BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1363|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1363
Author: Monning (D)
Amended: 5/31/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 4/12/16
AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
NOES: Stone, Vidak
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SUBJECT: Ocean Protection Council: Ocean Acidification and
Hypoxia Reduction Program
SOURCE: Author
DIGEST: This bill requires, to the extent that funding is
available, the Ocean Protection Council (OPC), in consultation
with the State Coastal Conservancy (conservancy) and other
relevant entities, to establish and administer the Ocean
Acidification and Hypoxia Reduction Program, and specifies
approaches that must be considered.
ANALYSIS:
Existing law:
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1)Establishes the OPC to coordinate activities of ocean-related
state agencies and establish policies to coordinate the
collection and sharing of scientific data related to the coast
and ocean resources between agencies.
2)Establishes the Ocean Protection Trust Fund in the State
Treasury and administered by OPC, to make grants or loans to
public agencies, non-profit corporations or private entities
for projects that, among other objectives, improve management,
conservation, and protection of coastal waters and ocean
ecosystems; provide monitoring and scientific data to improve
state efforts to protect and conserve ocean resources; and
provide funding for adaptive management, planning,
coordination, and other necessary activities to minimize the
adverse impacts of climate change, including the effects of
ocean acidification.
3)Creates the California State Coastal Conservancy to protect
and improve natural lands and waterways, to help people get to
and enjoy the outdoors, and to sustain local economies along
California's coast. The Conservancy, created in 1976, is a
non-regulatory agency that supports projects to protect
coastal resources and increase opportunities for the public to
enjoy the coast.
This bill:
1)Makes findings and declarations about the threat posed by
ocean acidification and hypoxia (OAH) to ocean ecosystems, the
causes of OAH, and the emerging scientific evidence of
important ecosystem services provided by eelgrass ecosystems,
including hypoxia mitigation, carbon sequestration, and
mitigation against sea level rise.
2)Requires OPC, in consultation with the conservancy and other
relevant entities, to establish and administer the Ocean
Acidification and Hypoxia Reduction Program.
3)States that the program is intended to achieve the following
goals:
a) Developing demonstration projects to research how
important environmental and ecological factors interact
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across space and time to influence how geographically
dispersed eelgrass beds function for carbon dioxide removal
and hypoxia reduction.
b) Generating an inventory of locations where conservation
or restoration of aquatic habitats, including eelgrass, can
be successfully applied to mitigate OAH.
c) Incorporating consideration of carbon dioxide removal
during the habitat restoration planning process in order to
fully account for the benefits of long-term carbon storage
of habitat restoration.
d) Supporting science, monitoring, and coordination to
ensure ocean and coastal policy and management reflect best
available science on strategies to reduce OAH.
4)Requires OPC to consider approaches in the program to remove
carbon dioxide from seawater that provide multiple
co-benefits, including, but not limited to, providing
essential fish and bird habitat, improving water quality, and
mitigating sea level rise.
Background
Ocean acidification is caused by a series of chemical reactions
that occur as the surface waters of the ocean absorb excess
carbon dioxide (CO2) produced by human activities and emitted
into the atmosphere. Approximately one-third of all
anthropogenic carbon dioxide emissions have been absorbed by the
world's oceans. These chemical reactions decrease seawater pH (a
process called acidification) and reduce the concentration of
dissolved carbonate ions that many marine organisms use to grow
their shells and skeletons.
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.
In an effort to develop the scientific foundation necessary for
coastal managers and other stakeholders to take informed action,
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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 multi-year,
multi-state panel released an extensive report summarizing the
major findings, recommendations and actions.
According to the report, because of oceanographic circulation
dynamics in the North Pacific, California's coastal ecosystems
are particularly exposed to impacts of OAH. And as with other
mitigation and adaptation aspects of carbon emissions, when it
comes to addressing OAH, there is a cost to management inaction.
This is because OAH impacts, and the difficulties of addressing
them, will only get worse in the foreseeable future.
In the report, restoring coastal areas with eelgrass was
identified as one possible strategy to reduce carbon dioxide in
seawater and lessen the effects of ocean acidification and
hypoxia. According to NOAA Fisheries "California Eelgrass
Mitigation Policy and Implementing Guidelines" (October 2014),
the state supports dynamic eelgrass habitats that range in
extent from less than 11,000 acres to possibly as much as 15,000
acres statewide. This includes estimates for poorly documented
beds in smaller coastal systems as well as open coastal and
insular areas. While among the most productive of habitats, the
overall low statewide abundance makes eelgrass one of the rarest
habitats in California. Collectively, just five systems -
Humboldt Bay, San Francisco Bay, San Diego Bay, Mission Bay, and
Tomales Bay - support over 80 percent of the known eelgrass in
the state. The uneven distribution of eelgrass resources
increases the risk to this habitat, and the narrow depth range
within which eelgrass can occur further places this habitat at
risk in the face of global climate change and sea level rise
predictions.
Due to recognition of cumulative threats to the extent and
quality of eelgrass beds, and their ecological importance as
foundational species that provide food and habitat structure to
many other species within sheltered bay and estuarine
communities, eelgrass is a species of conservation concern.
Therefore, there are many examples of where eelgrass beds have
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been inventoried and mapped at fine geographic scales as parts
of environmental impact assessments and mitigation plans for
coastal developments. There are also many small-scale eelgrass
restoration efforts underway as part of local, state, federal,
and international projects, often in partnership with non-profit
organizations. Variable degrees of success have resulted from
these efforts in California and around the world.
Ecological research on seagrasses, including their responses to
changing ocean conditions, their ability to capture sediment and
sequester carbon, and their ability to modify local water
chemistry through photosynthesis and respiration, is still
growing, but the evidence to date suggests that some of these
ecological functions can vary substantially from place to place,
and over time. Further research is necessary to determine the
extent to which such complexity can be routinely understood
enough to be reasonably predictable.
Comments
Source of funding for the proposed program: SB 1363, as an
unfunded mandate, will require new, unspecified funding to the
Ocean Protection Trust Fund for full OPC implementation. By the
time SB 1363 comes into effect, current funding for OPC programs
through the Proposition 84 bond will have expired. The question
therefore arises as to the source of funding for this program.
Related/Prior Legislation
AB 2139 (Williams, 2016) requires the Ocean Protection Council
to facilitate research and compile data on the causes and
effects of ocean acidification and, no later than January 1,
2018, and to adopt recommendations for further legislative and
executive actions to address ocean acidification. AB 2139 was
amended in the Assembly Appropriations Committee and is
currently on the Assembly Floor.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
If funding is made available, this bill will result in the
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following costs:
Unknown, but significant costs (special fund) to OPC, to
develop and administer the program.
Minor costs (special fund) to the conservancy for
consultation.
SUPPORT: (Verified5/31/16)
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
Monterey Bay Aquarium
Ocean Conservancy
Peninsula Open Space Trust
Sonoma County Agricultural Preservation and Open Space District
OPPOSITION: (Verified5/31/16)
None received
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
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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.
Prepared by:Matthew Dumlao / N.R. & W. / (916) 651-4116
5/31/16 20:45:35
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