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
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|Author: |Williams | | |
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|Version: |May 31, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Matthew Dumlao |
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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.
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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.
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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.
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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
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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.
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