BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2125|
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                                 THIRD READING


          Bill No:  AB 2125
          Author:   Ruskin (D)
          Amended:  8/17/10 in Senate
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  6-3, 6/29/10
          AYES:  Pavley, Kehoe, Lowenthal, Padilla, Simitian, Wolk
          NOES:  Cogdill, Hollingsworth, Huff

           SENATE APPROPRIATIONS COMMITTEE  :  7-4, 8/12/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES:  Ashburn, Emmerson, Walters, Wyland

           ASSEMBLY FLOOR  :  51-24, 6/2/10 - See last page for vote


           SUBJECT  :    Coastal resources:  marine spatial planning

           SOURCE  :     Ocean Conservancy


           DIGEST  :    This bill requires the Ocean Protection Council  
          (OPC) to support other state agencies use of geospatial  
          information for coastal- and ocean-related decision making.  
           This bill requires the OPC to report to the Legislature on  
          issues related to marine spatial planning.  This bill  
          requires all other state agencies with coastal management  
          or regulatory responsibilities to assist the OPC in these  
          activities.  This bill authorizes the OPC to award grants  
          and provide other assistance to support this effort.

           ANALYSIS  :    Existing law declares it is the policy of the  
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          state to assess the long-term values and benefits of the  
          conservation and development of ocean resources and uses  
          with the objective of restoring or maintaining the health  
          of the ocean ecosystem and ensuring the proper management  
          of renewable and nonrenewable resources.

          Existing law requires the OPC to coordinate activities of  
          state agencies that are related to the protection and  
          conservation of coastal waters and ocean ecosystems to  
          improve the effectiveness of state efforts to protect ocean  
          resources within existing fiscal limitations, to establish  
          policies to coordinate the collection, evaluation, and  
          sharing of scientific data related to coastal and ocean  
          resources among agencies, and to identify and recommend to  
          the Legislature changes in law needed to achieve these  
          goals.

          This bill, consistent with the above goals and subject to  
          the availability of funding, requires the OPC, to support  
          state agencies' use and sharing of scientific and  
          geospatial information for coastal- and ocean-relevant  
          decisionmaking, including marine spatial planning, by  
          taking specified actions, to assess the needs of  
          California's public agencies with respect to their  
          abilities to gather, manage, use, and share information and  
          decision-support tools relevant to ecosystem-based  
          management in the coastal and ocean environment.

          This bill requires each state agency, board, department, or  
          commission with ocean or coastal management interests or  
          regulatory authority to cooperate with the OPC to achieve  
          all of the specified goals, subject to available funding  
          and consistent with each entity's individual mandate.  This  
          bill authorizes the OPC to award grants, enter into  
          interagency agreements, and provide assistance to public  
          agencies and nonprofit organizations to support the  
          achievement of these goals and would require the council to  
          give preference to public agencies that are meeting these  
          goals.

           Background  

          Management and conservation of the world's oceans require  
          synthesis of spatial data on the distribution and intensity  







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          of human activities as well as the overlap of those impacts  
          on marine ecosystems.  Therefore, scientific and geospatial  
          information that is both relevant and accessible is  
          critical to advance the health of ocean and coastal  
          ecosystems.  However, despite existing laws and efforts,  
          ocean managers and decision-makers often do not have access  
          to the latest technology or scientific information that can  
          support their public trust responsibilities.  This includes  
          making permitting decisions and conducting long-term ocean  
          planning. 

          Increased coordination between agencies, geospatial data  
          sharing and new information technology for state planners  
          and managers with ocean and coastal-related jurisdiction is  
          required to enable these entities to best evaluate  
          ecosystem threats to our state's coastal and marine  
          environments. Without OPC actively coordinating these  
          functions, permitting and long term planning will not be as  
          effective as is necessary. 

          Geospatial data can be displayed in a format as a simple as  
          a street map or as complex as a geographic information  
          system interface.  In a marine context, the data types can  
          include bathymetry or topography of the ocean floor,  
          coastal aerial imagery, marine habitat, and jurisdictional  
          boundaries of a protected area.  As part of their  
          regulatory or planning responsibilities, agencies such as  
          the California Coastal Commission, State Lands Commission,  
          and Department of Fish and Game have been collecting these  
          data in various formats for decades.  However, most of this  
          data is not digitized, standardized or centralized in a  
          format easily accessible to other agencies or the public,  
          nor is some of it of high value for broader planning  
          purposes.  (This applies to most data or documentation  
          produced in compliance with environmental laws or  
          regulations.) 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)








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             Major Provisions                2010-11     2011-12     
             2012-13               Fund  

            Report development            Up to $100          Bond*

            Cost pressure for             Unknown, potentially in  
            the millions        Bond*
            additional grants

            * Proposition 84

           SUPPORT  :   (Verified  8/7/10)

          Ocean Conservancy (source)
          Monterey Bay Aquarium
          Natural Resources Defense Council


           ARGUMENTS IN SUPPORT  :    According to the author, potential  
          conflicts among present and future uses of the ocean can be  
          minimized if scientific and geospatial information is  
          collected and analyzed on an ongoing basis such that  
          economic activities and ecosystem functions can be  
          integrated. 

          The OPC adopted a resolution in 2009 that endorsed  
          interagency collaboration and management of geospatial  
          information in the ocean and the resolution further  
          directed its staff to make recommendations on marine  
          spatial planning for future approval of the OPC.  However,  
          the author believes that this bill is necessary to  
          establish that the OPC is the state's lead agency for  
          increasing the amount of scientific and geospatial  
          information as well as coordinating information and data  
          sharing between agencies.  The author points to the fact  
          that data sharing among state agencies for land-based needs  
          has been assigned to the Chief Information Officer, but  
          that no similar arrangement has been made for ocean data  
          and agencies.  He also contends if the OPC is not assigned  
          this coordination function in the ocean, then future  
          permitting actions and long-term planning will not be as  
          effective as is necessary. 

          The Ocean Conservancy, as sponsor, stated that the bill is  







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          needed to improve information, coordination, geospatial  
          data sharing, and new information technology for state  
          planners and managers with ocean and coastal-related  
          jurisdiction. 

          The Monterey Bay Aquarium and the Natural Resources Defense  
          Council separately stated that the lack of information  
          provided to ocean managers and decision-makers will be  
          overcome, in part, by this bill which would result in  
          improvements to ocean governance.  They contend that the  
          bill is necessary to further improve the efficient  
          collection and sharing of information from state agencies  
          that contribute to the management of coastal and ocean  
          resources. 


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Bass, Beall, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Charles Calderon, Carter, Chesbro, Coto, Davis, De La  
            Torre, De Leon, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez,  
            Hill, Huber, Huffman, Jones, Bonnie Lowenthal, Ma,  
            Mendoza, Monning, Nava, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Yamada, John A. Perez
          NOES:  Adams, Anderson, Bill Berryhill, Conway, Cook,  
            DeVore, Emmerson, Fuller, Gaines, Garrick, Gilmore,  
            Hagman, Harkey, Jeffries, Knight, Logue, Miller,  
            Nestande, Niello, Nielsen, Silva, Smyth, Tran, Villines
          NO VOTE RECORDED:  Tom Berryhill, Lieu, Norby, Audra  
            Strickland, Vacancy


          CTW:mw  8/17/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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