Bill Text: CA SB1363 | 2015-2016 | Regular Session | Amended

California Senate Bill 1363 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Ocean Protection Council: Ocean Acidification and

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2016-09-29 - Chaptered by Secretary of State. Chapter 846, Statutes of 2016. [SB1363 Detail]

Download: California-2015-SB1363-Amended.html

BILL NUMBER: SB 1363	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Monning

                        FEBRUARY 19, 2016

   An act to  amend Section 35650 of, and to  add Sections
35630 and 35631  to   to,  the Public
Resources Code, relating to coastal resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1363, as amended, Monning.  Coastal resources: eelgrass
habitat.   Ocean Protection Council: Ocean
Acidification and Hypoxia Reduction Program.  
   Existing law 
    The California Ocean Protection Act law  establishes the
Ocean Protection Council and requires the council, among other
things, to coordinate activities of state agencies that are related
to the protection and conservation of coastal waters and ocean
ecosystems, and to establish policies to coordinate the collection
and sharing of scientific data related to coastal and ocean resources
among agencies.   The   act   creates the
California Ocean Protection Trust Fund in the State Treasury and
authorizes moneys deposited in the fund, upon appropriation by the
Legislature, to be expended by the council for projects and
activities authorized by the council consistent with the purposes of
the act. 
   This bill would  state the intent of the Legislature to
enact legislation to promote restoration of eelgrass habitat in
California's coastal environments, bays, and estuaries, based on
scientific- and evidence-based approaches.   require the
council, in coordination with the State Coastal Conservancy, to
establish and administer the Ocean Acidification and Hypoxia
Reduction Program for the purposes of achieving specified goals. The
bill would authorize moneys in the   trust fund to be
expended for grants or loans   for projects or activities
that further public purposes consistent with the Ocean Acidification
and Hypoxia Reduction Program. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35630 is added to the Public Resources Code, to
read:
   35630.  The Legislature finds and declares all of the following:
   (a) Eelgrass ecosystems are among the most diverse and productive
ecosystems in the world, with particular importance to commercially
and recreationally valuable species  like  
including  shellfish, crabs, finfish, waterfowl, and 
migratory birds.   shorebirds. 
   (b) Since the 1850s, 90 percent of California's eelgrass acreage
has been destroyed, and the remaining 10 percent is continuously
exposed to multiple stressors and threats.
   (c) Scientific research has shown that eelgrass habitat provides
multiple  benefits   benefits,  including
the following:
   (1) Providing essential fish habitat for  recovering
salmon populations   salmon, groundfish, and Pacific
herring, providing Dungeness crab nurseries,  and supporting
commercial fisheries important to California's coastal economy.
   (2) Improving water  clarity   quality 
by filtering polluted runoff and by absorbing excess nutrients.
   (3) Helping to mitigate hypoxia, an abnormal deficiency of oxygen
in marine environments.
   (4) Sequestering carbon in the underlying sediments.
   (5) Protecting the shoreline from erosion by absorbing wave energy
and helping to mitigate sea level rise. 
  SEC. 2.    Section 35631 is added to the Public
Resources Code, to read:
   35631.  It is the intent of the Legislature to enact legislation
to promote restoration of eelgrass habitat in California's coastal
environments, bays, and estuaries, based on scientific- and
evidence-based approaches. 
   SEC. 2.    Section 35631 is added to the  
Public Resources Code   , to read:  
   35631.  (a) To the extent funds are available from bonds or other
sources, the council, in coordination with the State Coastal
Conservancy, shall establish and administer the Ocean Acidification
and Hypoxia Reduction Program for the purposes of achieving the
following goals:
   (1) Developing demonstration projects to evaluate the best
locations that are optimal for implementing carbon dioxide removal
strategies, including the protection and restoration of eelgrass
beds.
   (2) Generating an inventory of locations where conservation or
restoration of aquatic habitats, including eelgrass, can be
successfully applied to mitigate ocean acidification and hypoxia.
   (3) 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
in addition to the habitat value.
   (b) In advancing approaches in the program to remove carbon
dioxide from seawater, the council shall consider approaches that
provide multiple cobenefits, including, but not limited to, providing
essential fish and bird habitat, improving water quality, and
mitigating sea level rise. 
   SEC. 3.    Section 35650 of the   Public
Resources Code   is amended to read: 
   35650.  (a) The California Ocean Protection Trust Fund is
established in the State Treasury.
   (b) Moneys deposited in the fund may be expended, upon
appropriation by the Legislature, for both of the following:
   (1) Projects and activities authorized by the council consistent
with Chapter 3 (commencing with Section 35600).
   (2) Upon authorization by the council, for grants or loans to
public agencies, nonprofit corporations, or private entities for, or
direct expenditures on, projects or activities that do one or more of
the following:
   (A) Eliminate or reduce threats to coastal and ocean ecosystems,
habitats, and species.
   (B) Improve the management of fisheries through grants or loans
for the development and implementation of fishery management plans
pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of
the Fish and Game Code, a part of the Marine Life Management Act of
1998, that promote long-term stewardship and collaboration with
fishery participants to develop strategies that increase
environmental and economic sustainability. Eligible projects and
activities include, but are not limited to, innovative
community-based or cooperative management and allocation strategies
that create incentives for ecosystem improvement. Eligible
expenditures include, but are not limited to, costs related to
activities identified in subdivisions (a), (b), and (d) of Section
7075 of the Fish and Game Code, fishery research, monitoring, data
collection and analysis to support adaptive management, and other
costs related to the development and implementation of a fishery
management plan developed pursuant to this subparagraph.
   (C) Foster sustainable fisheries, including grants or loans for
one or more of the following:
   (i) Projects that encourage the development and use of more
selective fishing gear.
   (ii) The design of community-based or cooperative management
mechanisms that promote long-term stewardship and collaboration with
fishery participants to develop strategies that increase
environmental and economic sustainability.
   (iii) Collaborative research and demonstration projects between
fishery participants, scientists, and other interested parties.
   (iv) Promotion of value-added wild fisheries to offset economic
losses attributable to reduced fishing opportunities.
   (v) The creation of revolving loan programs for the purpose of
implementing sustainable fishery projects.
   (D) Improve coastal water quality.
   (E) Allow for increased public access to, and enjoyment of, ocean
and coastal resources, consistent with sustainable, long-term
protection and conservation of those resources.
   (F) Improve management, conservation, and protection of coastal
waters and ocean ecosystems.
   (G) Provide monitoring and scientific data to improve state
efforts to protect and conserve ocean resources.
   (H) Protect, conserve, and restore coastal waters and ocean
ecosystems, including any of the following:
   (i) Acquisition, installation, and initiation of monitoring and
enforcement systems.
   (ii) Acquisition from willing sellers of vessels, equipment,
licenses, harvest rights, permits, and other rights and property, to
reduce threats to ocean ecosystems and resources.
   (I) Address coastal water contamination from biological pathogens,
including collaborative projects and activities to identify the
sources of pathogens and develop detection systems and treatment
methods.
   (J) (i) Provide funding for adaptive management, planning,
coordination, monitoring, research, and other necessary activities to
minimize the adverse impacts of climate change on California's ocean
ecosystem, including, but not limited to, the effects of sea level
rise, changes in ocean productivity, and ocean acidification on
coastal and ocean habitat, wildlife, fisheries, chemistry, and other
key attributes of ocean ecosystems and to increase the state's
understanding of the ocean's role in carbon sequestration. Adaptive
management strategies, planning, research, monitoring, or other
activities shall be designed to improve the management of coastal and
ocean resources or aid the state to adapt to climate change impacts.

   (ii) Information or activities developed under clause (i), to the
extent appropriate, shall provide guidance to the State Air Resources
Board for the adoption of early action measures for the elimination
or reduction of emissions from sources or categories of sources
pursuant to the California Global Warming Solutions Act (Division
25.5 (commencing with Section 38500) of the Health and Safety Code).
   (c) Grants or loans may be made to a private entity pursuant to
this section only for projects or activities that further public
purposes consistent with Sections 35510, 35515,  and 35617.
  35617, 35630, and 35631. 
   (d) Consistent with the purposes specified in Section 35515, and
in furtherance of the findings in Sections 7059 and 7060 of the Fish
and Game Code, the council, in authorizing grants or loans for
projects or expenditures pursuant to this section, shall promote
coordination of state programs and activities that protect and
conserve ocean resources to avoid redundancy and conflicts to ensure
that the state's programs and activities are complementary.