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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