BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 1184 HEARING DATE: April 22, 2014
AUTHOR: Hancock URGENCY: No
VERSION: March 24, 2014 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: San Francisco Bay Conservation and Development
Commission: sea level rise: regional resilience strategy.
BACKGROUND AND EXISTING LAW
1.In 1965, the McAteer-Petris Act (Government Code (GOV) �66650
et seq.) established the San Francisco Bay Conservation and
Development Commission (Commission). Although created as a
temporary state agency, the commission was made permanent in
1969 following the completion of the San Francisco Bay Plan
(Bay Plan), a long-term use plan for the Bay. The commission
is required to address emerging issues and keep the Bay Plan
up-to-date.
2.The commission is composed of 27 members appointed by various
federal, state, regional and local authorities. It includes
members from the public, and federal, state, regional and
local governments or related entities. The commission's
jurisdiction includes the San Francisco Bay, as specified, and
the land within 100 feet of the shoreline.
3.Existing law requires the commission to regulate fill and
development within a specified area in and along the
shorelines of the San Francisco Bay, and to implement
comprehensive plans for the preservation and protection of the
San Francisco Bay and the Suisun Marsh. The commission may
issue or deny permits, after public hearings, for certain
proposed projects in Bay Area locations within its
jurisdiction.
4.In 1989 the commission first recognized the potential effects
of climate change and sea level rise on the Bay Area and
amended the Bay Plan to incorporate changes to its policies on
fill.
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5.Existing law requires the commission, in coordination with
others, to develop regional strategies, as needed, for
addressing the impacts of, and adapting to, the effects of sea
level rise and other impacts of global climate change on the
San Francisco Bay and affected shoreline areas. (GOV �66646.2,
added by AB 2094 (DeSaulnier, c. 442, Stats. 2008)).
6.Sea level rise increases the risk of coastal flooding,
inundation by storm surges, coastal erosion and shoreline
retreat, and wetland loss. Infrastructure and cities along
the coast are vulnerable. According to the commission,
approximately seven million people live in the nine-county Bay
Area. The Bay is one of the most urbanized estuaries in the
world, and, thus, at risk from sea level rise and climate
change.
7.During the 20th century, sea level rise in the Bay was
approximately 7 - 8 inches. According to the most recent
projections, sea level rise is expected to be approximately an
additional 16 inches by 2050 and 55 inches by 2100.
8.The commission's study of sea level rise ("Living with a
Rising Bay," 2011) found potentially significant impacts on
the Bay's waterfront communities, economic sustainability, and
ecology. Over 280 square miles of shoreline land and over
250,000 residents would be at risk of flooding with just
moderate levels of sea level rise. Approximately $62 billion
would be needed to replace businesses and residential
structures affected.
9.The commission began the process to update and amend the Bay
Plan's climate change and related policy in 2008. According
to the commission, it held 36 public hearings, workshops and
stakeholder meetings, met with local governments, and extended
the public comment period for several months during the
26-month process of developing the climate change amendments.
There were at least four formal revisions to the amendments,
and, ultimately, the final policy was supported by a broad
range of stakeholders including the business community, labor,
environmental organizations, local governments, the public,
and others.
10.In October 2011, the commission unanimously approved a policy
to formulate a regional sea level rise adaptation strategy for
protecting critical developed shorelines areas and natural
ecosystems, enhancing the resilience of the Bay and shoreline
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systems, and increasing their adaptive capacity. The strategy
should be prepared in collaboration, as specified, with
certain agencies, local governments and the public. The
comprehensive strategy was deemed essential to the Bay Area's
long-term economic prosperity. These amendments to the Bay
Plan updated the Bay Plan climate change policies established
in 1989. The 2011 amendments on climate change revised the
public access, shoreline protection, safety of fill materials,
and tidal marshes and tidal flats sections and added a climate
change section to the Bay Plan.
PROPOSED LAW
This bill would require the commission to take action to protect
San Francisco Bay Area residents from potential flooding and
inundation from sea level rise by preparing a regional
resilience strategy for adapting to rising sea levels in the Bay
containing specified components. In particular, the bill would:
require that the main goal of the resilience strategy
shall be to increase Bay Area preparedness and resilience
to climate change impacts by reducing the flood risk to
valuable shoreline development, and protecting wetlands,
transitional habitats, and wildlife.
require that the strategy include two integrated
components - community or agency-based planning efforts for
specific shoreline areas and assets, and a regional
assessment of shoreline vulnerabilities and planning
process to develop and identify regional-scale adaptation
alternatives.
require the regional strategy to include numerous
specified elements (described below).
direct the commission to work with appropriate state and
federal agencies and local and regional governments and
government agencies in developing the strategy.
require the commission to complete the strategy and
submit the resulting recommendations to the Legislature by
December 31, 2018.
make numerous supporting legislative findings.
ARGUMENTS IN SUPPORT
According to the author, "[w]hile local government is aware of
the effects of [sea level rise], there is a need to provide
planning assistance and a coordinated effort to craft a regional
plan for a resilient shoreline. [The commission] has been
working with the Bay Area Joint Policy Committee to address
climate change and will continue to work collaboratively with
various state, regional and local government agencies in this
endeavor. [?] Many aspects of the coastal economy are at risk
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from [sea level rise], including coastal related tourism, beach
activities, and transfer of goods and services through ports and
transportation networks. [?] SB 1184 is an opportunity to
prepare for and adapt to the risks of rising sea levels that are
already here and continue to increase."
"The regional resilience strategy will address several goals
including: advancing regional public safety and economic
prosperity, integrating the protection of existing and future
shoreline development and infrastructure with the enhancement of
the San Francisco Bay ecosystem, encouraging innovative
approaches to sea level rise adaptation, advancing regional
sustainability and encouraging infill development and job
creation among other objectives."
The commission chair states, "SB 1184 provides the state mandate
to prepare such a strategy and provide for how that strategy
should be prepared and what it should address. This will
establish a clear path toward creating a region that can be
resilient to a rising Bay and protecting the Bay Area's
citizens, its strong economy, and important natural resources."
According to the East Bay Municipal Utility District, "[b]y
organizing regional sea level rise adaptation efforts, SB 1184
would help protect potentially vulnerable infrastructure in the
Bay Area, such as EBMUD's main wastewater treatment plant, and
is consistent with EBMUD's sustainability program and its
efforts to consider and plan for the impacts of climate change."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
This bill is a work-in progress . Discussions between the
commission and stakeholders regarding the bill's language are
continuing and have not yet reached resolution. The Nature
Conservancy, for example, in taking its "support if amended"
position notes the importance of a climate resilience strategy
and proposes several, primarily clarifying, amendments. The Bay
Planning Coalition, a group with membership from both private
and public sectors, also has taken a "support if amended"
position. As noted above, the 2011 Bay Plan amendments
addressing climate change took over two years to complete and
numerous revisions were incorporated as negotiations continued.
The Committee may wish to direct staff to continue working with
the author's office and monitoring progress should the bill pass
the Committee today.
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The commission's existing authority specifically includes
addressing climate change . This bill would provide specific
direction on how to prepare and require the preparation of a
Bay-specific climate resilience strategy.
Comprehensive goals and objectives for the strategy . These
include:
advancing regional public safety and economic prosperity
by protecting development and infrastructure, as specified,
enhancing the San Francisco Bay ecosystem, and integrating
this protection and enhancement
integrating regional mitigation measures with adaptation
measures with a focus on planning efforts
identifying actions necessary to implement the policy
encouraging innovative approaches to adaptation
addressing environmental justice and social equity
advancing regional sustainability and providing diverse
housing opportunities
protecting historical and cultural resources
encouraging the remediation of shoreline areas
identifying and pursuing relevant research
Recent related legislation
SB 461 (Leno, 2013) would create the Coastal Adaptation Fund and
authorize funding to certain state entities to provide for
rising sea levels and coastal climate change adaptation (on
Assembly Appropriations Committee suspense)
SB 792 (DeSaulnier, 2013) would, among other provisions, allow
for a sustainable communities strategy developed for the San
Francisco Bay Area to include sea level rise. (pending
assignment in the Assembly)
SB 1217 (Leno, 2014) would require the Natural Resources Agency
to periodically perform a climate change risk assessment and
direct the Strategic Growth Council to assess certain impacts
and identify projects that provide climate adaptation and
resiliency (before the Senate Natural Resources and Water
Committee)
SB 1283 (Alquist, 2012) would have established the San Francisco
Bay Area Sea Level Rise Planning Act.
SB 1066 (Lieu, c. 611, Stats. 2012) provides for the California
Coastal Conservancy to address climate change.
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AB 2516 (Gordon, 2014) would provide for the establishment of a
Planning for sea level rise database describing steps taken by
entities throughout the state to address rising sea level
(before the Assembly Natural Resources Committee)
AB 2711 (Muratsuchi, 2014) would require the California Energy
Commission to consider sea level rise in the powerplant
certification process (before the Assembly Natural Resources
Committee)
AB 691 (Muratsuchi, c. 592, Statutes of 2013) provides that
addressing sea level rise is a management priority for granted
public trust lands.
SUPPORT
East Bay Municipal Utility District
R. Zachary Wasserman, Chair, San Francisco Bay Conservation and
Development Commission
The Nature Conservancy (if amended)
Bay Planning Coalition (if amended)
OPPOSITION
None Received
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