BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2139|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 2139
          Author:   Williams (D), et al.
          Amended:  8/15/16 in Senate
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  7-2, 6/14/16
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
           NOES:  Stone, Vidak

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  6-1, 6/29/16
           AYES:  Wieckowski, Bates, Hill, Jackson, Leno, Pavley
           NOES:  Gaines

           SENATE APPROPRIATIONS COMMITTEE:  6-1, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza
           NOES:  Nielsen

           ASSEMBLY FLOOR:  58-22, 6/2/16 - See last page for vote

           SUBJECT:   Ocean Protection Council:  ocean acidification and  
                     hypoxia


          SOURCE:    Author

          DIGEST:   This bill states that the Ocean Protection Council  
          (OPC), subject to the availability of funding, may develop an  
          ocean acidification and hypoxia (OAH) science task force, and  
          outlines required activities for the task force.


          ANALYSIS:    Existing law creates the OPC, which is tasked with  
          (1) coordinating activities of ocean-related state agencies to  








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          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.


          This bill:


          1)Makes the following findings and declarations:


             a)   The West Coast Ocean Acidification and Hypoxia Science  
               Panel brought together scientists from California, Oregon,  
               Washington, and British Columbia and issued a report  
               detailing findings, recommendations and actions to address  
               OAH.


             b)   OPC should address the challenge of ocean acidification  
               as a part of their mission to ensure that California  
               maintains healthy, resilient, and productive ocean and  
               coastal ecosystems for the benefit of current and future  
               generations.


          2)Authorizes OPC, subject to the availability of funding, to  
            develop an OAH science task force.


          3)Requires OPC, subject to the availability of funding to:


             a)   Take the following actions to address OAH:


               i)     Generate an inventory of areas that are most  
                 vulnerable to ocean acidification.


               ii)                                Develop, refine, and  







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                 integrate predictive models on OAH.


               iii)                               Inventory the colocation  
                 of protected areas and areas vulnerable to ocean  
                 acidification and hypoxia.


               iv)                                Facilitate agreements  
                 and work with organizations that fund OAH research to  
                 establish joint research priorities. 


               v)     Define gaps between ocean acidification monitoring  
                 efforts and management needs in coordination with  
                 relevant state, federal, and academic entities.


             b)   Beginning January 1, 2018, adopt recommendations for  
               further actions that may be taken to address OAH.


          Background


          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. 








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          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.


          The California Ocean Protection Act of 2004 created the 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.


          Related/Prior Legislation


          SB 1363 (Monning, 2015) creates 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  
          OAH; (3) incorporate consideration of carbon dioxide removal  







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          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. AB 2139 was amended in the Senate  
          Appropriations Committee to coordinate with SB 1363.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, approximately  
          $1.65 million (special and private funds) for OPC to implement  
          the specified tasks.  The OPC indicates that funds (private and  
          special fund) have been allocated for this purpose.  


          SUPPORT:   (Verified  8/12/16)


          California Coastkeeper Alliance
          Center for Biological Diversity
          Defenders of Wildlife
          Monterey Bay Aquarium
          Natural Resources Defense Fund
          Ocean Conservancy
          Oceana
          Sierra Club California
          Surfrider Foundation
          The Nature Conservancy
          One individual 


          OPPOSITION:   (Verified8/12/16)


          None received


          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  







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          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.   
          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."
           

          ASSEMBLY FLOOR:  58-22, 6/2/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman,  
            Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández,  
            Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein,  
            McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
          NOES:  Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines,  
            Gallagher, Grove, Harper, Jones, Kim, Lackey, Linder, Mathis,  
            Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth,  
            Wagner, Waldron

          Prepared by:Matthew Dumlao / N.R. & W. / (916) 651-4116
          8/15/16 20:10:15


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