SR-05-08-2012-3E9
City of
Santa Monier
City Council Report
City Council Meeting: May 8, 2012
Agenda Item: 3E
To: Mayor and City Council
From: Dean Kubani, Director, Office of Sustainability and the Environment
Subject: Consideration of Support for Senate Bill 1066 (Lieu) — Coastal Resources:
Climate Change
Recommended Action
Staff recommends that City Council support Senate Bill 1066 (Lieu) which would allow
the California Coastal Conservancy to engage in projects that address climate change
impacts to coastal resources and urban waterfronts.
Executive Summary
Senate Bill 1066 was introduced this legislative session by State Senator Ted Lieu to
specify that the California Coastal Conservancy (Conservancy) may fund and undertake
projects that address climate change and authorize the Conservancy to award grants to
public agencies and non - profit organizations for these purposes. The bill is designed to
correct ambiguities in current state law to make it clear that the Conservancy has the
authority to address climate change and its impacts as part of its broader mission.
Background
The California Coastal Conservancy is a non - regulatory state agency created by the
California Legislature in 1976 to serve as an intermediary between government, citizens
and the private sector to help preserve and enhance the California coast for current and
future generations. The Conservancy works with local governments, public agencies,
non - profit organizations, and private landowners to purchase, protect, restore, and
enhance coastal resources, including wetlands, streams watersheds and urban
waterfronts, and to provide shoreline access to the public. The agency has undertaken
more than 1,800 projects along the California coast since it was created. The majority
of funding for the Conservancy is drawn from Proposition 84 bond funds approved by
California voters. The Conservancy uses these funds to leverage additional money
from federal and local governments and private organizations. In 2011 the
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Conservancy supported 79 projects using $64 million of its own funds to leverage $121
million for completion of the projects.
Current law states that the Conservancy has responsibility for implementing a program
of agricultural protection, area restoration, and resource enhancement in the coastal
zone within the guidelines established in the California Coastal Act. The conservancy
has the authority to undertake plans and feasibility studies, award grants to public
agencies and non - profit organizations to conduct these studies, and undertake
educational projects and programs.
In November 2011 the Conservancy board updated its project selection criteria to
address climate change impacts. These criteria use a risk analysis approach to
evaluate the ability of proposed projects to adapt to projected sea level rise and extreme
weather events over time. Projects are also evaluated for their ability to reduce
greenhouse gas emissions during construction.
Discussion
Senate Bill (SB) 1066 was introduced February 13, 2012 by State Senator Ted Lieu to:
1. Clarify the authority of the Conservancy to undertake and fund projects related to
climate change such as extreme weather events, sea level rise, storm surge,
beach erosion, salt water intrusion, flooding and other coastal hazards that
threaten coastal communities, infrastructure and natural resources.
2. Require that the Conservancy prioritize projects that would maximize public
benefits such as reducing greenhouse gas emissions; reducing hazards to
harbors and ports and related jobs; preserving and enhancing coastal wetlands
and natural lands; conserving biodiversity; safeguarding jobs related to the
coastal fisheries; and providing recreational opportunities.
Existing state law does not expressly authorize the Conservancy to help address the
adverse effects of climate change on coastal resources. According to the Senator's
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office, SB 1066 is designed to correct this ambiguity in existing law to make it clear that
the Conservancy has the authority to address climate change and its impacts as part of
its broader mission. By clarifying this role for the Conservancy SB 1066 has the
potential to enhance funding for climate change projects by capturing federal and other
non -state funding sources that otherwise might not have been available.
Council has historically supported efforts to address climate change and its impacts.
On October 28, 2008 Council voted to join the Los Angeles Regional Collaborative on
Climate Change Action and Sustainability which is a group of local government
agencies, businesses, universities and non - profit organizations that work together to
address climate change and its impacts in the region. Support of SB 1066 is consistent
with past Council action and could potentially provide, benefits to Santa Monica in the
form of funding for projects addressing climate impacts to the local coastal area.
Financial Impacts& Budget Actions
There are no financial impacts or budget actions associated with Council's support of
this legislation.
Prepared by: Dean Kubani, Director, Office of Sustainability and the Environment
roved: Forwarded to Council:
Dean Kubani
Director, Office of Sustainability and the
Environment
Attachments:
1. Text of Senate Bill 1066
2. SB 1066 Fact Sheet
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Rod Gould
City Manager
BILL NUMBER: SB 1066 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Lieu
FEBRUARY 13, 2012
An act to add Section 31113 to the Public Resources Code, relating
to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1066, as amended, Lieu. Coastal resources: climate change.
Existing law establishes the State Coastal Conservancy, which
serves as a repository for coastal lands. Existing law authorizes the
conservancy to, among other things, undertake projects and award
grants for the purposes of restoration of areas of the coastal zone
that are adversely affecting the coastal environment or are
ins impeding orderly development.
This bill would require the conservancy to fund and undertake
projects to address climate change, giving priority to projects that
maximize public benefits.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State - mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) California's coastal waters, waterfronts, wetlands, harbors,
estuaries, bays, ports, marinas, riparian areas, beaches, and
agricultural resources are important environmental and economic
resources to the state.
(b) The coastal economy contributes $46 billion
annually to the State of California.
(c) Eighty percent of California's 38 million residents live
within 30 miles of the coast.
(d) Sea level rise, combined with storm - driven waves, poses a
direct risk to the state's coastal resources, including public and
private real property and infrastructure. Rising marine waters
threaten sensitive coastal areas, habitats, the survival of
threatened and endangered species, beaches and other recreation
areas, and urban waterfronts.
(e) Commercial fisheries and fishing harbors, ports, production of
seafood, and related jobs will suffer adverse impacts if steps are
not taken to protect them.
(f) The desirability of natural areas, riparian areas, beaches,
parks, and urban areas as tourist destinations, and their concomitant
economic benefit to the state, depends on protection of their scenic
and recreational qualities.
(g) The economic and environmental health of human and natural
coastal communities depends on their resilience - -their ability to
survive and rebound from adverse effects.
(h) Improving the health of coastal rivers, wetlands, beaches,
harbors, ports, urban waterfronts, fisheries, and agricultural
resources in advance of threats can contribute to their resiliency.
(i) Extensive cooperation between governmental and private
entities is needed to respond adequately to the effects of climate
change.
(j) For well over 30 years, the State Coastal Conservancy, a
nonregulatory agency established under Division 21 (commencing with
Section 31000) of the Public Resources Code, has worked with public
and private entities to protect, restore, and enhance coastal and
marine resources and habitats, has addressed deteriorating urban
waterfronts and poorly designed coastal development, and has provided
public recreation facilities and access to the coast and urban
waterfront areas.
(k) The conservancy can further contribute to the improvement and
management of the state's invaluable public and private coastal
resources, and, in so doing, lessen the degradation and destruction
from future effects of a changing climate on natural and built
resources and related jobs.
(1) Projects that protect coastal resources from climate change
impacts can provide additional valuable public benefits, including,
but not limited to, flood protection, improved water quality, and
increases in fish and wildlife for food and recreation.
(m) Existing law does not expressly authorize the State Coastal
Conservancy to address climate change or its impacts, despite the
anticipated adverse effects on the coast.
(n) It is the intent of the Legislature that , in
implementing Division 21 (commencing with Section 31000) of the
Public Resources Code , the conservancy *as
have adequate authority to work with local governments and
private entities to address the effects of climate change on
coastalresources, public and private, natural and built, including,
but not limited to, coastal beaches, ports, urban waterfronts,
infrastructure, the ocean, riparian areas and watersheds, fisheries,
forests, wetlands, and public and private real property.
(o) The conservancy's participation in addressing adverse effects
on coastal resources can help to maintain property values for
individuals and businesses, aid the tourist industry, and promote
business and jobs by facilitating the development and protection of
visitor - serving commercial facilities and amenities attractive to
skilled and educated workers.
(p) The conservancy's participation in addressing climate change
can help to produce construction and otherjobs for Californians,
both directly, through conservation and development activities, and
indirectly, through increased recreational, business, and tourist
use.
(q) The conservancy's participation can contribute to the
resiliency of the natural and built environments ,
including habitat, beaches, ports, and urban waterfronts, and can
facilitate assisted migration of plant and animal species that lack
adequate ability to adapt.
(r) To the extent that this act assists the conservancy in
obtaining federal and other funds, it may help reduce demand on the
General Fund for coastal improvement and resilience activities.
SEC. 2. Section 31113 is added to the Public Resources Code, to
read:
31113. In implementing this division, the conservancy shall fund
and undertake projects to address climate change, including
i t Ls+ E I b
projects that address extreme weather events, sea level rise,
storm surge, beach and bluff erosion, salt water intrusion, flooding,
and other coastal hazards that threaten coastal communities,
infrastructure, and natural resources , and may award grants to
public agencies and nonprofit organizations for these purposes. The
conservancy shall prioritize projects that maximize public benefits
, including, but not limited to, reducing emissions
of greenhouse gases, reducing hazards to harbors and ports, and
related jobs, preserving and enhancing coastal wetlands and natural
lands, conserving biodiversity, including fish, and related jobs, and
providing recreational opportunities.
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BILL SUMMARY
SB 1066 corrects an ambiguity in law to ensure that the
California Coastal Conservancy, as part of its mission to
use innovative entrepreneurial techniques to protect,
restore, and enhance coastal resources and urban
waterfi,onts, can engage in projects that address climate
change impacts in these areas. Specifically, this bill
would:
• Clarify that the Conservancy may fund and
undertake projects to address climate change and
may award grants to public agencies and
nonprofit organizations for these purposes;
• Require that the Conservancy prioritize projects
that maximize public benefits.
HISTORY
The Legislature created the California Coastal
Conservancy in 1976 as a unique non - regulatory entity
to serve as an intermediary among government, citizens,
and the private sector in recognition that creative
approaches are needed to preserve and enhance
California's coast for future generations.
The Coastal Conservancy uses innovative
entrepreneurial techniques to purchase, protect, restore,
and enhance coastal resources, urban waterfronts, and to
provide access to the shore. The Conservancy works in
partnership with local governments, other public
agencies, nonprofit organizations, and private
landowners to undertake more than 1,800 projects along
the 1,100 mile California coastline.
Projects create thriving urban waterfronts, help provide
for smart development, protect and enhance coastal
agriculture, improve beaches and other natural areas, and
promote healthy watersheds, wetlands, riparian areas,
wildlife habitat, and forests. Projects also create public
access to the coast and San Francisco Bay.
SB 1066 is needed to clarify that projects can address
climate change impacts to coastal resources and
maximize benefits to the public.
PURPOSE
California's coastal resources contribute over $40 billion
annually to state and local funds. Climate change affects
these resources and could ultimately cost the state tens
of billions of dollars if not addressed.
The consequences of climate change, such as extreme
weather events and sea level rise, disproportionately
impacts 80 percent of California's population that reside
and work within 30 miles of the coast, causing major
economic, ecological, physical, and social problems.
Infrastructure, marinas, beaches, estuaries, coastal
wetlands, and other unique coastal habitats and natural
areas that drive coastal tourism and support coastal
communities are at risk.
Though existing law created the California Coastal
Conservancy to protect and enhance coastal resources
and urban waterfronts through grants and other non-
regulatory means, it does not expressly authorize the
Conservancy to help address the adverse effects of
climate change on coastal resources.
SB 1066 corrects this ambiguity by providing the
Conservancy authority to address climate change and its
impacts as part of its broader mission. This bill will
enable the non - regulatory agency to more effectively
achieve its purpose, and capture federal and other non-
state funds that become available for projects that help
reduce the impacts of climate change to people and
natural resources along the coast.
Support:
The Nature Conservancy (Sponsor)
Bay Area Open Space Counsel
Oppose:
None received.
Contact:
Jeff Gozzo
Office of State Senator Ted Lieu
Jeff.gozzo a sen.ca.gov