and written materials at meetings of the Ad Hoc Sustainability Committee: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BAYREN Bay Area Regional Energy Network BGO Better Government Ordinance (Contra Costa County) BOS Board of Supervisors CALTRANS California Department of Transportation AO County Administrative Officer or Office CAP Climate Action Plan CARB California Air Resources Board CCA Community Choice CCE Community Choice Energy Aggregation CCWD Contra Costa Water District CEQA California Environmental Quality Act CSA County Service Area CSAC California State Association of Counties DCC Delta Counties Coalition DCD Contra Costa County Dept. of Conservation & Development DPC Delta Protection Commission DSC Delta Stewardship Council DWR California Department of Water Resources EBEW East Bay Energy Watch EBMUD East Bay Municipal Utility District EIR Environmental Impact Report (a state requirement) EIS Environmental Impact Statement (a federal requirement) FTE Full Time Equivalent FY Fiscal Year GHG Greenhouse Gas GGRF Greenhouse Gas Reduction Funds GIS Geographic Information System HSD Contra Costa County Health Services Department IPM Integrated Pest Management JPA/JEPA Joint (Exercise of) Powers Authority or Agreement LAMORINDA Area of Lafayette-Moraga-Orinda MAC Municipal Advisory Council MBE Minority Business Enterprise MOA Memorandum of Agreement MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Protection Act PDA Priority Development Area PV Photovoltaic PWD Contra Costa County Public Works Department RDA Redevelopment Agency or Area RFI Request For Information RFP Request For Proposals RFQ Request For Qualifications SB Senate Bill SGC Strategic Growth Council SR2S Safe Routes to Schools TWIC Transportation, Water, and Infrastructure Committee U.S. EPA United States Environmental Protection Agency WBE Women-Owned Business Enterprise Sustainability Commission, Feb. 28, 2022 Page 2 of 56 Contra Costa County Sustainability Commission 3. Meeting Date: 02/28/2022 Subject: APPROVE Record of Action for December 13, 2021, Sustainability Commission Meeting. Department: Conservation & Development Presenter: Jody London, DCD Contact: Jody London (925) 674-7871 Referral History: County Ordinance (Better Government Ordinance 95-6, Article 25-205, [d]) requires that each County Body keep a record of its meetings. Though the record need not be verbatim, it must accurately reflect the agenda and the decisions made in the meeting. Referral Update: Any handouts or printed copies of testimony distributed at the meeting will be attached to this meeting record. Links to the agenda and minutes will be available at the Committee web page, to be announced. Recommendation(s)/Next Step(s): Staff recommends approval of the attached Record of Action for the December 13, 2021, Sustainability Commission Meeting with any necessary corrections. Fiscal Impact (if any): N/A 12-13-21 Record of Action Attachments Sustainability Commission, Feb. 28, 2022 Page 3 of 56 Record of Action CONTRA COSTA COUNTY SUSTAINABILITY COMMISSION An Advisory Body to the Board of Supervisors December 13, 2021, 5:00 P.M. Wes Sullens, Member, District 4, Chair Sarah Foster, At-Large, Environmental Justice, Vice Chair Nick Despota, Member, District 1 Shoshana Wechsler, Alternate, District 1 Victoria Smith, Member, District 2, Chris Easter, Alternate, District 2 Mike Moore, Member, District 3 Samantha Moy, Alternate, District 3 Brandon Matson, Alternate, District 4 Charles Davidson, Member, District 5 Renee Fernandez-Lipp, Alternate, District 5 Luz Gomez, At-Large, Community Group Howdy Goudey, At-Large, Community Group Chuck Leonard, At-Large, Business Marisha Farnsworth, At-Large, Business Isabella Zizi, At-Large, Environmental Justice Kim Hazard, At-Large, Education Agenda Items: Items may be taken out of order based on business of the day & preference of the Commission Present: Wes Sullens Sarah Foster Nick Despota Mike Moore Victoria Smith Brandon Matson Chuck Leonard Wes Sullens Marisha Farnsworth Charles Davidson Renee Fernandez-Lipp Luz Gomez Shoshana Wechsler Chris Easter Samantha Moy Kim Hazard Absent: Howdy Goudey Isabella Zizi Staff Present: Jody London, Sustainability Coordinator, Department of Conservation and Development Demian Hardman, Senior Planner, Department of Conservation and Development Savannah McCarthy, Climate Corps Fellow, Department of Conservation and Development Jamar Stamps, Department of Conservation and Development Michael Kent, Health Services Department Maureen Toms, Department of Conservation and Development Paul Detjens, County Flood Control District Attendees: Harriet Ross, Delta Stewardship Council Sarah Farnsworth, Delta Stewardship Council Dana Brechwald, Bay Conservation and Development Commission Jan Warren Jackie Garcia Mann Victoria Smith Sue Block 350 Contra Costa Brenna Shafizadeh Sustainability Commission, Feb. 28, 2022 Page 4 of 56 Carol Weed 1. Call to Order and Introductions Wes Sullens called the meeting to order. 2. Public Comment None. 3. APPROVE Record of Action for October 25, 2021 meeting. MOTION: Moore SECOND: Leonard. The Record of Action was approved unanimously. 4. RECEIVE presentations from Bay Area Conservation and Development Commission and Delta Stewardship Council on rising water levels and climate change, and PROVIDE DIRECTION to County staff, as needed. Harriet Ross, Delta Stewardship Council (DSC), and Sarah Farnsworth (SeaGrant Fellow) presented the Commission with Delta Adapts, the DCS’s Climate Change Study. Farnsworth reviewed the implementation of the State’s coequal goals, which protects the Delta as an evolving place. Serving 27 million people, 2/3 of CA residents get water in some way from the Delta. The Suisun Marsh overlaps in jurisdiction with Contra Costa County and the Delta Stewardship Council. Farnsworth presented an overview of Delta Adapts, including (part 1) a vulnerability assessment and (part 2) an adaptation strategy. She reviewed action in the Delta, which include engagement with community-based organizations, technical advisory committee, and a stakeholder working group of which Contra Costa County is a part. Through this, climate stressors and hazards, rising sea level, and temperature change are addressed. Ross covered findings of the study, which include an equity analysis to identify those communities most vulnerable to climate change in the Delta. 14 indicators (such as access to vehicles and young adults living at home) were developed to create a social vulnerability index. The socially vulnerable communities to flooding and extreme heat include Stockton, East Contra Costa County, and parts of West Sacramento. The goal is to focus community engagement in these areas. So far, the DSC has hosted 3 community workshops. Ross raised the point that the Delta flood hazard map shows flood prediction over time. This is based on the levees overtopping, not failing. By 2030, 65% of the flooding is expected to occur in socially vulnerable communities. With these dangers of flooding and extreme heat, the infrastructure itself is also put at risk. Energy and utilities, transportation, and water supply infrastructure will be impacted. Ross then discussed the adaptation phase which began with stakeholder outreach in Fall 2021 and will end with adaption strategy in summer 2023. The DSC’s authority will focus on four focus groups: water supply, ecosystem, agriculture, and flooding. Their next step is to reach out to organizations in East Contra Costa County to design a workshop. Ross encouraged Commission members to join one of these focus groups and to sign up to receive further information. Next, Dana Brechwald, Adapting to Rising Tides Program, Bay Conservation and Development Commission (BCDC) presented on the Adapting to Rising Tides (ART) project. As a sister agency of Delta Stewardship Council, BCDC provides local jurisdiction assistance for adaptation planning to the Bay shoreline. West and East Contra Costa County projects include sea level rise and flooding vulnerability assessments to inform adaptation strategies. Other focal points of Brechwald’s presentation included region-specific flood mapping tools, creek vulnerability to sea level rise, parks and open space, and railways. Overall, through the social vulnerability studies of the Bay Adapt project, hundreds of people have been engaged. The goal is to create an environment that leads to faster and more equitable adaptation, including regulatory streamlining so permits can be issued faster. Brechwald encouraged the Commission to write a letter of support endorsing Bay Adapt, and/or advise the Board of Supervisors to do so. Sustainability Commission, Feb. 28, 2022 Page 5 of 56 Next, the Commission engaged in a Jamboard activity. See Jamboard attachment. Main topics of discussion included the following comments: • Clarification regarding freshwater being released to counter salinity in the Delta. Ross clarified this comes from upstream of Delta in reservoirs. Drought impacts this, as there will be less water to release. • East versus West County projects. East County old DuPont site, as contaminated land. Brechwald reassured that industrial sites were incorporated in the study. • Heavy metals and sulfuric acid in West County BCDC jurisdiction land. Big issue to know that BCDC is trying to get a handle on it, but not optimistic. Multiple agency involvement makes it hard for communities to follow. Brechwald reassured environmental justice policies in place. • There is little engagement in West Contra Costa County; why was engagement so low? Brechwald responded by saying the current strategy is to go through the working group, rather than go to community groups. • Question about Delta hydraulic modeling differences between the two organizations. This modeling is indeed separate, but similar. Questions answered from Jamboard: • Ross: DSC doesn’t permit or fund, that’s what BCDC does. With over 200 authorities in the Delta and a rich agricultural heritage, DSC works as the collaborator for the study, setting up for future projects to be funded. Currently, County stakeholders are the bridge between the Council and the general public. • Brechwald: Groundwater wasn’t included in study. BCDC emphasizes putting nature first wherever possible, along with housing policy planning. Nature based solutions possible, build in migration space, etc. not always feasible solution. It’s also crucial to reconcile housing needs with sea level rise. Public comment: Climate Action Plan should include BCDC data. Delta impacted algae bloom, trying to get a handle on who is working on what. Think about longer term because a lot of these projects can take 10 years. Commission’s next steps include: • Shoshana Wechsler to advocate for Delta Stewardship Council • Nick Despota to receive reports from agency indicating priority for action • Mike Moore, because District 3 is closest to the Delta, will work on outreach and report back to the Commission. • Chris Easter suggests that because the Board looks at optimization of coastline in terms of wetlands, a project pertaining to the benefits of carbon sequestration capacity of the wetlands may be of interest. • The Commission agreed to produce a letter of support for Bay Adapts, for which will seek approval next meeting, and then send to the Board. 5. REVIEW and Possible ADOPTION of Sustainability Commission 2021 Annual Report and 2022 Work Plan Comment from Commission: Fire resiliency is missing from the work plan, would like to get presentation on the schedule. Building electrification in progress. Reminder to discuss upcoming retiring Commission members. In terms of diesel on ships, consider the possibility of having electric or biodiesel instead. Public comment: Great work on EV readiness and blueprint implementation. However, need to be more specific instead of broad generalizations. Not just need more EV’s, we need to figure out how to build and install Sustainability Commission, Feb. 28, 2022 Page 6 of 56 in multifamily residences. Same goes for electrification. MOVES: Smith SECOND: Moore. Sustainability Commission 2021 Annual Report and 2022 Work Plan passes unanimously. 6. REVIEW and Possible ADOPTION of Climate Action Plan Progress Report for 2021 Jody London, DCD, presents Report. Commissioners discussed the draft Report. Commission comment on 1.1 BayREN Projects decline. Potentially remove graph 2. Staff suggests reason for declining numbers may be due to COVID-19. Commission is receptive but suggests these declining numbers shouldn’t be highlighted on a graph. 4.2 Groundwater Sustainability Plan has not been approved by CA Department of Water Resources. DCD needs to clarify this in Report. 5.2 County fleet percentage seems low, so add clarification. Figure 11, clarify that it is from MCE. Correct that this is 2020 Climate Emergency Resolution, not 2021 in the Executive Summary. Public Comment: Add language to the conclusion for the direction, i.e., “County will be adopting new Climate Action Plan that will go into effect 2023.” London will include this. MOVES: Hazard SECOND: Despota. 2021 Climate Action Plan Progress Report passes unanimously. 7. RECEIVE UPDATE on and DISCUSS Implementation of Climate Emergency Resolution Jody London provides update on the Interdepartmental Climate Action Task Force. With the help from a Steering Committee, the launch of the Green Government Champions is in progress. This program aims to help departments implement the Best Practices from the Green Business Program. Stay tuned! In terms of the Just Transition, currently waiting for Federal budget to be approved for the earmark funds. Building electrification ordinance goes to the Board tomorrow, and a public hearing is set for January. Carbon sequestration feasibility study has kicked off, more to report in January. Commission Comment: • With reference to Just Transition funding, what about state funding? London said the County is tracking State funding. • SB 162 passed in September, and County should get in on this money. London responded that the County sent a letter to the State arguing that Contra Costa County should not be grouped in with the rest of the Bay Area. No response has been received to date. No public comment. 8. RECEIVE Reports from Sustainability Commission members and alternates, and PROVIDE DIRECTION as needed. Brandon Matson: Working group to define “sustainability” has completed its work. Preparing to come back at a future meeting. Kim Hazard: Invites people to review Integrated Pest Management annual report when its available. 9. RECEIVE Report from Sustainability Coordinator. Sustainability Commission, Feb. 28, 2022 Page 7 of 56 Jody London reports that Measure X has passed and will provide funding to sustainability efforts within the County, the Groundwater Sustainability Plan was approved by Board in December, the new residential construction electrification ordinance is going to the Board tomorrow, SB 1383 requirements will move ahead on Board’s agenda, and the G3 Champions program is in the planning stages. London also updated on the Vision Zero Plan, the Active Transportation Plan, and General Plan update which have been focal points for County staff. 10. RECEIVE Report from Sustainability Commission Chair and IDENTIFY TOPICS for next report to Ad Hoc Committee on Sustainability. Sullens had nothing to report out. Het commented on the previous presentations being useful. Sullens also noted that the end of his term is approaching. 11. The next meeting is currently scheduled for February 28, 2022. Confirmed. 12. Adjourn Sustainability Commission, Feb. 28, 2022 Page 8 of 56 Sustainability Commission, Feb. 28, 2022 Page 9 of 56 Sustainability Commission, Feb. 28, 2022 Page 10 of 56 Sustainability Commission, Feb. 28, 2022 Page 11 of 56 Contra Costa County Sustainability Commission 4. Meeting Date: 2/28/2022 Subject: ELECT OFFICERS for the Sustainability Commission for 2022 Department: Conservation and Development Presenter: Jody London, Department of Conservation and Development Contact: Jody London, Department of Conservation and Development Referral History: On August 28, 2017, the Sustainability Commission adopted Bylaws. These Bylaws were approved by the Board of Supervisors on September 26, 2017. Section IV.A of the Bylaws regarding Organization states: “The Commission shall annually at its first meeting in the calendar year elect its Chair and Vice-Chair.” The duties of the Chair are defined in the Bylaws as conducting meetings, developing agenda, and serving as the official spokesperson for the Commission. The duties of the Vice-Chair are defined as acting for the Chair in the Chair’s absence. Referral Update: The February 28, 2022, meeting is the first meeting in the calendar year of the Sustainability Commission. It is therefore the meeting at which the Commission should elect its officers for 2022. Recommendation(s)/Next Step(s): ELECT OFFICERS for the Sustainability Commission for 2022. Fiscal Impact (if any): N/A. ATTACHMENT(S) N/A Sustainability Commission, Feb. 28, 2022 Page 12 of 56 Contra Costa County Sustainability Commission 5. Meeting Date: 2/28/2022 Subject: ADOPT CALENDAR for 2022 Department: Conservation and Development Presenter: Jody London, Sustainability Coordinator Contact: Jody London, Department of Conservation and Development Referral History: N/A Referral Update: The Sustainability Commission meets on the fourth Monday in the months of February, April, June, August, October, and December. In the alternate months, the Sustainability Committee of the Board of Supervisors holds its meetings. The Sustainability Committee has the option to modify a meeting date. Given the winter break, staff recommends the attached meeting calendar for 2022; the Commission should indicate whether it prefers to hold the December meeting on December 12 or 19. The calendar lists potential topics for meetings, with room for the calendar to evolve as the year progresses. Recommendation(s)/Next Step(s): ADOPT CALENDAR for 2022 Fiscal Impact (if any): N/A. ATTACHMENT(S) Sustainability Commission 2022 Calendar Sustainability Commission, Feb. 28, 2022 Page 13 of 56 Sustainability Commission DRAFT Calendar Subject to revision Meeting Date Topic February 28, 2022 Elect Officers for 2022 Set Meeting Dates for 2022 Sustainability Definition (Brandon Matson) Low-Carbon Building Materials Report (Nick Despota) Status of in-person meetings Climate Action Plan Update* Climate Emergency Resolution Update* April 25, 2022 Sustainability Aspects of General Plan CAP Review?? Climate Action Plan Update* Climate Emergency Resolution Update* June 27, 2022 Carbon Sequestration Feasibility Study - Overview CAP Review?? Climate Action Plan Update* Climate Emergency Resolution Update* August 22, 2022 Existing Building Electrification Update Federal infrastructure $$ and sustainability in CoCoCo Jobs, labor, equity, and economic transition ?? Climate Action Plan Update* Climate Emergency Resolution Update* October 24, 2022 Climate Action Plan Update* Climate Emergency Resolution Update* December 12, 2022 Review and Adopt 2022 Annual Report and 2023 Work Plan OR Review and Adopt Climate Action Plan Progress Report December 19, 2022 Climate Action Plan Update* Climate Emergency Resolution Update* * Standing Item Topics identified in 2022 Work Plan: • General Plan Update, particularly integrating equity and environmental justice • Climate Action Plan  update • Implementation of the Climate Emergency Resolution • Just Transition of oil refineries on the Contra Costa County shoreline • A definition of “sustainability” to use in developing the update to the Climate Action • Electric Vehicle Readiness Blueprint implementation • Advocacy on issues related to the Climate Action Plan • Potential health impacts of climate change • Issues in the Climate Action Plan, including water conservation and drought; land  use and public transportation, including pedestrian and bicycle access; energy  efficiency and renewable energy; and recycling and composting. • Increasing resilience to climate‐related disasters and incidents, including the  Adapting to Rising Tides studies for Eastern Contra Costa County and the Bay Area  region, wild fires, and Public Safety Power Shutoffs Sustainability Commission, Feb. 28, 2022 Page 14 of 56 Sustainability Commission DRAFT Calendar Subject to revision • Building electrification • Carbon‐neutral building materials • Outreach and education on sustainability to Contra Costa County residents and bus Sustainability Commission, Feb. 28, 2022 Page 15 of 56 Contra Costa County Sustainability Commission 6. Meeting Date: February 28, 2022 Subject: RECEIVE UPDATE and DISCUSS Recommended Definition for “Sustainability” Presenter: Brandon Matson, Sustainability Commission Contact: Jody London, DCD Referral History: At its August 23, 2021, meeting the Sustainability Commission formed a working group to explore developing a definition of “sustainability.” The goal would be a shared standard for assessing options and advising the Board of Supervisors. The Commission formed a working group of Brandon Matson, Renee Fernandez-Lipp, and Chuck Leonard. Referral Update: The attached report provides the research and recommendations of the working group. Recommendation(s)/Next Step(s): RECEIVE UPDATE and DISCUSS Recommended Definition for “Sustainability” Fiscal Impact (if any): N/A. ATTACHMENT(S) Presentation from the Ad Hoc Working Group on Defining Sustainability Sustainability Commission, Feb. 28, 2022 Page 16 of 56 Defining “Sustainability” Presentation from the Ad Hoc Working Group on Defining Sustainability Sustainability Commission, Feb. 28, 2022 Page 17 of 56 Why define “Sustainability” •Defining terms is an important fundamental step when discussing complex topics •Promotes constructive dialogue when assessing various potential courses of action •Enables clearer understanding of one another’s ideas and viewpoints •Areas of agreement or disagreement during discussions will be better clarified •Helps facilitate progress as a Commission Sustainability Commission, Feb. 28, 2022 Page 18 of 56 Our Process •Met on October 1 and December 3 •Researched if and how “Sustainability” is defined by reputable organizations •Discussed the merits of defining “Sustainability” •Reviewed and discussed potential “Sustainability” definitions •Discussed potential recommendations, as well as implementation recommendations Sustainability Commission, Feb. 28, 2022 Page 19 of 56 Recommended Definition “Meeting the environmental health, social equity, and economic needs of the present without compromising the ability of future generations to meet those same needs.” Sustainability Commission, Feb. 28, 2022 Page 20 of 56 Basis for Recommended Definition •Common theme from research: “Three Pillars of Sustainability” •Environment, Equity, and Economy •Combines the traditional definition (1980’s) used by the United Nations along with the more recently used “Three Pillars of Sustainability” •Aligns well with the Board of Supervisors Climate Emergency Resolution: •“BE IT FURTHER RESOLVED that health, socio-economic, and racial equity considerations should be included in policymaking and climate solutions at all levels and across all sectors as the consequences of climate change have significant impacts on all County residents, especially the young, the elderly, low-income or communities of color, and other vulnerable populations.” •A good balance of defining the term more clearly without restricting ideas and viewpoints on sustainability topics Sustainability Commission, Feb. 28, 2022 Page 21 of 56 Recommendations 1 Adopt this definition of “Sustainability” as the Commission’s official definition 2 Recommend to the County Board of Supervisors that this definition be adopted as the County’s definition (e.g., use it in the 2022 Climate Action Plan) 3 Recommend to the Board of Supervisors that the three pillars of sustainability should be included as evaluation criteria for 2022 CAP strategies Sustainability Commission, Feb. 28, 2022 Page 22 of 56 Example: Operationalizing the Definition Goal No.CAP Strategy Strategy Description Implementation Actions Lead Department Environmental Health Impacts Equity Impacts Economic Impacts Applicability Potential Partners Potential Measures of Effectiveness Co-Benefits Sustainability Commission, Feb. 28, 2022 Page 23 of 56 Discussion Sustainability Commission, Feb. 28, 2022 Page 24 of 56 Contra Costa County Sustainability Commission 7. Meeting Date: February 28, 2022 Subject: RECEIVE UPDATE and DISCUSS Recommendation from Green Building Working Group Department: Presenter: Nick Despota, Sustainability Commission Contact: Jody London, DCD Referral History: At its June 28, 2021, meeting, the Sustainability Commission received a report from a working group focused on recommendations related to green buildings. The report from the working group included five items. The Commission unanimously agreed to send recommendations to the Board regarding the first four items, which happened in August and was discussed at the Sustainability Committee in November. The Commission tabled the fifth item, low carbon concrete. Referral Update: The working group has done additional research on low carbon concrete and recommends the attached report for consideration by the Commission. Recommendation(s)/Next Step(s): RECEIVE UPDATE and DISCUSS Recommendation from Green Building Working Group Fiscal Impact (if any): None. ATTACHMENT(S) Low Carbon Concrete Recommendation Sustainability Commission, Feb. 28, 2022 Page 25 of 56 Low-Carbon Concrete Recommendation to Board of Supervisors Nick Despota and Chris Easter Contra Costa County Sustainability Commission February 2022 The problem Concrete accounts for approximately 8% of the world’s manmade CO2 emissions.1 For comparison, that is more than three times the global carbon emissions of the aviation industry (2.5%).2 But unlike aviation, technologies for mitigating the climate impact of concrete are currently available and economically competitive. The concrete industry has been able to provide low-carbon concrete mixes for more than a decade.3 What’s more, a cursory Internet search reveals that industry and publicly-funded research is sharply focused on bringing lower-carbon and carbon-neutral products to the market as rapidly as possible.4 The opportunity Any local government strongly committed to reducing embodied carbon in our built environment can start by adopting building codes that require the use of low-carbon concrete mixes.5 Marin County and several Bay Area cities have already done so.6 The concrete industry is already responding to growing demand for less carbon-intensive products. In September 2021, an industry -wide coalition, Concrete Action for Climate, formed with the objective of delivering net-zero concrete to the world by 2050.7 Because public agencies buy up to a third of the concrete manufactured annually 8, local governments have the market leverage that can accelerate the research and development of low-carbon concrete. 1 “Environmental Impact of Concrete.” In Wikipedia. Retrieved January 25, 2022 2 “Climate Change and Flying; 2020. “ In Our World in Data. Retrieved January 25, 2022 3 “Low Carbon with Supplementary Cementitious Materials” Central Concrete. 4 One example: Martin-Luther-Universität Halle-Wittenberg. “Scientists develop alternative cement with low carbon footprint.” Published in Science Daily, April 18, 2021. 5 This recommendation addresses the reduction of embodied carbon (EC) in concrete. A broader approach to reducing EC must tackle concrete use generally. That includes alternate structural methods (e.g. tall timber construction) and engineering that minimizes concrete volume without any loss of strength or durability. 6 See the County of Marin Low-Carbon Concrete Requirements, Oakland ECAP, Measure B4, Dublin CAP (MM-2 and ML-4), and Berkeley Municipal Code, (Sub-section 19.37.04). 7 Concrete Action for Climate, Mission Possible Partnership. August 2021. 8 “Concrete needs to lose its colossal carbon footprint,” In Nature, September 2021. Sustainability Commission, Feb. 28, 2022 Page 26 of 56 The obstacle As we will show, delays in governments’ adoption of low-carbon concrete standards cannot be attributed to lack of practical alternatives. Instead, the obstacle appears to be institutional inertia. In June 2019, a University of California research group published a best practices paper which offered its wide-angle perspective: “ Many local governments have not revised their concrete specifications in years—leaving in place minimum cement content requirements and other elements that are out of step with modern practices.”9 Multiple pathways to net-zero Concrete is a mixture of cement, aggregate, sand, and water. It is the second-most used substance in the world after water.10 Its global climate impact should compel regulatory agencies, as it already has industry scientists and engineers, to explore every possible approach to reducing concrete’s environmental costs. There are four ways to reduce the embodied carbon 11 of concrete: 1. Reduce and decarbonize the heat energy required in the manufacturing of cement. 2. Reduce the amount of cement in concrete by replacing a portion of it with a less carbon-intensive material that preserves or improves its strength and durability. 3. Substitute limestone aggregate with a synthetic, carbon-sequestering aggregate that uses locally-sourced stone or recycled concrete rubble. 4. Blend captured CO2 into fresh concrete during mixing, thereby sequestering it from the atmosphere. The first approach focuses on the manufacturing of concrete, and can be implemented at plants and quarries around the county. The following three approaches address the composition and design of concrete mixes for specific applications, and generally take place at ready-mix facilities. Local building codes can regulate those practices. Reducing cement in concrete Cement accounts for only 10-15% of concrete by weight but more than 90% of its CO2 emissions. Therefore, the most effective approach to reducing concrete’s global warming potential is to substitute a portion of cement with less carbon-intensive materials that perform as well or better. They are called substitute cementitious materials, or SCMs. The most commonly used SCMs, or pozzolans, are fly ash and slag. They are products of fossil fuel industries (coal-fired power plants and steel production, respectively). These materials are 9 “When did you last review your concrete specifications?” City and County Pavement Improvement Center, UC Davis and Berkeley. June 2019. 10 Gagg, Colin R. "Cement and concrete as an engineering material: An historic appraisal and case study analysis". Engineering Failure Analysis. 40: 114–140 11 The major sources of embodied carbon in concrete are the fossil fuel energy expended for the quarrying of limestone, heating the limestone to extremely high temperatures, and the long-distance transportation of cement and aggregate. A second major source of emissions is the CO2 and heat released during the curing process. Sustainability Commission, Feb. 28, 2022 Page 27 of 56 cheap, abundant, and meet engineering requirements for most applications. However, fly ash and slag are not without potential challenges. In a 2021 paper 12, the Sierra Club stated two concerns about fly ash and slag. First, they may present health risks to workers and nearby residents from air-borne dispersion at or near concrete mixing facilities. Secondly, their use monetizes a product of fossil fuel industries. Based on conversations with a professor of public health 13 and the sustainability director for a major concrete supplier 14, we believe that these concerns have not been sufficiently documented to warrant a delay in the adoption of low-carbon concrete standards, given the overwhelming health and environmental benefits of rapid greenhouse gas reductions. We must not allow the perfect to be the enemy of the good. Alternatives SCMs The supply of fly ash will dwindle as coal-fired power plants are phased out. But other SCMs that are not by-products of fossil fuel industries are available. A few examples are volcanic ash, calcined clay (mentioned in the Sierra Club paper); silica fume and rice hull ash (Berkeley Municipal Code, chapter 19.37.04). Recycled glass may be the most environmentally positive SCM. If its use becomes widespread, the practice will divert thousands of tons of waste glass from landfills—a significant step toward achieving a circular economy in a key industrial sector.15 Last year a Connecticut plant began manufacturing a concrete-grade pozzolan from post-consumer glass.16 We are not aware of plans to launch a similar facility on the West Coast. Owing to the growing importance that investors place on Environmental, Social and Governance (ESG) factors, business and environmental considerations are coming into closer alignment. 17 Concrete companies will choose SCMs with lower carbon footprints as long as their supply is reliable, their performance meets engineering requirements, and their price is competitive. 12 “Sierra Club Guidance: Cement Manufacturing,” June 2021. 13 Professor Emeritus Thomas McKone of the UC Berkeley School of Public Health stated that the most significant pollutant from grinding and handling fly ash is PM2.5. But, he said, other SCMs, such as volcanic ash or limestone, pose similar risks so proper handling practices must be followed in any case. Embedded in concrete, fly ash and slag are not “bio-available.” Professor McKone said their use as SCMs is, therefore, a safer “disposal” method than heaping the material on the ground, where their toxic components can contaminate soil and leach into groundwater. Phone conversation. 14 “No fossil fuel plant could operate solely on the sale of fly ash.” Juan Gonzalez, Sustainability Director, Central Concrete.. 15 “The Circular Economy and the Promise of Glass in Concrete,” Google and the Ellen MacArthur Foundation, 2016. 16 “Ground Glass Positively Premiers.” Concrete Products, May 2021. 17 Phone interview with Juan Gonzalez, Sustainability Director, Central Concrete. Sustainability Commission, Feb. 28, 2022 Page 28 of 56 Synthetic aggregates and CarbonCure technologies Two promising technologies sequester CO2. obtained from current industrial operations. Blue Planet’s synthetic carbon-sequestering aggregate replaces limestone gravel, transported by rail thousands of miles from quarry sites. The company has applied for a permit to open a plant in Pittsburg. The Blue Planet technology combines captured CO2 with calcium sourced from waste. Its website states “[Its] aggregate is so carbon negative that it offsets all the emissions from the cement in the concrete, making the mix carbon negative.”18 CarbonCure is another proprietary technology for sequestering carbon. The method involves injection of captured CO₂ into fresh concrete during mixing. This technique can also be used in production of precast concrete and concrete block. According its website, CarbonCure improves concrete’s compressive strength and significantly reduces its carbon footprint.19 A number of other technologies for reducing the global warming potential of concrete are emerging, but these two are locally available and ready for use.20 Approach to regulation These technologies and methods are not stand-alone remediations. Used together, they can produce concrete that is carbon-negative.21 In other words, they can offset more carbon through carbon capture, sequestration, or avoidance, than they emit. Given the ongoing, rapid development of new technologies, the most practical approach to regulating embodied carbon must be flexible: establish standards that limit total embodied carbon, or global warming potential, of a project. Project applicants will then choose the most appropriate way to meet to meet those standards, based on technical requirements, design considerations, cost, and availability. The low-carbon concrete requirements developed by the County of Marin 22 as “model code” under a BAAQMD grant, take this approach. In partnership with stakeholders across the region, the County established codes that provide for two alternative compliance pathways:23 1. Limit the maximum allowable amount of cement (specified in lbs/yd3) necessary to achieve the compressive strength required for specific applications; or, 2. Limit the maximum embodied carbon (kg CO2e/m3) of the total concrete usage within a project. This value is calculated using the Environmental Product Declarations (EPDs) for particular concrete mix designs. 18 Blue Planet website. Retrieved January 26, 2022. 19 Carbon Cure website. Retrieved February 9, 2022 20 See the Sustainability page of the Central Concrete website. 21 Mr. Juan Gonzalez. See earlier citation. 22 County of Marin, Low Carbon Concrete Requirements. 23 Marin County Code Chapter 19.07, table 19.07.050 Sustainability Commission, Feb. 28, 2022 Page 29 of 56 Compliance under the first pathway is achieved, in essence, by following a recipe. Because it is simple, most contractors follow this pathway. The second pathway, though more complex, leaves the door open for meeting the standards through any combination of SCMs, synthetic aggregate, CO2 injection, or even cement substitutes that may be on the horizon. It seems that the Marin low-carbon requirement is future-proofed. Our recommendation Consider the landscape before us. We see: • A growing number of jurisdictions adopting low-carbon concrete standards; • An industry that already offers lower-carbon products and is incentivized to deliver still lower-carbon materials and technologies; • Practical and flexible low-carbon concrete building codes currently in effect; • And especially, a rise of more than 6% in global greenhouse gas emissions in 2021, compared to the previous year.24 Against that background, we urge the Sustainability Commission to recommend that the Board of Supervisors direct staff to study adoption of low-carbon concrete standards. We further recommend that these standards be implemented through reach codes that would apply to all new construction in unincorporated Contra Costa. 24 The spike was largely a rebound from the pandemic-induced drop in energy use of 2020. “U.S. Greenhouse Gas Emissions Bounced Back Sharply in 2021,” New York Times, January 10, 2022. Sustainability Commission, Feb. 28, 2022 Page 30 of 56 Contra Costa County Sustainability Commission 8. Meeting Date: 2/28/2022 Subject: RECEIVE UPDATE on Status of In-Person Meetings of Sustainability Commission and DISCUSS Options Department: Conservation and Development Presenter: Jody London, Department of Conservation and Development Contact: Jody London, Department of Conservation and Development Referral History: Since the onset of the COVID-19 pandemic in March 2020, the Contra Costa County Board of Supervisors and advisory bodies to the Board of Supervisors have been meeting online. This was allowed first under an emergency declaration, and then Assembly Bill 361 (2021). Prior to the emergency declaration and AB 361, an advisory body could meet by teleconference if at least a quorum of the body participated from locations within the County. Each location from which a member participated would have to be listed in the meeting notice and agenda, including full address and room number. The location would have to be physically accessible to the public. All votes must be by roll call. (See attached article from School & College Legal Services of California.) Referral Update: AB 361 allows the Board of Supervisors, in all its capacities, and certain subcommittees and advisory bodies, to conduct teleconferencing meetings under Government Code section 54953(e). This section of the Brown Act, which was added by Assembly Bill 361, allows a local agency to use special teleconferencing rules during a State declared state of emergency. When a legislative body uses the emergency teleconferencing provisions under Government code section 54953(e), the following rules apply: • The agency must provide notice of the meeting and post an agenda as required by the Brown Act and Better Government Ordinance, but the agenda does not need to list each teleconference location or be physically posted at each teleconference location. • The agenda must state how members of the public can access the meeting and provide public comment. • The agenda must include an option for all persons to attend via a call-in or internet-based service option. • The body must conduct the meeting in a manner that protects the constitutional and statutory rights of the public. • If there is a disruption in the public broadcast of the meeting, or of the public's ability to comment virtually for reasons within the body's control, the legislative body must stop the meeting and take no further action on agenda items until public access and/or ability to comment is restored. • Local agencies may not require public comments to be submitted in advance of the meeting and must allow virtual comments to be submitted in real time. Sustainability Commission, Feb. 28, 2022 Page 31 of 56 • The body must allow a reasonable amount of time per agenda item to permit members of the public to comment, including time to register or otherwise be recognized for the purposes of comment. • If the body provides a timed period for all public comment on an item, it may not close that period before the time has elapsed. • AB 361 sunsets on January 1, 2024. Under Government Code section 54953(e), if the local agency wishes to continue using these special teleconferencing rules after adopting an initial resolution, the legislative body must reconsider the circumstances of the state of emergency every 30 days and make certain findings. The agency must find that the state declared emergency continues to exist and either that it continues to directly impact the ability of officials and members of the public to meet safely in person, or that state or local officials continue to impose or recommend measures to promote social distancing. Due to the ongoing pandemic, the Board of Supervisors has been making these findings every month on behalf of itself and certain subcommittees and advisory bodies, including the Sustainability Commission. It is likely that at some point in the future, Contra Costa County will lift the emergency teleconferencing provisions, unless there is legislation amending the rules. (The County’s legislative platform includes “ENABLE local governments to continue offering opportunities for public meeting attendance, participation, and accessibility through technological means after the pandemic has ended.”) The Sustainability Commission leadership would like to understand whether and how a return to in-person meetings would affect the participation of members and alternates. Meetings would likely be held at County offices in Martinez. Recommendation(s)/Next Step(s): RECEIVE UPDATE on Status of In-Person Meetings of Sustainability Commission and DISCUSS Options Fiscal Impact (if any): None. ATTACHMENT(S) Updated Brown Act Teleconferencing Virtual Meeting Requirements - School & College Legal Services of California Sustainability Commission, Feb. 28, 2022 Page 32 of 56 Legal Update Memo No. 29- 2021 – Updated Brown Act Teleconferencing/Virtual Meeting Requirements (AB 361) (K-12) Download pdf: 29-2021 Updated Brown Act Teleconferencing Virtual Meeting Requirements (AB 361) (EES) [https://sclscal.org/wp- content/uploads/2021/09/29-2021-Updated- Brown-Act-Teleconferencing-Virtual-Meeting- Requirements-AB-361-EES.pdf] Assembly Bill (“AB”) 361, signed into law on September 16, 2021, amends Government Code section 54953 to provide authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency September 24, 2021 Sustainability Commission, Feb. 28, 2022 Page 33 of 56 and remain in compliance with the Brown Act (Gov. Code §§ 54950 et seq.). Enacted as urgency legislation, AB 361 would typically be effective immediately. However, on September 20, 2021, the Governor issued Executive Order N-15-21, delaying the full application of AB 361 until 11:59 p.m. on October 1, 2021. As such, public agencies may generally continue to hold virtual meetings through September 30, 2021 consistent with the requirements of Executive Order N-29-20 issued on March 17, 2020 due to the COVID-19 pandemic (“COVID Executive Order”). September 24-September 30, 2021 The COVID Executive Order allowing electronic or virtual meetings remains in force until September 30, 2021. Public agencies may continue to hold regular and special meetings under that authority through September 30, 2021. Please note, however, and, as further explained below, a public agency holding a virtual meeting from September 24, 2021 through September 30, 2021, for the purpose of making the required AB 361 findings to continue with virtual meetings after September 30, shall conduct such virtual meeting in compliance with the AB 361 requirements. After September 30, 2021 Sustainability Commission, Feb. 28, 2022 Page 34 of 56 A public agency that intends to continue with virtual or hybrid meetings after September 30 must have a separate meeting before any other regular or special October meetings to comply with AB 361 and make appropriate findings in order to hold future meetings remotely. In other words, if a public agency would like to meet electronically in October, it must make the AB 361 determination before that meeting. To assist clients navigating the expiration of Executive Order N-29-20 and the enactment of AB 361, our office has prepared a brief Frequently Asked Questions guide. We have also prepared sample agenda language that may be modified to address the specific local circumstances of a public agency. Please contact the office to speak with an attorney if you are interested in receiving sample agenda language and guidance to modify it for your specific local circumstances. As a reminder, the information provided in the guide is a summary of the law and the application of that law to a specific client’s factual situation may vary. We, therefore, strongly recommend that you consult legal counsel to advise you on how the law applies to your specific situation. AB 361 – FREQUENTLY ASKED QUESTIONS Q: What are the circumstances under which AB 361[1] [#_ftn1] virtual meetings are permitted? Sustainability Commission, Feb. 28, 2022 Page 35 of 56 A: Gov. Code § 54953(e)(1) provides that a local agency may use teleconferencing in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B) that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. Q: Does AB 361 only apply to the current declared COVID-19 state of emergency? A: No. AB 361 does apply to emergencies arising from the COVID-19 pandemic, but it also specifically references Government Code section 8558, which contains a broad definition of emergency including, among others, fire, flood, storm, epidemic and earthquake. Sustainability Commission, Feb. 28, 2022 Page 36 of 56 Q: If a public agency has not resumed in- person meetings, are there any specific actions to take to continue holding virtual meetings after September 30, 2021? A: Yes. To continue holding virtual meetings after September 30, a public agency will need to: Confirm that they can meet the AB 361 technical requirements for public attendance and real-time comment. Develop a plan in the event of a technical disruption during a virtual meeting. Unless the public agency is located in a region where state or local officials require or recommend social distancing,[2] [#_ftn2] the governing body will need to determine, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees. This determination meeting should be held before any other special or regular October meetings. This determination meeting – even if held during September – should be in compliance with the AB 361 virtual meeting requirements.[3] [#_ftn3] Q: If a public agency has resumed in-person meetings, what changes under AB 361? A: With the expiration of Executive Order N-29-20, a public agency will be required to comply with the traditional Brown Act meeting and teleconferencing Sustainability Commission, Feb. 28, 2022 Page 37 of 56 requirements if they do not proceed under AB 361. As more fully detailed below, the traditional Brown Act requirements include that: A quorum of the local body shall be physically present within the local body’s boundaries; The meeting and all teleconference locations must be physically accessible to the public; The address of the teleconference location shall be included on the agenda; An agenda shall be posted at each teleconference location; and, Public participation must be allowed at the meeting and all teleconference locations. Q: Can a public agency conduct a “hybrid” meeting with the governing body and staff in person and the public participating remotely? Yes. However, if the in-person meeting is not open to in-person attendance by members of the public, the meeting must meet the requirements of AB 361. Q: Are there differences in how a public agency may conduct virtual meetings under AB 361 compared to the March 17, 2020 Executive Order N-29-20? A: Yes. As more fully detailed below, AB 361 imposes additional requirements for virtual meetings, including, among others, that: Sustainability Commission, Feb. 28, 2022 Page 38 of 56 Public agencies may not require public comments be submitted in advance (this is still a permissible option, but cannot be a requirement); Members of the public must be allowed to address the board in real-time during the meeting; and, In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved. Q: Once the initial AB 361 finding is made, does a public agency have to do anything further to continue with virtual meetings? A: Yes. To continue with AB 361 virtual meetings, the public agency must reconsider the circumstances of the emergency every 30 days and determine that either the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing. These findings must be made by majority vote. Gov. Code § 54953(e)(3). Q: What are the differences between the standard Brown Act teleconferencing requirements and AB 361? A: Quorum Brown Act Teleconferencing Requirements AB 361 Sustainability Commission, Feb. 28, 2022 Page 39 of 56 During teleconference meetings, at least a quorum of the members of the local public agency body must participate from locations within the boundaries of the territory over which the local public agency body exercises jurisdiction. Quorum not required to be located within the boundaries of the territory. A: Agenda Brown Act Teleconferencing Requirements AB 361 Each teleconference location from which a member will be participating must be specifically identified in the meeting notice and agenda, including full address and room number. An agenda must be posted for the required period of time (24 or 72 hours) at each teleconference location Public agency must only give notice and post agenda in accordance with the Brown Act provisions for in-person meetings. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. Sustainability Commission, Feb. 28, 2022 Page 40 of 56 from which a member will be participating. A: Teleconference Location Brown Act Teleconferencing Requirements AB 361 Each teleconference location must be physically accessible to the public. Members of the public must be able to physically address the body from each teleconference location. Public agencies do not have to let members of the public attend at each teleconference location, but must allow the public to access the meeting via a call-in or an internet-based service option. The public agency is not required to provide a physical location for the public to attend or provide comments. A: Public Comment Brown Act Teleconferencing AB 361 Sustainability Commission, Feb. 28, 2022 Page 41 of 56 Requirements Public Comment must be allowed at the in-person meeting and from every teleconference location. The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. Gov. Code § 54953(e)(1)(B). The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer Sustainability Commission, Feb. 28, 2022 Page 42 of 56 comment in real time. Gov. Code § 54953(e) (1) (E). An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third- party internet website or online platform to participate. Gov. Code § 54953(e)(1)(F). [Note: The Brown Act does not allow a public agency to require a meeting attendee to provide their name and address as a condition of attendance and public agencies may Sustainability Commission, Feb. 28, 2022 Page 43 of 56 need to consider whether pseudonyms will be allowed]. A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register until that timed public comment period has elapsed. A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public Sustainability Commission, Feb. 28, 2022 Page 44 of 56 comment, including time for members of the public to register, or otherwise be recognized for the purpose of providing public comment. A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register until the timed general public comment period has elapsed. Gov. Code § 54953(e) (1)(G)(i)-(iii) Sustainability Commission, Feb. 28, 2022 Page 45 of 56 Please contact our office with questions regarding this Legal Update or any other legal matter. The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation. © 2021 School and College Legal Services of California All rights reserved. However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for the client’s own non-commercial purposes. [1] [#_ftnref1] AB 361 is not to be confused with AB 339, a pending bill awaiting Governor Newsom’s signature, which seeks to establish new public teleconferencing requirements for city councils and boards of supervisors with jurisdiction over 250,000 people. [2] [#_ftnref2] A public agency in these circumstances should consult with their legal counsel Sustainability Commission, Feb. 28, 2022 Page 46 of 56 regarding the specific facts. [3] [#_ftnref3] Executive Order N-15-21 states, “[t]he provisions governing teleconference meetings in … subdivision (e) of Government Code section 54953 are suspended through September 30, 2021, except that any local legislative body that meets to take a majority vote pursuant to subparagraph (B) of paragraph (1) of subdivision (e) of Government Code section 54953 shall conduct the meeting at which such vote is taken as required by paragraph (2) of subdivision (e) of Government Code section 54953. Except as otherwise specified in this paragraph, the requirements related to public meetings of local legislative and state bodies specified in Paragraph 42 of Executive Order N-08- 21 shall continue to govern such meetings through September 30, 2021.” Copyright © 2018 School & College Legal Services of California | Website by ODB Sustainability Commission, Feb. 28, 2022 Page 47 of 56 Contra Costa County Sustainability Commission 9. Meeting Date: 2/28/2022 Subject: RECEIVE UPDATE on Implementation of Climate Emergency Resolution Department: Conservation and Development Presenter: Jody London, Department of Conservation and Development Contact: Jody London, Department of Conservation and Development Referral History: On September 22, 2020, the Board of Supervisors adopted a Climate Emergency Resolution. The Sustainability Commission has requested that an update on implementation of the Climate Emergency Resolution be a standing item on its agenda. Referral Update: The Board of Supervisors took several actions with the resolution. Below we list the actions and progress by staff to implement each. These include: Action Implementation Status Declare a climate emergency Completed. Support the State’s recent climate goals and take action to achieve them Ongoing. Establish an interdepartmental task force of all Department heads, or their senior deputies, that will focus on urgently implementing the County’s Climate Action and identifying additional actions, policies, and programs the County can undertake to reduce and adapt to the impacts of a changing climate. The task force will report to the Board through the Sustainability Commission and the Sustainability Committee on a semi-annual basis starting in March 2021. The Task Force is focused on (1) rolling out the Sustainability Fund for investments in County facilities, under the leadership of Public Works, and (2) creating the G3 Champions (Green Government Group), staff in every department who will help their department adopt best practices from the County’s Green Business Program. A steering committee of staff from several departments meets regularly to develop and launch the G3 Champions. The Champion program should start recruiting volunteers in the next month. The Task Force met February 15, and is expected to report to the Board on March 22. Seek input from the community (with a special focus on highly impacted Environmental Justice communities), workers (especially impacted workers), and business/industry to help the County anticipate and plan for an economy that is less dependent on fossil fuels, The Federal Community Improvement Grant request is tied in with the Federal budget, so it is uncertain when those funds will materialize. Staff are monitoring grant opportunities and continue to research how other jurisdictions address this same Sustainability Commission, Feb. 28, 2022 Page 48 of 56 helps plan for a “Just Transition” away from a fossil- fuel dependent economy, and considers how the County’s recovery from the COVID-19 pandemic can incorporate the County’s climate goals or similar issues. Develop policies to require all new construction to be fully electric through the adoption of new building codes that exceed current State codes On December 14, 2021, the Board of Supervisors adopted Ordinance No. 2021-38, Organic Waste Disposal Reduction to reduce the disposal of organic waste in landfills by regulating the collection and hauling of organic waste and to recover edible food. On January 11, 2022, the Board of Supervisors approved the Recovered Organic Waste Product and Recycled Paper Procurement Policy. The County was required to approve this mandatory ordinance and policy pursuant to the State's SB 1383 Short-Lived Climate Pollutant regulations. Prioritize implementation of the Climate Action Plan as soon as possible and consider equity and social justice issues in the implementation of the Plan Ongoing. Include health, socio-economic, and racial equity considerations in policymaking and climate solutions at all levels and across all sectors The environmental justice policies for the General Plan were developed in 2021 and are being incorporated into the General Plan and Climate Action Plan. Planning staff work closely with staff from Health Services and other departments. Include land use policies and actions that will facilitate greater availability of fresh food to County residents by creating more opportunities for community gardens, urban gardens, farmers markets, and related policies and programs. The Healthy Lands, Healthy People carbon sequestration feasibility is in progress. Staff expect to hold focus groups in the spring and early summer. Call for all Contra Costa cities and agencies, as well as regional agencies, to also approve a Climate Emergency Declaration The Climate Emergency Resolution was sent to City Councils and City Managers in Contra Costa County in October, as well as leadership of the East Bay Municipal Utility District, Contra Costa Water District, and Central Sanitary District. Recommendation(s)/Next Step(s): RECEIVE UPDATE on and DISCUSS Implementation of Climate Emergency Resolution Fiscal Impact (if any): N/A. ATTACHMENT(S) None. Sustainability Commission, Feb. 28, 2022 Page 49 of 56 Contra Costa County Sustainability Commission 10. Meeting Date: February 28, 2022 Subject: RECEIVE reports from Sustainability Commission members and alternates, and PROVIDE DIRECTION as needed Department: Conservation & Development Presenter: Jody London, DCD Contact: Jody London (925)674-7871 Referral History: This is a standing item of the Commission. Referral Update: Commission members and alternates will provide updates to the full Commission. Recommendation(s)/Next Step(s): RECEIVE reports from Sustainability Commission members and alternates, and PROVIDE DIRECTION as needed. Fiscal Impact (if any): None. ATTACHMENT(S) Report from Mike Moore on Studies of Rising Water Levels in Contra Costa County Sustainability Commission, Feb. 28, 2022 Page 50 of 56 REPORT TO SUSTAINABILITY COMMISSION ON STUDIES OF RISING WATER LEVELS IN CONTRA COSTA COUNTY Prepared by Mike Moore, Member, District 3 At our December 2021 meeting, the Sustainability Commission received presentations from the Bay Conservation and Development Commission (BCDC) and the Delta Stewardship Council (DSC) on the status of Adapting to Rising Rides (ART) study undertaken by both their organizations. It included updates on the current status of research and planning related to rising water levels in their two areas of jurisdiction: sea water in the Bay (BCDC) and inland riverine waters (DSC). County Staff has asked the Commission to provide direction on next steps to implement ART in Contra Costa County. Prior to providing that direction, we should review the current status of ART in Contra Costa. The BCDC have made two assessment studies on the potentiality of floods within Contra Costa County due Sea Level Rise (SLR) caused by Climate change. The West County assessment was completed in March 2017 1 and covered the shoreline from the Alameda County Line to Bay Point. East County assessment study was completed in April 2020 and covered the area from Pittsburg to the Contra Costa-Alameda County border at Clifton Court. 2 The East County Study was also partially funded by DSC. Both reports look at impacts in a range of sectors and impacts from various flooding scenarios. The East County study differs from the West County study due to differences in topography. The East County contains delta islands which have significant subsided land below sea level which require its coastline to be protected by levees. It is much more agricultural than West County and climate change may impact quality of our drinking due to the intrusion of sea water into the fresh water from the delta. BCDC published the Bay Adapt Joint Platform (Bay Adapt) in October 2021. 3 It included 9 Actions and 21 Tasks that the 9 County Bay should focus on combating Sea Level Rise in the Bay Area. There are 6 guiding principles developed by the Leadership Advisory Group: • Practice Inclusive, Community-Led Governance and Decision Making • Support Socially Vulnerable Communities • Solve Collaborative Problems Together • Don’t Hold Back Early Movers but Play the Long Game • Go Green Where Appropriate • Pick the Right Strategy for the Right Place at the Right Time On February 8, 2022, the Board of Supervisors passed Item C.58 Resolution No. 2022/52 RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO SUPPORT A REGIONAL STRATEGY FOR A RISING BAY, KNOWN AS “BAY ADAPT”. 4 In it, The Board of Supervisors of Contra Costa County supported the Bay Adapt Joint Platform, a regional strategy for a rising Bay, including the guiding principles, actions, and tasks contained within. In addition, it also granted BCDC additional regulatory authority to address sea level rise in the Bay Area. The DSC is leading a comprehensive climate change vulnerability study and adaptation study called Delta Adapts. DSC’s area of responsibility includes portions of East Contra Costa County including the Delta Islands and Reclamation Districts protected by levees. In June 2021, the DSC completed the vulnerability assessment prior to an Adaptation Study. 5 The DSC is now preparing an Adaptation Strategy that will develop tools and strategies to address these vulnerabilities and create a more resilient Delta. The Delta Adapts Study is expected to be available by mid-2023. There are two more pieces of information that should be considered although they occurred prior to Bay Adapt Joint Platform and the 2022 BOS Resolution. In spring of 2019, County staff commissioned a team from the Sustainability Commission, Feb. 28, 2022 Page 51 of 56 UC Berkeley Goldman School of Public Policy to develop options the County could pursue to fund and implement the findings from the two ART studies. On September 10, 2019, the Board of Supervisors under item c.150 accepted the Goldman School Report and referred it to the Sustainability Committee. 6 The Sustainability Committee at its September 23, 2019 meeting decided to consider implementing the Goldman School Report once the East County Study has been completed. 7 The Goldman School team recommended the County start by forming a working group of government entities, property owners, and other stakeholders. To date, no further action has been taken on the Goldman School report. In August 2019, the Hazardous Materials Programs in Contra Costa County Health Services prepared a Commodity Flow Study that brings different data sets to “determine the potential effects/consequences of a chemical spill on critical and vulnerable populations and facilities in the coastal cities of Contra Costa County.” 8 Hazardous Materials Programs presented the Commodity Flow Study to the Transportation, Water, and Infrastructure Committee (TWIC) of the Board of Supervisors on December 14, 2020. The Hazardous Materials Commission provided TWIC with 8 specific recommendations to address sea level rise in a letter dated September 13, 2021 and presented these recommendations to TWIC at its September meeting. One of their recommendations was to make sure that measures to address Sea Level Rise was included in the Climate Action Plan. Climate Change is a current and on-going challenge to Contra Costa County. With warmer temperatures and more extreme weather, we can also expect that the Counties seashore to be subject to more flooding. Those floods will be high and more frequent than we have previously experienced. Due to increased scientific knowledge, we have better knowledge where the flooding will occur and how often we can expect it to happen. It is important that we plan for those eventualities. Based on the Assessments provided by BCDC and DSC, we have a good overview of areas within the County that will be impacted by that flooding. These include residential areas, industrial sites, police and fire locations, roads and freeways, railways, parks and recreation areas. Our water quality may be impacted by saltwater intrusion from the Bay into the Delta. Levees are at risk both from Sea Level Rise but also earthquakes. Even if specific sites are not flooded, travel to them may be impacted by flooded streets. The Commission should consider implementing the three following items: 1. The Commission should make sure that ART is provided more space in the Climate Action Plan. The 2015 Climate Action Plan only had a passing reference to Rising Sea Level on page 16. The upcoming Climate Action Plan must include much more data and much detailed actions. Such items as the BOS Resolution on Bay Adapts and the Hazardous Materials Commission Report on Commodity Flow and the hazards at the 5 identified pinch points. 2. The Commission should urge the Board of Supervisors to start implementing the Goldman School Report by establishing a Working Group to work on Adapting to Rising Tides based on Bay Adapts and Delta Adapts assessments and recommendations. Funds could come from Measure X. A Planning Committee should be set up 2 – 6 months prior to the launch of the Working Group to set goals and initial planning. 3. Members of the Commission should monitor the progress of the Delta Adapts process. It is important because East Contra Costa County was not included in the previous stakeholder assessment. Meetings will be held starting this Spring to Identify Scenarios with the Final Adaptation Strategy planned to be published in the Summer of 2023. Those members should report back to the Commission as information becomes available Sustainability Commission, Feb. 28, 2022 Page 52 of 56 1. The West County ART study can be found at http://www.adaptingtorisingtides.org/project/contra-costa- county-adapting-to-risingtides- project/ 2. The East County ART study can be found at http://www.adaptingtorisingtides.org/project/eastern- contra-costa-county/ 3. The Bay Adapt Joint Platform can be found at https://www.bayadapt.org/jointplatform/ 4. Board of Supervisors February 8, 2022 Item C.58 Resolution 2022/52 can be found at http://64.166.146.245/agenda_publish.cfm?id=&mt=ALL&get_month=2&get_year=2022&dsp=min&se q=1932 5. The DSC Vulnerability Assessment can be found at https://deltacouncil.ca.gov/pdf/delta-plan/2021-06- 25-delta-adaptsvulnerability-assessment.pdf 6. Board of Supervisors action on Item c.150 September 10, 2019 can be found at http://64.166.146.245/agenda_publish.cfm?id=&mt=ALL&get_month=9&get_year=2019&dsp=min&se q=1333 7. Sustainability Committee September 23, 2019 action can be found at http://64.166.146.245/agenda_publish.cfm?id=&mt=SUSTAIN&get_month=9&get_year=2019&dsp=m in&seq=1416 8. The Commodity Flow Study can be found at https://www.contracosta.ca.gov/7025/Planning-for-our- Future Sustainability Commission, Feb. 28, 2022 Page 53 of 56 Contra Costa County Sustainability Commission 11. Meeting Date: February 28, 2022 Subject: RECEIVE Report from Sustainability Coordinator Department: Conservation & Development Presenter: Jody London, Sustainability Coordinator Contact: Jody London, DCD Referral History: This is a standing item of the Commission. Referral Update: Key activities since the Sustainability Commission’s last meeting on December 13, 2021, are listed below. • On January 18, 2022, the Board of Supervisors adopted the all-electric ordinance for all new construction of residential and some new non-residential construction, such as retail, office, and hotels. The new requirements will go into effect June 1, 2022. Staff has submitted the documentation to the California Energy Commission, which must approve the ordinance because it is stricter than State building code. • Demian Hardman-Saldana presented on the all-electric ordinance at the February 22, 2021, “Reaching Beyond” webinar series, attended by local governments across the state. • On December 14, 2021, the Board of Supervisors adopted Ordinance No. 2021-38, Organic Waste Disposal Reduction to reduce the disposal of organic waste in landfills by regulating the collection and hauling of organic waste and to recover edible food. On January 11, 2022, the Board of Supervisors approved the Recovered Organic Waste Product and Recycled Paper Procurement Policy. The County was required to approve this mandatory ordinance and policy pursuant to the State's SB 1383 Short- Lived Climate Pollutant regulations. • Staff planned and facilitated a meeting of the Interdepartmental Climate Action Task Force on February 15, in anticipation of a semi-annual report to the Board of Supervisors in March. The Task Force is looking at how to successfully launch and support the G3 Champions (Green Government Group), volunteer County staff who will help their County departments adopt best practices from the County's Green Business Program and identify opportunities for further action. • The Health Services Department recently joined Practice Greenhealth, a non-profit membership organization founded on the principles of positive environmental stewardship and best practices by organizations in the health care community. Practice Greenhealth will help the County identify opportunities to reduce waste from County medical facilities. • The Health Services Department is leading an application from the County to the Bay Area Air Quality Management District for an AB 836 Clean Air Center Grant. The purpose of this non-competitive grant Sustainability Commission, Feb. 28, 2022 Page 54 of 56 is to enhance protection from wildfire smoke exposure for vulnerable populations. It will help fund air filters for community centers, libraries, and other buildings where people gather during smoke events. • Public Works continues developing the Vision Zero Action Plan and the Active Transportation Plan. o The Vision Zero Action Plan is designed to be an equitable, sustainable, multimodal transportation system where users of all ages and abilities can travel conveniently, reliably, and free from harm. The Vision Zero Action Plan is anticipated to go to the Board of Supervisors for approval in February. o The Active Transportation Plan, on which the Sustainability Commission received a presentation in June 2021, will focus on improving walking, biking, and rolling (i.e., wheeled mobility devices used by people with disabilities, strollers, scooters, skateboards, etc.) in the unincorporated areas of the County. Staff anticipates having a draft report for public review in early March 2022, and bringing it to the Board of Supervisors for approval in late March 2022. • Sustainability staff continue to support the General Plan update. • Through grants from the State and Bay Area Air Quality Management District, Contra Costa Health Services and Department of Conservation and Development staff continue to implement the Contra Costa Asthma Initiative. The program provides in-home asthma trigger mitigations and energy efficiency measures to Contra Costa Health Plan Medical members with moderate to severe asthma. • Healthy Lands, Healthy People, the carbon sequestration feasibility study funded through a grant from the California Department of Conservation, is underway. • The Sustainability group in the Department of Conservation and Development welcomed a new planner, Nicole Shimizu, on February 15. Nicole was previously a Climate Corps Fellow with DCD. • The Public Works Department has a new Energy Manager for County facilities. Brendan Havenar- Daughton started February 22. • Staff participated in professional learning opportunities regarding environmental justice, carbon sequestration, communication and facilitation strategies, race and equity, and related. • Sustainability staff collaborated with County staff working on topics including land use and transportation, hazardous materials, green business program, the County’s state and federal legislative platforms, economic development, health, codes, solid waste, energy, and related. • Staff participated in regional activities. Recommendation(s)/Next Step(s): RECEIVE report from Sustainability Coordinator. Fiscal Impact (if any): None. ATTACHMENT(S) None. Sustainability Commission, Feb. 28, 2022 Page 55 of 56 Contra Costa County Sustainability Commission 12. Meeting Date: February 28, 2022 Subject: RECEIVE Report from Sustainability Commission Chair and IDENTIFY TOPICS for next report to Sustainability Committee Department: Conservation & Development Presenter: Wes Sullens, Chair Contact: Jody London, DCD Referral History: This is a standing item of the Commission. Referral Update: The Sustainability Commission Chair provides an update at each meeting to Commission members on the administration of the Commission, meetings of the Board of Supervisors Ad Hoc Committee on Sustainability, and other issues of interest to the Commission. Recommendation(s)/Next Step(s): RECEIVE Report from Sustainability Commission Chair and IDENTIFY TOPICS for next report to Ad Hoc Committee on Sustainability Fiscal Impact (if any): None. ATTACHMENT(S) None. Sustainability Commission, Feb. 28, 2022 Page 56 of 56