Bill Text: CA AB1407 | 2023-2024 | Regular Session | Amended
Bill Title: Coastal resources: ocean recovery and restoration: large-scale restoration: artificial reefs.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2023-09-13 - Ordered to inactive file at the request of Senator Laird. [AB1407 Detail]
Download: California-2023-AB1407-Amended.html
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Amended
IN
Senate
July 13, 2023 |
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Amended
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Senate
July 03, 2023 |
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Amended
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Assembly
April 06, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1407
| Introduced by Assembly Member Addis (Principal coauthor: Senator Laird) (Coauthors: Assembly Members |
February 17, 2023 |
An act to add Section 6426 to the Fish and Game Code, and to add Chapter 3.3 (commencing with Section 35638) to Division 26.5 of the Public Resources Code, relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1407, as amended, Addis.
Coastal resources: ocean recovery and restoration: large-scale restoration. restoration: artificial reefs.
Existing
(1) Existing law establishes the Ocean Protection Council in state government. Among other things, the council is required to develop and implement a coastal climate change adaptation, infrastructure, and readiness program that does certain things, including recommend best practices and strategies to improve the climate change resilience of the state’s coastal communities, infrastructure, and habitat. Existing law authorizes the Secretary of the Natural Resources Agency to enter into an agreement with an
existing nonprofit corporation to establish a nongovernmental trust with the purpose of, among other things, encouraging coordinated, multiagency, multiinstitution approaches to ocean resource science to deliver actionable science solutions that accelerate equitable climate change adaptation.
This bill would require the secretary, on or before December 1, 2024, to establish acreage-based targets to restore kelp forests, eelgrass meadows, and native oyster beds, with the goal of achieving restoration by the year 2050, as provided. The bill would require the council to establish a Kelp Forest and Estuary Restoration and Recovery Framework to achieve the above-described acreage-based targets. The bill would require the framework to contain specified things, including criteria by which an acre a designated
area of kelp forests, eelgrass meadows, and native oyster beds can be considered restored. The bill would require the council to establish an interagency working group that coordinates and facilitates large-scale restoration along the coast, as provided. The bill would establish in the State Treasury the Ocean Restoration and Recovery Fund to be administered by the council and consisting of specified moneys. The bill would require the fund to be used, upon appropriation by the Legislature, to develop and carry out large-scale restoration and enhancement projects, as provided. The bill would require the council to publish various items on its internet website and to provide reports to the Legislature, regarding the above provisions, as provided.
(2) Existing law requires the Department of Fish and Wildlife to administer the California
Artificial Reef Program, which, among other things, includes the placement of artificial reefs in state waters.
This bill would require the department, on or before January 1, 2026, in coordination and consultation with the Ocean Protection Council, among other state entities, to review the program, as provided. The bill would require the department to post the completed review on its internet website.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Native marine life in California’s estuaries and in coastal waters provides a variety of valuable ecological functions and ecosystem services. In particular, kelp, eelgrass, and native oysters form the foundations of diverse and productive nearshore ecosystems by supporting complex food webs and providing important habitat for a wide array of invertebrates, fishes, marine mammals, and birds, including red abalone, red sea urchin, groundfish, and threatened and endangered salmon and salmonid species.
(2) Healthy kelp forests, eelgrass meadows, and oyster beds are essential habitats that are fundamental to supporting California’s unique marine biodiversity and its $44,000,000,000 ocean economy. economy, according to data from 2015.
(3) Kelp, eelgrass, and native oysters have important cultural value to California’s indigenous peoples, who have inhabited and stewarded the coast for thousands of years. The severe decline in California’s kelp forests as well as the extirpation of native Olympia oysters has curtailed the use of these ecosystems for food, medicine, ceremony, and associated tribal nation livelihoods.
(4) California’s estuaries provide vital habitat for many organisms, including nursery habitat for juvenile salmon, as well as other important commercial species and the some species of forage fish that many species depend on. Eelgrass can provide a refuge for shellfish from the effects of ocean acidification acidification, to some degree, and help prevent erosion and maintain shoreline stability by anchoring seafloor sediment with its spreading roots and rhizomes.
(5) Olympia oyster populations,
which once supported a large and intense fishery, provide ecosystem benefits in the form of improved water quality, food resources, and critical structural habitat for numerous species. Once playing a major role connecting California’s estuarine waters to the seafloor through filtration and nutrient absorption, this formerly extensive three-dimensional habitat is now functionally absent throughout the state.
(6) Kelp forests and eelgrass meadows also provide a major coastal attraction for many Californians and enhance diverse recreational opportunities, including skin and scuba diving, coastal kayaking, wildlife viewing, and fishing. These activities are important to local economies and for promoting a strong connection to place and overall human well-being in communities.
(7) Kelp forests, eelgrass meadows, and native oyster beds play an important role as a nature-based solution to combat the climate crisis. These habitats provide climate mitigation and adaptation benefits by by, to some effect, attenuating waves and buffering shorelines against storms, relieving impacts from ocean acidification, and sequestering carbon.
(8) Marine vegetation vegetation, in some instances, can sequester up to 20 times more carbon than terrestrial forests, making marine vegetation a
potentially critical tool in California’s fight against climate change.
(9) Restoration of kelp forests, eelgrass meadows, and native oyster beds may directly benefits benefit the state’s efforts to improve biodiversity by creating healthy ocean ecosystems that can independently and sustainably maintain critical organization and functions over time in the face of external stressors.
(10) As California works toward net zero greenhouse gas emissions by 2045, the state has the
opportunity to take advantage of natural climate solutions, such as eelgrass beds and kelp forests, known as blue carbon ecosystems, that capture and store carbon in soil, sediments, and plant matter.
(11) Despite their economic, ecological, and cultural importance, California’s marine ecosystems are facing significant threats. Losses of kelp, eelgrasses, and oysters have been driven by a history of overharvesting, coastal development, and pollution, as well as the growing impacts from climate change.
(12) Between 2014 and 2019, more than 95 percent of bull kelp forests in northern California, historically among the most productive and biodiverse ecosystems on the planet, were lost after compounding
following warm water events and continued climate-based combined with other climate change exacerbated threats.
(13) California’s eelgrass beds have severely declined over the last century. Loss of eelgrass in California is due to dredging,
diking, and pollution, all stressors that are now further compounded by sea level rise, warming waters, and changes in precipitation patterns.
(14) The state’s native oyster populations, which which, records suggest, historically formed extensive beds along the west coast, were severely overfished in the last two centuries to the point of near extinction. As a result, California’s bays and estuaries are devoid of an entire habitat that once played several roles in maintaining estuary health and fish productivity.
(15) The state, while valuing ecosystem restoration in its own right, has committed to
ambitious goals that coastal marine ecosystem restoration advances: increasing biodiversity through the 30x30 initiative, and implementing nature-based solutions to the climate crisis, among others.
(16) State agencies have identified and prioritized the need for restoration of key marine habitats. The Ocean Protection Council has outlined specific 2025 goals targeted at recovering both eelgrass and kelp, and the Department of Fish and Wildlife is currently developing a Kelp Restoration and Management Plan to deliver a comprehensive strategy for managing and restoring this impacted ecosystem.
(17) California must increase the scale and pace of its coastal restoration efforts with respect to kelp, eelgrass, and oysters to recover species of concern, restore ocean ecosystems,
and address the climate crisis. In order to achieve large-scale coastal habitat restoration, the state must explore new permitting, interagency coordination, capacity building, and public funding approaches to
enable ecological restoration to occur more quickly, simply, and cost effectively.
(18) Large-scale marine ecosystem restoration has been successfully achieved in other parts of the country and the world to meet the pace and scale of decline for critical biogenic habitats like kelp, oysters, and eelgrass. Large bays in the State of Florida have witnessed massive eelgrass returns through improved management and restoration. Japan and Korea have led on extensive restoration of kelp forests, and in Australia and several locations in the United States, such as the States of Virginia, Florida, and Texas, practitioners have effectively scaled restoration of oyster reefs. Large-scale ecosystem restoration delivers multiple societal benefits, including jobs, economic impact, and cultural connectivity.
(19) Investing in habitat restoration is good for the economy of California. Nationally, According to the nonprofit corporation The Nature Conservancy, and the management consulting company Bain & Company, nationally, every $1,000,000 invested in restoration yields $1,600,000 to $2,600,000 in induced economic output, including as many as 33 jobs. For example, in the United States, the national market size of oyster restoration is $80,000,000 annually, directly supporting 1,500 jobs and contributing to $210,000,000 of economic output. However, the State of California is missing out on these jobs and economic benefits to residents, as California represents less than 1 percent of that
market.
(20) A recent study by the nonprofit corporations The Nature Conservancy and Earth Economics analyzing best available spatial and observational data for kelp forests, eelgrass meadows, and native oyster beds, in consultation with leading restoration practitioners and in consideration of the historical and contemporary persistence of these habitats, determined that there are a total of 32,079 potentially restorable acres for these critical marine habitats, including 5,267 acres of kelp forests, 16,584 acres of eelgrass meadows, and 10,228 acres of native oyster beds.
(b) Therefore, it is the intent of the Legislature to
have the Natural Resources Agency establish acreage-based targets, informed by the best available scientific information, credible science for kelp forests, eelgrass meadows, and native oyster beds by 2050, at a magnitude commensurate with the level of observed decline.
(c) It is also the intent of the Legislature to enact legislation that would establish a fund, known as the Ocean Restoration and Recovery Fund, as a dedicated long-term source of grant funding to catalyze large-scale restoration projects that restore and improve native kelp forests, eelgrass meadows, and oyster beds under the jurisdiction of the state.
SEC. 2.
Section 6426 is added to the Fish and Game Code, immediately following Section 6425, to read:6426.
(a) On or before January 1, 2026, the department shall, in coordination and consultation with the Ocean Protection Council, the California Coastal Commission, the State Lands Commission, and the San Francisco Bay Conservation and Development Commission, review the program as part of meeting the requirements established in paragraphs (4) and (5) of subdivision (b) of Section 35638.2. The review shall include all of the following:(1) A complete and verified, as feasible, inventory of artificial reefs in state waters.
(2) An assessment of the successes and shortcomings of the existing program, including with respect to permitting and siting.
(3) An assessment of appropriate lease terms, fees, indemnification, and ongoing monitoring to ensure successful implementation and appropriate regulatory oversight for proposed future reefs.
(4) Any other relevant information.
(b) The department shall post the completed review on its internet website.
SEC. 2.SEC. 3.
Chapter 3.3 (commencing with Section 35638) is added to Division 26.5 of the Public Resources Code, to read:CHAPTER 3.3. Ocean Recovery and Restoration
35638.
For the purposes of this chapter, the following terms apply:(a) “Best available scientific information” includes credible science as defined in Section 33 of the Fish and Game Code.
(a)
(b) “Framework” means the Kelp Forest and Estuary Restoration and Recovery Framework established pursuant to
Section 35638.1.
(b)
(c) “Fund” means the Ocean Restoration and Recovery Fund established pursuant to Section 35638.3.
(c)
(d) “Large-scale restoration” means restoration or recovery activities that occur at one of the following spatial magnitudes:
the spatial magnitude of an entire estuary or bay, or for plots of a combined footprint of at least 30 acres.
(1)An entire estuary or bay.
(2)Over a footprint of at least 10 contiguous acres.
(3)Plots of a combined footprint of 30 acres.
(d)
(e) “Tribe” means a Native American tribe that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statues Statutes of 2004. This list includes both federally recognized California tribes listed on the most recent notice of the Federal Register as well as nonfederally recognized California tribes.
(e)
(f) “Working group” means the Ocean Restoration and
Recovery Working Group established pursuant to Section 35638.2.
35638.1.
(a) The Secretary of the Natural Resources Agency shall, on or before December 1, 2024, establish acreage-based targets, informed by the best available scientific information, to restore kelp forests, eelgrass meadows, and native oyster beds, with the goal of achieving restoration by the year 2050. When establishing the acreage-based targets, the secretary shall do all of the following:(1) Leverage Use technical expertise based on direct consultation of leading marine
conservation organizations and restoration practitioners.
(2) Derive potential restorable habitat from spatial or observational data sets for kelp and eelgrass.
(3) Consider historical and current persistence of habitats.
(b) The council council, in consultation with the working group, shall establish a Kelp Forest and Estuary Restoration and Recovery Framework to achieve the acreage-based targets as set under subdivision (a).
(c) The framework shall include all of the following:
(1) Identified coordinated actions that reflect a systematic, interagency approach for meeting restoration goals.
(2) A plan for monitoring progress toward 2050 goals, including biannual quantifiable goals and measurable benchmarks for evaluating progress.
(3) Criteria by which an acre a designated area of kelp forests, eelgrass meadows, and native oyster beds can be considered restored.
(d) In developing the framework, the council shall do all of the following:
(1) Involve impacted communities.
(2) Consult with tribes, including consultation on the cultural and ecological importance of native kelp forests, eelgrass meadows, and native oyster beds.
(3) Engage Seek to engage, consult, and collaborate with federal agencies, such as the National Oceanic and Atmospheric Administration, the United States Army Corps of Engineers, and the Environmental Protection Agency, in addition to state agencies, such as the Department of Fish and Wildlife, the California Coastal Commission, and the
State Lands Commission. Agency.
(4) Engage, consult, and collaborate with applicable state regulatory agencies, including, but not limited to, the Department of Fish and Wildlife, the California Coastal Commission, and the State Lands Commission.
(4)
(5) Engage with representatives from marine conservation organizations, the academic community, and stakeholder groups
that may have direct interest in the outcomes of the framework, including, but not limited to, recreational user communities, shellfish growers, the boating industry, and impacted small businesses.
(e) The (1) On or before December 31, 2037, the council shall reevaluate the restoration goals established by this section.
(2) The framework shall establish clear criteria by which the restoration goals established in this section could be reevaluated in 2037,
are reevaluated, as required in paragraph (1), based on best available scientific information and in line consistent with findings from reporting required pursuant to subdivision (d) of Section 35638.4 and potentially modified.
35638.2.
(a) The council shall, in coordination and collaboration with relevant(b) The working group shall do all of, but is not limited to, the following: following actions:
(1) Identify opportunities to streamline restoration permitting processes, and prioritize restoration permitting in state permitting processes
to enable large-scale restoration.
(2) Study and make recommendations regarding opportunities to enhance workforce capacity to support restoration activities.
(3) Study and make recommendations regarding long-term sustainable funding options to address the magnitude of restoration needed.
(4) Evaluate and make recommendations based on lessons learned from past and recent restoration efforts, including, but not limited to, guidance on the use of natural and artificial substrates in the restoration process. an assessment of the monitoring plan, described in paragraph (3) of
subdivision (b) of Section 35638.4, to determine successful restoration and inform adaptive management.
(5) Coordinate and integrate the implementation strategy with the key goals and priorities of the 30x30 goal, as defined in Section 71450, climate resilience, and nature-based solution frameworks.
(c) In carrying out its work, the working group shall regularly consult with representatives from the academic community, marine conservation organizations, and stakeholder groups that may have a direct interest in coastal restoration.
35638.3.
(a) There is hereby established in the State Treasury the Ocean Restoration and Recovery Fund to be administered by the council. The fund shall consist of the following moneys:(1) Any moneys the Legislature may appropriate for purposes of this chapter.
(2) Moneys received from federal, state, or other sources, including bond funds, for the purposes of this chapter.
(3) Grants, awards, donations, gifts, transfers, or moneys derived from private sources for the purpose of this chapter.
(4) Moneys derived from interest, dividend, or other income from the sources described in paragraphs (1) to (3), inclusive.
(b) The fund shall be used, upon appropriation by the Legislature, to develop and carry out large-scale restoration and enhancement projects intended to restore and enhance kelp forests, eelgrass meadows, or native oyster beds under the jurisdiction of the state. Projects supported by the fund shall demonstrate a high potential to make a significant contribution to the kelp, eelgrass, or oyster restoration targets established in Section 35638.1.
35638.4.
(a) On or before December 1, 2024, the council shall publish a schedule for framework development and the convening of the working group on its internet website.(b) On or before July 1, 2026, the council shall
publish a report on its internet website that provides all of the following information:
(1) The finalized framework and acreage-based targets established pursuant to Section 35638.1.
(2) A list of potential tools and actions to support restoration activities.
(3) A monitoring plan based on designed to collect new information, or integrate existing information, or both, necessary to robustly assess the identified success measures.
measures of successful restoration.
(c) The council council, in collaboration with the Department of Fish and Wildlife, shall continue to monitor the distributions and trends of native kelp forests, eelgrass meadows, and native oyster beds to help inform adaptive management of the framework and coordinated partner actions. framework.
(d) On or before December 1, 2027, and on or before December 1 of each odd-numbered year thereafter, the council shall provide to the Legislature a report that describes the progress toward restoring native kelp forest, eelgrass, and oyster beds, and monitoring approaches and findings, including success measures of successful restoration described in paragraph (3) of subdivision (b). The report shall include all of of, but not limited to, the following:
(1) Working group findings, conclusions, and proposed
actions on streamlining and prioritizing marine restoration permitting, workforce capacity building, and long-term funding, based on a synthesis of lessons learned from past and ongoing restoration efforts.
(2) The amount awarded from the fund during the preceding years and years, the recipients. recipients of moneys from the fund, and the status of the funded projects.
(3) An updated list summarizing corresponding coordinated actions
and success measures.
measures of success. The summary shall include any barriers to framework implementation and legislative or administrative recommendations to address those barriers.
(4) An update on whether restoration benchmarks identified in the framework have been achieved, including the number of acres of native kelp forests, eelgrass meadows, and oyster beds restored by region. If any benchmark has not been achieved, the department council shall include in the report a detailed plan for achieving that failed benchmark within two years.
The update shall include an evaluation of monitoring data and identify where adaptive management has informed efforts.
(5) An update on consultation and engagement with tribes.
(e) A report submitted to the Legislature pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code.
