BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: AB 2139 Hearing Date: June 14, 2016 ----------------------------------------------------------------- |Author: |Williams | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 31, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Matthew Dumlao | | | | ----------------------------------------------------------------- Subject: Ocean Protection Council: ocean acidification BACKGROUND AND EXISTING LAW Human activities have dramatically increased the concentration of carbon dioxide in the atmosphere and current carbon dioxide levels are higher than they have been in over 650,000 years. Oceans have absorbed approximately one-third of all anthropogenic carbon dioxide emissions. The absorption of carbon dioxide in the oceans is contributing to a suite of changes to ocean chemistry including a reduction in ocean pH, a process referred to as ocean acidification. Research has shown that the increase in ocean acidity is having a negative impact on many ocean organisms, including shellfish, starfish, corals, sea urchins, and many types of plankton. Organisms that produce skeletons (e.g. corals) or shells (e.g. oysters and clams) are particularly sensitive to changes in ocean chemistry. The disruptive potential of ocean acidification poses a serious risk to California's shellfish industry. The effects of ocean acidification are further compounded by the intensification and expansion of low dissolved oxygen - or hypoxic - zones in the ocean. These regions form in part from runoff that carries nutrients and organic carbon into the ocean. The low levels of dissolved oxygen can result in "dead zones" where mass die-offs of fish and shellfish occur. AB 2139 (Williams) Page 2 of ? The California Ocean Protection Act of 2004 created the Ocean Protection Council (OPC). OPC is tasked with (1) coordinating activities of ocean-related state agencies to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, (2) establishing policies to coordinate the collection and sharing of scientific data related to coast and ocean resources between agencies, (3) identifying and recommending to the Legislature changes in law, and (4) identifying and recommending changes in federal law and policy to the Governor and Legislature. In an effort to develop the scientific foundation necessary for coastal managers and other stakeholders to take informed action, the OPC asked the California Ocean Science Trust to establish and coordinate a scientific advisory panel in collaboration with counterparts in Oregon, Washington, and British Columbia. The resulting West Coast Ocean Acidification and Hypoxia Science Panel (panel) was charged with summarizing the current state of knowledge and developing scientific consensus about available management options. On April 4, 2016, the panel released a document describing the major findings, recommendations and actions. In the Legislature, the Senate Natural Resources and Water Committee held an oversight hearing on January 26, 2016 to provide a forum to discuss the challenges ocean acidification and hypoxia pose to California. The oversight hearing, along with the report published by the panel, helped inspire this legislation. PROPOSED LAW This bill would require the OPC to coordinate and facilitate research and work with other relevant public agencies with ocean protection responsibilities to do the following: 1 Generate an inventory of areas that are most vulnerable to ocean acidification. 2 Develop, refine, and integrate predictive models on ocean acidification and hypoxia. AB 2139 (Williams) Page 3 of ? 3 Inventory the colocation of protected areas and areas vulnerable to ocean acidification and hypoxia. 4 Facilitate agreements and work with organizations that fund ocean acidification and hypoxia research to establish joint research priorities. 5 Define gaps between ocean acidification monitoring efforts and management needs in coordination with relevant state, federal, and academic entities. This bill would also require OPC to annually adopt recommendations for further actions that may be taken to address ocean acidification, and make appropriate and relevant findings, including references to the panel's report, and the OPC's mission. ARGUMENTS IN SUPPORT The author argues that "Many studies point to the harmful effects of ocean acidification, but the state does not currently have enough data at its disposal to evaluate the scope of the problem or make educated policy decisions. Key strategies to address this deficiency include generating an inventory of ocean acidification "hot spots," developing predictive models of ocean acidification, and defining gaps between monitoring efforts and management needs. Up to this point there has been very little focus on ocean acidification at the state level, and this measure codifies ocean acidification as a priority for the Legislature and the Ocean Protection Council." Supporters also point out the potential adverse effect of ocean acidification on California's fishing industry. Ocean Conservancy states that "California has the largest ocean economy in the United States, accounting for over $42 billion dollars in construction, ship & boat building, tourism, recreation, transportation, and ocean fishing/harvesting. AB 2139 (Williams) Page 4 of ? According to a 2013 survey by the Pacific Shellfish Institute, the shellfish industry alone provides almost $26 million of revenue for California, and would be immediately affected by increasing acidification." ARGUMENTS IN OPPOSITION None received. COMMENTS This bill will be amended prior to being heard in the Committee on Environmental Quality: Due to the time constraints of the Legislative calendar, the author will amend the bill after it is heard in this committee, should the bill pass the committee. However, the author shared the proposed amendments with committee staff. In general, the proposed amendments expand and refine the list of responsibilities assigned to OPC. The committee may wish to direct staff to continue working with the author's office on these pending amendments. Related legislation: SB 1363 (Monning): AB 2139 and SB 1363 overlap significantly in their intent and the priorities they assign to OPC. SB 1363 would create the Ocean Acidification and Hypoxia Reduction Program in OPC with the following goals: (1) develop demonstration projects to research factors that interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction; (2) generate an inventory of locations where conservation or restoration of aquatic habitats can mitigate ocean acidification and hypoxia; (3) incorporate consideration of carbon dioxide removal during the habitat restoration planning process; and (4) support science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best available science. The two offices are encouraged to work through the language of their respective bills to ensure that the responsibilities assigned to OPC are complementary, rather than duplicative. SB 1363 is currently in the Assembly Committee on Natural Resources. Double-referred: The Rules Committee referred this bill to both AB 2139 (Williams) Page 5 of ? the Committee on Natural Resources and Water and the Committee on Environmental Quality. Therefore, if this bill passes this committee, it will be referred to the Committee on Environmental Quality, which will consider the issues within their jurisdiction. SUPPORT California Coastkeeper Alliance Center for Biological Diversity Defenders of Wildlife Natural Resources Defense Fund Ocean Conservancy Oceana Sierra Club California Surfrider Foundation OPPOSITION None received. -- END --