BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SJR 17
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          Date of Hearing:  June 18, 2012

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    SJR 17 (Corbett) - As Amended:  April 25, 2012
           
          SENATE VOTE:   28-9
           
          SUBJECT  :  Coastal resources: San Francisco Bay

           SUMMARY  :  Grants the Legislature's endorsement to the San 
          Francisco Bay Restoration Act (the Act) and urges the United 
          States Congress to enact the Act promptly.

           EXISTING LAW  :  Pursuant to the federal Clean Water Act:

          1)Establishes the basic structure for regulating discharges of 
            pollutants into the waters of the United States and regulating 
            quality standards for surface waters.

          2)Creates the National Estuary Program and allows the governor 
            of any state to nominate to the United States Environmental 
            Protection Agency (US EPA) an estuary as an estuary of 
            national significance and request a management conference to 
            develop a comprehensive management plan for the estuary.  If 
            the US EPA determines that the estuary requires the control of 
            point and nonpoint sources of pollution to supplement existing 
            controls of pollution in more than one state, it shall select 
            such estuary and convene a management conference.

          3)Requires an estuary management conference to (1) assess trends 
            in water quality, natural resources, and uses of the estuary; 
            (2) collect, characterize, and assess data on toxics, 
            nutrients, and natural resources within the estuarine zone to 
            identify the causes of environmental problems; (3) develop the 
            relationship between the inplace loads and point and nonpoint 
            loadings of pollutants to the estuarine zone and the potential 
            uses of the zone, water quality, and natural resources; (4) 
            develop a comprehensive conservation and management plan that 
            recommends priority corrective actions and compliance 
            schedules addressing point and nonpoint sources of pollution 
            to restore and maintain the chemical, physical, and biological 
            integrity of the estuary, including restoration and 
            maintenance of water quality, a balanced indigenous population 
            of shellfish, fish and wildlife, and recreational activities 







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            in the estuary, and assure that the designated uses of the 
            estuary are protected; (5) develop plans for the coordinated 
            implementation of the plan by the states as well as federal 
            and local agencies participating in the conference; (6) 
            monitor the effectiveness of actions taken pursuant to the 
            plan; and (7) review federal financial assistance programs and 
            federal development projects to determine whether such 
            assistance program or project would be consistent with and 
            further the purposes and objectives of the comprehensive 
            management plan for the estuary.

          4)Requires the US EPA, not later than 120 days after the 
            completion of a conservation and management plan and after 
            providing for public review and comment, to approve such plan 
            if the plan meets the requirements of this section and the 
            affected governor concurs.

          5)Authorizes the US EPA to make grants to pay for activities 
            necessary for the development and implementation of a 
            comprehensive conservation and management plan.  

           FISCAL EFFECT  :  Non-fiscal

           COMMENTS  : 

           1)Purpose of the Joint Resolution.   According to the author:

               The deteriorating ecological condition and the rising 
               sea level of the San Francisco Bay are threatening the 
               many benefits it provides to the 7 million residents 
               of the Bay Area.

               Between the years 1900 and 2000, the sea level rose 
               approximately 8 inches in the Bay.  The California 
               Ocean Protection Council estimates the sea level will 
               rise an additional 14 inches by the year 2050 and 55 
               inches by the year 2100.  The swelling sea level 
               threatens commercial, residential, and industrial 
               structures around the San Francisco Bay.
                
               Restoration of the San Francisco Bay has lagged behind 
               similar efforts in other major American watersheds due 
               to the lack of federal funding.  Continued delays in 
               pursuing water quality improvement and wetland 
               restoration projects endangers flood protection and in 







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               turn makes the projects more costly to undertake.   

               There is a large disparity between what the San 
               Francisco Bay receives in federal dollars and what 
               watershed programs around the country receive.  
               Chesapeake Bay and the Great Lakes have each received 
               $151,833,000 and $596,741,000, respectively, over the 
               last five years.  In contrast, the San Francisco Bay 
               only received $16,922,000, over the same period.

            The Act, authored by Congresswoman Jackie Speier (H.R. 3034) 
            and Senator Dianne Feinstein (S. 97), authorizes up to $20 
            million annually over five years to the US EPA to fund efforts 
            to restore and improve the environmental health of San 
            Francisco Bay.  According to Congresswoman Speier, "�the Act] 
            will take major strides to curb the harmful effects of 
            pollution while conserving water resources, restoring wetland 
            habitat, protecting fish and wildlife, and helping local 
            communities keep the Bay clean."

           2)Background.   The San Francisco Bay-Delta Estuary is the 
            largest estuary on the West Coast and a vital resource for the 
            state's human and wildlife populations.  The estuary system 
            encompasses roughly 1,600 square miles, drains over 40 percent 
            of the state (60,000 square miles), provides drinking water to 
            22 million Californians (two-thirds of the state's 
            population), and irrigates 4.5 million acres of farmland.  
            Two-thirds of the state's salmon pass through the Bay and 
            delta, as do nearly half of the waterfowl and shorebirds 
            migrating along the Pacific Flyway. 

            In 1987, California's governor nominated San Francisco Bay as 
            an estuary of national significance under the National Estuary 
            Program, and the US EPA officially added the Bay-Delta estuary 
            to the program in December 1987.  The San Francisco Estuary 
            Partnership (Estuary Partnership) is the management conference 
            for the San Francisco Bay estuary.  The Estuary Partnership 
            created and tracks implementation of the Estuary's 
            comprehensive management plan; manages over 50 technical 
            research and restoration projects; and educates the public 
            about Bay-Delta ecological issues including wetlands, 
            wildlife, aquatic resources, and land use. The work of the 
            Estuary Partnership is funded through an array of over 35 
            different federal, state, and local grants and contracts, and 
            operates on an annual budget of approximately $6 to 8 million, 







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            depending on funding availability.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Marin Audubon Society
          PRBO Conservation Science
          San Francisco Bay Joint Venture
          San Francisco Estuary Partnership
          Save the Bay
          The Bay Institute

           Opposition 
           
          None on file

           
          Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916) 
          319-2092