BILL ANALYSIS Ķ AB 2139 Page 1 Date of Hearing: April 18, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 2139 (Williams) - As Amended March 28, 2016 SUBJECT: Ocean Protection Council: ocean acidification SUMMARY: Requires the Ocean Protection Council (OPC) to facilitate research and compile data on the causes and effects of ocean acidification. Requires, no later than January 1, 2018, OPC to adopt recommendations for further legislative and executive actions to address ocean acidification. EXISTING LAW: 1)Establishes the (OPC, which consists of the Secretary of Natural Resources Agency (NRA), the Secretary for Environmental Protection, the Chair of the State Lands Commission, and two members of the public appointed by the Governor. 2)Requires OPC to support state agencies' use and sharing of scientific and geospatial information for coastal- and ocean-relevant decision making relating to coastal and ocean ecosystems, including the effects of climate change. AB 2139 Page 2 3)Pursuant to Executive Order S-13-08 (Schwarzenegger), requires NRA, through the Climate Action Team, to coordinate with local, regional, state, federal, and private entities to develop a state Climate Adaptation Strategy (strategy). Requires the strategy to summarize the best known science on climate change impacts to California, assess California's vulnerability to the identified impacts, and outline solutions that can be implemented within and across state agencies to promote resiliency. 4)Pursuant to Executive Order B-30-15 (Brown), in addition to establishing a 40% GHG emission reduction goal by 2030, requires several actions on adaptation, including: a) Requires NRA to update the strategy every three years and ensure that its provisions are fully implemented. Requires the strategy to: i) Identify vulnerabilities to climate change by sector and region, including, at a minimum, the following sectors: water, energy, transportation, public health, agriculture, emergency services, forestry, biodiversity and habitat, and ocean and coastal resources; ii) Outline primary risks to residents, property, communities, and natural systems from these vulnerabilities, and identify priority actions needed to reduce these risks; and, iii) Identify a lead agency or group of agencies to lead adaptation efforts in each sector. b) Requires each sector lead to prepare an implementation plan by September 2015 to outline the actions that will be AB 2139 Page 3 taken as identified in the strategy, and report back on those actions to the NRA. c) Requires state agencies to take climate change into account in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives. d) Requires state agencies' planning and investment to be guided by the principles of climate preparedness for uncertain climate impacts, protective of vulnerable populations, and prioritization of natural infrastructure solutions. e) Requires the state's Five-Year Infrastructure Plan to take current and future climate change impacts into account in all infrastructure projects. f) Requires OPR to establish a technical, advisory group to help state agencies incorporate climate change impacts into planning and investment decisions. g) Requires the state to continue its rigorous climate change research program focused on understanding the impacts of climate change and how best to prepare and adapt to such impacts. 5)Requires the NRA to update its climate adaptation strategy, the Safeguarding California Plan (Plan), by July 1, 2017, and every three years thereafter by coordinating adaption AB 2139 Page 4 activities among lead state agencies in each sector. FISCAL EFFECT: Unknown COMMENTS: 1)Ocean Acidification. The ocean absorbs about a third of the carbon dioxide that is released into the atmosphere each year from the burning of fossil fuels and other human activities. As the carbon dioxide levels in the atmosphere increase, so do the levels in the ocean. This changes the chemistry of the water and threatens marine ecosystems and coastal communities dependent on the health of the sea. Ocean acidification is the lowering of the pH of the ocean and changing of the ocean's chemistry, which can lead to low dissolved oxygen water (hypoxia) in ocean ecosystems. Ocean acidification will likely have major impacts on the fisheries and aquaculture industries in California. It could also have a profound effect on marine ecosystems leading to large-scale die-offs and over the long-term reduced biodiversity. Record hot temperatures in the Pacific Ocean caused by global warming and a powerful El Niņo have fueled the worst coral bleaching event ever seen in portions of Australia's famed Great Barrier Reef According to the author's office, "Ocean acidification has cost the oyster industry in the Pacific Northwest $110 million and jeopardized 3,200 jobs." The Plan includes a sector on Oceans and Coastal Resources and Ecosystems. That sector released a sector plan that discusses ocean acidification, but there are no specific recommendations for legislative or executive action. On April 4, 2016, the West Coast Ocean Acidification and Hypoxia Science Panel (Panel) released a synthesis of the current state of scientific knowledge about ocean acidification and hypoxia in California, Oregon, Washington, and British Columbia. The AB 2139 Page 5 Panel's final report included what management options might be used to address ocean acidification on the west coast. This bill would require OPC to develop California specific recommendations on how the state can address ocean acidification. 2)Related legislation. SB 1363 (Monning) requires OPC, in coordination with the State Coastal Conservancy, to establish and administer the Ocean Acidification and Hypoxia Reduction Program. This bill is awaiting hearing in the Senate Appropriations Committee. REGISTERED SUPPORT / OPPOSITION: Support California Coastkeeper Alliance Center for Biological Diversity Natural Resources Defense Council Oceana Surfrider Foundation Opposition None on file AB 2139 Page 6 Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092