GOVERNOR'S VETO

GV Bill Id:AB 1511

Author:(Bloom)

As Enrolled Ver:September 12, 2019

2/3 vote

SUMMARY:

Replaces the State Water Resources Control Board (SWRCB) with the State Coastal Conservancy (SCC) as the state agency that provides administrative services for the Santa Monica Bay Restoration Commission (Commission). Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Santa Monica Bay (Bay) and its watershed.

Major Provisions

1. Replaces the SWRCB with the SCC as the state agency that provides administrative services for the Commission.
2. Requires the memorandum of understanding (MOU) to ensure coordination of state programs affecting the Bay to include the SCC.
3. Deletes the requirement that the Commission prioritize specified bay restorations objectives in its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects.
4. Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Bay and its watershed. Requires specified restoration and enhancement goals for the Bay and its watershed.

Governor's Veto Message:

This bill transfers responsibility for the administrative services for the Commission from the SWRCB to the SCC.

I appreciate the efficiencies gained by linking the Commission to the SCC. However, the SWRCB is better equipped with both staff and resources to provide administrative services to the Commission. Additionally, this bill would require the Commission to expand their authority to include water supply and broaden the water quality authority. It is not clear that the Commission has the appropriate expertise to fulfill this direction.

COMMENTS:

The Commission is a non-regulatory, locally-based state agency charged with coordinating activities of federal, state, local, and other entities to restore and enhance the Santa Monica Bay. The Commission is the state entity partner of the Santa Monica Bay National Estuary Program, which is one of 28 national estuary programs established by the United States Environmental Protection Agency. According to the Commission, its duties include identifying and leveraging funding to put solutions into action, encouraging public-private partnerships, promoting cutting-edge research and technology, facilitating stakeholder-driven consensus processes, and raising public awareness. The Commission is composed of the Watershed Advisory Council, the Governing Board, the Executive Committee and the Technical Advisory Committee. Together, this Board and committees serve as the Management Conference of the Santa Monica Bay National Estuary Program.

This bill moves the administration of the Commission to SCC and establishes the purposes of the Commission to be consistent with the major action plan goals outlined in Commission's 2018 "Santa Monica Bay National Estuary Program's Action Plan for the Comprehensive Conservation and Management Plan."

According to the Author:

The Santa Monica Bay Restoration Commission, following extensive research and coordination, adopted and updated the Santa Monica Bay Restoration Plan in October 2018 now identified as the Comprehensive Conservation and Management Plan. This plan identifies the goals and objectives for restoring and enhancing the Bay and its watershed. As the Santa Monica Bay Restoration Commission moves forward with a focus on implementation of the Comprehensive Conservation and Management Plan, the State Coastal Conservancy, which has supported implementation of the Bay Restoration

Plan through grants and other actions, is the appropriate state agency to administer the affairs of the Santa Monica Bay Restoration Commission.

Arguments in Support:

The Friends of the Ballona Wetlands, in support of the bill, states the bill makes timely changes to the initial legislation by assigning the State Coastal Conservancy to provide administrative services to the SMBRC instead of the State Water Resources Control Board. This change is responsive to the many achievements made by the SMBRC, the State Water Resources Control Board and the Los Angeles Regional Water Quality Control Board in improving water quality in Santa Monica Bay and its tributaries. With these water quality improvements taking hold the SMBRC is increasingly and appropriately advancing projects and programs involving coastal access, ecological restoration, and climate change adaptation planning, all of which more closely align with the strategic plan of the State Coastal Conservancy. Hence, the State Coastal Conservancy is the right agency and better positioned to support the SMBRC going forward.

Arguments in Opposition:

According to the Ballona Wetlands Trust, introduction of new legislation altering SMBRC's enabling statute is an opportunity for the legislature to strategically and comprehensively evaluate the structure and operations of this state agency, which also functions as the management conference for the federally and state funded National Estuary Program for Santa Monica Bay, and to finally address the serious issues that have hindered the SMBRC's important work. Instead, the stealth rollout of AB 1511 seems intended to conduct an end run around such public process.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

This bill will result in either no additional state costs for staff or cost savings depending on how the state decides to staff the Commission.

Under the first alternative, the SCC would require $185,000 to hire one staff person.

Under the second alterative, the SCC would require $451,000 per year to cover cost of two positions transferred from the State Water Board.

With either alternative, as part of the transfer of authorities, SCC anticipates costs associated with quarterly meeting support, including travel, responding to Public Records Act requests and about 1/4 of an attorney's time to work with the Attorney General on litigation, for a total of $150,000 annually.

VOTES:

ASM NATURAL RESOURCES: 11-0-0

YES: Friedman, Flora, Chau, Eggman, Cristina Garcia, Limón, Mathis, McCarty, Melendez, Muratsuchi, Mark Stone

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 78-0-2

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Cooley, Eduardo Garcia

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: September 12, 2019

CONSULTANT: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0002496

 THIRD READING  

Bill No: AB 1511

Author: Bloom (D)

Amended: 3/26/19 in Assembly

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 7/9/19

AYES: Stern, Jones, Allen, Caballero, Hertzberg, Hueso, Jackson, Monning

NO VOTE RECORDED: Borgeas

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 78-0, 5/29/19 - See last page for vote

SUBJECT: Coastal resources: Santa Monica Bay Restoration Commission

SOURCE: Author

DIGEST:

This bill replaces the State Water Resources Control Board (SWRCB) with the State Coastal Conservancy (SCC) as the agency required to provide administrative services to the Santa Monica Bay Restoration Commission (Commission).

ANALYSIS:

Existing law:

1. Establishes the Commission to be a non-regulatory, locally based state entity that monitors, assesses, coordinates, and advices all state programs, and oversees funding that affects the beneficial uses, restoration, and enhancement of the Bay and its watersheds.
2. Requires the SWRCB to provide administrative services for the Commission.
3. Requires the California Environmental Protection Agency, the Natural Resources Agency, and the Chair of the Bay Watershed Council of the Commission to enter into a memorandum of understanding (MOU) to ensure the coordination of state programs affecting the Bay.
4. Authorizes the Commission to do all of the following:
   1. Require and receive federal, state, local, and private funds from any sources, and expend those money for the restoration and enhancement of the Bay;
   2. Award and administer grants for the restoration and enhancement of the Bay and its watershed;
   3. Enter into contract and joint powers authority agreements as necessary, to carry out the purposes of the Commission; and
   4. Monitor, assess, and coordinate activities among federal, state, local agencies, and where appropriate private firms, to restore and enhance the Bay and its watersheds.
5. Requires the Commission to prioritize its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects designed to achieve specified bay restorations objectives.

This bill:

1. Replaces the SWRCB with the SCC as the state agency that provides administrative services for the Commission.
2. Adds the SCC to the MOU to ensure coordination of state programs affecting the Bay.
3. Deletes the requirement that the Commission prioritize specified bay restoration objectives in its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects.
4. Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Bay and its watershed. Requires the restoration and enhancement goals for the Bay and its watershed to include, but not be limited to, all of the following:
   1. The protection, enhancement, and improvement of ecosystems of the Santa Monica Bay and its watershed;
   2. The improvement of water supply;
   3. The improvement of water quality;
   4. The enhancement of socio-economic benefits to the public;
   5. The enhancement of public engagement and education;
   6. The mitigation of negative impacts and increase resiliency relating to climate change; and,
   7. The improvement of monitoring and assessment of action to restore and enhance the Bay and its watershed.

Comments

1. Regarding the comment of the City of Santa Monica and its “seat” on the Commission in the supporting arguments (below), that “seat” is actually determined by the West Side Cities Council of Governments (COG). The MOU, since 2003, empowered the local COGs to select their own representative. This is not a decision of the Commission’s board. In the past, the representative has come from Santa Monica, Culver City, and West Hollywood. Changing this structure runs the risk of diminishing local input and control.
2. It may be that the Sierra Club’s opposition argument below is conflating drinking water supply with the proposed new term “water supply.” The Commission is already engaged in activities that increase water supply, such as the removal of stream barriers, urban stream restoration, runoff capture projects, etc. The Commission also collaborates with water supply agencies, two of whom sit on its 27 member board. Interestingly, the board, which operates by consensus, has always had their Bay Restoration Plan and Annual Work Plans approved unanimously. The addition of water supply into a list other “including but not limited to” goals seems non-objectionable. Also, the SWRCB is not the oversight agency of the Commission as the Sierra Club suggested. Oversight comes from the US EPA which recognizes the Commission’s role in the Santa Monica Bay National Estuary Program, which is part of the 28-entity National Estuary Program established under federal law.
3. Another opposition group, the Ballona Wetlands Land Trust, has been circulating a wide array of documents to bolster its arguments against this bill. This group has been in an antagonistic and litigious relationship with the Commission for many years and may be using this bill as a vehicle to air its complaints and to suggest amendments. It argues that it was not aware that this bill would be proposed, that this bill does not lay a foundation for the proposed change in the entity that would provide administrative services to the Commission, and that this bill should be opportunity to “evaluate the structure and operations of this state agency.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, costs of between $185,000 and $451,000 annually (General Fund) for SCC to hire additional positions. It is possible that these positions would be transferred from the SWRCB. SCC anticipates costs associated with quarterly meeting support, including travel, responding to Public Records Act requests and about 1/4 of an attorney’s time to work with the Attorney General on litigation, for a total of $150,000 annually

SUPPORT: (Verified 8/28/19)

Board of Supervisors, County of Los Angeles

City of Santa Monica

Los Angeles Waterkeeper

Morro Bay National Estuary Program

OPPOSITION: (Verified 8/28/19)

Ballona Ecosystem Education Project

Ballona Institute

Ballona Wetlands Land Trust

Sierra Club California

ARGUMENTS IN SUPPORT: According to the author, the “Santa Monica Bay Restoration Commission, following extensive research and coordination, adopted and updated the Santa Monica Bay Restoration Plan in October 2018 now identified as the Comprehensive Conservation and Management Plan. This plan identifies the goals and objectives for restoring and enhancing the Bay and its watershed. As the Santa Monica Bay Restoration Commission moves forward with a focus on implementation of the Comprehensive Conservation and Management Plan, the State Coastal Conservancy, which has supported implementation of the Bay Restoration Plan through grants and other actions, is the appropriate state agency to administer the affairs of the Santa Monica Bay Restoration Commission.”

The City of Santa Monica is in support of the bill but requests that the bill not include any changes in the membership of the Commission that would lead to loss of representation by the city.

ARGUMENTS IN OPPOSITION: Sierra Club California wants to retain the SWRCB as the administrative agent for the Commission and is opposed to the provision that the Commission’s duties expand to include water supply.

The Ballona Wetlands Land Trust has concerns about the proposed change in administrative agencies based on its views that the Commission has failed to fulfill many historic responsibilities.

ASSEMBLY FLOOR: 78-0, 5/29/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cooley, Eduardo Garcia

Prepared by: William Craven / N.R. & W. / (916) 651-4116

9/1/19 10:04:15

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1511 (Bloom) - Coastal resources: Santa Monica Bay Restoration Commission

Bill Summary:

This bill would replace the State Water Resources Control Board (SWRCB) with the State Coastal Conservancy (SCC) as the agency required to provide administrative services to the Santa Monica Bay Restoration Commission (Commission).

Fiscal Impact:

• Costs of between $185,000 and $451,000 annually (General Fund) for SCC to hire additional positions. It is possible that these positions would be transferred from the SWRCB.
• SCC anticipates costs associated with quarterly meeting support, including travel, responding to Public Records Act requests and about ¼ of an attorney’s time to work with the Attorney General on litigation, for a total of $150,000 annually.

Background:

Existing law:

1. Establishes the Santa Monica Bay Restoration Commission (Commission) to be a non-regulatory, locally based state entity that monitors, assesses, coordinates, and advices all state programs, and oversees funding that affects the beneficial uses, restoration, and enhancement of the Bay and its watersheds.
2. Requires the State Water Resources Control Board (SWRCB) to provide administrative services for the Commission.
3. Requires the California Environmental Protection Agency, the Natural Resources Agency (NRA), and the Chair of the Bay Watershed Council of the Commission to enter into a memorandum of understanding (MOU) to ensure the coordination of state programs affecting the Bay.
4. Authorizes the Commission to do all of the following:
   1. Require and receive federal, state, local, and private funds from any sources, and expend those money for the restoration and enhancement of the Bay;
   2. Award and administer grants for the restoration and enhancement of the Bay and its watershed;
   3. Enter into contract and joint powers authority agreements as necessary, to carry out the purposes of the Commission;
   4. Monitor, assess, and coordinate activities among federal, state, local agencies, and where appropriate private firms, to restore and enhance the Bay and its watersheds.
5. Requires the Commission to prioritize its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects designed to achieve specified bay restorations objectives.

Proposed Law:

This bill:

1. Replaces the SWRCB with the SCC as the state agency that provides administrative services for the Commission.
2. Adds the SCC to the MOU to ensure coordination of state programs affecting the Bay.
3. Deletes the requirement that the Commission prioritize specified bay restoration objectives in its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects.
4. Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Bay and its watershed. Requires the restoration and enhancement goals for the Bay and its watershed to include, but not be limited to, all of the following:
   1. The protection, enhancement, and improvement of ecosystems of the Santa Monica Bay and its watershed;
   2. The improvement of water supply;
   3. The improvement of water quality;
   4. The enhancement of socio-economic benefits to the public;
   5. The enhancement of public engagement and education;
   6. The mitigation of negative impacts and increase resiliency relating to climate change; and,
   7. The improvement of monitoring and assessment of action to restore and enhance the Bay and its watershed.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Henry Stern, Chair

2019 - 2020 Regular

Bill No: AB Hearing Date: July 9, 2019

Subject: Coastal resources: Santa Monica Bay Restoration Commission

BACKGROUND AND EXISTING LAW

1. Establishes the Santa Monica Bay Restoration Commission (Commission) to be a non-regulatory, locally based state entity that monitors, assesses, coordinates, and advices all state programs, and oversees funding that affects the beneficial uses, restoration, and enhancement of the Bay and its watersheds.
2. Requires the State Water Resources Control Board (SWRCB) to provide administrative services for the Commission.
3. Requires the California Environmental Protection Agency, the Natural Resources Agency (NRA), and the Chair of the Bay Watershed Council of the Commission to enter into a memorandum of understanding (MOU) to ensure the coordination of state programs affecting the Bay.
4. Authorizes the Commission to do all of the following:
   1. Require and receive federal, state, local, and private funds from any sources, and expend those money for the restoration and enhancement of the Bay;
   2. Award and administer grants for the restoration and enhancement of the Bay and its watershed;
   3. Enter into contract and joint powers authority agreements as necessary, to carry out the purposes of the Commission;
   4. Monitor, assess, and coordinate activities among federal, state, local agencies, and where appropriate private firms, to restore and enhance the Bay and its watersheds.
5. Requires the Commission to prioritize its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects designed to achieve specified bay restorations objectives.

PROPOSED LAW

This bill:

1. Replaces the SWRCB with the SCC as the state agency that provides administrative services for the Commission.
2. Adds the SCC to the MOU to ensure coordination of state programs affecting the Bay.
3. Deletes the requirement that the Commission prioritize specified bay restoration objectives in its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects.
4. Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Bay and its watershed. Requires the restoration and enhancement goals for the Bay and its watershed to include, but not be limited to, all of the following:
   1. The protection, enhancement, and improvement of ecosystems of the Santa Monica Bay and its watershed;
   2. The improvement of water supply;
   3. The improvement of water quality;
   4. The enhancement of socio-economic benefits to the public;
   5. The enhancement of public engagement and education;
   6. The mitigation of negative impacts and increase resiliency relating to climate change; and,
   7. The improvement of monitoring and assessment of action to restore and enhance the Bay and its watershed.

ARGUMENTS IN SUPPORT

According to the author, the “Santa Monica Bay Restoration Commission, following extensive research and coordination, adopted and updated the Santa Monica Bay Restoration Plan in October 2018 now identified as the Comprehensive Conservation and Management Plan. This plan identifies the goals and objectives for restoring and enhancing the Bay and its watershed. As the Santa Monica Bay Restoration Commission moves forward with a focus on implementation of the Comprehensive Conservation and Management Plan, the State Coastal Conservancy, which has supported implementation of the Bay Restoration Plan through grants and other actions, is the appropriate state agency to administer the affairs of the Santa Monica Bay Restoration Commission.”

The City of Santa Monica is in support of the bill but requests that the bill not include any changes in the membership of the Commission that would lead to loss of representation by the city.

ARGUMENTS IN OPPOSITION

Sierra Club California wants to retain the SWRCB as the administrative agent for the Commission and is opposed to the direction that the Commission’s duties expand to include water supply.

COMMENTS

1. This is a simple bill to shift the administrative functions for the Commission from the SWRCB to the SCC.
2. The City of Santa Monica’s “seat” on the Commission is actually determined by the West Side Cities Council of Governments (COG). The MOU, since 2003, empowered the local COGs to select their own representative. This is not a decision of the Commission’s board. In the past, the representative has come from Santa Monica, Culver City, and West Hollywood. Changing this structure runs the risk of diminishing local input and control.
3. It may be that the Sierra Club is conflating drinking water supply with the proposed new term “water supply.” The Commission is already engaged in activities that increase water supply, such as the removal of stream barriers, urban stream restoration, runoff capture projects, etc. The Commission also collaborates with water supply agencies, two of whom sit on its 27 member board. Interestingly, the board, which operates by consensus, has always had their Bay Restoration Plan and Annual Work Plans approved unanimously. The addition of water supply into a list other “including but not limited to” goals seems non-objectionable. Also, the SWRCB is not the oversight agency of the Commission as the Sierra Club suggested. Oversight comes from the US EPA which recognizes the Commission’s role in the Santa Monica Bay National Estuary Program, which is part of the 28-entity National Estuary Program established under federal law.
4. Another opposition group, the Ballona Wetlands Land Trust, has been circulating a wide array of documents to bolster its arguments against the bill. This group has been in an antagonistic and litigious relationship with the Commission for many years and may be using this bill as a vehicle to air its complaints and to suggest amendments. It argues that it was not aware that the bill would be proposed, that the bill does not lay a foundation for the proposed change in the entity that would provide administrative services to the Commission, and that the bill should be opportunity to “evaluate the structure and operations of this state agency.”
5. Although not in its letter, this group’s wide-ranging complaints include:
   1. The Commission and The Bay Foundation have downsized the Commission, squandered its funds, and misused an account, among others. While it is true that the Commission once had more staff, the ranks were thinned by attrition, by the recession (when no more personnel was hired at a lot of agencies), and some new staff was hired through the auspices of the foundation. The US EPA authorized its funding to be placed into an account of the Foundation, subject to annual audit and federal reporting requirements. This also reduced the overhead charged against these funds. The Foundation is a non-profit organization without any control or authority to make personnel decisions for a state entity. However, there was some public confusion that the Foundation and the Commission were “combined,” and counsel for the SWRCB years ago directed that the two entities show some separation, which has now been accomplished. Today, when the term “Santa Monica Bay National Estuary Program” is used, it refers to the combined efforts of the Commission and the Foundation to implement the Bay Restoration Plan which has been approved by the US EPA and continues to be funded by that entity.
   2. Did the Commission mishandle bond funds? Staff has not been able to document this. Previous resource bonds allocated funding for the Santa Monica Bay to the SCC or the SWRCB with the Commission having an advisory role. This group is also to reference an account that has been closed for many years.
   3. Requested amendments from this group would establish state control over the governance structure of the Commission by requiring appointment of an executive director. Currently, the commission has a chief administrative director. The governance structures of these NEP programs is inherently local with oversight by the US EPA, and state interference in the governance seems unnecessary. Similarly, there is no reason for the Legislature to alter the close working relationship between the foundation and the commission by choosing an entity to serve as the Management Conference for the program or the Host Entity. (Apologies for the National Estuary Program jargon which is probably not familiar to many on the Committee).

SUPPORT

Ecokai Environmental, Inc.

Friends of Ballona Wetlands

Los Angeles Waterkeeper

Loyola Marymount University

Morro Bay National Estuary Program

Sheila Kuehl, Supervisor, Third District

OPPOSITION

Ballona Wetlands Land Trust

Sierra Club California

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1511

Author:(Bloom)

As Amended Ver:March 26, 2019

Majority vote

SUMMARY:

Replaces the State Water Resources Control Board (SWRCB) with the State Coastal Conservancy (SCC) as the state agency that provides administrative services for the Santa Monica Bay Restoration Commission (Commission). Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Santa Monica Bay (Bay) and its watershed.

Major Provisions

1. Replaces the SWRCB with the SCC as the state agency that provides administrative services for the Commission.
2. Requires the memorandum of understanding (MOU) to ensure coordination of state programs affecting the Bay to include the SCC.
3. Deletes the requirement that the Commission prioritize specified bay restorations objectives in its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects.
4. Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Bay and its watershed. Requires specified restoration and enhancement goals for the Bay and its watershed.

COMMENTS:

The Commission is a non-regulatory, locally-based state agency charged with coordinating activities of federal, state, local, and other entities to restore and enhance the Santa Monica Bay. The Commission is the state entity partner of the Santa Monica Bay National Estuary Program, which is one of 28 national estuary programs established by the United States Environmental Protection Agency. According to the Commission, its duties include identifying and leveraging funding to put solutions into action, encouraging public-private partnerships, promoting cutting-edge research and technology, facilitating stakeholder-driven consensus processes, and raising public awareness. The Commission is composed of the Watershed Advisory Council, the Governing Board, the Executive Committee and the Technical Advisory Committee. Together, this Board and committees serve as the Management Conference of the Santa Monica Bay National Estuary Program.

This bill moves the administration of the Commission to SCC and establishes the purposes of the Commission to be consistent with the major action plan goals outlined in Commission's 2018 "Santa Monica Bay National Estuary Program's Action Plan for the Comprehensive Conservation and Management Plan."

According to the Author:

The Santa Monica Bay Restoration Commission, following extensive research and coordination, adopted and updated the Santa Monica Bay Restoration Plan in October 2018 now identified as the Comprehensive Conservation and Management Plan. This plan identifies the goals and objectives for restoring and enhancing the Bay and its watershed. As the Santa Monica Bay Restoration Commission moves forward with a focus on implementation of the Comprehensive Conservation and Management Plan, the State Coastal Conservancy, which has supported implementation of the Bay Restoration

Plan through grants and other actions, is the appropriate state agency to administer the affairs of the Santa Monica Bay Restoration Commission.

Arguments in Support:

The Friends of the Ballona Wetlands, in support of the bill, states the bill makes timely changes to the initial legislation by assigning the State Coastal Conservancy to provide administrative services to the SMBRC instead of the State Water Resources Control Board. This change is responsive to the many achievements made by the SMBRC, the State Water Resources Control Board and the Los Angeles Regional Water Quality Control Board in improving water quality in Santa Monica Bay and its tributaries. With these water quality improvements taking hold the SMBRC is increasingly and appropriately advancing projects and programs involving coastal access, ecological restoration, and climate change adaptation planning, all of which more closely align with the strategic plan of the State Coastal Conservancy. Hence, the State Coastal Conservancy is the right agency and better positioned to support the SMBRC going forward.

Arguments in Opposition:

According to the Ballona Wetlands Trust, introduction of new legislation altering SMBRC's enabling statute is an opportunity for the legislature to strategically and comprehensively evaluate the structure and operations of this state agency, which also functions as the management conference for the federally and state funded National Estuary Program for Santa Monica Bay, and to finally address the serious issues that have hindered the SMBRC's important work. Instead, the stealth rollout of AB 1511 seems intended to conduct an end run around such public process.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

This bill will result in either no additional state costs for staff or cost savings depending on how the state decides to staff the Commission.

Under the first alternative, the SCC would require $185,000 to hire one staff person.

Under the second alterative, the SCC would require $451,000 per year to cover cost of two positions transferred from the State Water Board.

With either alternative, as part of the transfer of authorities, SCC anticipates costs associated with quarterly meeting support, including travel, responding to Public Records Act requests and about ¼ of an attorney's time to work with the Attorney General on litigation, for a total of $150,000 annually.

VOTES:

ASM NATURAL RESOURCES: 11-0-0

YES: Friedman, Flora, Chau, Eggman, Cristina Garcia, Limón, Mathis, McCarty, Melendez, Muratsuchi, Mark Stone

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: March 26, 2019

CONSULTANT: Michael Jarred / NAT. RES. / (916) 319-2097 FN: 0000556

Date of Hearing: May 8, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1511

Author:(Bloom) – As Amended Ver:March 26, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill replaces the State Water Resources Control Board (State Water Board) with the State Coastal Conservancy (SCC) as the agency required to provide administrative services to the Santa Monica Bay Restoration Commission (Commission).

Additionally, this bill revises the Commission’s purposes and goals to reflect its 2018 “Santa Monica Bay National Estuary Program’s Action Plan for the Comprehensive Conservation and Management Plan.”

Lastly, this bill adds the SCC to an existing requirement to establish an MOU with the California Environmental Protection Agency, the Natural Resources Agency (NRA) and the Chair of the Bay Watershed Council to ensure the coordination of state programs affecting the Bay.

FISCAL EFFECT:

This bill will result in either no additional state costs for staff or cost savings depending on how the state decides to staff the Commission.

Under the first alternative, the SCC would require $185,000 to hire one staff person.

Under the second alterative, the SCC would require $451,000 per year to cover cost of two positions transferred from the State Water Board.

With either alternative, as part of the transfer of authorities, SCC anticipates costs associated with quarterly meeting support, including travel, responding to Public Records Act requests and about ¼ of an attorney’s time to work with the Attorney General on litigation, for a total of $150,000 annually.

COMMENTS:

Rationale. The Commission is a non-regulatory, locally based state agency charged with coordinating activities of federal, state, local and other entities to restore and enhance the Santa Monica Bay. The Commission is the state entity partner of the Santa Monica Bay National Estuary Program, which is one of 28 national estuary programs established by the U.S. EPA.

The Commission is composed of the Watershed Advisory Council, the Governing Board, the Executive Committee and the Technical Advisory Committee. Together, the board and committees serve as the Management Conference of the Santa Monica Bay National Estuary Program.

When the Commission was first established in statute, its mission focused on water quality. Now the Commission is more focused on restoration projects and public access. Thus, moving the administrative duties from the Water Board to the SCC better aligns with the current activities and goals of the Commission.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 22, 2019

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Laura Friedman, Chair

ABPCA Bill Id:AB 1511 (

Author:Bloom) – As Amended Ver:March 26, 2019

SUBJECT: Coastal resources: Santa Monica Bay Restoration Commission

SUMMARY: Replaces the State Water Resources Control Board (SWRCB) with the State Coastal Conservancy (SCC) as the state agency that provides administrative services for the Santa Monica Bay Restoration Commission (Commission). Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Santa Monica Bay (Bay) and its watershed.

EXISTING LAW:

1. Establishes the Commission to be a non-regulatory, locally based state entity that monitors, assesses, coordinates, and advices all state programs, and oversees funding that affects the beneficial uses, restoration, and enhancement of the Bay and its watersheds.
2. Requires the SWRCB to provide administrative services for the Commission.
3. Requires the California Environmental Protection Agency, the Natural Resources Agency (NRA), and the Chair of the Bay Watershed Council of the Commission to enter into a memorandum of understanding (MOU) to ensure the coordination of state programs affecting the Bay,
4. Authorizes the Commission to do all of the following:
   1. Require and receive federal, state, local, and private funds from any sources, and expend those money for the restoration and enhancement of the Bay;
   2. Award and administer grants for the restoration and enhancement of the Bay and its watershed;
   3. Enter into contract and joint powers authority agreements as necessary, to carry out the purposes of the Commission;
   4. Monitor, assess, and coordinate activities among federal, state, local agencies, and where appropriate private firms, to restore and enhance the Bay and its watersheds.
5. Requires the Commission to prioritize its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects designed to achieve specified bay restorations objectives.

THIS BILL:

1. Replaces the SWRCB with the SCC as the state agency that provides administrative services for the Commission.
2. Requires the MOU to ensure coordination of state programs affecting the Bay to include the SCC.
3. Deletes the requirement that the Commission prioritize specified bay restorations objectives in its educational, monitoring, and bond proceeds expenditure decisions, proposals, or projects.
4. Establishes the purposes of the Commission to promote, support, and achieve the restoration and enhancement of the Bay and its watershed. Requires the restoration and enhancement goals for the Bay and its watershed to include, but not be limited to, all of the following:
   1. The protection, enhancement, and improvement of ecosystems of the Santa Monica Bay and its watershed;
   2. The improvement of water supply;
   3. The improvement of water quality;
   4. The enhancement of socio-economic benefits to the public;
   5. The enhancement of public engagement and education;
   6. The mitigation of negative impacts and increase resiliency relating to climate change; and,
   7. The improvement of monitoring and assessment of action to restore and enhance the Bay and its watershed.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

The Santa Monica Bay Restoration Commission, following extensive research and coordination, adopted and updated the Santa Monica Bay Restoration Plan in October 2018 now identified as the Comprehensive Conservation and Management Plan. This plan identifies the goals and objectives for restoring and enhancing the Bay and its watershed. As the Santa Monica Bay Restoration Commission moves forward with a focus on implementation of the Comprehensive Conservation and Management Plan, the State Coastal Conservancy, which has supported implementation of the Bay Restoration

Plan through grants and other actions, is the appropriate state agency to administer the affairs of the Santa Monica Bay Restoration Commission.

1. Santa Monica Bay. The Bay is part of the larger geographic region commonly known as the Southern California Bight. It is bordered offshore by the Santa Monica Basin, on each end by the rocky headlands of Point Dume and the Palos Verdes Peninsula, and onshore by the Los Angeles Coastal Plain and the Santa Monica Mountains.

The 414 square mile area of land that drains naturally to the Bay is bordered on the north by the Santa Monica Mountains from Ventura-Los Angeles County line to Griffith Park, extending south and west across the Los Angeles Coastal Plain to include the area east of Ballona Creek and north of Baldwin Hills. South of Ballona Creek, a narrow coastal strip between Playa del Rey and the Palos Verdes Peninsula forms the southern boundary of the watershed. There are 28 separate sub-watersheds within the larger Bay watershed. The three largest are Ballona Creek, Malibu Creek, and Topanga Creek watersheds. The northern watershed is dominated by the Santa Monica Mountains, the central portion by the Los Angeles Coastal Plain, and southern portion by the Palos Verdes Peninsula.

The diverse ecosystems within the Bay watershed provide habitats for more than five thousand species of plants, fish, birds, mammals, and other wildlife. The Santa Monica Bay’s terrestrial habitats include riparian woodlands, coastal sage scrub, oak woodlands, coastal sand dunes, salt and brackish marshes, lagoons, and mudflats. Marine habitats include soft and hard bottom, sandy and rocky intertidal, and kelp and seagrass beds. The Bay has been threatened by the historical accumulation of pollutants and includes the Palos Verdes Shelf, which has been identified as a federal Superfund site by the United States Environmental Protection Agency (U.S. EPA). In addition, the Bay also has had harmful algal blooms and is impacted by ocean acidification.

The Commission is a non-regulatory, locally-based state agency charged with coordinating activities of federal, state, local, and other entities to restore and enhance the Santa Monica Bay. The Commission is the state entity partner of the Santa Monica Bay National Estuary Program, which is one of 28 national estuary programs established by the U.S. EPA. According to the Commission, its duties include identifying and leveraging funding to put solutions into action, encouraging public-private partnerships, promoting cutting-edge research and technology, facilitating stakeholder-driven consensus processes, and raising public awareness. The Commission is composed of the Watershed Advisory Council, the Governing Board, the Executive Committee and the Technical Advisory Committee. Together, this Board and committees serve as the Management Conference of the Santa Monica Bay National Estuary Program.

This bill moves the administration of the Commission to SCC and establishes the purposes of the Commission to be consistent with the major action plan goals outlined in Commission’s 2018 “Santa Monica Bay National Estuary Program’s Action Plan for the Comprehensive Conservation and Management Plan.” As the bill moves forward the author may wish to clarify whether the Commission is now located within the NRA.

REGISTERED SUPPORT / OPPOSITION:

Support

Ecokai Environmental, Inc.

Friends of Ballona Wetlands

Loyola Marymount University

Opposition

Ballona Wetlands Land Trust

Analysis Prepared by: Michael Jarred / NAT. RES. /