BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  SB 1319|
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                                 THIRD READING


          Bill No:  SB 1319
          Author:   Burton (D), et al
          Amended:  5/24/04
          Vote:     21

           
           SENATE NATURAL RES. & WILD. COMMITTEE  :  6-3, 3/23/04
          AYES:  Kuehl, Alpert, Bowen, Ortiz, Sher, Torlakson
          NOES:  Oller, Denham, Hollingsworth

           SENATE APPROPRIATIONS COMMITTEE  :  8-3, 5/20/04
          AYES:  Alpert, Bowen, Burton, Escutia, Karnette, Machado,  
            Murray, Speier
          NOES:  Battin, Aanestad, Ashburn
          NO VOTE RECORDED:  Johnson, Poochigian


           SUBJECT  :    Natural resources: ocean protection

           SOURCE  :     Author


           DIGEST  :    This bill makes findings and declarations to the  
          effect that the policy governing all state actions should  
          be to preserve and protect the ocean environment, and  
          establishes the Ocean Protection Council and defines its  
          authority.

           ANALYSIS  :    Current law does all of the following:

          1.Authorizes the State Coastal Conservancy (Conservancy) to  
            expend Proposition 40 bond funds for projects that  
            accomplish one or more specific goals intended to protect  
            ocean resources, including restoring fish habitat, ocean  
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            monitoring and mapping, and watershed restoration (AB 847  
            (Pavley), 2003).

          2.Directs the Conservancy to coordinate efforts intended to  
            protect ocean resources with the State Water Resources  
            Control Board, the regional boards, and the Integrated  
            Watershed Management Program, and requires that these  
            efforts include an ocean monitoring and evaluation  
            component.

          3.Directs the Wildlife Conservation Board to expend bond  
            funds for coastal wetlands acquisition and restoration.

          4.Establishes the Marine Managed Areas Improvement Act to  
            provide a systematic and coherent approach to the  
            designation and classification of Marine Managed Areas.

          This bill does all of the following:

          1.Makes legislative findings and declarations regarding the  
            need to protect the ocean, the economic benefit of the  
            ocean to the economy of California, and the need to  
            coordinate state agency activity to ensure that state  
            action does not harm the ocean environment.

          2.Declares that ocean waters are a public trust resource.

          3.Establishes the Ocean Protection Council and defines its  
            members, and grants it authority to expend funds from the  
            California Ocean Protection Trust Fund, which may receive  
            Proposition 50 bond funds.

          4.Establishes the California Ocean Protection Trust Fund in  
            the State Treasury.

          5.Gives the Ocean protection Council the authority to do  
            all of the following:

             A.   Review and recommend proposals to the state  
               Interagency Coordinating Committee and to designing  
               entities.

             B.   Recommend to the Governor and the Legislature  
               actions the state should take to protect the marine  







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               environment.

             C.   Undertake projects to, among others, foster  
               sustainable fisheries, improve coastal water quality,  
               provide monitoring and scientific data to improve  
               state effort to protect and conserve the ocean,  
               restore coastal waters and marine ecosytems, and other  
               related efforts to restore and protect the ocean  
               waters of the state.

             D.   Oversee the State Interagency Coordinating  
               Committee.

           Comments
           
          In both of the recent resource protection bond measures,  
          Proposition 40 (March 2002) and Proposition 50 (November  
          2002), marine life and marine habitat were not specifically  
          considered.  Two bills were authored by Assemblywoman  
          Pavley to provide for expenditure of Proposition 40 funds  
          for projects related to ocean protection and monitoring.  
          COPA does this for Proposition 50 bond funds, and also  
          creates a new entity to oversee and carry out projects  
          design to protect the ocean environment.

           Related legislation
           
          SB 1318 (Burton), on Senate Third Reading file, makes  
          findings and declarations to the effect that the policy  
          governing all state actions should be to preserve and  
          protect the ocean environment, and proposes a ballot  
          initiative to allow Proposition 50 bond funds to be used  
          for grants and expenditures to monitor and protect coastal  
          and ocean resources.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                              Fiscal Impact (in thousands)

           Major Provisions                2004-05     2005-06     
           2006-07   Fund  







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          OPC Staff                               unknown,  
          potentially $200                        GF
          Grant Guidelines                        unknown, at least  
          $100                                    GF
          OPC meetings             unknown             GF

           SUPPORT  :   (Verified  5/24/04)

          Defenders of Wildlife
          Environmental Defense
          Natural Resources Defense Council
          Sierra Club of California
          The Fund of Animals, Inc.
          The Nature Conservancy
          The Ocean Conservancy
          Pacific Coast Federation of Fishermen's Associations
          United Anglers

           OPPOSITION  :    (Verified  5/24/04)

          Department of Finance
          Western States Petroleum Association

           ARGUMENTS IN SUPPORT  :    According to information provided  
          by the author's office, the California Ocean Protection Act  
          (COPA), which refers both to this bill and to SB 1318, is  
          based upon recommendations of the Pew Oceans Commission  
          report, America's Living Oceans (2003) as well as the  
          United States Commission on Ocean Policy, appointed by  
          President Bush. The stated purpose of COPA is to streamline  
          and consolidate oversight of California's ocean resources,  
          designate ocean and marine ecosystems as a public trust,  
          promote ocean protection policies based on sound science,  
          and facilitate the designation of marine protected areas.

          According to the Natural Resources Defense Council, "Many  
          excellent and visionary ocean conservation measures are on  
          the books, but are not being implemented fully or at all  
          due to lack of funding and lack of political will.  
          Meanwhile, California's remarkable ocean resources continue  
          to decline?.(COPA) offer an opportunity to remedy this  
          tragedy by authorizing the expenditure of existing Bond  
          funds for ocean conservation."







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           ARGUMENTS IN OPPOSITION  :    The Department of Finance  
          opposes this bill for the following reasons:  (1) The bill  
          creates a new permanent organization within state  
          government at a time when the Administration is working to  
          consolidate functions and departments; (2) the bill  
          violates the separation of powers between the  
          Administration and the Legislature.  Legislative members  
          should not be involved in the administration of the  
          Council's activities; and, (3) oversight authority for the  
          new Council within the Administration in unclear.


          CP:nl  5/24/04   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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