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Florida Senate Bill 178: An Act Relating to Public Financing of Construction Projects
March 11, 2020 (effective July 1, 2021)
On March 11, 2020, the Florida Legislature passed Senate Bill 178 (Florida Statute § 161. 551) that establishes new rules and enforcement mechanisms for state-financed coastal construction projects. According to the law, “state-financed constructors” are public entities that manage or commission “a construction project using funds appropriated from the state. ” The purpose of the law is to ensure that (1) projects funded by public monies can better withstand coastal flooding and will not exacerbate flooding impacts on surrounding communities; and (2) project managers consider all design options and alternatives in the face of sea-level rise.
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Broward County Florida Resiliency Standards for Flood Protection: Broward County Code of Ordinances Article XXV, Chapter 39.
February 13, 2020
Adopted by the Broward County Board of Commissioners in early 2020, Broward County’s new flood protection standards establish, and account for sea-level rise in, baseline elevation and maintenance standards for coastal and shoreline flood mitigation infrastructure for tidally affected communities in the County. Broward County adopted a new policy (2. 21. 7) in the County Land Use Plan requiring tidally influenced municipalities to adopt a local ordinance consistent with the regional standards, which were incorporated into county code as a model ordinance.
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New Jersey EO 100: Protecting Against Climate Threats (PACT); land use regulations and permitting
January 27, 2020
New Jersey Governor Murphy’s Executive Order No. 100, also known as PACT, is designed to help New Jersey both mitigate greenhouse gases, and adapt to climate change. The order directs the New Jersey Department of Environmental Protection (DEP) to make regulatory reforms for permitting development or construction at risk of the impacts of climate change. New projects will be required to take into account how climate change could impact the project, and the project's related GHG emissions. The rules would also apply to the construction of state-funded projects.
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MN EO 19-37: Establishing the Climate Change Subcabinet and the Governor's Advisory Council on Climate Change to Promote Coordinated Climate Change Mitigation and Resilience Strategies in the State of Minnesota
December 2, 2019
On December 2, 2019, Minnesota Governor Tim Walz issued Executive Order 19-37, establishing a Climate Change Subcabinet to be comprised of leaders from across 15 state departments and agencies. The Subcabinet will identify state policies and strategies to build climate resilience, and to significantly mitigate greenhouse gas emissions. The order acknowledges the disparities facing vulnerable populations, and commits Minnesota to develop climate adaptation strategies with and for frontline communities.
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Nevada Executive Order 2019-22 Directing Executive Branch to Advance Nevada's Climate Goals
November 22, 2019
In November 2019, Nevada Governor Steve Sisolak signed Executive Order (EO) 2019-22 directing the executive branch to advance Nevada's climate goals. To accomplish these goals, the governor is requiring state agencies to identify specific policies to reduce in-state greenhouse gas (GHG) emissions and to increase Nevada's resilience to climate impacts. The governor, through the EO, recognized the warming climate in Nevada and the need to take action to mitigate and adapt to other past, present, and future impacts of climate change.
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State of New York Senate Bill S6424A: Identifying Lands at Risk from Sea-Level Rise or Flooding as Eligible Sending Districts for Transfer of Development Rights (TDR) Programs
November 20, 2019
On November 20, 2019, the State of New York passed Senate Bill (S.B.) S6424A amending the state’s enabling statute for Transfer of Development Rights (TDR) programs to allow local governments to create a TDR program to mitigate risks from sea-level rise, storm surge, and flooding. TDR programs create market incentives to shift development away from areas where it is discouraged ("sending areas”) to areas where development is preferred (“receiving areas”). This is the first example of a state statute that explicitly includes language authorizing a local government to create a TDR program and designate sending areas for managed retreat purposes.
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New Jersey Executive Order 89 Establishing Statewide Climate Change Resilience Strategy
October 29, 2019
On October 29, 2019, New Jersey Governor Philip Murphy signed Executive Order No. 89, establishing new requirements aimed at building statewide and community resilience, including the development of a Statewide Climate Change Resilience Strategy.
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Wisconsin Executive Order No. 52: Creation of the Governor's Task Force on Climate Change
October 17, 2019
On October 17, 2019, Wisconsin Governor Tony Evers signed Executive Order (EO) No. 52 to create the Task Force on Climate Change, an initiative that will bring together involved state agencies and a diverse coalition of stakeholders representing the business and agricultural communities, the utility companies, organized labor, the tourism industry, Native Nations, and institutions of higher education, who will collaboratively work to develop recommendations to mitigate and adapt to the consequences of climate change to the benefit of the Wisconsin inhabitants.
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California AB 38 (2019): Fire safety and wildfire mitigation
October 2, 2019
California Assembly Bill 38, passed in 2019, aims to boost wildfire resilience through real estate disclosures regarding home wildfire risk and mitigation measures, financial assistance mechanisms, and local/regional capacity reviews.
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California AB-65 Coastal protection: climate adaption: project prioritization: natural infrastructure: local general plans
September 27, 2019
California AB-65 requires the State Coastal Conservancy to prioritize funding coastal projects that use natural infrastructure in in support of coastal climate change adaptation. It authorizes the Conservancy also to provide technical assistance to coastal communities to better assist them with their projects that use natural infrastructure. AB-65 applies to the distribution of the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, or Proposition 68 funding.
Resource Category: Law and Governance
