BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   April 13, 2010

                    ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                             Jared William Huffman, Chair
                      AB 2503 (Perez) - As Amended:  April 5, 2010
           
          SUBJECT  :   Ocean Resources:  Artificial Reefs:  Decommissioned Oil  
          Platforms

           SUMMARY  :   Enacts the California Marine Life Legacy Act,  
          authorizing conversion of decommissioned offshore oil platforms or  
          production facilities into artificial reefs if specified criteria  
          are met, including a finding that conversion to an artificial reef  
          would provide a "net benefit" to the environment as compared to  
          removal of the facility from the marine environment, and creates  
          the California Endowment for Marine Preservation.  Specifically,  
           this bill  :

          1)States various legislative findings and declarations regarding  
            the benefits and need for an artificial reef research and  
            development program, the benefits and cost savings that may  
            result if decommissioned offshore oil platforms are allowed to  
            be converted to artificial reefs, and the need for a mechanism  
            to ensure that those savings are shared with the citizens of the  
            state and used to benefit coastal marine resources.

          2)Defines various terms for purposes of the California Marine Life  
            Legacy Act (the Act).

          3)Repeals, reenacts and expands the California Artificial Reef  
            Program, as part of the Act, to be administered by the  
            Department of Fish and Game (DFG), and to include all the  
            following elements:
             a)   Placement of artificial reefs, including decommissioned  
               offshore oil platforms allowed to remain in place as  
               artificial reefs in state or federal waters,
             b)   Study of existing successful reefs and all new reefs to  
               determine the design criteria needed to increase marine  
               biomass and biodiversity.
             c)   Determination of the requirements for reef siting and  
               placement.
             d)   Consideration of modification and use of existing marine  
               structures in both state and federal waters as artificial  
               reefs.









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          4)States legislative intent that future sources of funding for the  
            Artificial Reef Program may include the Fish and Game  
            Preservation Fund (FGPF), the California Environmental License  
            Plate Fund, the Wildlife Restoration Fund, bond funds, federal  
            funds, county funds, the California Endowment for Marine  
            Preservation which this bill would create, and private  
            donations.

          5)Authorizes DFG to serve as the primary authority for managing  
            and operating artificial reefs created from offshore oil  
            platforms, to obtain funds for these purposes from any lawful  
            source, and to adopt regulations to implement the Act.

          6)Authorizes DFG to approve conversion of an offshore oil platform  
            or facility to an artificial reef only if all the following  
            criteria are satisfied:
             a)   The alternative of conversion provides a "net benefit" to  
               the environment compared to the alternative of removing the  
               facilities from the marine environment.  Requires DFG in  
               determining net benefit to take into account certain factors.
             b)   The artificial reef will be consistent with state and  
               federal water quality control laws, navigational safety, the  
               California Coastal Management Program, the Marine Life  
               Management Act, the Marine Life Protection Act, the federal  
               Magnuson-Stevens Fishery Conservation and Management Act, the  
               National Fishing Enhancement Act, and all applicable state,  
               federal and international laws. 
             c)   The owner or operator of the oil platform provides  
               sufficient funds to DFG to cover an evaluation of the  
               benefits of the artificial reef, including any necessary  
               research, costs of reviewing, approving, and permitting the  
               project, and for overall management of the reef, including  
               enforcement, research and monitoring.
             d)   The owner or operator of the oil platform agrees to  
               indemnify the state against any and all liability that may  
               result.
             e)   The owner or operator applies for and receives all  
               required government permits, including a permit from the  
               United States Army Corps of Engineers.  (This requirement  
               would not apply if DFG agrees to take title to the facility.)
             f)   For facilities in federal waters, DFG may approve  
               conversion to an artificial reef if DFG agrees to take title,  
               DFG obtains the U.S. Army Corps of Engineers permit, and the  
               conversion is approved by the U.S. Minerals Management  
               Service.








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          1)Authorizes DFG to take title to a decommissioned oil platform in  
            either state or federal waters if an agreement is reached that  
            will ensure that cost savings to the owner or operator of the  
            facility are deposited in a new endowment created by the Act,  
            all other requirements of the act and required permits are met  
            and received, the artificial reef conversion operation is  
            completed, and the state is indemnified from any liability that  
            may result.

          2)Requires DFG, for each application received for conversion of an  
            oil platform to an artificial reef, to determine criteria for  
            biological evaluation of the facility for use as an artificial  
            reef.  Requires DFG to consult with and advise the California  
            Coastal Commission (CCC), the State Lands Commission (SLC) and  
            other responsible agencies as to the criteria.  Requires the  
            criteria to include consideration of the depth and location of  
            the reef.

          3)Requires DFG to ensure the accuracy of the cost savings  
            calculated or to contract with another entity for this purpose.   
            Requires DFG to use and consider estimates of cost savings  
            provided by any other governmental agency, or if DFG disagrees  
            with the estimate used by another agency, to prepare a public  
            report explaining the reasons for the differences.

          4)Authorizes an oil platform owner, at any time prior to transfer  
            of title to the state, at its sole discretion, to cease  
            participation in the artificial reef conversion and pursue full  
            decommissioning, subject to reimbursement to the state of all  
            reasonable costs and expenses incurred.

          5)States that nothing in this bill shall be construed to do any of  
            the following:
             a)   Relieve the prior owner or operator of an offshore oil  
               platform or facility from any continuing liability under  
               existing laws associated with seepage or release of oil from  
               the platform or facility,
             b)   Establish any new liability on the part of the state, 
             c)   Require any agency to approve an artificial reef  
               conversion, 
             d)   Promote or encourage offshore oil exploration in  
               California coastal waters,
             e)   Require the United States Department of Interior or the  
               State Lands Commission to modify an existing oil and gas  








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               lease,
             f)   Alter any existing law that establishes liability for  
               damages arising from artificial reefs,
             g)   Alter any existing law that protects natural reefs,
             h)   Alter the authority of any state or local agency,
             i)   Approve any particular method of abandonment.

          1)Prohibits any conversion of an oil platform or facility to an  
            artificial reef from being used or counted as mitigation for any  
            environmental impacts to natural resources.

          2)Requires 50% of the cost savings to an owner or operator of an  
            oil platform or facility from voluntarily converting the  
            facility to an artificial reef instead of removing the facility,  
            to be apportioned as follows:
             a)   90% to be deposited in the California Endowment for Marine  
               Preservation, which this bill would create.
             b)   10% to be deposited with the board of supervisors of the  
               county immediately adjacent to the facility.  Requires the  
               county to use these funds for projects within coastal lands  
               and waters.

          1)Establishes the Accelerated Existing Platform Decommissioning  
            Program (AEPDP).  Provides that proposed conversions of oil  
            platforms to artificial reefs which meet the requirements of the  
            AEPDP shall be subject to expedited review under the California  
            Environmental Quality Act (CEQA).  To apply to enroll in the  
            AEPDP and qualify for the CEQA expedited review, the project  
            must meet all other requirements for approval of artificial reef  
            conversions as specified in the Act (except that the applicant  
            shall have applied but need not yet have received all applicable  
            government approvals), and the application must contain a  
            reefing plan, a management plan, a proposed determination of the  
            net environmental benefit, and a proposed calculation of the  
            cost savings.

          2)Requires DFG, for projects filed under the AEPDP, to complete  
            the CEQA review, consult with other responsible agencies,  
            provide opportunity for public comment, hold a public hearing,  
            make a final determination whether a project meets program  
            requirements, and determine if there is a net environmental  
            benefit, all within one year if certification for an  
            Environmental Impact Report (EIR), or within 180 days for a  
            negative declaration.  Provides that if DFG does not complete  
            the review within these time frames then the application would  








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            be considered under the non-accelerated program.

          3)Requires the applicant, upon execution of an agreement to enroll  
            the facility in the AEPDP, to pay 50% of the cost savings  
            apportioned to the California Endowment for Marine Preservation  
            for deposit into the State General Fund.  Requires the  
            applicant, upon completion of the decommissioning and conversion  
            to an artificial reef and transfer of title to DFG, to deposit  
            the balance of the cost saving apportioned to the California  
            Endowment for Marine Preservation in the endowment.  Further  
            requires that within 15 years of the deposits, the state shall  
            deposit an amount equal to 80% of the amount deposited in the  
            General Fund into the California Endowment for Marine  
            Preservation, and 20% of that amount to the county immediately  
            adjacent to the facility.

          4)Sunsets the AEPDP on January 1, 2014.

          5)Establishes the California Endowment for Marine Preservation,  
            which shall be subject to the Nonprofit Public Benefit  
            Corporation Law, and governed by a board of directors consisting  
            of nine members appointed by the Governor.  Specifies criteria  
            for each member and term of office.

          6)Authorizes the members of the initial board to serve as  
            incorporators, and states legislative intent that the endowment  
            not be incorporated until funds are made available pursuant to  
            the California Marine Legacy Act.

          7)States that the purpose of the endowment is to create a  
            permanent source of funding for projects to conserve, protect,  
            restore and enhance open coastal marine resources, as specified.

          8)Authorizes the endowment board to obtain grants, make contracts,  
            loan funds, hire employees and obtain legal counsel.  Prohibits  
            an employee of the endowment from also being an employee of the  
            state, and requires that employees of the endowment shall have  
            the right to representation under the National Labor Relations  
            Law. 

          9)Requires the endowment board to create a 5 year business plan  
            and to update the plan annually.  Requires the endowment board  
            to submit a report to the Legislature by February 1 of each year  
            that includes the business plan, a comprehensive report of all  
            activities, grants and loans, and any independent audits  








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            required. 

          10)Prohibits the endowment board from making political  
            contributions.  Requires the endowment to coordinate with  
            specified state and federal agencies.  Authorizes the endowment  
            to receive charitable contributions and loans from the state.

          11)Requires the endowment to invest and manage funds it receives  
            in order to provide income in perpetuity, prohibits expenditure  
            of the principal amount, and authorizes expenditure only of  
            returns on investment.  Requires that the funds be invested and  
            managed in accordance with the Nonprofit Public Benefit  
            Corporation law, requires annual independent audits of the  
            funds, and authorizes the Bureau of State Audits to audit the  
            endowment.  Requires that a report of each audit be made to the  
            Legislature and Governor.  Further requires that recipients of  
            assistance from the endowment comply with record keeping  
            requirements, and that the endowment and the Bureau of State  
            Audits be given access to the records of recipients.

           EXISTING LAW  :  

          1)Establishes the California Artificial Reef Program to research  
            the construction and placement of artificial reefs in California  
            waters to enhance marine fish species.

          2)Generally requires, pursuant to existing state and federal  
            offshore oil leases, removal of decommissioned oil platforms  
            after the lease ends, though federal regulations and state and  
            federal lease provisions allow the federal government to  
            consider and approve decommissioning methods other than complete  
            removal.  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   The purpose of this bill is to provide a process by  
          which an oil company wishing to decommission an offshore oil  
          platform can apply to the state to leave it in place (with the top  
          80 feet removed) and split the savings incurred from not having to  
          remove it with the state and with a nonprofit trust fund that will  
          be created.   According to the author and sponsor, this bill is  
          necessary to create a legal framework for the conversion of  
          offshore oil rigs to artificial reefs, and to determine how the  
          revenue generated will be spent.









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           Background  :  Currently, there are 27 offshore oil and gas  
          platforms located 1.2 to 10.5 miles off the southern California  
          coast, at depths ranging from 35 to 1,198 feet.  Four of the  
          platforms are in state waters and 23 in federal waters.  Several  
          of these rigs are expected to be decommissioned in the next  
          decade.   The options for dealing with a platform after  
          decommissioning are to leave it in place, partially remove it, or  
          completely remove it.  In the Gulf of Mexico, 85% of  
          decommissioned oil platforms have been partially removed or  
          toppled, providing aquatic habitat.  Most of these are in much  
          shallower water than the rigs in California.  In California, six  
          platforms have been decommissioned, all by removal.  Oil companies  
          stand to gain substantial cost savings (by some estimates in the  
          tens of millions to hundreds of millions of dollars per platform)  
          if they are allowed to leave some or all of the platform in place.

           Science  :  Several scientific arguments have been offered in  
          support of re-using decommissioned oil rigs as artificial reefs.   
          The platforms may provide breeding, rearing and refuge habitat for  
          fish and invertebrates.  In California, 32 out of 52 federally  
          managed rockfish species have been documented at the platforms.    
          If the platforms are removed this fish habitat will be lost, and  
          the attached invertebrates will be killed.  Approximately 900 tons  
          of invertebrates were estimated destroyed when 2 platforms were  
          removed in 1986, and over 2,000 tons when 4 platforms were removed  
          in 1996.  Biological surveys conducted in southern California  
          found the platforms tended to have higher abundances of large  
          fishes, particularly declining but economically important species,  
          than did most natural reefs.  Scientific researchers M.S. Love and  
          D.M. Shroeder concluded this is likely due to the relatively low  
          fishing effort around many platforms in southern California, thus  
          the platforms are acting as de-facto mini-marine protected areas  
          for fish.  These same researchers also found the platforms served  
          as nurseries harboring higher densities of young fish.  The  
          platforms occupy a relatively small space and so contribute little  
          additional habitat relatively speaking.  However, their importance  
          as fish nurseries and refuges may be more significant than  
          otherwise suggested by their size, since the off shore position  
          makes them less susceptible to coastal pollution.

          Another reason given for keeping the rigs in place is the  
          environmental destruction caused by their removal.  Removal kills  
          the organisms attached to the platform, and fish are killed by the  
          underwater explosions used to remove the platforms from the sea  
          floor.








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          Information from DFG indicates that offshore platforms do support  
          abundant populations of fish and invertebrates, but their actual  
          habitat value and contribution to increased production of marine  
          life is under study.  DFG is part of an Inter-agency  
          Decommissioning Working group composed of federal, state and local  
          agencies that have been following this issue for several years.   
          While some earlier studies questioned the contributions of oil  
          platforms to reef habitat in the southern California region, in  
          2003 the California Artificial Reef Enhancement Program, a  
          non-profit group sponsored by Chevron, published a report which  
          concluded, based on peer reviewed science, that some platforms may  
          be important to regional fish production.  This bill requires DFG  
          to study each oil platform proposed to be allowed to stay in place  
          as an artificial reef to determine whether there would be a "net  
          environmental benefit."    

           Arguments in Opposition  :  Although the committee has not received  
          any formal written opposition to this bill as of the date of this  
          writing, arguments against rigs to reef proposals in the past have  
          generally raised three main arguments: 1) that the oil industry  
          agreed to remove these platforms as a condition of the lease and  
          should be held accountable for the full costs of removal, clean up  
          of the site, and return of the ocean environment to its natural  
          condition; 2) that the abandoned oil platforms present a safety  
          hazard for navigation and an obstacle to commercial fishing,  
          especially trawling; and 3) that if oil companies are allowed to  
          leave the oil rigs in place as artificial reefs, a greater share  
          of the cost savings should inure to the  state.

           Related Legislation  :  SB 1 (Alpert) of 2001 proposed a similar  
          Rigs to Reefs program but was vetoed by the Governor.

           Questions and Issues  : 

          1.  Ocean Protection Council (OPC) Study ongoing  :  The OPC, through  
          the Ocean Science Trust recently commissioned a comprehensive  
          study on oil and gas platform decommissioning alternatives in  
          California.  The State Natural Resources Agency began a  
          stakeholder process in 2007 which outlined a range of  
          environmental, economic, engineering and social questions  
          concerning decommissioning options.  The OPC issued an RFP, a  
          consultant was selected, and the project team commenced work on  
          the study in April 2009.  The study is scheduled to be completed  
          and submitted to the OPC, along with a decision-making computer  








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          model, in June of 2010.  The purpose of the study is to assemble  
          and examine scientific and legal information to frame state policy  
          discussions on alternatives for decommissioning.  Information  
          developed is intended to be used by the California Natural  
          Resources Agency to evaluate and inform policy discussions.  The  
          consultant team is working with the California Ocean Science Trust  
          and an Expert Advisory Committee.  The OPC notes that the  
          potential decommissioning of oil and gas platforms in State  
          Tidelands and on the Outer Continental Shelf off the California  
          coast is a complex issue requiring careful collection and analysis  
          of information on decommissioning alternatives.  This report, once  
          it is finalized, should provide useful information to help inform  
          the Legislature and the agency on policy alternatives. 

          2.  State Liability Issues  :  Since the state will be acquiring  
          title to the decommissioned oil platforms, and assuming  
          responsibility for long term management, this bill requires the  
          owner or operator of the oil platform to indemnify the state  
          against liability, and authorizes DFG to consider a number of  
          mechanisms for ensuring the state can defend itself against  
          resulting judgments.  However, it is unclear how the state will  
          secure such protection, determine the amount of liability coverage  
          that is needed, or what the remedy would be if the security  
          required turns out to be inadequate to cover all the state's  
          future liability costs.  The sponsors believe liability risk to  
          the state would be minimal for three reasons: 1) because federal  
          law requires the oil company to continue to assume the ongoing  
          risk for any oil leaks, 2) because federal law provides there is  
          no liability for navigational collisions with structures that are  
          identified on navigational charts, and 3) because diving is  
          considered an inherently dangerous activity to which the  
          assumption of risk doctrine applies.  It should be noted this bill  
          does provide that nothing in the Act shall be construed to relieve  
          the owner or operator from continued liability for any oil  
          seepage, or establish any new liability for the state.      

          3.  DFG Capacity and Start-up costs  :  This bill places significant  
          responsibilities on DFG, an agency which has been plagued with  
          budget and staff cuts, in the face of growing statutory and legal  
          obligations.  DFG's responsibilities under this bill include but  
          are not limited to, determining net environmental benefit,  
          determining all requirements of the act are met and the project is  
          consistent with all other applicable laws, determining liability  
          indemnification requirements, determining criteria for biological  
                                                          evaluation, ensuring accuracy of cost savings estimates,  








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          completing CEQA review, holding a public hearing, obtaining  
          federal permits, consulting with other agencies, and assuming  
          primary responsibility for management and operation of the  
          platforms as artificial reefs.  Whether DFG currently has the  
          capacity to fulfill these responsibilities is highly doubtful.   
          Particularly given the short time constraints for completion, DFG  
          would likely need to have staff and resources already in place to  
          begin the work before an application is received.  DFG does not at  
          this time have such a unit.  Background information provided by  
          DFG indicates at a minimum such a unit would need to include  
          fishery biologists, an environmental toxicologist, civil engineer,  
          legal counsel, and program analyst.  Preliminary estimates to fund  
          such a unit are $1.7 million or more per year, though costs could  
          decline in subsequent years.  

          Although this bill provides that the owner or operator of the oil  
          platform shall be responsible for paying all of DFG's costs for  
          evaluation, review, approval, permitting, management, enforcement,  
          research and monitoring, it is unclear how the upfront startup  
          costs for DFG to establish the inhouse capacity to do this work  
          would be paid for.  By analogy, a recent legislative proposal that  
          established a new expedited program for approval and siting of  
          solar energy projects in the desert, SBX8 34 (Padilla), gave the  
          DFG and CEC new fee authority to collect upfront permit  
          application fees to cover program costs.  Another option to  
          consider might be a one time loan to DFG from another funding  
          source to be repaid from the endowment or with applicant fees.

          Some of the factors this bill requires be taken into account in  
          determining net environmental benefit are also arguably more  
          within the purview of other agencies and outside the expertise of  
          DFG, for example, air quality impacts and other onshore impacts,  
          which may be more appropriately analyzed by the Air Resources  
          Board and other agencies with specific authorities in the coastal  
          zone. 

          4.  Practicality of Timelines for Accelerated Program  :  Under the  
          AEPDP accelerated decommissioning program option, this bill would  
          require DFG to complete the CEQA review, consult with other  
          responsible agencies, provide opportunity for public comment, hold  
          a public hearing, make a final determination whether a project  
          meets program requirements, and determine if there is a net  
          environmental benefit, all within one year of certification if an  
          EIR is required, or within 180 days for a negative declaration.   
          Given DFG's current capacity, this expedited time frame may not be  








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          practically feasible.  If DFG is not able to complete the review  
          within the expedited time frame then this bill provides that the  
          application would revert to the non-accelerated process.

          Under the accelerated program the applicant is required to apply  
          for all required state, federal and local permits and approvals,  
          but need not have received those permits and approvals before the  
          state takes title to the platforms.  What happens if all required  
          permits and approvals are ultimately not received is unclear and  
          should be clarified.   

          5.  Funding for long-term management and maintenance  :  This bill,  
          in Section 6427 (f) requires the owner or operator of the offshore  
          oil platform to provide sufficient funds to DFG to cover DFG's  
          costs for evaluation, necessary research, review, approval,  
          permitting, and overall management of the reef, including  
          enforcement, research and monitoring.  Committee staff suggests  
          three amendments to clarify this section.  First, subsection (C)  
          should be amended to clarify that overall management includes  
          costs for long term management, operations and maintenance.   
          Second, subsection (f)(2) provides that funds paid to DFG under  
          this section shall be deposited in the California Endowment for  
          Marine Preservation (which this bill would create, and which would  
          be managed outside the state by a nonprofit board of directors),  
          except for those funds required by DFG to cover permitting costs,  
          including but not limited to, scientific evaluations, EIRs, and  
          monitoring reports.  Since all of the funds to be paid under  
          (f)(1) are funds necessary to cover DFG's costs, it is unclear why  
          any of the funds paid under that section should go to the  
          endowment instead of DFG.

          Third, proposed Section 6425, on page 5 of this bill, states  
          legislative intent that future sources of funding for the program  
          may include a number of state fund sources, including but not  
          limited to the FGPF.  Since Section 6427 (f) provides that all  
          state costs for the program should be paid by the operators or  
          owners of the oil platform or facility, it is recommended that  
          this section be deleted.    

          6.  Enforceability of requirement for state to repay cost savings  
          to endowment fund after 15 years and interpretation of cost  
          savings allocation  :  This bill provides a different allocation for  
          the cost savings incurred by the oil company, depending on whether  
          the application is processed through the accelerated program or  
          the non-accelerated program.  Under the non-accelerated program,  








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          50% of the cost savings stays with the oil company, and the other  
          50% is allocated 90% to the endowment created by the bill, and 10%  
          to the county immediately adjacent to the oil rig.  These payments  
          are required to be made once all the permits and approvals for  
          conversion to an artificial reef are granted.  Under the  
          accelerated program, half of the portion that would otherwise go  
          to the endowment would go instead to the state General Fund upon  
          execution of the agreement with DFG.  The other half of the cost  
          savings allocated to the endowment would go to the endowment upon  
          completion of the conversion of the facility and transfer of the  
          title to DFG.  Then within 15 years, the state would be required  
          to deposit 80% of the amount which was paid to the General Fund  
          into the endowment, and 20% to the county.  The requirement for  
          the state, within 15 years, to deposit that money in the endowment  
          fund is likely unenforceable, since the Legislature cannot bind a  
          future legislature, which could simply amend the law to remove  
          that requirement.  The language of this bill also lacks clarity as  
          to the allocation and could be simplified.

          In addition, 50% split on the cost savings, allowing the company  
          to retain 50% of the savings, is modeled after the Texas law, but  
          it is unclear whether a 50/50 split, or some other cost allocation  
          formula is most appropriate.        

          7.   Endowment  :  This bill creates the California Endowment for  
          Marine Preservation, which would be a new private, nonprofit  
          entity, managed be a nine member board of directors appointed by  
          the Governor.  A portion of oil company cost savings from being  
          allowed to leave the decommissioned oil platforms in place would  
          be deposited in the endowment, which would be required to be  
          managed as a nonwasting endowment, and the return on investment  
          used for specified purposes related to conserving, protecting,  
          restoring and enhancing open coastal marine resources.  There are  
          pros and cons to managing these funds through a private endowment  
          versus a state trust fund the Legislature may wish to consider.   
          Managing the funds through an endowment may help to protect the  
          funds from being used for other unrelated state purposes.  A  
          private endowment may also have the capacity to earn higher  
          returns on investment than is possible with the state's pooled  
          money investment account, which is important if only the returns  
          on investment and not the principal are to be available for  
          expenditure.  On the other hand, a private entity is not subject  
          to the same requirements as state entities are with regard to  
          public process and transparency, and the state would not have  
          direct control over the fund.  The Legislature may also want to  








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          consider the merits of adding additional safeguards, such as  
          requiring the endowment to follow reasonable and prudent investor  
          standards, generally accepted accounting practices, and investment  
          policies that are consistent with the Uniform Management of  
          Institutional Funds Act, and to include a nonperformance or  
          reversion clause in the event of nonperformance.  Issues regarding  
          management and uses of the fund should be further analyzed and  
          considered as this bill moves forward.

          The nine board members of the endowment would be appointed by the  
          Governor for specified terms.  The Legislature may wish to  
          consider whether some of the appointments should be made by the  
          Legislature, or subject to Senate confirmation.               

          8.  Technical amendments  :  This bill proposes definitions for  
          various terms in both the Fish and Game Code and Public Resources  
          Code.  Amendments should be taken to make the definition of  
          "artificial reef" consistent in both codes, and to correct an  
          inconsistency between proposed sections 6427(g) and Section 6427.5  
          regarding receipt of permits and when DFG takes title.       

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           California Council of Land Trusts (in concept)
          Sportfishing Conservancy
          Western States Petroleum Association

           Opposition 
           None on file
           
          Analysis Prepared by  :    Diane Colborn & Igor Lacan, Ph.D. / W.,  
          P. & W. / (916) 319-2096