BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2125
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          Date of Hearing:  April 12, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    AB 2125 (Ruskin) - As Amended:  April 5, 2010
           
          SUBJECT  :  Coastal resources:  marine spatial planning.

           SUMMARY :  Requires the Ocean Protection Council (OPC) to support  
          the state's use and sharing of scientific and geospatial  
          information for coastal and ocean-relevant decision-making;  
          requires OPC to consider marine spatial planning (MSP) as a tool  
          for achieving comprehensive management of the state's ocean and  
          resources.

           EXISTING LAW :

          1)Enacts the California Ocean Protection Act of 2004 (SB 1319  
            (Burton), Chapter 719, Statutes of 2004), which creates the  
            OPC, consisting of the Secretary of the Natural Resources  
            Agency, the Secretary for Environmental Protection, and the  
            Chair of the State Lands Commission.

          2)Requires OPC to, among other things, coordinate ocean  
            protection and conservation activities of state agencies; to  
            improve the effectiveness of state efforts to protect ocean  
            resources; and to establish policies to coordinate the  
            collection and sharing of scientific data related to coast and  
            ocean resources between agencies.

           THIS BILL  :

          1)Subject to available funding, requires OPC to support state  
            agencies' use and sharing of scientific and geospatial  
            information for coastal- and ocean-relevant decision-making,  
            including MSP, by:

             a)   Assessing the needs of public agencies with respect to  
               their abilities to gather, manage, use, and share  
               information and decision-support tools relevant to  
               ecosystem-based management.

             b)   Increasing the amount of baseline scientific and  
               geospatial information that is available to public agencies  
               with respect to coastal and ocean ecosystems, climate  








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               change, cumulative impacts, existing and predicted human  
               activities, social, economic and cultural values.

             c)   Supporting public agencies' collaborative management and  
               use of scientific and geospatial information relevant to  
               ecosystem-based management.

             d)   Helping identify decision-support tools relevant to  
               ecosystem-based management, and, where appropriate, support  
               the adaptation of those tools or the creation of new tools  
               to serve the state's needs.

          2)Subject to available funding, requires OPC to consider  
            ecosystem-based MSP as a tool for achieving effective and  
            comprehensive management of California's ocean resources and  
            develop recommendations that address all the issues in (b)  
            above.

          3)To the extent funding is made available for their  
            participation, and consistent with their individual mandates,  
            requires each agency, board, department, or commission of the  
            state with ocean or coastal management interests or regulatory  
            authority to cooperate with OPC to achieve the goals of this  
            bill.

          4)Authorizes OPC to award grants, enter into interagency  
            agreements, and provide assistance to public agencies and  
            nonprofit organizations to support this effort, including  
            grants to improve geospatial data collection, interagency data  
            sharing and collaboration, and tools for visualizing and  
            analyzing these data.  Requires OPC to give preference to  
            public agencies that are meeting the goals of this bill.

           FISCAL EFFECT  :  Unknown

           COMMENTS : According to the author's office:

            Management and conservation of the world's oceans require  
            synthesis of spatial data on the distribution and intensity of  
            human activities as well as the overlap of those impacts on  
            marine ecosystems.  Therefore, scientific and geospatial  
            information that is both relevant and accessible is critical  
            to advance the health of ocean and coastal ecosystems.   
            However, despite existing laws and efforts, ocean managers and  
            decision-makers often do not have access to the latest  








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            technology or scientific information that can support their  
            public trust responsibilities.  This includes making  
            permitting decisions and conducting long-term ocean planning.

            Increased coordination between agencies, geospatial data  
            sharing and new information technology for state planners and  
            managers with ocean and coastal-related jurisdiction is  
            required to enable these entities to best evaluate ecosystem  
            threats to our state's coastal and marine environments.   
            Without the [OPC] actively coordinating these functions,  
            permitting and long term planning will not be as effective as  
            is necessary.

           1)Assessing geospatial data needs of coastal/ocean managers  :   
            Geospatial data can be displayed in a format as a simple as a  
            street map or as complex as a geographic information system  
            (GIS) interface.  In a marine context, the data types can  
            include bathymetry or topography of the ocean floor, coastal  
            aerial imagery, marine habitat, and jurisdictional boundaries  
            of a protected area.  As part of their regulatory or planning  
            responsibilities, agencies such as the California Coastal  
            Commission, State Lands Commission, and Department of Fish and  
            Game (DFG) have been collecting these data in various formats  
            for decades.  However, most of this data is not digitized,  
            standardized or centralized in a format easily accessible to  
            other agencies or the public, nor is some of it of high value  
            for broader planning purposes. (This applies to most data or  
            documentation produced in compliance with environmental laws  
            or regulations.)  

            According to the OPC, environmental regulators or resource  
            managers "are currently unable to access all pertinent  
            information [e.g., physical oceanography, species data,  
            fishing activity] when making permitting decisions or  
            conducting long-term planning.  Even if information is  
            available, few agencies have been able to take advantage of a  
            new generation of mapping programs and techniques that allow  
            them to visualize and analyze data in a geospatial format." At  
            the same time, "all pertinent information" may not be  
            necessary or required in order to justify permitting  
            decisions.  The key question is this:  can data sharing or  
            centralization result in efficiencies or cost savings for an  
            applicant or an agency or enhanced environmental protection  
            sufficient to justify public investment in the information  
            management system necessary to support it?








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            This bill requires the OPC to assess the needs of state  
            agencies in gathering, managing, using, and sharing  
            information and decision-support tools for "coastal- and  
            ocean-relevant decision-making."  This directive is an  
            outgrowth of workshop sponsored by OPC, and its federal and  
            scientific partners, to assess the needs and capabilities of  
            resource managers, including state and federal agency staff,  
            to manage and share geospatial data.  Key recommendations from  
            this workshop include the adoption a geospatial information  
            policy for the state, augmentation of agencies' capacity to  
            manage and use geospatial data, and facilitating better  
            collaboration and data-sharing between agencies based on  
            common standards and data platforms.  Implementation of these  
            recommendations could assist the state in the planning and  
            siting of marine renewable energy and aquaculture development.

            The bill also requires OPC to increase the amount of baseline  
            scientific and geospatial information available to public  
            agencies with respect to six broad topics.  Notwithstanding  
            the challenge of gathering or compiling information on  
            "ecosystem health, functioning, productivity, resilience, and  
            vulnerability to threats," for example, this directive appears  
            to occur unrelated to the need for such information, which OPC  
            is also required to determine.   Instead, the committee and  
            author may wish to consider amending the bill  to limit this  
            requirement to the information determined by the needs  
            assessment and to make this information available in a  
            publicly accessible, electronic, and geospatial format (see  
            suggested amendment (b) below).

            A successful example of interagency data sharing that has  
            enhanced resource management decisions and recovery action  
            prioritization is Cal-FISH (calfish.org), a cooperative effort  
            among eight California state and federal agencies to  
            centralize anadromous fish and aquatic habitat data in one  
            Web-based location.  CalFish serves the needs of these  
            agencies by functioning as both data publisher and  
            clearinghouse, providing access to original data (e.g.,  
            population, distribution, migration barriers, habitat  
            restoration, genetics) and links to sites with related habitat  
            information. Users are able to query the database directly or  
            geographically with an interactive on-line mapping system.   
            Data layers include species, habitat, management regime, and  
            location.








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           2)Land-use planning for the ocean  :  Geospatial information and  
            data is integral to the second element of this bill, coastal  
            and marine spatial planning, defined by the federal  
            Interagency Ocean Policy Task Force in its December 2009  
            "Interim Framework for Effective [CMSP]" (Framework) as:

               [A] comprehensive, adaptive, integrated, ecosystem-based,  
               and transparent spatial planning process, based on sound  
               science, for analyzing current and anticipated uses of  
               ocean, coastal, and Great Lakes areas.  CMSP identifies  
               areas most suitable for various types or classes of  
               activities in order to reduce conflicts among uses, reduce  
               environmental impacts, facilitate compatible uses, and  
               preserve critical ecosystem services to meet economic,  
               environmental, security, and social objectives.  In  
               practical terms, MSP provides a public policy process for  
               society to better determine how the ocean, coasts, and  
               Great Lakes are sustainably used and protected now and for  
               future generations.

            The Framework appears to take the first step in applying land  
            use planning or zoning concepts to the ocean and Great Lakes,  
            citing increasing significant and often competing uses and  
            activities, including commercial, recreational, cultural,  
            energy, scientific, conservation, and homeland and national  
            security activities.  Existing ocean and coastal management  
            generally takes place in resource-based silos (e.g.,  
            fisheries, oil and gas development, aquaculture, marine  
            protected areas) that, according to the Framework, "cannot  
            properly account for cumulative effects, sustain multiple  
            ecosystem services, and holistically and explicitly evaluate  
            the tradeoffs associated with proposed alternative human  
            uses." Ideally, MSP would accurately predict future competing  
            demands for a particular resource or area in order to provide  
            a more complete evaluation of cumulative environmental  
            effects.

            The Framework divides the nation into regional governance  
            structures and proposes a planning process wherein regions  
            would adopt marine spatial plans (Plans) consistent with  
            national goals and objectives and subject to certification by  
            the National Ocean Council.  California, Oregon, and  
            Washington constitute the West Coast region and would be  
            expected to develop region-specific objectives, an assessment  








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            of existing and future conditions and "ocean-uses,"  
            performance measures, compliance mechanisms in its Plan.   
            Plans are not intended to be regulatory documents, although  
            state and federal agencies are expected to incorporate its  
            policies into their planning and permitting processes, to the  
            extent consistent with existing laws and regulations.

            Rather than apply another regulatory layer, MSP, as envisioned  
            in the Framework, is intended to complement existing laws and  
            regulations and lead to "sustainable economic growth in  
            coastal communities by providing transparency and  
            predictability for economic investments?" and improved  
            "ecosystem health and services by planning human uses in  
            concert with the conservation of important ecological areas."  
            However, state and federal agencies would be expected to  
            modify its programs or activities consistent with a Plan.   
            This highlights the importance of crafting a Plan that all  
            three states will support.  The West Coast Governor's  
            Agreement is the likely forum to initiate development of this  
            Plan.

            According to the Framework, "This ultimately is intended to  
            result in protection of areas that are essential for the  
            resiliency and maintenance of healthy ecosystem services and  
            biodiversity, and to maximize the ability of marine resources  
            to continue to support a wide variety of human uses."  To  
            illustrate its benefits, the Framework cites a comprehensive  
            planning initiative that enabled the National Oceanic and  
            Atmospheric Administration, U.S. Coast Guard, and other  
            stakeholders to determine shipping needs, deepwater liquefied  
            natural gas port locations, and endangered whale distribution  
            in order to reconfigure the Boston Traffic Separation Scheme.   
            This effort reportedly resulted in lower whale mortality from  
            collisions with ships in the Stellwagen Bank National Marine  
            Sanctuary, decreased vessel transit times, and enhanced  
            maritime safety.

           3)Initial OPC and federal marine spatial planning efforts  :  Last  
            September, the OPC adopted the following resolution:

               The [OPC] resolves to support interagency collaboration and  
               management of geospatial information that will help to  
               identify priority uses and address current and future user  
               conflicts in the ocean environment.  The OPC further  
               directs staff to analyze and develop recommendations on  








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               marine spatial planning, including planning principles and  
               objectives, for future approval by the council.

            This bill essentially codifies the resolution.  In its staff  
            report, OPC staff committed to compiling and assessing  
            existing and future ocean uses and conditions to "help  
            agencies evaluate tradeoffs and measure cumulative impacts of  
            human uses?to resolve user conflicts, and to ultimately  
            undertake comprehensive, long-term planning?."  It also  
            proposed to research legal or regulatory constraints to MSP in  
            California and develop recommendations on MSP, including  
            planning principles and objectives.  The OPC expects to  
            consider these recommendations by the end of this year, though  
            it is unclear exactly what these recommendations will  
            encompass.

            However, before laying the foundation on what appears to be a  
            fundamental shift in coastal and ocean regulation and  
            management, and given the implications of proposed federal MSP  
            policies,  the committee and author may wish to consider  
            whether it is more appropriate for the OPC to report to the  
            Legislature as described in suggested amendment (c) below.

             The committee should note that the on-going development of  
            marine protected areas (MPA) pursuant to the Marine Life  
            Protection Act by the DFG is essentially one element of MSP.   
            The Fish and Game Commission has approved MPAs for the central  
            coast portion of the state and is working on the north and  
            south coasts.  Varying restrictions on fishing and other  
            harvesting activities will be imposed on certain MPAs  
            depending on the sensitivity of the resource and other  
            factors.

           4)Suggested amendments  :

             a)   The bill does not define MSP.  The committee and author  
               may wish to consider including the following definition in  
               the bill's findings:   As defined by the federal Interagency  
               Ocean Policy Task Force, marine spatial planning is "a  
               comprehensive, adaptive, integrated, ecosystem-based, and  
               transparent spatial planning process, based on sound  
               science, for analyzing current and anticipated uses of the  
               ocean or coastal environment.  Marine spatial planning  
               identifies areas most suitable for various types or classes  
               of activities in order to reduce conflicts among uses,  








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               reduce environmental impacts, facilitate compatible uses,  
               and preserve critical ecosystem services to meet economic,  
               environmental, security, and social objectives."
              
             b)   On page 4, lines 8-14 should be amended to read: 

                  (1)       Assess the needs of California's public  
                    agencies with respect to their abilities to gather,  
                    manage, use and share information and decision-support  
                    tools relevant to ecosystem-based management  in the  
                    coastal and ocean environment.
                  (2)       Subject to a determination of need in  
                    paragraph (1) and in consultation with the relevant  
                    coastal or ocean management agency,  increase the  
                    amount of baseline scientific and geospatial  
                    information that is available to public agencies  in a  
                    publicly accessible, electronic, and geospatial format   
                    with respect to the following aspects of coastal and  
                    ocean ecosystems:  

              c)   On page 4, strike lines 36-39 and on page 5 strike lines  
               1-15 and insert:
              
               Subject to the availability of funding, but no later than  
               12 months following the receipt of sufficient funding, the  
               council shall report to the Legislature on:

               i)     The advantages and disadvantages of marine spatial  
                 planning with respect to coastal and ocean management  
                 including consideration of the possible role of marine  
                 spatial planning in:

                  (1)       Improving ecosystem health, functioning,  
                    productivity, resilience, and vulnerability to  
                    threats;
                  (2)       Addressing the effects of climate change;
                  (3)       Evaluating and mitigating the cumulative  
                    effects of human-caused and natural sources of stress;
                  (4)       Assessing existing and predicted patterns of  
                    human activities, including activities that present  
                    conflicting or compatible demands on coastal and ocean  
                    ecosystems;
                  (5)       Understanding social, economic, and cultural  
                    values, including the value of coastal and ocean  
                    ecosystems for providing ecosystem services; and








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                  (6)       Evaluating other physical, biological,  
                    economic, social, and cultural issues that the council  
                    determines are relevant.

               ii)    Whether marine spatial planning is expected to  
                 enhance coastal and ocean resource planning, management,  
                 or regulation and lead to greater efficiencies or cost  
                 savings for the state or regulated community;
               iii)   Whether marine spatial planning is expected to  
                 enhance the sustainability, conservation or protection of  
                 coastal and ocean resources;
               iv)    The implications of federal marine spatial planning  
                 policies and their impact on state or local coastal and  
                 ocean management;
               v)     Recommendations to the Legislature to facilitate  
                 marine spatial planning and;
               vi)    Other matters deemed relevant by the council.
                
             d)   On page 5, lines 16-21 should be amended to read:

               (c)  To the extent funding is made available for their  
               participation  ,  Subject to available funding  , and consistent  
               with their individual mandates, each agency, board,  
               department, or commission of the state with ocean or  
               coastal management interests or regulatory authority shall  
               cooperate with the council to achieve all of the goals  
               described in subdivisions (a) and (b).

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           Ocean Conservancy (sponsor)

           Opposition 
           None on file

           
          Analysis Prepared by  :  Dan Chia / NAT. RES. / (916) 319-2092