BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2139| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2139 Page 2 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 AB 2139 Page 3 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. AB 2139 Page 4 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 AB 2139 Page 5 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 AB 2139 Page 6 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 **** END **** AB 2139 Page 7