BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1274 Hearing Date: June 23,
2015
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|Author: |Mark Stone | | |
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|Version: |June 16, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Katharine Moore |
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Subject: Public lands: geological or geophysical surveys
BACKGROUND AND EXISTING LAW
1) The State Lands Commission (commission) manages
approximately 4.5 million acres of land throughout the state
including tidelands, submerged lands, navigable lakes and
navigable rivers and retains residual oversight authority over
tide and submerged lands legislatively granted to local
municipalities ("granted" lands).
2) Existing law authorizes the commission to lease certain
state lands under its jurisdiction for the production of oil
and gas.
3) The commission has long-standing authority to issue permits
for geophysical surveys on ungranted tide and submerged lands
(Public Resources Code (PRC) §6826). This authority is
located in an article of the PRC concerning oil and gas
leasing (PRC §§6801 et seq.) as the predominant use of surveys
at the time the authority was granted was for oil and gas
exploration.
4) In the intervening decades, the use of marine geophysical
survey data has evolved. There are now numerous additional
reasons to conduct them. Geophysical survey data can be
useful to efforts to protect and preserve the state's offshore
and coastal environment and resources. According to the
commission, specific examples include using surveys to obtain
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information on seafloor topography, sea floor hazards and
debris, offshore cultural resources, near-shore sand erosion
and deposition, sea floor changes, underwater structures and
essential fish habitat.
5) Geophysical surveys are conducted using acoustic-generating
or passive (non-acoustic) equipment. In 2013, the commission
updated its low energy geophysical permit program in order to
establish consistent guidance, limitation and permit
conditions to prevent harm to the environment. An
environmental analysis was prepared and the commission adopted
a Mitigated Negative Declaration pursuant to California
Environmental Quality Act for its program. The Mitigated
Negative Declaration identifies protective mitigation measures
to minimize impacts on marine life.
6) According to the commission, a 2014 assessment of the
updated program found that enforcement and permit compliance
were concerns.
PROPOSED LAW
This bill would revise and update the commission's statutory
authority over geophysical surveys of state lands under its
jurisdiction, including both granted and ungranted tidelands and
submerged lands, in order to ensure public safety and the
protection of the environment. Specifically, this bill would:
Ï allow the commission to permit geophysical surveys on state
lands under its jurisdiction, as specified, to ensure public
safety and protect the environment,
Ï direct the commission to adopt regulations governing the
permitting of geophysical surveys,
Ï exclude surveys for dredging for navigation channels,
anchorages or berthing areas, as specified, from permitting
requirements;
Ï provide direction to the commission on promoting compliance
with permit requirements; including outreach, reporting
facilitation and specific enforcement, and
Ï make relevant and supporting legislative findings.
ARGUMENTS IN SUPPORT
According to the author, "AB 1274 will protect the marine
environment and enhance regulatory compliance when geophysical
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surveys are performed in the marine environment or on inland
waterways."
The commission argues that AB 1274 "is a modest step in
addressing the compliance concerns identified in the recent
program assessment. This bill will modernize existing law to
separate geophysical permit authority from an oil and gas
statute, require implementing regulations that will ensure
transparency and public participation, and expand permitting
authority to include legislatively granted public trust lands."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Impacts of geophysical surveys on the marine environment.
According to the commission, adverse and potential adverse
impacts from geophysical surveys include detrimental effects on
wildlife as well as on divers and fisherman. The 2014 updated
program assessment found that unpermitted geophysical surveys
have the potential to both lead to unfair competitive advantages
and unmitigated damage to wildlife and the coastal environment.
SUPPORT
California State Lands Commission (sponsor)
OPPOSITION
None Received
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