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AB-14 Coastal resources: Protecting Blue Whales and Blue Skies Program.(2025-2026)

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Date Published: 12/02/2024 09:00 PM
AB14:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 14

Introduced by Assembly Members Hart, Bennett, and Connolly
(Coauthors: Assembly Members Addis, Boerner, Davies, and Pellerin)
(Coauthor: Senator Blakespear)

December 02, 2024

An act to add Chapter 3.3 (commencing with Section 35640) to Division 26.5 of the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 14, as introduced, Hart. Coastal resources: Protecting Blue Whales and Blue Skies Program.
Existing law establishes the Ocean Protection Council in state government to, among other things, establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies. Existing law requires the council to develop and implement a voluntary sustainable seafood promotion program for the state, to consist of specified components, including a competitive grant and loan program for eligible entities, including, but not limited to, fishery groups and associations, for the purpose of assisting California fisheries in qualifying for certification to internationally accepted standards for sustainable seafood.
This bill would, subject to the availability of funding, require the council to participate as a stakeholder, and in an advisory capacity, to the Protecting Blue Whales and Blue Skies Program with air pollution control districts and air quality management districts along the coast and other stakeholders to support, in an advisory capacity, coastal air districts in their efforts to implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would authorize the expansion of the existing Protecting Blue Whales and Blue Skies Program to include specified components, including incentives to program participants based on a percentage of distance traveled by a participating vessel at a reduced speed, as provided. The bill would limit application of the program to vessels that are 300 gross tons or greater. The bill would require the participating air pollution control districts and air quality management districts, on or before December 31, 2029, to submit a report to the Legislature regarding the implementation of the program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 3.3 (commencing with Section 35640) is added to Division 26.5 of the Public Resources Code, to read:
CHAPTER  3.3. Protecting Blue Whales and Blue Skies Program

35640.
 The Legislature finds and declares all of the following:
(a) California’s seaports are North America’s primary intermodal gateway to Asia and Transpacific trade. Maritime industry activities at California’s public seaports are responsible for employing more than 500,000 people in the state. Nationwide, more than 2,000,000 jobs are linked to maritime industry business conducted at California’s public seaports, contributing to California having the largest state economy in the United States.
(b) Every year, the oceangoing vessels make thousands of transits along the California coast, with an estimated 185 tons per day of nitrogen oxides, an ozone precursor, being emitted along the coast. These emissions negatively affect the public health of coastal communities and contribute to causing some areas of the coast to be in nonattainment with the national ambient air quality standards for ozone and particulate matter.
(c) Since 2014, the Santa Barbara County Air Pollution Control District, the Ventura County Air Pollution Control District, the Bay Area Air Quality Management District, the Monterey Bay Air Resources District, and the San Luis Obispo County Air Pollution Control District, with the federal Office of National Marine Sanctuaries, marine sanctuary foundations, and environmental groups, have administered and promoted the Protecting Blue Whales and Blue Skies Program, a voluntary vessel speed reduction program off the Santa Barbara, Ventura, and Bay Area coasts to encourage transit speeds of 10 knots or less to reduce air pollution, the risk of harmful whale strikes, and the level of ocean noise.
(d) Since its inception through 2024, the Protecting Blue Whales and Blue Skies Program has provided small incentives and publicity to program participants and has achieved over 1,167,000 slow speed miles, a reduction of more than 4,500 tons of nitrogen oxides, a reduction of over 153,000 metric tons of regional greenhouse gas emissions, and an estimated 58 percent decreased risk of whale strikes during prime migration season in the affected coastal areas.
(e) This highly cost-effective voluntary pollution reduction program benefits public health, protects the marine ecosystem, and showcases the beneficial partnership between shipping companies, public health agencies, marine sanctuaries, and environmental organizations.
(f) Expansion of the vessel speed reduction program to other areas of the California coast, including the San Diego coast and the North Coast, would yield additional public health and ecosystem benefits.

35641.
 (a) The Legislature finds and declares that expansion of the Protecting Blue Whales and Blue Skies Program by local air pollution control districts and air quality management districts and stakeholders is a critical strategy in advancing protection of marine mammals through partnerships that also support the maritime industry and local public health.
(b) Subject to the availability of funding, the council shall participate as a stakeholder, and in an advisory capacity, to the Protecting Blue Whales and Blue Skies Program with air pollution control districts and air quality management districts along the coast and other stakeholders, including the federal Office of National Marine Sanctuaries, the United States Environmental Protection Agency, the United States Navy, the United States Coast Guard, and the maritime industry, to support, in an advisory capacity, coastal air districts in their efforts to implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts.
(c) Expansion of the existing Protecting Blue Whales and Blue Skies Program by local air pollution control districts and air quality management districts shall be a single unified program, and may include all of the following components developed in a manner that is consistent with how the program components were developed for the Protecting Blue Whales and Blue Skies Program:
(1) A marketing program to engage cargo owners and other commercial interests to promote voluntary vessel speed reduction and sustainable shipping, and an acknowledgment of the program’s participants.
(2) Data collection on ship speeds along the California coast in order to analyze the program for future refinement, expansion, or both.
(3) Data collection on underwater acoustic impacts or fatal vessel strikes on whales, to the extent data is available.
(4) Data collection on the regional air quality impacts on the coast and impacts to air quality in coastal disadvantaged communities from oceangoing vessel traffic, as collected and provided by the regional air pollution control districts and air quality management districts.
(5) Incentives to program participants based on a percentage of distance traveled by a participating vessel at a reduced speed, including speed zones at 10 knots or less, to the extent that local or federal funding is available.
(6) Development of vessel speed reduction zones along the coast that take into account navigational safety, protected marine mammal migration and breeding seasons, federal marine sanctuaries and state marine protected areas, shipping lanes, and any other relevant variables.
(7) Seasonality of the program.
(8) Description of covered vessels.
(d) The program shall exclude any ocean territories that are covered by any vessel speed reduction program other than the Protecting Blue Whales and Blue Skies Program or a memorandum of understanding entered into before January 1, 2026.
(e) The program shall only apply to vessels that are 300 gross tons or greater.
(f) (1) On or before December 31, 2029, the participating air pollution control districts and air quality management districts shall submit a report to the Legislature regarding the implementation of the program.
(2) The report required in paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by paragraph (1) is inoperative on December 31, 2033.
(g) The program and each component of the program are based upon voluntary actions initiated by entities pursuant to this section and are not regulations as defined in Section 11342.600 of the Government Code, and shall not be implemented in a way that conflicts with federal law and regulations.