Existing law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be completed by January 1, 2025. Existing law requires the institution to conduct real-time measurements of land deformation to identify and analyze conditions that precede catastrophic bluff failure on 2 specified sites as a condition of receiving funds. Existing law requires the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025.

This bill would require those real-time measurements, and identification and analysis of those conditions, for a 3rd specified site as a condition of receiving that funding, and would extend the deadline for the research to be completed to January 1, 2026. The bill would also extend the deadline for the institution to provide the report and recommendations to the Legislature to March 30, 2026.

Existing law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be completed by January 1, 2025. Existing law requires the institution to conduct real-time measurements of land deformation to identify and analyze conditions that precede catastrophic bluff failure on 2 specified sites as a condition of receiving funds. Existing law requires the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025.

This bill would require those real-time measurements, and identification and analysis of those conditions, for a 3rd specified site as a condition of receiving that funding, and would extend the deadline for the research to be completed to January 1, 2026. The bill would also extend the deadline for the institution to provide the report and recommendations to the Legislature to March 30, 2026.

Existing law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be completed by January 1, 2025. Existing law requires the institution to conduct real-time measurements of land deformation to identify and analyze conditions that precede catastrophic bluff failure on 2 specified sites as a condition of receiving funds. Existing law requires the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025.

This bill would extend require those real-time measurements, and identification and analysis of those conditions, for a 3rd specified site as a condition of receiving that funding, and would postpone the deadline for the above-described research to be completed to January 1, 2026. The bill would extend also postpone the deadline to for the institution to provide the report and recommendations to the Legislature to March 30, 2026.

Existing law requires the Scripps Institution of Oceanography at the University of California, San Diego, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in the County of San Diego, to be completed by January 1, 2025. Existing law requires the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research no later than March 15, 2025.

This bill would extend the deadline for the above-described research to be completed to January 1, 2026. The bill would extend the deadline to report to the Legislature to March 30, 2026.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 72

Author:(Boerner)

As Amended Ver:May 17, 2023

Majority vote

SUMMARY

Extends the sunset dates for the Scripps Institution of Oceanography (Scripps) to conduct research on coastal cliff landslides and erosion in the County of San Diego and report its recommendations to the Legislature.

Senate Amendments

Add San Elijo State Beach in the Cardiff area of the City of Encinitas as one of the sites on which the researched must be conducted, and add co-authors.

COMMENTS

Last session, the Legislature enacted AB 66 (Boerner Horvath), Chapter 456, Statutes of 2021 to outline enhanced coastal monitoring to better understand the timing of bluff failures and help inform recommendations towards the development of a potential early landslide warning system.

The research required pursuant to AB 66 was delayed for a year due to the permitting process, preventing timely installation of some key sensors.

[This Bill] AB 72 extends the statutory deadlines by one year from January 1, 2025, to January 1, 2026, to allow the Scripps Institute the time it needs to conduct and complete its research and the meet the requirements of AB 66.

According to the Author

In 2021, AB 66 directed the Scripps Institution of Oceanography to conduct research on coastal cliff landslides and erosion at Beacons Beach in the City of Encinitas and the City of Del Mar both in San Diego County. Due to delays in the local permitting process, Scripps researchers were not able to monitor or install the sensors needed for data collection at Beacons Beach for one year. Scripps is requesting a one-year extension to complete the full data collection and provide recommendations for the state to develop an early warning system for bluff collapse to keep our beaches and beach-goers safe.

Arguments in Support

None on file

Arguments in Opposition

None on file

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill would result in negligible state costs.

VOTES:

ASM NATURAL RESOURCES: 11-0-0

YES: Luz Rivas, Chen, Bennett, Boerner Horvath, Essayli, Friedman, Hoover, Pellerin, Ward, Wood, Zbur

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Bains, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson

ABS, ABST OR NV: Mathis

ASSEMBLY FLOOR: 68-0-12

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

ABS, ABST OR NV: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Sanchez, Valencia, Wilson

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: May 17, 2023

CONSULTANT: Paige Brokaw / NAT. RES. / FN: 0001176

 CONSENT  

Bill No: AB 72

Author: Boerner (D), et al.

Amended: 5/17/23 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/14/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 68-0, 4/10/23 - See last page for vote

SUBJECT: Coastal resources: research: landslides and erosion: early warning system

SOURCE: Author

DIGEST:

This bill provides an extension of one year to the Scripps Institution of Oceanography at the University of California, San Diego (UCSD) for the purpose of conducting research on coastal cliff landslides and erosion in the County of San Diego and extends by one year the deadline to report its recommendations to the Legislature. This bill additionally increases the number of eligible research sites from two to three.

ANALYSIS:

Existing law:

1. Establishes, under the California Constitution, the University of California (UC) as a public trust to be administered by the Regents of the UC with full powers of organization and government, subject only to such legislative control as may be necessary to insure the security of its funds and compliance with the terms of the endowments of the university, and such competitive bidding procedures as may be made applicable to the university for construction contracts, selling real property, and purchasing materials, goods and services. (Constitution of California, Article IX, Section 9)
2. Declares the UC as the primary state-supported academic agency for research. (Education Code (EC) § 66010.4 (c))
3. Requires, upon appropriation by the Legislature, the Scripps Institute at UCSD to conduct research on coastal cliff landslides and erosion in the County of San Diego and to report to the Legislature recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. (EC § 92685)

This bill:

1. Extends deadline from January 1, 2025, to January 1, 2026, for the Scripps Institute at UCSD to conduct research on coastal cliff landslides and erosion in San Diego County.
2. Extends deadline from March 15, 2025, to March 30, 2026, for the Scripps Institute to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. The bill extends the repeal date for this reporting requirement by one year.
3. Requires the inclusion of real-time measurements and the identification and analysis of specific conditions for a third site, San Elijo State Beach in Cardiff area of the City of Encinitas, as a condition for receiving funding for that purpose.

Comments

1. Need for the bill. According to the author, in 2021, AB 66 directed the Scripps Institution of Oceanography to conduct research on coastal cliff landslides and erosion at Beacons Beach in the City of Encinitas and the City of Del Mar both in San Diego County. Due to delays in the local permitting process, Scripps researchers were not able to monitor or install the sensors needed for data collection at Beacons Beach for one year. Scripps is requesting a one-year extension to complete the full data collection and provide recommendations for the state to develop an early warning system for bluff collapse to keep our beaches and beach-goers safe.
2. Scripps Institute of Oceanography. The Scripps Institute of Oceanography at UCSD studies oceans, the atmosphere, Earth, and other planets. They receive funding from a variety of sources, including the Department of Defense, National Science Foundation, National Aeronautics and Space Administration, and National Oceanographic and Atmospheric Administration. The institute hosts a research unit that specifically studies the natural and anthropological processes contributing to the formation and erosion of coastlines. Existing law requires the Scripps Institute conduct research that will lead to the development of an early warning system to help address coastal cliff and bluff failure in San Diego County. It further requires the institute to complete its research and report its findings to the Legislature by the specified dates. Lastly, current law exempts UC Regents, acting in good faith, for civil liability for any harm resulting from measurements, predictions, or warnings regarding bluff failure, cliff landslides, or erosion. It excludes omissions constituting gross negligence from the exemption.

The statutory deadline for the institute to finish its research and provide recommendations for the establishment of a coastal cliff landslide and erosion early warning system is extended by one year under this measure. This bill attempts to expand the scope of liability protections to a third location, by designating San Elijo State Beach in Cardiff, as a research site.

1. Related budget activity. The 2021 Budget Act provided $2.5 million one-time funding for the Scripps Institution of Oceanography at UCSD to conduct a study on costal cliff landslides and erosion.

Related/Prior Legislation

AB 66 (Boerner- Horvath, Chapter 456, Statutes of 2021) required, upon an appropriation by the Legislature, the UCSD’s Scripps Institution of Oceanography, conduct research on coastal cliff landslides and erosion in San Diego County. AB 66 required the completion of research by January 1, 2025, and a report to the Legislature by March 15, 2025.

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

SUPPORT: (Verified 6/27/23)

None received

OPPOSITION: (Verified 6/27/23)

None received

ASSEMBLY FLOOR: 68-0, 4/10/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon

NO VOTE RECORDED: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Sanchez, Valencia, Wilson

Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105

6/28/23 14:13:37

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 72 Hearing Date: June 14, 2023

Subject: Coastal resources: research: landslides and erosion: early warning system

SUMMARY

This bill provides an extension of one year to the Scripps Institution of Oceanography at the University of California, San Diego (UCSD) for the purpose of conducting research on coastal cliff landslides and erosion in the County of San Diego and extends by one year the deadline to report its recommendations to the Legislature. The bill additionally increases the number of eligible research sites from two to three.

BACKGROUND

Existing law:

1) Under the California Constitution, establishes the University of California (UC) as

a public trust to be administered by the Regents of the UC with full powers of organization and government, subject only to such legislative control as may be necessary to insure the security of its funds and compliance with the terms of the endowments of the university, and such competitive bidding procedures as may be made applicable to the university for construction contracts, selling real property, and purchasing materials, goods and services. (Constitution of California, Article IX, Section 9)

2) Declares the UC as the primary state-supported academic agency for research. (Education Code (EC) § 66010.4 (c))

3) Requires, upon appropriation by the Legislature, the Scripps Institute at UCSD to conduct research on coastal cliff landslides and erosion in the County of San Diego and to report to the Legislature recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. (EC § 92685)

ANALYSIS

This bill:

1. Extends deadline from January 1, 2025, to January 1, 2026, for the Scripps Institute at UCSD to conduct research on coastal cliff landslides and erosion in San Diego County.
2. Extends deadline from March 15, 2025, to March 30, 2026, for the Scripps Institute to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. The bill extends the repeal date for this reporting requirement by one year.
3. Requires the inclusion of real-time measurements and the identification and analysis of specific conditions for a third site, San Elijo State Beach in Cardiff area of the City of Encinitas, as a condition for receiving funding for that purpose.

STAFF COMMENTS

1. Need for the bill. According to the author, in 2021, AB 66 directed the Scripps Institution of Oceanography to conduct research on coastal cliff landslides and erosion at Beacons Beach in the City of Encinitas and the City of Del Mar both in San Diego County. Due to delays in the local permitting process, Scripps researchers were not able to monitor or install the sensors needed for data collection at Beacons Beach for one year. Scripps is requesting a one-year extension to complete the full data collection and provide recommendations for the state to develop an early warning system for bluff collapse to keep our beaches and beach-goers safe.
2. Scripps Institute of Oceanography. The Scripps Institute of Oceanography at UCSD studies oceans, the atmosphere, Earth, and other planets. They receive funding from a variety of sources, including the Department of Defense, National Science Foundation, National Aeronautics and Space Administration, and National Oceanographic and Atmospheric Administration. The institute hosts a research unit that specifically studies the natural and anthropological processes contributing to the formation and erosion of coastlines. Existing law requires the Scripps Institute conduct research that will lead to the development of an early warning system to help address coastal cliff and bluff failure in San Diego County. It further requires the institute to complete its research and report its findings to the Legislature by the specified dates. Lastly, current law exempts UC Regents, acting in good faith, for civil liability for any harm resulting from measurements, predictions, or warnings regarding bluff failure, cliff landslides, or erosion. It excludes omissions constituting gross negligence from the exemption.

The statutory deadline for the institute to finish its research and provide recommendations for the establishment of a coastal cliff landslide and erosion early warning system is extended by one year under this measure. The bill attempts to expand the scope of liability protections to a third location, by designating San Elijo State Beach in Cardiff, as a research site.

1. Related Budget activity. The 2021 Budget Act provided $2.5 million one-time funding for the Scripps Institution of Oceanography at UCSD to conduct a study on costal cliff landslides and erosion.
2. Related and Prior legislation.
3. AB 66 (Boerner- Horvath, Statutes of 2021, Chapter 456) required, upon an appropriation by the Legislature, the UCSD’s Scripps Institution of Oceanography, conduct research on coastal cliff landslides and erosion in San Diego County. AB 66 required the completion of research by January 1, 2025 and a report to the Legislature by March 15, 2025.

SUPPORT

None received

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 72

Author:(Boerner Horvath)

As Introduced Ver:December 13, 2022

Majority vote

SUMMARY

Extends the sunset dates for the Scripps Institution of Oceanography (Scripps Institute) to conduct research on coastal cliff landslides and erosion in the County of San Diego and report its recommendations to the Legislature.

Major Provisions

1. Extends the sunset date from January 1, 2025, to January 1, 2026, for the Scripps Institute to conduct research on coastal cliff landslides and erosion in the County of San Diego.
2. Extends the sunset date from March 15, 2025, to March 30, 2026, for the Scripps Institute to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. Extends the date for which this reporting requirement is repealed to March 15, 2029, to March 30, 2030.

COMMENTS

Last session, the Legislature enacted AB 66 (Boerner Horvath), Chapter 456, Statutes of 2021, to outline enhanced coastal monitoring to better understand the timing of bluff failures and help inform recommendations towards the development of a potential early landslide warning system.

The research required pursuant to AB 66 was delayed for a year due to the permitting process, preventing timely installation of some key sensors.

AB 72 extends the statutory deadlines by one year from January 1, 2025, to January 1, 2026, to allow the Scripps Institute the time it needs to conduct and complete its research and the meet the requirements of AB 66.

According to the Author

In 2021, AB 66 directed the Scripps Institution of Oceanography to conduct research on coastal cliff landslides and erosion at Beacons Beach in the City of Encinitas and the City of Del Mar both in San Diego County. Due to delays in the local permitting process, Scripps researchers were not able to monitor or install the sensors needed for data collection at Beacons Beach for one year. Scripps is requesting a one-year extension to complete the full data collection and provide recommendations for the state to develop an early warning system for bluff collapse to keep our beaches and beach-goers safe.

Arguments in Support

None on file.

Arguments in Opposition

None on file.

FISCAL COMMENTS

No state costs.

VOTES

ASM NATURAL RESOURCES: 11-0-0

YES: Luz Rivas, Chen, Bennett, Boerner Horvath, Essayli, Friedman, Hoover, Pellerin, Ward, Wood, Zbur

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Bains, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson

ABS, ABST OR NV: Mathis

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Bains, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson

ABS, ABST OR NV: Mathis

UPDATED

VERSION: December 13, 2022

CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0000163

Date of Hearing: March 22, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 72

Author:(Boerner Horvath) – As Introduced Ver:December 13, 2022

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

SUMMARY:

This bill extends the sunset dates for the Scripps Institution of Oceanography (Scripps Institute) to conduct research on coastal cliff landslides and erosion in the County of San Diego and report its recommendations to the Legislature.

Specifically, this bill:

1. Extends the sunset date, from January 1, 2025, to January 1, 2026, for the Scripps Institute to conduct research on coastal cliff landslides and erosion in the County of San Diego.
2. Extends the sunset date, from March 15, 2025, to March 30, 2026, for the Scripps Institute to provide a report to the Legislature with recommendations, based on available research, for developing a coastal cliff landslide and erosion early warning system. Delays the date on which this reporting requirement is repealed, from March 15, 2029 to March 30, 2030.

FISCAL EFFECT:

No state costs.

COMMENTS:

1) Purpose. According to the author:

In 2021, AB 66 directed the Scripps Institution of Oceanography to conduct research on coastal cliff landslides and erosion at Beacons Beach in the City of Encinitas and the City of Del Mar both in San Diego County. Due to delays in the local permitting process, Scripps researchers were not able to monitor or install the sensors needed for data collection at Beacons Beach for one year. Scripps is requesting a one-year extension to complete the full data collection and provide recommendations for the state to develop an early warning system for bluff collapse to keep our beaches and beach-goers safe.

2) Scripps Institute. Scripps Institute is a research center associated with the University of California, San Diego, that conducts research on climate change impacts and adaptation, resilience to hazards, conservation and biodiversity, oceans and human health, national security, and innovative technology to observe the planet. Scripps Institute receives funding from a variety of sources, including the California Sea Grant, Ocean Protection Council, Department of Defense, National Science Foundation, National Aeronautics and Space Administration, and National Oceanographic and Atmospheric Administration. Scripps Institute has a research unit that specifically studies the natural and anthropological processes contributing to the formation and erosion of coastlines.

3) Coastal Erosion. The vast majority of California’s coast consists of actively eroding sea cliffs. Recent studies and modeling predict that sea level rise, higher storm surges, and other impacts of climate change are likely to exacerbate coastal erosion. In fact, the U.S. Geological Survey forecasted that rising tides will swallow 67% of beaches in Southern California by 2100. Eroding cliffs pose major risks for critical infrastructure, development, and public safety, and bluff collapse has already resulted in multiple fatalities and injuries in the state.

4) Need for Sunset Extension. AB 66 (Boerner Horvath), Chapter 456, Statutes of 2021, directed Scripps Institute to conduct research on coastal cliff landslides and erosion in San Diego County to better understand the timing of bluff failures and help inform recommendations for developing an early landslide warning system. The author secured $2.5 million in the 2021-22 budget for this three-year study.

The research required pursuant to AB 66 was delayed for a year because it was initially combined with a City of Encinitas parking lot realignment project to streamline permitting. While the combined approach was initially beneficial for both projects, the parking lot realignment project stalled and required the AB 66 research project to be separated in order to move forward more rapidly. This delayed the permitting process by several months.

In addition, the research project was appealed twice by a resident living adjacent to the project site. The project was initially reviewed during the City of Encinitas Planning Commission permit hearing on June 29, 2022, and received unanimous approval. The Planning Commission approval was appealed and then presented to the City of Encinitas City Council at an appeal hearing in August. The city council denied the appeal and voted unanimously to approve the permit to conduct the AB 66 research and coastal monitoring. However, the city council decision was appealed to the Coastal Commission, which unanimously voted to deny the appeal and approve the project. In total, the permit process delays have set the project timeline back by about one year and delayed the installation of several key sensors. Without a project extension, full data collection would only cover one full winter (when coastal erosion and landslides occur more frequently) and limit the overall project outcomes and recommendations.

The author is not seeking additional funding for this project in the budget. Scripps Institute expects to complete its research and recommendations within the existing $2.5 million allocation.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: March 13, 2023

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Luz Rivas, Chair

ABPCA Bill Id:AB 72 (

Author:Boerner Horvath) – As Introduced Ver:December 13, 2022

SUBJECT: Coastal resources: research: landslides and erosion: early warning system: County of San Diego.

SUMMARY: Extends the sunset dates for the Scripps Institution of Oceanography (Scripps Institute) to conduct research on coastal cliff landslides and erosion in the County of San Diego and report its recommendations to the Legislature.

EXISTING LAW:

1. Establishes the Climate Ready Program in the State Coastal Conservancy (Conservancy) to address the impacts and potential impacts of climate change on resources within the Conservancy’s jurisdiction. (Public Resources Code (PRC) § 31113)
2. Authorizes the Conservancy to undertake projects within its jurisdiction, including projects related to beach and bluff erosion and other coastal hazards that threaten coastal communities, infrastructure, and natural resources. (PRC § 31200)
3. Requires, upon appropriation by the Legislature, the Scripps Institute to conduct research on coastal cliff landslides and erosion in the County of San Diego and to report to the Legislature recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. (Education Code § 92685)

THIS BILL:

1. Extends the sunset date from January 1, 2025, to January 1, 2026, for the Scripps Institute to conduct research on coastal cliff landslides and erosion in the County of San Diego.
2. Extends the sunset date from March 15, 2025, to March 30, 2026, for the Scripps Institute to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. Extends the date for which this reporting requirement is repealed to March 15, 2029, to March 30, 2030.

FISCAL EFFECT: Unknown.

COMMENTS:

1. Need for the bill. According to the author,

In 2021, AB 66 directed the Scripps Institution of Oceanography to conduct research on coastal cliff landslides and erosion at Beacons Beach in the City of Encinitas and the City of Del Mar both in San Diego County. Due to delays in the local permitting process, Scripps researchers were not able to monitor or install the sensors needed for data collection at Beacons Beach for one year. Scripps is requesting a one-year extension to complete the full data collection and provide recommendations for the state to develop an early warning system for bluff collapse to keep our beaches and beach-goers safe.

1. Cliff erosion. In January 2002, the Department of Boating and Waterways submitted to the Legislature the report, California Beach Restoration Study, which acknowledged that the great majority of the coast of California consists of actively eroding sea cliffs. Results from this study showed that the great majority -- 72% -- of the coast of California consists of actively eroding sea cliffs. Earlier studies (US Army Corps of Engineers, 1971) indicated that about 950 miles, or 86%, of California’s coast are eroding based on a large-scale regional analysis, which goes to show how long there has been concern around coastal erosion.

Since then, more recent science has kept pace with the impacts of climate change, and we know sea level rise, higher storm surges, and other impacts of climate change are exacerbating coastal erosion. A 2017 study from the US Geological Survey published in the Journal of Geophysical Research–Earth Surface predicts that with limited human intervention, 31% to 67% of Southern California erosion caused by sea-level rise will shrink nearly all the beaches, which are a crucial feature of the economy and the first line of defense against coastal-storm impacts for coastal residents and businesses. Further projections suggest that up to two-thirds of Southern California beaches may become completely eroded by 2100.

Eroding cliffs threaten extensive cliff top development throughout the state, including homes, businesses, highways, railways, wastewater, oil, natural gas, and nuclear facilities, universities, several critical military bases, and numerous state beaches and parks.

A 2018 report by the Scripps Institute identified locations in California at highest risk of cliff failure by 2050. The highest risk sites were spread across the state, but included several Southern California locations: San Onofre State Beach, Daly City, Point Reyes National Seashore, and Palos Verdes. In these areas, ocean waves, rainstorms and other factors eroded coastal bluffs by up to 12 feet per year during the study period. Coastal erosion and bluff collapse have resulted in multiple fatalities and injuries in San Diego County. In August 2019, three people were fatally crushed when a bluff collapsed at an Encinitas beach. Bluff collapses in 1995 and 2008 resulted in three deaths and one injury.

While research suggests that coastal erosion rates will increase as the sea level rises, variation in cliff geology, beach protection, exposure to weather, and other factors complicate the prediction of future erosion rates. The 2018 Scripps Institute study also determined that historical cliff erosion rates do not always provide a good prediction of future rates, and cliffs with high erosion rates in recent times were often preceded by time periods with very erosion. These are key findings because models predicting future cliff retreat are often based on projecting the historical rates. Existing cliff erosion studies are often small scale, use a variety of techniques, and often rely on lower quality data sources, providing a patchwork across the state. According to Scripps Institute researcher Dr. Adam Young, understanding the processes that drive cliff failures, triggering mechanisms, magnitude of erosion, and timing of collapse is essential for coastal management and building resilient and safe communities.

1. Current coastal erosion research requirements. Last session, the Legislature enacted AB 66 (Boerner Horvath, Chapter 456, Statutes of 2021) to outline enhanced coastal monitoring to better understand the timing of bluff failures and help inform recommendations towards the development of a potential early landslide warning system.

The research required pursuant to AB 66 was delayed for a year due to the permitting process, preventing timely installation of some key sensors. Delays were caused because the research project was initially combined with a City of Encinitas parking lot realignment project to streamline permitting. While the combined approach was initially mutually beneficial for both projects, the parking lot realignment project stalled and required the AB 66 research project to be separated in order move forward more rapidly. This delayed the permitting process by several months.

In addition, the project was appealed twice by a resident living adjacent to the project site. The project was initially reviewed during the City of Encinitas Planning Commission permit hearing on June 29, 2022, and received unanimous approval. The Planning Commission approval was appealed and then presented to the City of Encinitas City Council at an appeal hearing in August. The City Council denied the appeal and voted unanimously to approve the permit to conduct the AB 66 research and coastal monitoring. However, the City Council decision was appealed to the Coastal Commission and then presented at the November meeting. The Coastal Commission unanimously voted to deny the appeal and approve the project. In total, the permit process delays have set the project timeline back about one year.

Despite delays in the permit process, some significant progress has been made, including routine monitoring and the installation of some sensors. Routine monitoring includes GPS and total station surveys, LiDAR surveys (light detection and ranging), and aerial photo surveys. Sensor installation includes shallow surficial ground tilt sensors, a seismometer, cliff base wave sensors, and nearshore buoys. In addition, a dedicated website to the project is currently being developed to display sensor data in real time.

However, installation of several key sensors including a subsurface high sensitivity strain meter have been delayed by the permitting process, therefore requiring the project extension. Without a project extension, full data collection would only cover one full winter (when coastal erosion and landslides occur more frequently) and limit the overall project outcomes and recommendations.

1. This bill. AB 72 extends the statutory deadlines by one year from January 1, 2025, to January 1, 2026, to allow the Scripps Institute the time it needs to conduct and complete its research and the meet the requirements of AB 66.
2. Related legislation:

AB 2734 (Petrie-Norris, 2022) would require the Scripps Institute, upon appropriation by the Legislature, to conduct research on coastal cliff landslides and erosion in Orange County. This bill was held in the Senate Appropriations Committee.

AB 66 (Boerner Horvath, Chapter 456, Statutes of 2021) requires the Scripps Institute to conduct research on coastal erosion in San Diego County and report back to the Legislature on the feasibility of a bluff collapse early warning system, among other things.

SB 1 (Atkins, Chapter 236, Statutes of 2021) establishes the California Sea Level Rise State and Regional Support Collaborative at the Ocean Protection Council to help coordinate and fund state efforts to prepare for sea level rise associated with climate change, and provides up to $100 million in state funding annually to address sea level rise, among other things.

SB 627 (Bates, 2021) would have authorized by-right construction of sea walls and other hard shorelines structures statewide. This bill was held in the Senate Natural Resources Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Paige Brokaw / NAT. RES. /