Bill Text: CA SB286 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Offshore wind energy projects.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 386, Statutes of 2023. [SB286 Detail]

Download: California-2023-SB286-Amended.html

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Amended  IN  Senate  May 18, 2023

Amended  IN  Senate  May 01, 2023

Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 286

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Introduced by Senator McGuire
(Coauthors: Senators Caballero, Dodd, Limón, and Rubio)
(Coauthor: Assembly Member Wood)

February 02, 2023

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An act to add Division 24.5 (commencing with Section 34500) to Sections 30616 and 30616.5 to, and to add Article 7.5 (commencing with Section 30266) to Chapter 3 of Division 20 of, the Public Resources Code, relating to public resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 286, as amended, McGuire. Offshore wind energy projects.

(1) Existing law, the California Coastal Act of 1976, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or a local government with a certified local coastal program, as provided. The act authorizes the commission to process and act upon a consolidated coastal development permit application if a proposed project requires a coastal development permit from both a local government with a certified local coastal program and the commission and if the applicant, the local government, and the commission consent to consolidate the permit action.

This bill would require the commission to process a consolidated coastal development permit for any new development that requires a coastal development permit and that is associated with, appurtenant to, or necessary for the construction and operation of offshore wind energy projects and transmission facilities needed for those projects.

(2) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

This bill would require the State Lands Commission to be the lead agency for purposes of CEQA for offshore wind energy projects and to prepare, or cause to be prepared, all environmental documents required by law. The bill would require the California Coastal Commission and the State Lands Commission to coordinate with relevant federal agencies to encourage and facilitate the preparation of joint environmental documents pursuant to CEQA and the federal National Environmental Policy Act of 1969 for proposed offshore wind energy projects.

(3) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), in coordination with specified state entities and other relevant federal, state, and local agencies, to develop a strategic plan for offshore wind energy developments installed off the California coast in federal waters, and requires the Energy Commission to submit the strategic plan to the Natural Resources Agency and the Legislature on or before June 30, 2023.

This bill would establish the California Offshore Wind Energy Fisheries Working Group and would require the working group to be composed of the California Coastal Commission, representatives of the Department of Fish and Wildlife, the State Lands Commission, the Ocean Protection Council, representatives of the commercial fishing industry, representatives of the offshore wind energy industry, representatives of labor organizations for the construction workforce, representatives of relevant federal agencies, representatives of California Native American tribes, and other stakeholders as appropriate. The bill would require the California Coastal Commission, in coordination with the Department of Fish and Wildlife, to convene the working group on or before January 1, 2025, for the purpose of developing a statewide strategy for ensuring that offshore wind energy projects avoid and minimize impacts to ocean fisheries to the maximum extent possible, fully mitigate unavoidable impacts, and fairly compensate persons engaged in commercial and recreational fishing and tribal interests for economic impacts to ocean fisheries resulting from offshore wind energy projects. The bill would require the statewide strategy to include best practices for addressing impacts to commercial and recreational fisheries fisheries, tribal interests, and environmental resources associated with offshore wind energy projects, as specified, and to be completed on or before January 1, 2026. The bill would require the California Coastal Commission to review the statewide strategy not less than every 3 years to determine if changes are necessary. The bill would require an applicant seeking approval or concurrence from a state agency for an offshore wind energy project to comply with the terms, recommendations, and best practices established in the statewide strategy.

The bill would require the working group to develop a framework for compensatory mitigation for unavoidable impacts on commercial and recreational fisheries fisheries, tribal interests, impacted commercial fish processors, and the public associated with offshore wind energy projects, including specified payments to compensate members of the commercial fishing industry and the public for lost revenues and other impacts of the project. The bill would require these payments to include, among other things, support for one-time investments for fishermen fishers to strengthen the existing fleet to make it more resilient, compensation for commercial fishermen fishers for personal property losses caused by offshore wind energy projects and for lost economic activity due to reduced fishing grounds, and financial assistance for coastal cities and counties and tribal communities, as specified. The bill would prohibit the State Lands Commission from leasing land under its jurisdiction for purposes of an offshore wind energy project unless these payments are incorporated within the rent charged to the lessee. The bill would create the Offshore Wind Energy Resiliency Fund and would require the State Lands Commission to deposit the portion of rent paid by a lessee of state lands for an offshore wind energy project that is derived from the above-described payments in the fund. The bill would make moneys in the fund available, upon appropriation by the Legislature, for the purposes for which the payments are made.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Article 7.5 (commencing with Section 30266) is added to Chapter 3 of Division 20 of the Public Resources Code, to read:

Article  7.5. Offshore Wind Energy

30266.

 The Legislature finds and declares all of the following:

(a) Offshore wind energy generation is an important component of California’s renewable energy portfolio.

(b) While offshore wind energy generation can provide significant climate and economic benefits, industrial scale development and deployment of offshore wind energy will also have impacts on coastal and ocean resources, fisheries, and coastal communities that are not yet fully understood.

(c) The urgency of the climate crisis and the importance of ocean health to maintaining a livable planet necessitate the expeditious development of offshore wind energy generation facilities and associated infrastructure in a manner that also avoids, minimizes, and mitigates impacts to ocean and coastal resources to the maximum extent practicable.

(d) Through science-based monitoring and mitigation, meaningful engagement with affected communities, and adaptive management, California can be a world leader in the rapid, just, and environmentally sustainable generation of renewable energy from offshore wind.

30267.

 (a) The commission shall process a consolidated coastal development permit for any new development that requires a coastal development permit and that is associated with, appurtenant to, or necessary for the construction and operation of offshore wind energy projects and transmission facilities needed for those projects. Section 30601.3 applies to a consolidated coastal development permit pursuant to this section, except that paragraph (2) of subdivision (a) of Section 30601.3 does not apply.

(b) The State Lands Commission shall be the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) for offshore wind energy projects pursuant to this division and shall prepare, or cause to be prepared, all environmental documents required by law.

(c) To avoid duplication and to increase regulatory efficiency, the commission and the State Lands Commission shall coordinate with relevant federal agencies to encourage and facilitate the preparation of joint environmental documents pursuant to the California Environmental Quality Act and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) for projects proposed pursuant to this article.

SEC. 2.

 Section 30616 is added to the Public Resources Code, to read:

30616.

 (a) The California Offshore Wind Energy Fisheries Working Group is hereby established. The working group shall be composed of the commission, representatives of the Department of Fish and Wildlife, the State Lands Commission, the Ocean Protection Council, representatives of the commercial fishing industry, representatives of the offshore wind energy industry, representatives of labor organizations for the construction workforce, representatives of relevant federal agencies, representatives of California Native American tribes, and other stakeholders as appropriate, as determined by the commission.

(b) On or before January 1, 2025, the commission, in coordination with the Department of Fish and Wildlife, shall convene the working group for the purpose of developing a statewide strategy for ensuring that offshore wind energy projects avoid and minimize impacts to ocean fisheries to the maximum extent possible, fully mitigate unavoidable impacts, and fairly compensate persons engaged in commercial fishing and tribal interests for economic impacts to ocean fisheries resulting from offshore wind energy projects.

(c) The statewide strategy developed pursuant to this section shall include best practices for addressing impacts to commercial and recreational fisheries, tribal interests, and environmental resources associated with offshore wind energy projects, including, but not limited to, the following:

(1) Protocols for communication among impacted parties.

(2) A methodology for a comprehensive project-level socioeconomic analysis of direct and indirect impacts to commercial fishing and tribal interests.

(3) Best practices for offshore surveys and data collection to assess impacts.

(4) Best practices for avoidance and minimization of impacts, including the use of evidence-informed adaptive management.

(5) A template for a fishing agreement that includes all relevant elements of the statewide strategy.

(6) A template for an agreement addressing tribal interests that includes all relevant elements of the statewide strategy.

(7) A framework for compensatory mitigation for unavoidable impacts to fishing and tribal interests pursuant to Section 30616.5.

(8) A recognition and incorporation of locally negotiated agreements between the fishing industry and the offshore wind energy industry.

(d) (1) The working group shall complete the statewide strategy, including the framework for compensatory mitigation for unavoidable impacts, on or before January 1, 2026.

(2) An applicant seeking approval or concurrence from a state agency for an offshore wind energy project shall comply with the terms, recommendations, and best practices established in the statewide strategy.

(3) The commission shall review the statewide strategy not less than every three years to determine if any changes are necessary. At a regularly noticed public hearing, the commission shall present the outcome of any review pursuant to this paragraph and may, by resolution, authorize the reconvening of the working group.

(e) A representative of the commercial fishing industry and a California Native American tribe who participates in the working group shall be compensated for expenses reasonably incurred for approved working group activities, including attendance at meetings, at a rate of fifty dollars ($50) per hour, up to no more than five hundred dollars ($500) per day. A representative of the commercial fishing industry and a California Native American tribe may also receive reimbursement for reasonable travel expenses. Funds used to compensate representatives of the commercial fishing industry pursuant to this subdivision shall be derived from the payments made pursuant to paragraph (3) of subdivision (c) of Section 30616.5, and funds used to compensate representatives of a California Native American tribe pursuant to this subdivision shall be derived from the payments made pursuant to paragraph (6) of subdivision (c) of Section 30616.5.

SEC. 3.

 Section 30616.5 is added to the Public Resources Code, to read:

30616.5.

 (a) The California Offshore Wind Energy Fisheries Working Group shall develop a framework for compensatory mitigation for unavoidable impacts on commercial fisheries, tribal interests, impacted commercial fish processors, and the public associated with offshore wind energy projects. The working group shall include the payments described in subdivision (c) in the framework.

(b) (1) The State Lands Commission shall not lease land under its jurisdiction for purposes of an offshore wind energy project pursuant to its authority under Chapter 1 (commencing with Section 6501) of Part 2 of Division 6 or any other law unless the payments described in subdivision (c) are incorporated within the rent charged to the lessee.

(2) A grantee of tide or submerged lands shall not lease land under its jurisdiction for purposes of an offshore wind energy project pursuant to its authority under Chapter 2 (commencing with Section 6701) of Part 2 of Division 6 or any other law unless the payments described in subdivision (c) are incorporated within the rent charged by the State Lands Commission pursuant to paragraph (1).

(3) A lease issued pursuant to this subdivision is subject to termination if payments due pursuant to subdivision (c) are not made.

(c) The working group shall set forth payments that a lessee of state lands for an offshore wind energy project is required to pay, as part of the rent the lessee pays for use of the state lands, to compensate commercial fisheries, tribal interests, and impacted commercial fish processors for lost revenues and to mitigate other impacts of the project on the public. The payments shall include all of the following:

(1) Support for one-time investments for fishers to strengthen the existing fleet to make it more resilient as offshore wind energy projects begin operation.

(2) Compensation for commercial fishers for personal property losses caused by offshore wind energy projects. The working group shall ensure that payments for purposes of this paragraph provide sufficient funds for the entire lifetime of the offshore wind energy project to compensate commercial fishers for all lost personal property.

(3) Compensation for commercial fishers for lost economic activity due to reduced fishing grounds.

(4) Funding for robust monitoring and evaluation of offshore wind turbines and their impact on fisheries and the surrounding environment.

(5) Financial assistance for coastal cities and counties for the purpose of designing, constructing, and improving climate-resilient critical infrastructure needed to facilitate offshore wind energy generation and deployment.

(6) Financial assistance for tribal communities impacted by offshore wind energy generation and deployment.

(7) Support for career and workforce training and retraining for individuals whose livelihoods are disrupted by the development of offshore wind energy resources.

(8) A proportionate amount from each lessee that is sufficient to cover state costs pursuant to this section and Section 30616, including, but not limited to, the costs of the working group’s activities and other administrative expenses.

(d) Notwithstanding Section 6217, the State Lands Commission shall deposit the portion of rent paid by a lessee of state lands for an offshore wind energy project that is derived from the payments described in subdivision (c) in the Offshore Wind Energy Resiliency Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, for the purposes described in subdivision (c).

SEC. 4.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.Division 24.5 (commencing with Section 34500) is added to the Public Resources Code, to read:

24.5.OFFSHORE WIND ENERGY

34500.

The Legislature finds and declares all of the following:

(a)Offshore wind energy generation is an important component of California’s renewable energy portfolio.

(b)While offshore wind energy generation can provide significant climate and economic benefits, industrial scale development and deployment of offshore wind energy will also have impacts on coastal and ocean resources, fisheries, and coastal communities that are not yet fully understood.

(c)The urgency of the climate crisis and the importance of ocean health to maintaining a livable planet necessitate the expeditious development of offshore wind energy generation facilities and associated infrastructure in a manner that also avoids, minimizes, and mitigates impacts to ocean and coastal resources to the maximum extent practicable.

(d)Through science-based monitoring and mitigation, meaningful engagement with affected communities, and adaptive management, California can be a world leader in the rapid, just, and environmentally sustainable generation of renewable energy from offshore wind.

34501.

(a)The California Coastal Commission shall process a consolidated coastal development permit pursuant to Division 20 (commencing with Section 30000) for any new development that requires a coastal development permit and that is associated with, appurtenant to, or necessary for the construction and operation of offshore wind energy projects and transmission facilities needed for those projects. Section 30601.3 applies to a consolidated coastal development permit pursuant to this section, except that paragraph (2) of subdivision (a) of Section 30601.3 does not apply.

(b)The State Lands Commission shall be the lead agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)) for offshore wind energy projects pursuant to this division and shall prepare, or cause to be prepared, all environmental documents required by law.

(c)To avoid duplication and to increase regulatory efficiency, the California Coastal Commission and the State Lands Commission shall coordinate with relevant federal agencies to encourage and facilitate the preparation of joint environmental documents pursuant to the California Environmental Quality Act and the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) for projects proposed pursuant to this division.

34502.

(a)The California Offshore Wind Energy Fisheries Working Group is hereby established. The working group shall be composed of the California Coastal Commission, representatives of the Department of Fish and Wildlife, the State Lands Commission, the Ocean Protection Council, representatives of the commercial fishing industry, representatives of the offshore wind energy industry, representatives of relevant federal agencies, and other stakeholders as appropriate.

(b)On or before January 1, 2025, the California Coastal Commission, in coordination with the Department of Fish and Wildlife, shall convene the working group for the purpose of developing a statewide strategy for ensuring that offshore wind energy projects avoid and minimize impacts to ocean fisheries to the maximum extent possible, fully mitigate unavoidable impacts, and fairly compensate persons engaged in commercial and recreational fishing for economic impacts to ocean fisheries resulting from offshore wind energy projects.

(c)The statewide strategy developed pursuant to this section shall include best practices for addressing impacts to commercial and recreational fisheries associated with offshore wind energy projects, including all of the following:

(1)Protocols for communication.

(2)A methodology for a comprehensive project-level socioeconomic analysis of direct and indirect impacts to fishing.

(3)Best practices for offshore surveys and data collection.

(4)Best practices for avoidance and minimization of impacts.

(5)A template for a fishing agreement that memorializes the elements of the statewide strategy.

(6)A framework for compensatory mitigation for unavoidable impacts pursuant to Section 34503.

(d)(1)The working group shall complete the statewide strategy, including the framework for compensatory mitigation for unavoidable impacts, on or before January 1, 2026.

(2)An applicant seeking approval or concurrence from a state agency for an offshore wind energy project shall comply with the terms, recommendations, and best practices established in the statewide strategy.

(e)A representative of the commercial fishing industry who participates in the working group shall be compensated for expenses reasonably incurred for approved working group activities, including attendance at meetings, at a rate of fifty dollars ($50) per hour, up to no more than five hundred dollars ($500) per day. A representative of the commercial fishing industry may also receive reimbursement for reasonable travel expenses. Funds used for purposes of this subdivision shall be derived from the payments made pursuant to paragraph (3) of subdivision (c) of Section 34503.

34503.

(a)The California Offshore Wind Energy Fisheries Working Group shall develop a framework for compensatory mitigation for unavoidable impacts on commercial and recreational fisheries and the public associated with offshore wind energy projects. The working group shall include the payments described in subdivision (c) in the framework.

(b)The State Lands Commission shall not lease land under its jurisdiction for purposes of an offshore wind energy project unless the payments described in subdivision (c) are incorporated within the rent charged to the lessee.

(c)The working group shall set forth payments that a lessee of state lands for an offshore wind energy project is required to make, as part of the rent the lessee pays for use of the state lands, to compensate members of the commercial fishing industry and the public for lost revenues and other impacts of the project. The payments shall include all of the following:

(1)Support for one-time investments for fishermen to strengthen the existing fleet to make it more resilient as offshore wind energy projects begin operation.

(2)Compensation for commercial fishermen for personal property losses caused by offshore wind energy projects. The working group shall ensure that payments for purposes of this paragraph provide sufficient funds for the lifecycle of the offshore wind energy project to compensate commercial fishermen for all lost personal property.

(3)Compensation for commercial fishermen for lost economic activity due to reduced fishing grounds.

(4)Support for robust monitoring and evaluation of offshore wind turbines and their impact on fisheries and the surrounding environment.

(5)Financial assistance for coastal cities and counties for the purpose of designing, constructing, and improving climate-resilient critical infrastructure needed to facilitate offshore energy generation and deployment.

(6)Financial assistance for tribal communities impacted by offshore energy generation and deployment.

(7)Support for career and workforce training and retraining for individuals whose livelihoods are disrupted by the development of offshore energy resources.

(8)A proportionate amount from each lessee that is sufficient to cover state costs pursuant to this division, including, but not limited to, the costs of the working group’s activities.

(d)Notwithstanding Section 6217, the State Lands Commission shall deposit the portion of rent paid by a lessee of state lands for an offshore wind energy project that is derived from the payments described in subdivision (c) in the Offshore Wind Energy Resiliency Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, for the purposes described in subdivision (c).