Today's Law As Amended


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SB-69 Ocean Resiliency Act of 2019.(2019-2020)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the Ocean Resiliency Act of 2019.
SEC. 2.
 The Legislature finds and declares all of the following:
(a) Enhancing the resilience of coastal and ocean resources provides multiple public benefits, including, but not limited to, assisting with adaptation to the impacts of climate change, improving water quality and ecosystem health, conserving public trust fisheries resources, improving coastal economies, and helping communities become more resilient to climate change impacts. Coastal and ocean ecosystems are significantly impacted by climate change, which harms the industries and communities that depend on those ecosystems. These effects are expected to worsen without immediate and sustained action to protect critical species, habitats, and natural resources.
(b) It is the policy of the state that the protection, enhancement, and management of coastal and ocean resources and anadromous fishery resources are integral to California’s economic and ecological resiliency and improving the state’s ability to mitigate and adapt to the impacts of climate change. The protection, enhancement, and management of the physical, biological, and chemical functions of these resources can result in enhanced ecosystem function and carbon sequestration, which removes carbon from the atmosphere, while reducing the impacts of ocean acidification and other harmful changes to ocean chemistry.
(c) Estuarine, coastal, and marine ecosystems can be seriously impacted and imperiled by upstream actions that impair water quality and inhibit the productive capacity of streams, rivers, and riparian areas. In order to sustain and protect marine biodiversity, it is necessary to treat freshwater and marine habitats as interconnected and interdependent. The protection of riparian areas that facilitate the growth of anadromous fisheries is critically important for ocean and coastal ecological and socioeconomic health and resilience.

SEC. 3.

 Section 1127 is added to the Fish and Game Code, to read:

1127.
 (a) The department shall develop and implement a plan as part of its fish hatchery operations for the improvement of the survival of hatchery-produced salmon, and the increased contribution of the hatchery program to commercial and recreational salmon fisheries.
(b) As part of the plan, the department shall do all of the following:
(1) Develop a hatchery monitoring and evaluation program.
(2) Evaluate parentage-based tagging and other modern approaches to more efficiently tag or mark hatchery fish, or both.
(3) Develop a policy for the coordination of hatchery operations and release strategies with other relevant state agencies, including, but not limited to, the Department of Water Resources.
(4) Maximize adult salmon returns as a hatchery management objective.
(5) Include approaches to minimize adverse consequences to the natural production of salmon.
(6) Consider recommendations that are consistent with subdivision (a) contained in reports prepared by the California Hatchery Scientific Review Group.
(c) The department shall identify steps and approaches to implement the plan into its regular fish hatchery operations.
(d) The department may collaborate with federal hatchery managers and hatchery managers in other western states in designing and implementing the plan.
(e) The department shall not include any of the following in the plan:
(1) The use of parentage-based tagging to manage salmon fisheries.
(2) Universal tagging and marking.
(3) The development of mark-select fisheries.
(f) The department shall develop the plan in collaboration with scientists with expertise in parentage-based tagging, hatchery practice experts, commercial and sport fishing industry representatives, tribal hatchery comanagers, and water contractor representatives.
(g) (1) (A) No later than one year after the operative date of this section, the department shall submit a report to the Legislature summarizing the progress in developing the plan.
(B) The department shall complete the development of the plan no later than two years after the operative date of this section.
(C) No later than three years after the operative date of this section, the department shall submit a report to the Legislature summarizing the progress made in implementing the plan.
(2) The reports to be submitted pursuant to subparagraphs (A) and (C) of paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(h) For purposes of this section, “parentage-based tagging” means a genetic-based fish tagging method that involves DNA testing of broodstock whereby parent fish used for hatchery production are genetically sampled at spawning, allowing the parentage of adult salmon to be determined when they are harvested in recreational or commercial fisheries, or after they return to spawn.
(i) This section shall become operative upon appropriation of funds by the Legislature to the department to develop and implement the plan described in this section.
(j) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.

SEC. 4.

 Section 1618 is added to the Fish and Game Code, to read:

1618.
 (a) On or before July 1, 2021, the department, in consultation with the Natural Resources Agency, shall develop a plan for sediment reduction and fishery restoration within the Elk River watershed in the County of Humboldt and for one additional hydrologic area affected by historic forest practices with endangered anadromous salmonids. The plan shall include an estimate of the resources needed to achieve a significant increase in the health of the watercourse in order to increase fish productivity and support all anadromous fish life history stages.
(b) The department shall post the plan developed pursuant to subdivision (a) on its internet website.
(c) When awarding grants as part of the Fisheries Restoration Grant Program, the department shall prioritize projects in accordance with the plan developed pursuant to subdivision (a).

SEC. 5.

 Section 6921.5 is added to the Fish and Game Code, to read:

6921.5.
 (a) No later than January 1, 2022, the department shall, in consultation with the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee, develop and implement at least one additional ocean-based offsite hatchery salmon release operation.
(b) It is the intent of the Legislature that this additional release operation not detract from existing ocean-based offsite hatchery salmon release operations.

SEC. 6.

 Section 6922 of the Fish and Game Code is amended to read:

6922.
 The program shall include, but is not limited to, all of the following elements:
(a) Identification of streams where the natural production of salmon and steelhead trout can be increased primarily through the improvement of stream and streambank conditions without effect on land ownership, land use practices, or changes in streamflow operations.
(b) Identification of streams where the natural production of salmon and steelhead trout can be increased only through the improvement of land use practices or changes in streamflow operations.
(c) Identification of streams where the protection of, and increase in, salmon and steelhead trout resources require, as a result of significant prior loss of stream habitat, the construction of artificial propagation facilities.
(d) A program element for evaluating the effectiveness of the program.
(e) Recommendations for an organizational structure, staffing, budgeting, long-term sources of funding, changes in state statutes and regulations and federal and local government policy and such other administrative and legislative actions as the department finds to be necessary to accomplish the purposes of this chapter.
(f) Identification of measures to protect and increase the production of other anadromous fisheries consistent with policies set forth in Section 6902.
(g) Identification of alternatives to, or mitigation of, manmade man-made  factors which that  cause the loss of juvenile and adult fish in California’s stream system.
(h) Development of a policy by January 1, 2022, for the use of releases, including in-river and ocean net pen releases, of salmon produced in state-managed and comanaged hatcheries during periods of drought or in other circumstances that result in significantly abnormal levels of mortality during onsite releases. The policy shall consider the effects of releases on the natural production of salmon. In developing this policy, the department shall coordinate with the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee and may coordinate with other state agencies, the United States Fish and Wildlife Service, and the National Marine Fisheries Service.

SEC. 7.

 Chapter 9 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read:

CHAPTER  9. Voluntary Vessel Speed Reduction Incentive Program
39950.
 (a) The state board shall, in coordination with affected districts along the coast and in consultation with the federal Office of National Marine Sanctuaries and the United States Navy, develop and implement a voluntary vessel speed reduction incentive program for the Santa Barbara Channel and San Francisco Bay area regions to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts.
(b) As part of the program, the state board shall do, or provide grants for, all of the following:
(1) Collect data on ship speeds along the California coast in order to analyze the program for future refinement or expansion, or both.
(2) Consider impacts to disadvantaged communities and the risk of oil spills due to the program.
(3) Provide financial incentives to program participants during peak ozone and whale seasons.
(4) Provide financial incentives to program participants based on percent of distance traveled by a participating vessel through a vessel speed reduction zone established by the state board at 10 knots or less.
(c) The state board may impose additional qualifying criteria in order to receive financial incentives under the program, including, but not limited to, individual transit speeds, such as maximum speed in transit or maximum transit average speed.
(d) The state board shall provide financial incentives pursuant to this section upon appropriation by the Legislature of funds made available for this program.
(e) The state board shall implement the program by May 1, 2021, and report to the Legislature regarding the implementation of the program by December 31, 2022. The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 8.

 Section 4557 is added to the Public Resources Code, to read:

4557.
 (a) On or before July 1, 2022, the board, in consultation with the Department of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the appropriate California regional water quality control boards, the United States Environmental Protection Agency, and the federal National Marine Fisheries Service, shall evaluate the forest practice rules for the protection and restoration of the beneficial functions of the riparian zone in the watersheds with listed anadromous salmonids, as established in Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations, in order to support salmonid populations at all life history stages and to control pollutant inputs known to negatively impact salmonids.
(b) In evaluating Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations, the board shall do all of the following:
(1) Review all recent peer-reviewed and published studies on potential impacts from timber operations and climate change within California watersheds with listed anadromous salmonids.
(2) Review relevant effectiveness monitoring studies funded by the board.
(3) Assess compliance with the existing versions of Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations.
(4) Assess and evaluate potential changes to Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations that may reduce impacts from timber harvesting activities to anadromous fish-bearing watercourses on the State of California’s list of water quality limited segments impaired by sediment identified pursuant to subdivision (d) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)).
(c) On or before January 1, 2024, the board shall, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), update Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations based on the evaluation conducted pursuant to subdivision (a). Any updated amendments to Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations shall provide additional protections to listed anadromous salmonids.

SEC. 9.

 Section 4563 is added to the Public Resources Code, to read:

4563.
 (a) Timber harvesting plans filed on or after January 1, 2020, for lands containing or adjacent to watercourses bearing listed anadromous salmonids, as described in Sections 916.9, 936.9, and 956.9 of Title 14 of the California Code of Regulations, included on the State of California’s list of water quality limited segments impaired by sediment identified pursuant to subdivision (d) of Section 303 of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)) shall include an erosion control plan.
(b) The erosion control plan shall be consistent with Sections 923.7, 943.7, and 963.7 of, and Sections 916.9, 936.9, and 956.9 of, Title 14 of the California Code of Regulations and any applicable addendum to those regulations, as well as with Section 4583.
(c) Timber harvesting activity shall not be undertaken under a timber harvesting plan subject to subdivision (a) on ground with an extreme erosion hazard rating, as determined pursuant to Section 912.5, 932.5, or 952.5 of Title 14 of the California Code of Regulations, unless the timber harvesting plan has been reviewed by the California Geological Survey.

SEC. 10.

 Section 5814.5 is added to the Public Resources Code, to read:

5814.5.
 (a) It is the policy of the state that all state government coastal wetland programs and policies ensure an overall net gain of coastal wetlands.
(b) The agency shall inventory the state’s existing coastal wetlands resources and prepare a study that meets the goals specified in paragraphs (1) to (8), inclusive, of subdivision (a) of Section 5814. On or before January 1, 2023, the agency shall submit the study to the Legislature, pursuant to Section 9795 of the Government Code. The agency, in coordination with the State Coastal Conservancy, the Department of Fish and Wildlife, and the state’s wetland and riparian area monitoring program and surface water ambient monitoring program, shall include both of the following in the study:
(1) A determination of a baseline for coastal wetlands, including intertidal and subtidal eelgrass beds.
(2) An implementation plan to achieve an annual net gain of ecologically functioning coastal wetlands within the state.
(c) The agency shall update the study described in subdivision (b), at a minimum, once every five years after January 1, 2023.
(d) For purposes of this section, “coastal wetlands” means lands within the coastal zone that may be covered periodically or permanently with shallow water and includes saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

SEC. 11.

 Section 5818.3 is added to the Public Resources Code, to read:

5818.3.
 (a) On or before December 31, 2022, the State Coastal Conservancy shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on the conservancy’s beneficial reuse pilot program for dredged sediment in Redwood City Harbor that received six million dollars ($6,000,000) pursuant to Item 3760-101-0001 of Section 2.00 of Chapter 29 of the Statutes of 2018. The report shall include how these funds were used, how these funds were leveraged with federal partnerships, the benefits obtained by the pilot program, budget estimates to make the pilot program permanent, and recommendations to the Legislature on how to improve the pilot program.
(b) Upon appropriation by the Legislature, the State Coastal Conservancy, in partnership with the United States Army Corps of Engineers, shall develop a beneficial reuse program to place and reuse dredged sediment for coastal wetland restoration projects.

SEC. 12.

 Section 10001 of the Public Resources Code is amended to read:

10001.
 The Director of Fish and Game shall identify and list  Wildlife shall establish a California Endangered Rivers List. The director shall identify and include in the California Endangered Rivers List  those streams and watercourses throughout the state for which minimum flow levels need to be established in order to assure the continued viability of stream-related fish and wildlife resources. The director shall include in this identification list  the California Endangered Rivers List  those streams and watercourses the director determines are significant, along with a statement of findings as to why that stream or watercourse was selected. The identification list  California Endangered Rivers List  required by this section shall rank the streams and watercourses beginning with those where the need for establishing minimum flow levels is the greatest. The director, at his discretion,  director  may revise the list  California Endangered Rivers List  and may add or delete streams or watercourses as circumstances require. The initial identification list required by this section shall be completed no later than January 1, 1984. director shall annually post the California Endangered Rivers List on the Department of Fish and Wildlife’s internet website. 

SEC. 13.

 Section 10004 of the Public Resources Code is amended to read:

10004.
 The Department of Fish and Game Wildlife  shall initiate studies to develop proposed streamflow requirements for those streams or watercourses in each fiscal year for which funds are appropriated from revenues from fees imposed pursuant to Section 10005  and shall complete studies on each stream or watercourse within three years. It is the intent of the Legislature that the department  The department shall  develop a program that will initiate studies on at least 10 three  streams or watercourses in each fiscal year.

SEC. 14.

 Section 10005 of the Public Resources Code is amended to read:

10005.
 (a) The Department of Fish and Game Wildlife  shall impose and collect a filing fee of eight hundred fifty dollars ($850) to defray the costs of identifying streams and providing studies pursuant to Division 10 (commencing with Section 10000) of the Public Resources Code. this division. 
(b) The filing fee shall be proportional to the cost incurred by the Department of Fish and Game Wildlife  and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the costs of the Department of Fish and Game Wildlife  as specified in subdivision (a).
(c) Any user of water, including a person or entity holding riparian or appropriative rights, shall pay the filing fee to the Department of Fish and Game Wildlife  upon application to the State Water Resources Control Board for any permit, transfer, extension, or change of point of diversion, place of use, or purpose of use, if there is a diversion of water from any waterway where fish reside. No permit, or other entitlement identified in this section section,  is effective until the filing fee is paid. The State Water Resources Control Board shall, every six months, forward all fees collected to the department and  Department of Fish and Wildlife and  provide the location for each entitlement for which a filing fee has been collected.
(d) The fee imposed by this section shall not be imposed on the following applications filed with the State Water Resources Control Board:
(1) Small domestic use registrations and livestock stockpond certificates submitted pursuant to Article 2.7 (commencing with Section 1228) of Chapter 1 of Part  2 of Division 2 of the Water Code.
(2) The first application for an extension of time for an individual permit if no change in point of diversion, place of use, or purpose of use is included in the application.
(3) Water applications which, that,  in the opinion of the Department of Fish and Game, Wildlife,  are filed for administrative and technical clarification purposes only.
(4) Water applications or petitions, the primary purpose of which is to benefit fish and wildlife resources. The determination of the benefit to fish and wildlife shall be made, in writing, by the Department of Fish and Game Wildlife  in order to be exempt from the fee.
(e) If an applicant or petitioner files multiple applications or petitions for the same appropriation, transfer, extension, or change, and the State Water Resources Control Board reviews and considers the applications or petitions together, only one filing fee is required for those applications or petitions.
(f) If the Department of Fish and Wildlife fails to initiate studies for at least three streams or watercourses in a fiscal year in accordance with Section 10004, the Department of Fish and Wildlife shall return any filing fees received pursuant to subdivision (c) for that fiscal year to the State Water Resources Control Board. The State Water Resources Control Board shall deposit any funds received pursuant to this subdivision in the Water Rights Fund and may use those funds, upon appropriation by the Legislature, for the purposes specified in Section 1257.5 of the Water Code.
SEC. 15.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.