SB 1363, as amended, Monning. Ocean Protection Council: Ocean Acidification and Hypoxia Reduction Program.
The California Ocean Protection Act establishes the Ocean Protection Council and requires the council, among other things, to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies. The act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the council for projects and activities authorized by the council consistent with the purposes of the act.
This bill would require the council, in consultation with the State Coastal Conservancy and other relevant entities, to establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purposes of achieving specified goals. The bill would authorize moneys in the trust fund to be expended for grants or loans for projects or activities that further public purposes consistent with the Ocean Acidification and Hypoxia Reduction Program.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 35630 is added to the Public Resources
2Code, to read:
The Legislature finds and declares all of the following:
4(a) Ocean acidification and hypoxia, an abnormal deficiency of
5oxygen in marine environments, are two major threats to ocean
6and coastal ecosystems globally, and west coast states are
7particularly vulnerable, according to the April 2016 findings of
8the West Coast Ocean Acidification and Hypoxia Science Panel.
9(b) Ocean acidification is caused primarily by global carbon
10dioxide emissions. Local carbon dioxide emissions and local
11nutrient inputs can intensify the effects of ocean acidification.
12(c) The West Coast Ocean
Acidification and Hypoxia Science
13Panel recommends that California and other west coast states
14actively employ strategies that address local factors that can reduce
15ocean acidification and hypoxia exposure, including protecting
16and restoring critical coastal and aquatic habitats.
17(d) Eelgrass ecosystems are among the most diverse and
18productive ecosystems in the world, with particular importance to
19farmed shellfish aquaculture and other forms of sustainable
20aquaculture and to commercially and recreationally valuable
21species, including shellfish, crabs, finfish, waterfowl, and
22shorebirds.
23(e) Eelgrass protection and restoration efforts help promote a
24healthier ocean for ecosystems and industry.
P3 1(f) Since the 1850s,
90 percent of California’s eelgrass acreage
2has been destroyed, and the remaining 10 percent is continuously
3exposed to multiple stressors and threats.
4(g) Scientific research has shown that eelgrass habitat provides
5multiple benefits, including the following:
6(1) Providing essential fish habitat for salmon, groundfish, and
7Pacific herring, providing Dungeness crab nurseries, and supporting
8commercial fisheries important to California’s coastal economy.
9(2) Improving water quality by filtering polluted runoff and by
10absorbing excess nutrients.
11(3) Helping to mitigate hypoxia.
12(4) Sequestering carbon in the underlying sediments.
13(5) Protecting the shoreline from erosion by absorbing wave
14energy and helping to mitigate the impacts of sea level rise.
15(h) Advancing the protection and restoration of eelgrass beds
16in California’s coastal environments, based on scientific and
17evidence-based approaches, is a critical strategy in enhancing
18California’s ability to cope with ocean acidification and hypoxia.
Section 35631 is added to the Public Resources Code,
20to read:
(a) To the extent funds are available from bonds or
22other sources, the council, in consultation with the State Coastal
23Conservancy and other relevant entities, shall establish and
24administer the Ocean Acidification and Hypoxia Reduction
25Program for the purposes of achieving the following goals:
26(1) Developing demonstration projects to research how
27important environmental and ecological factors interact across
28space and time to influence how geographically dispersed eelgrass
29beds function for carbon dioxide removal and hypoxia reduction.
30(2) Generating an inventory of locations where conservation or
31restoration
of aquatic habitats, including eelgrass, can be
32successfully applied to mitigate ocean acidification and hypoxia.
33(3) Incorporating consideration of carbon dioxide removal for
34eelgrass restoration projects during the habitat restoration planning
35process in order to fully account for the benefits of long-term
36carbon storage of habitat restoration in addition to the habitat value.
37(4) Supporting science, monitoring, and coordination to ensure
38that ocean and coastal policy and management in California reflect
39best readily available science on strategies to reduce ocean
40acidification and hypoxia.
P4 1(b) In advancing approaches in the
program to remove carbon
2dioxide from seawater, the council shall consider approaches that
3provide multiple cobenefits, including, but not limited to, providing
4essential fish and bird habitat, improving water quality, and
5mitigating sea level rise.
begin insertChapter 3.1 (commencing with Section 35630)
7is added to Division 26.5 of the end insertbegin insertPublic Resources Codeend insertbegin insert, to read:end insert
8
The Legislature finds and declares all of the following:
13
(a) Ocean acidification and hypoxia, an abnormal deficiency
14of oxygen in marine environments, are two major threats to ocean
15and coastal ecosystems globally, and west coast states are
16particularly vulnerable, according to the April 2016 findings of
17the West Coast Ocean Acidification and Hypoxia Science Panel.
18
(b) The West Coast Ocean Acidification and Hypoxia Science
19Panel was a binational collaboration of leading scientists from
20California, Oregon, Washington, and British Columbia that was
21convened at the request of the council and the California Ocean
22Science Trust. The West Coast Ocean Acidification and Hypoxia
23Science Panel’s executive
summary report outlines findings,
24recommendations, and actions to address ocean acidification and
25hypoxia.
26
(c) Ocean acidification is caused primarily by global carbon
27dioxide emissions. Local carbon dioxide emissions and local
28nutrient inputs can intensify the effects of ocean acidification.
29
(d) The West Coast Ocean Acidification and Hypoxia Science
30Panel recommends that California and other west coast states
31actively employ strategies that address local factors that can
32reduce ocean acidification and hypoxia exposure, including
33protecting and restoring critical coastal and aquatic habitats.
34
(e) Eelgrass ecosystems are among the most diverse and
35productive ecosystems in the world, with particular importance
36to farmed shellfish aquaculture and other forms of sustainable
37aquaculture and to commercially and
recreationally valuable
38species, including shellfish, crabs, finfish, waterfowl, and
39shorebirds.
P5 1
(f) Eelgrass protection and restoration efforts help promote a
2healthier ocean for ecosystems and industry.
3
(g) Since the 1850s, 90 percent of California’s eelgrass acreage
4has been destroyed, and the remaining 10 percent is continuously
5exposed to multiple stressors and threats.
6
(h) Scientific research has shown that eelgrass habitat provides
7multiple benefits, including the following:
8
(1) Providing essential habitat for salmon, groundfish, and
9Pacific herring, providing Dungeness crab nurseries, and
10supporting commercial fisheries important to California’s coastal
11economy.
12
(2) Improving water
quality by filtering polluted runoff and by
13absorbing excess nutrients.
14
(3) Helping to mitigate hypoxia.
15
(4) Sequestering carbon in the underlying sediments.
16
(5) Protecting the shoreline from erosion by absorbing wave
17energy and helping to mitigate the impacts of sea level rise.
18
(i) Advancing the protection and restoration of eelgrass beds
19in California’s coastal environments, based on scientific and
20evidence-based approaches, is a critical strategy in enhancing
21California’s ability to cope with ocean acidification and hypoxia.
(a) To the extent funds are available from bonds or
23other sources, the council, in consultation with the State Coastal
24Conservancy and other relevant entities, shall establish and
25administer the Ocean Acidification and Hypoxia Reduction
26Program for the purpose of achieving the following goals:
27
(1) Developing demonstration projects to research how
28important environmental and ecological factors interact across
29space and time to influence how geographically dispersed eelgrass
30beds function for carbon dioxide removal and hypoxia reduction.
31
(2) Generating an inventory of locations where conservation
32or restoration of aquatic habitats, including eelgrass, can be
33successfully applied
to mitigate ocean acidification and hypoxia.
34
(3) Incorporating consideration of carbon dioxide removal for
35eelgrass restoration projects during the habitat restoration
36planning process in order to fully account for the benefits of
37long-term carbon storage of habitat restoration in addition to the
38habitat value.
39
(4) Supporting science, monitoring, and coordination to ensure
40that ocean and coastal policy and management in California reflect
P6 1best readily available science on strategies to reduce ocean
2acidification and hypoxia to implement this section.
3
(b) In advancing approaches in the program to remove carbon
4dioxide from seawater, the council shall consider approaches that
5provide multiple cobenefits, including, but not limited to, providing
6essential fish and bird habitat, improving water quality, and
7mitigating
the impacts of sea level rise.
Section 35650 of the Public Resources Code is
10amended to read:
(a) The California Ocean Protection Trust Fund is
12established in the State Treasury.
13(b) Moneys deposited in the fund may be expended, upon
14appropriation by the Legislature, for both of the following:
15(1) Projects and activities authorized by the council consistent
16with Chapter 3 (commencing with Section 35600).
17(2) Upon authorization by the council, for grants or loans to
18public agencies, nonprofit corporations, or private entities for, or
19direct expenditures on, projects or activities that do one or more
20of the following:
21(A) Eliminate or reduce threats to coastal and ocean ecosystems,
22habitats, and species.
23(B) Improve the management of fisheries through grants or
24loans for the development and implementation of fishery
25management plans pursuant to Part 1.7 (commencing with Section
267050) of Division 6 of the Fish and Game Code, a part of the
27Marine Life Management Act of 1998, that promote long-term
28stewardship and collaboration with fishery participants to develop
29strategies that increase environmental and economic sustainability.
30Eligible projects and activities include, but are not limited to,
31innovative community-based or cooperative management and
32allocation strategies that create incentives for ecosystem
33improvement. Eligible expenditures include, but are not limited
34to, costs related to activities identified in subdivisions (a), (b), and
35(d)
of Section 7075 of the Fish and Game Code, fishery research,
36monitoring, data collection and analysis to support adaptive
37management, and other costs related to the development and
38implementation of a fishery management plan developed pursuant
39to this subparagraph.
P7 1(C) Foster sustainable fisheries, including grants or loans for
2one or more of the following:
3(i) Projects that encourage the development and use of more
4selective fishing gear.
5(ii) The design of community-based or cooperative management
6mechanisms that promote long-term stewardship and collaboration
7with fishery participants to develop strategies that increase
8environmental and economic sustainability.
9(iii) Collaborative research and demonstration projects between
10fishery participants, scientists, and other interested parties.
11(iv) Promotion of value-added wild fisheries to offset economic
12losses attributable to reduced fishing opportunities.
13(v) The creation of revolving loan programs for the purpose of
14implementing sustainable fishery projects.
15(D) Improve coastal water quality.
16(E) Allow for increased public access to, and enjoyment of,
17ocean and coastal resources, consistent with sustainable, long-term
18protection and conservation of those resources.
19(F) Improve management, conservation, and
protection of
20coastal waters and ocean ecosystems.
21(G) Provide monitoring and scientific data to improve state
22efforts to protect and conserve ocean resources.
23(H) Protect, conserve, and restore coastal waters and ocean
24ecosystems, including any of the following:
25(i) Acquisition, installation, and initiation of monitoring and
26enforcement systems.
27(ii) Acquisition from willing sellers of vessels, equipment,
28licenses, harvest rights, permits, and other rights and property, to
29reduce threats to ocean ecosystems and resources.
30(I) Address coastal water contamination from biological
31pathogens,
including collaborative projects and activities to identify
32the sources of pathogens and develop detection systems and
33treatment methods.
34(J) (i) Provide funding for adaptive management, planning,
35coordination, monitoring, research, and other necessary activities
36to minimize the adverse impacts of climate change on California’s
37ocean ecosystem, including, but not limited to, the effects of sea
38level rise, changes in ocean productivity, and ocean acidification
39on coastal and ocean habitat, wildlife, fisheries, chemistry, and
40other key attributes of ocean ecosystems and to increase the state’s
P8 1understanding of the ocean’s role in carbon sequestration. Adaptive
2management strategies, planning, research, monitoring, or other
3activities shall be designed to improve the management of coastal
4and ocean resources or aid the
state to adapt to climate change
5impacts.
6(ii) Information or activities developed under clause (i), to the
7extent appropriate, shall provide guidance to the State Air
8Resources Board for the adoption of early action measures for the
9elimination or reduction of emissions from sources or categories
10of sources pursuant to the California Global Warming Solutions
11Act of 2006 (Division 25.5 (commencing with Section 38500) of
12the Health and Safety Code).
13(c) Grants or loans may be made to a private entity pursuant to
14this section only for projects or activities that further public
15purposes consistent with Sections 35510, 35515, 35617, andbegin delete 35631.end delete
16
begin insert
35632.end insert
17(d) Consistent with the purposes specified in Section 35515,
18and in furtherance of the findings in Sections 7059 and 7060 of
19the Fish and Game Code, the council, in authorizing grants or loans
20for projects or expenditures pursuant to this section, shall promote
21coordination of state programs and activities that protect and
22conserve ocean resources to avoid redundancy and conflicts to
23ensure that the state’s programs and activities are complementary.
O
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