BILL NUMBER: SB 461 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 12, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 30, 2013
AMENDED IN SENATE APRIL 16, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Leno
FEBRUARY 21, 2013
An act to amend Section 6217 of, and to add Section
6217.9 to to, the Public Resources
Code, relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 461, as amended, Leno. State tide and submerged lands: mineral
extraction leases: revenues.
Existing law authorizes the State Lands Commission to lease tide
and submerged lands and beds of navigable rivers and lakes for the
extraction of oil and gas, as specified. Existing law, with specified
exceptions, generally requires the State Lands Commission, on and
after July 1, 2006, to deposit all revenue, money, and remittances,
derived from mineral extraction leases on state tide and submerged
lands, including tideland tidelands oil
revenue, into the General Fund, to be available upon appropriation
by the Legislature for specified purposes.
This bill would require that, out of funds deposited into the
General Fund, at least $6,000,000, but no more than $10,000,000, be
deposited into the Coastal Adaptation Fund to the extent that an
appropriation for its purposes is included in the annual Budget Act.
This bill would create the Coastal Adaptation Fund in the State
Treasury, and would authorize the expenditure of moneys in the fund,
in an amount not to exceed $10,000,000 annually, by the Ocean
Protection Council, the Department of Fish and Wildlife, the
California Coastal Commission, the State Coastal Conservancy, the
State Lands Commission, and the San Francisco Bay Conservation and
Development Commission, upon appropriation by the Legislature in the
annual Budget Act, for activities that prepare, plan, and implement
measures based upon the best available scientific information, that
are designed to address and adapt to sea level rise and coastal
climate change.
The
This bill would provide that the Legislature
shall appropriate, from tidelands oil revenue, at least $6,000,000 to
the Coastal Adaptation Fund for these purposes in the annual Budget
Act and would require that funding made available pursuant
to these provisions be in accordance with the 2009 California Climate
Adaptation Strategy, as specified. The bill would require the
Natural Resources Agency to ensure that moneys expended from the fund
are in compliance with the strategy and would authorize the agency
to require each of the above-listed entities to provide information
necessary to implement these provisions. The bill would require the
agency to make certain information regarding activities funded by the
Coastal Adaptation Fund available on a publicly accessible Internet
Web site. The bill would also make various findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The coast of California is a vital and invaluable natural
resource of statewide importance belonging to all the people, and its
preservation and accessibility by current and future generations is
of paramount concern to the residents of this state and nation.
(b) Burning nonrenewable fossil fuels that are extracted from
California's public lands and state tidelands contributes to global
climate change and sea level rise, which threatens the state's
coastal natural resources, human, plant, and animal communities,
public infrastructure, coastal tourism and recreational
opportunities, and the state's fifty-billion-dollar ($50,000,000,000)
coastal economy.
(c) Royalty revenue generated from leases authorizing the
extraction of nonrenewable resources on the state's trust lands
should be prioritized for planning, minimizing, and mitigating the
environmental impacts of those activities, including, but not limited
to, sea level rise.
(d) Revenues generated from state tideland, oil, and gas leases
were historically allocated for environmental projects and programs
with a nexus to the extraction activities.
(e) Recent "King Tide" events, during which residents photographed
the local consequences of extreme high tide events around the state,
illustrate that California's coastal communities are not prepared
for the coming "new normal" of rising sea levels, and that enhanced
coastal planning and management of coastal resources and development
continue to be of preeminent concern to the state.
(f) The current rate of global sea level rise calls for an urgent,
coordinated, statewide initiative to actively plan for adaption and
mitigation strategies to address the inevitable economic and
environmental impacts of sea level rise in this state.
(g) In 2008, Executive Order S-13-08 called on state agencies to
develop California's first strategy to identify and prepare for
expected climate impacts, and specifically called for statewide
consistency in planning for sea level rise. It also directed the
Natural Resources Agency to coordinate with local, regional, state,
and federal public and private entities to develop a state Climate
Adaptation Strategy.
(h) In 2009, the Natural Resources Agency issued the 2009 Climate
Adaptation Strategy, which specifically called for state agencies to
prepare sea level rise plans and encouraged the protection of
existing critical ecosystems using a variety of factors and
strategies including providing a natural shoreline, cost benefit
analysis accounting for all public and private costs and benefits,
and approaches that can be resilient over a range of sea level
possibilities.
(i) Protection of coastal resources from sea level rise impacts
can provide additional valuable public benefits including, but not
limited to, flood protection, improved water quality, habitat for
fish, shellfish, and wildlife, recreational opportunities, enhanced
quality of life, and increased property values.
(d)
(j) California's coastal management agencies, the
California Coastal Commission, the San Francisco Bay Conservation and
Development Commission, and the State Coastal Conservancy, have
broad authority for protecting coastal resources, enhancing public
access to and along the shoreline, and working in partnership with
local governments in long-range land use planning, permitting, and
projects.
(e)
(k) The State Lands Commission, Ocean Protection
Council, and the Department of Fish and Wildlife have constitutional
and statutory obligations to protect natural resources on other
coastal public lands while ensuring public access.
(f) Recent "King Tide" events, during which residents photographed
the local consequences of extreme high tide events around the state,
illustrate that California's coastal communities are not prepared
for the coming "new normal" of rising sea levels, and that enhanced
coastal planning and management of coastal resources and development
continue to be of preeminent concern to the state.
(g) The current rate of global sea level rise calls for an urgent,
coordinated, statewide initiative to actively plan for adaptation
and mitigation strategies to address the inevitable economic and
environmental impacts of sea level rise in this state.
(h)
(l) California has an existing "planning infrastructure"
already in place to address sea level rise, coastal management, and
associated planning and land use issues in the form of local coastal
programs and the San Francisco Bay Plan.
(i)
(m) Maintaining a strong state coastal management
program, including comprehensive updates of existing planning
documents, is the most efficient, cost-effective, and practical
method for ensuring that statewide coastal management and climate
change policies are locally implemented and that unplanned and costly
ad hoc responses that risk more significant environmental and social
harm are avoided.
(j) Revenues generated from state tideland, oil, and gas leases
were historically allocated for environmental projects and programs
with a nexus to the extraction activities.
(k)
(n) In order for the state to maintain its strong
coastal management program and to plan and prepare comprehensively
for sea level rise in the face of a rapidly changing climate, it is
appropriate to allocate revenues from nonrenewable resource royalties
to purposes related to coastal resource protection and management,
including forward-thinking sea level rise and climate change
planning.
SEC. 2. Section 6217 of the Public
Resources Code is amended to read:
6217. (a) With the exception of revenue derived from state school
lands and from sources described in Sections 6217.6, 6301.5, 6301.6,
6855, and Sections 8551 to 8558, inclusive, and Section 6404
(insofar as the proceeds are from property that has been distributed
or escheated to the state in connection with unclaimed estates of
deceased persons), the commission shall deposit all revenue, money,
and remittances received by the commission under this division, and
under Chapter 138 of the Statutes of 1964, First Extraordinary
Session, in the General Fund. Out of those funds deposited in the
General Fund, sufficient moneys shall be made available each fiscal
year for the following purposes:
(1) Payment of refunds, authorized by the commission, out of
appropriations made for that purpose.
(2) Payment of expenditures of the commission as provided in the
annual Budget Act.
(3) Payments to cities and counties of the amounts specified in
Section 6817 for the purposes specified in that section, out of
appropriations made for that purpose.
(4) Payments to cities and counties of the amounts agreed to
pursuant to Section 6875, out of appropriations made for that
purpose.
(5) At least six million dollars ($6,000,000), but no more than
ten million dollars ($10,000,000), shall be deposited into the
Coastal Adaptation Fund to the extent that an appropriation for its
purposes is included in the annual Budget Act.
(b) This section shall become operative on July 1, 2006.
SEC. 2. SEC. 3. Section 6217.9 is
added to the Public Resources Code, to read:
6217.9. (a) (1) The Coastal Adaptation Fund is hereby created in
the State Treasury. Moneys in the fund may be expended, in an amount
not to exceed ten million dollars ($10,000,000) annually, by the
Ocean Protection Council, the Department of Fish and Wildlife, the
California Coastal Commission, the State Coastal Conservancy, the
State Lands Commission, and the San Francisco Bay Conservation and
Development Commission. The moneys are subject to appropriation by
the Legislature in the annual Budget Act to fund activities that
prepare, plan, and implement measures, based upon the best available
scientific information, that are designed to address and adapt to sea
level rise and coastal climate change.
(2) Moneys appropriated to the State Coastal Conservancy from the
Coastal Adaptation Fund shall be subject to Division 21 (commencing
with Section 31000), and the State Coastal Conservancy shall
collaborate with all appropriate public conservancies and commissions
in the geographic jurisdiction of those entities in implementing
this section.
(b) Notwithstanding Section 6217, the Legislature shall
appropriate from tidelands oil revenue at least six million dollars
($6,000,000) in the annual Budget Act to the Coastal Adaptation Fund.
(c)
(b) Moneys made available pursuant to this section
shall be used to fund activities that are in accordance with the 2009
California Climate Adaption Strategy, or the most recent update to
the strategy, as prepared by the Natural Resources Agency.
(d)
(c) The Natural Resources Agency shall ensure that
moneys expended from the Coastal Adaptation Fund are in compliance
with the 2009 California Climate Adaptation Strategy, or its most
recent update, and, in ensuring compliance with the strategy, the
agency may require the entities described in subdivision (a) to
provide information necessary to implement this section.
(e)
(d) In accordance with subdivision (d)
(c) , the Natural Resources Agency shall also,
on a publicly accessible Internet Web site, annually make available
information regarding any activity funded pursuant to this section.
The information shall include, at a minimum, all of the following:
(1) The name of the agency, or agencies, to which funding was
allocated.
(2) A summary of the activity funded by the Coastal Adaptation
Fund, including the activity's purpose and its relationship to the
2009 California Climate Adaptation Strategy, or its update.
(3) The amount allocated for the activity.
(4) An anticipated timeline and total cost for completion of the
activity.