BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1363 Hearing Date: April 12,
2016
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|Author: |Monning | | |
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|Version: |March 28, 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 and
Hypoxia Reduction Program
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 acidity, 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"
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where mass die-offs of fish and shellfish occur.
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) Identify and
recommend to the Legislature changes in law, and (4) Identify
and recommend changes in federal law and policy to the Governor
and Legislature.
The Ocean Protection Trust Fund was established to serve as a
source of grants and other activities funded by the OPC. It
largely has been the recipient of bond funds appropriated for
that purpose by the Legislature.
In an effort to develop the scientific foundation necessary for
coastal managers and other stakeholders to take informed action,
the California Ocean Protection Council 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 document published by the panel, helped inspire this
legislation.
PROPOSED LAW
This bill requires the Ocean Protection Council, in coordination
with the State Coastal Conservancy, to establish and administer
the Ocean Acidification and Hypoxia Reduction Program. The
goals of the program are to:
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Develop demonstration projects to evaluate the best
locations for strategies that remove carbon dioxide from
the ocean.
Generate an inventory of locations where conservation or
restoration of aquatic habitats can be successfully
applied.
Incorporate consideration of carbon dioxide removal
during habitat restoration planning process.
Consider carbon dioxide removal strategies that provide
multiple co-benefits, including providing essential fish
and bird habitat, improving water quality, and mitigation
sea level rise.
The findings and declarations portion of the bill describes the
productivity of eelgrass ecosystems; the numerous ecosystem
services provided by eelgrass, including hypoxia mitigation,
carbon sequestration, and mitigation against sea level rise.
ARGUMENTS IN SUPPORT
According to the author, the "April 2016 report by the West
Coast Ocean Acidification and Hypoxia Science Panel and the
Ocean Science Trust, in collaboration with the Ocean Protection
Council entitled The West Coast Ocean Acidification and Hypoxia
Science Panel: Major Findings, recommendations, and Action ,
although ocean acidification is a global issue, California's
coast will experience some of the most severe and earliest
changes in ocean carbon chemistry. Key recommendations of the
report, however, tell us that there are actions that can be
taken now in California."
The author went further saying, "By investing in the restoration
of eelgrass bed on California's coast, SB 1363 leverages the
co-benefits of ocean acidification mitigation, sea-level rise
mitigation, carbon sequestration, water quality benefits, and
providing essential fish habitat, while also supporting the
state's coastal economy."
Numerous supporters pointed out the growing threat posed by
ocean acidification and hypoxia on fisheries and, more broadly,
California's economy.
ARGUMENTS IN OPPOSITION
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None received.
COMMENTS
Source of funding for the proposed program
Funds for the proposed Ocean Acidification and Hypoxia Reduction
Program will come from the California Ocean Protection Trust
Fund. Money from the fund can be used on a variety projects and
this bill simply allows the Ocean Acidification and Hypoxia
Reduction Program to be eligible for those funds.
Related legislation
SB 1114 (Allen): This bill addresses various aspects of fishing
for swordfish. Like SB 1363, it also expands the eligibility of
projects that can receive trust fund money.
AB 2139 (Williams): This bill would require the Ocean Protection
Council to facilitate research and compile data on the causes
and effects of ocean acidification and adopt recommendations for
further legislative and executive actions by January 1, 2018.
The overlap between SB1363 and AB 2139 may pose a legal problem.
Double-referral The Rules Committee referred this bill to both
the Committee on Natural Resources and Water and to 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.
SUGGESTED AMENDMENTS
None.
SUPPORT
Audubon California
AZUL
Big Sur Land Trust
Bolsa Chica Land Trust
California Coastal Protection Network
California League of Conservation Voters
California Waterfowl Association
Clean Water Action
Peninsula Open Space Trust
Sonoma County Agricultural Preservation and Open Space District
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OPPOSITION
None received.
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