Senate Standing Committee on Natural Resources and Water
- Dave Min
Person
Thank you. The Senate Natural Resources and Water Committee will come to order. Good morning. For those Members who are not here, which is everyone except for Vice Chair Seyarto if you could come down to room 1200, we could then establish a quorum for our hearing. We have eight bills on today's agenda, five of which are proposed for consent. These bills will be heard in file order. Since we don't have a quorum, we'll proceed in a Subcommitee at this point and we'll establish quorum when sufficient Members are present.
- Dave Min
Person
But for now, we'll hear from our first author who is here and prepared. Senator Dodd, you may present your resolution SJR 1014 when you're prepared.
- Bill Dodd
Person
Thank you, Mister chair and Members. SJR 10 urges the President to use existing authority granted by the Antiquities act to expand Berryessa Snow Mountain National Monument and Congress to pass House Bill 1396 and Senate Bill 683. These measures would rename Walker Ridge Molok Luyuk, which means Condor Ridge in the Pat win language. Additionally, they also provide opportunities for partnerships between the tribes, Bureau of Land Management and US Forest Service.
- Bill Dodd
Person
By expanding this national monument, we are protecting sacred, excuse me, tribal lands and critical habitat for wildlife, while also improving access to outdoors. In helping to contribute to California's goal of protecting 30% of lands and waters by 2030, I have with me here today Kekia Bodwitch, the policy Director at Tuleyome, and Nicholas Jensen, speaking on behalf of the California Native Plant Society.
- Dave Min
Person
Thank you very much. With two witnesses. Due to time constraints regarding the length of hearings, you'll be permitted two minutes each and you can proceed whenever you are ready. Yep. Thank you.
- Unidentified Speaker
Person
Hi.
- Hekia Bodwitch
Person
Thank you. As Senator Dodd said, I'm Hekia Bodwitch, the policy Director for Tuleyome, and I'm speaking in support of SJR 10 Dodd's proposal to support the addition of Molok Luyuk to Berryessa Snow Mountain National Monument. Tuleome is a conservation nonprofit whose mission it is to engage in advocacy and active stewardship with diverse communities to conserve, enhance, restore, and enjoy the lands in the north intercoastal range. We are also local land owners.
- Hekia Bodwitch
Person
We own land adjacent to the monument and we design, build and maintain the region's trails, which include trails for off highway vehicle enthusiasts, motorbikes, horseback riders, and hikers. Molok Luyuk is sacred to the Yocha Dehe Wintun Nation, who is leading the expansion campaign along with other tribal nations. The area is a wildlife corridor for Tule Elk, mountain lions, and black bears it is also home to imperiled wildlife, including bald and golden eagles, badgers, peregrine falcons, and over 30 species of rare plants.
- Hekia Bodwitch
Person
The region's biodiversity is due in part to its geology, which gives rise to unique plants. The incorporation of Molok Luyuk into Berryessa Snow Mountain National Monument will direct the Bureau of Land Management, who currently controls the land, to continue to manage in ways that protect the ecologically and culturally sensitive sites of the region. No land will be transferred out of private property ownership when the monument is designated. National monuments can only be designated on publicly controlled lands.
- Hekia Bodwitch
Person
In December of 2023, the BLM and the Forest Service hosted a series of listening sessions, including one with the community, and over 200 people attended. If you could, 75 volunteered to give public comments, and of those who spoke, 100 were in favor of adding Moloch Leyuk to the monument.
- Dave Min
Person
Thank you very much for your testimony. Appreciate it.
- Hekia Bodwitch
Person
Thank you.
- Dave Min
Person
Next witness.
- Nick Jensen
Person
Good afternoon, and thank you for the opportunity to testify today. I first want to thank Senator Dodd for introducing this joint resolution in support of the expansion of Berryessa Snow Mountain National Monument to include Molok Luyuk. I also want to emphasize that the designation of Molok Luyuk applies only to public lands and will actually strengthen, not limit, recreational opportunities. And this is one of the reasons we've received strong support from the OHV, or off highway vehicle community, as Senator Dodd said, my name is Nick Jensen.
- Nick Jensen
Person
I'm the conservation program Director for the Native Plant Society. We're a statewide nonprofit with more than 13,000 Members dedicated to preservation and appreciation of California's Flora. The effort to protect I like to think that the effort to protect Molokla Yoke represents the best in modern conservation. This includes the respect for tribal knowledge, inclusive land management, communities coming together with the goal of protecting biodiversity amid a global extinction and climate crisis.
- Nick Jensen
Person
CMPS is greatly, deeply grateful for the Yocha Dehe Wintun Nation's leadership in making this request, and to our congressional champions for asking President Biden to use the powers of the Antiquities act to protect Molok Luyuk. Now just a quick personal story. I first visited this area, Molok Luyuk, nearly 20 years ago. That day I went up to the ridge for the same reason that hundreds of Members of my organization continue to visit Molok Luyuk. It's rare plants.
- Nick Jensen
Person
As you likely know, California is a globally important place for plant diversity, with thousands of species that occur only in the state, many of which are rare and imperiled. Molok Luyuk is a hotspot of plant diversity within the hotspot that is California, with at least 43 species of rare plants. Today, thanks to the work of so many, momentum towards the conservation of Molok Luyuk is strong. More than 175,000 people have signed petitions in support of this designation.
- Nick Jensen
Person
Secretary Holland has visited the area and met with tribes and local leaders. And in December, as you heard my colleague Hekia say, the public meetings hosted by BLM and Forest Service received, there was more than 200 people in attendance, and 75 people spoke out in support with zero opposition, which is very rare in anything these days. Right. And so for all those, I ask you to strongly support the resolution today. Thank you.
- Dave Min
Person
Thank you very much for your testimony. Before we proceed, I think we now have a quorum. So, assistant, if you could please call the roll, that'd be great.
- Committee Secretary
Person
[Roll call]
- Nick Jensen
Person
A quorum has been established, and with that, we'll move back to SJR 10. Do we have any other witnesses in the room who would like to testify in support of this Bill? This is two testimony, so please limit your comments to your name, affiliation, and position on the measure. Thank you.
- Kim Delfino
Person
Kim Delfino, representing someone else from defenders is coming up. Autobahn California and Mojave Desert Land Trust. Thank you. In support.
- Dave Min
Person
Thank you.
- Sophia Markowska
Person
Hi. Sophia Markowsko with Defenders of Wildlife in support.
- Dave Min
Person
Thank you.
- Erin Woolley
Person
Hi. Erin Wooley, on behalf of Sierra Club California, in support.
- Dave Min
Person
Thank you.
- Santiago Rodriguez
Person
Santiago Rodriguez with California Environmental Voters in support.
- Dave Min
Person
Thank you. All right. Seeing no other support witnesses in the room, we'll move on to any witnesses in opposition. Do we have any lead witnesses in opposition? Saying no one. Do we have any witnesses in opposition to this fine bill? I'm being pejorative. Okay. Seeing no other witnesses, we'll bring the discussion back to the Committee. Do we have any questions or comments? Senator Laird?
- John Laird
Legislator
Thank you. I was very involved in the original creation of the monument. And it's interesting because I noted that the original monument was 330,780 acres, and this addition is 3900 acres. So it's just over 1%. So if I have any chastising to do, I would say to the author, this isn't enough, but this is great, because if you have been there, if you have hiked it or been through it, it is an unbelievable landscape that stretches over a period.
- John Laird
Legislator
And I think this is a good addition. It meets our 30 by 30 goals, and at the appropriate time, I would move the resolution.
- Dave Min
Person
Thank you.
- Dave Min
Person
It is appropriate. Right now we have a quorum. Okay. We have a motion from Senator Laird. Comments or questions from the Committee? Okay. Seeing none. I just wanted to ask. There were some technical amendments that the Committee proposed. You're accepting those amendments?
- John Laird
Legislator
Yes.
- Dave Min
Person
All right. Fantastic.
- John Laird
Legislator
Yes, and that was included in the motion?
- Dave Min
Person
Due pass as amended. But I just want to hear from the author. Would you like to close?
- Bill Dodd
Person
Yes, absolutely. Respectfully, ask for your aye vote.
- Dave Min
Person
Fantastic. We have a motion on SGR 10. Due pass as amended. To see this would be due pass is amended so. Assistant please call the roll.
- Committee Secretary
Person
[Roll call]
- Dave Min
Person
Oh, yeah. Sorry. Let's. Thank you, sir. We'll move on to the consent calendar with that. Yep. And so, consent calendar today we have five bills on proposed consent. File item number one. SB 1014, by Senator Dahle.
- Dave Min
Person
The vote count is 4-0. We'll leave that Bill on call. With that, we'll move on to our next Bill. Which file, item six. Is Senator Allen in the room? No. All right. Seeing no one, then I guess it will go to me them.
- Unidentified Speaker
Person
Can we move the consent?
- Dave Min
Person
File item number three. SB 1226, by Senator Cortese. File item number four. SB 1425, by Senator Gonzalez. File item number five. SB 1163, by Senator Dahle. File item number seven. SB 1029, by Senator Min. We have a motion from Senator Dahle on the consent calendar. And so, with quorum, we'll vote. Assistant, please call the roll.
- Committee Secretary
Person
Roll Call
- Dave Min
Person
Okay, 12345, the vote count is 5-0. We'll leave that Bill on call and the next Bill up will be me. Has to be. What am I presenting here? SJR 12.
- John Laird
Legislator
Welcome, Senator Min. If you would like to present your Bill, SJR12, you may proceed when you're ready. Thank you, Mister Chair.
- Dave Min
Person
Today I'm presenting SJR12, a resolution to the Federal Government to revise bankruptcy rules to ensure that the oil industry cannot use existing rules to push their costs of decommissioning oil and gas wells onto taxpayers. State taxpayers, specifically. In 2021, the district I represent, the 37th Senate district, experienced a major oil spill off the coast of Huntington Beach. Our beaches were blackened, wildlife were sickened or killed, and local small businesses dependent on our coastlines suffered major economic losses.
- Dave Min
Person
While those responsible for the 2021 Orange County oil spill continue to be held to account financially. Farther up the coast, other operators have found it in their best interest to declare bankruptcy and walk away from dozens of unplugged oil wells and associated equipment and infrastructure. The bankruptcies of Venocco and Rincon Island limited partners have cost the state's General Fund over $200 million so far, and that number is expected to grow, perhaps exponentially.
- Dave Min
Person
And that does not even include the onshore cost to address orphan wells estimated to be in the billions of dollars. This resolution is a common sense, one that asks our Federal Government to make sure that an oil well bankruptcy will not adversely affect the state's General Fund. I have with me today Sherry Pemberton from the State Lands Commission to speak in support of this resolution. Thank you for appearing today, Miss Pemberton. That is my only witness.
- John Laird
Legislator
Thank you, Miss Pemberton. And you have two minutes. zero, wait, you get four minutes because there's only one. Four minutes if you need them.
- Sheri Pemberton
Person
Thank you.
- Sheri Pemberton
Person
Sheri Pemberton, on behalf of the California State Lands Commission in strong support of SJR 12, our Commission is the agency who is responsible for taking on the decommissioning responsibilities for two major offshore oil and gas operations after the operators filed for bankruptcy in recent years. And we've experienced firsthand the enormous effects that that has on the state and the taxpayers. And we're still working through that decommissioning process and plugging and abandoning the wells and all of the steps that come with that.
- Sheri Pemberton
Person
We have no control as a state or a Commission over the bankruptcy code. We wholeheartedly support encouraging the Federal Government to change the bankruptcy code to make it more difficult for oil and gas operators to file for bankruptcy as a way to jettison their decommissioning responsibilities. I'll also add that these responsibilities are a part of the lease and were a condition that the lessees agreed to when they were given a lease to remove these minerals from the state's waters.
- Sheri Pemberton
Person
So really strongly in support of this resolution, and I'm happy to answer any questions.
- John Laird
Legislator
Very good. Thank you. Are there any. Me, too's. In favor of the Bill. In support of the Bill. Come on up. State your name, the organization you represent and your support for the Bill.
- Santiago Rodriguez
Person
Santiago Rodriguez with California Environmental Voters in sport.
- Erin Woolley
Person
Erin Woolley, on behalf of Sierra Club California, in support.
- Christina Scaringe
Person
Hi, Christina Scaringe, with the Center for Biological Diversity in strong Support. Thanks.
- John Laird
Legislator
Thank you very much. That was very orderly. Do we have anybody that wishes to speak in opposition to the Bill as a primary witness? There being none, is there anybody who just wants to come up, and me, too, in opposition. I don't see anybody scrambling. So we're going to bring it back to the dais. Anybody in the dais have questions, concerns that they'd like to express. If not, we can entertain a motion. We have a motion to move the Bill by Senator Padilla.
- John Laird
Legislator
very. That was an excellent closing. Thank you. I appreciate that. Go ahead and call it the roll. Thank you.
- Dave Min
Person
I respectfully ask your aye vote
- John Laird
Legislator
So, secretary for call the roll. Oh, would you like to close?
- Committee Secretary
Person
Roll Call
- John Laird
Legislator
Okay, so that Bill will be on call. We have four in favor and none opposed. So at this time, we're going to call on Senator Allen to scramble to the room so that we can finish the hearing. So we're going to take a recess until Mister Allen approves. Yeah, that would be good. We'll go ahead and add on that other Bill. Go ahead and add on. Yeah, let's lift the calls on those in April.
- Committee Secretary
Person
Okay, we're lifting the calls on File Item number 2, SJR 10. Current vote is 4-0 with Chair and Vice Chair voting aye. [Roll Call]. We're voting on SJR 10. The current vote is 4-0. The measure motion is do pass as amended. SJR 10. [Roll Call].
- Kelly Seyarto
Legislator
Okay, that measure is 6-0. It's on call for now. Next up, we have Senator Allen. He is going to be introducing SB 1332. Mr. Allen, when you're ready.
- Benjamin Allen
Legislator
Well, thank you so much, Mr. Vice Chair. I just want to start by thanking the Committee staff for its thoughtful work, as always, on this measure. And I'm happy to accept the Committee amendments. Members, the California State Park system is dear to my heart. I know it is to many. We were just talking about the challenges at Malakoff Diggins the other day in the Budget Sub where Senator Dahle and I serve. These are special places. They offer opportunities to get outside, explore nature, visit historical landmarks.
- Benjamin Allen
Legislator
Each of our state parks represent a promise to our children and future generations that we're going to preserve the area so that they, too, can enjoy it as we do. There are places that we have set aside as a state for, and marked with a certain degree of specialness. But, you know, while we've, I will say, I mean, I'm kind of shocked sometimes by the state of disrepair in a lot of our state parks.
- Benjamin Allen
Legislator
And, you know, just last week, our State Parks Director Quintero referenced their $1.0 billion deferred maintenance backlog, as a General Fund revenue has not kept pace with the needs for years. For the last five years or so, many of you know, I've been working on the Climate and Natural Resources Bond to fund important mitigation and restoration work, including within our parks. And I've just become really acutely aware of how important and needed the funding is. Certainly, bond funding can be used to acquire lands.
- Benjamin Allen
Legislator
It can't be used for stewardship and maintenance. And of course, the bond's needed for lots of other things as well. So this Bill seeks to take a novel approach to addressing this chronic funding shortfall. It establishes a Conservation Stewardship Endowment Fund to accept private donations and General Fund Dollars. To the extent that the state's willing to provide, the money will be invested with the goal of achieving a sufficient balance to generate ongoing earnings to cover the annual stewardship and maintenance costs of park lands.
- Benjamin Allen
Legislator
And the idea here is that it will provide a mechanism to continue providing important benefits through our state park system for generations to come. And with me here to speak in support is Isabella Gonzalez Potter from the Nature Conservancy, and I do very much appreciate their support for this.
- Kelly Seyarto
Legislator
All right. If the witness will come forward, you have a total of four minutes if you need them, less if you don't.
- Isabella Gonzalez Potter
Person
Got it. Good afternoon, Vice Chair and Senators. Isabella Gonzalez Potter with the Nature Conservancy. We are in strong support of Senator Allen's SB 1332. TNC is a science-based organization that works worldwide to deliver conservation solutions that benefit both people and nature. California's more than 280 state parks are rich in biodiversity, support healthy and resilient ecosystems, and offer many important benefits to all Californians. State parks provide significant benefits, including outdoor recreation, wildlife habitat, climate change mitigation, water and air purification, and more.
- Isabella Gonzalez Potter
Person
As such, state parks play a crucial role in achieving California's climate goals and several high-priority state initiatives, including the 30 by 30 initiative, the Outdoors for All Initiative, and the Water Supply Strategy, among others. While California has made significant investments to protect and conserve these lands, dedicated resources for stewardship and management are necessary to ensure that they remain healthy landscapes and continue to benefit all Californians. As Senator Allen was just articulating General Obligation Bond funding can be used to acquire and protect these lands.
- Isabella Gonzalez Potter
Person
However, stewardship and management activities are not eligible for bond funding. The lack of funding for maintenance and stewardship has resulted in a deferred maintenance backlog totaling more than $1 billion for Department of Parks alone. So as the impacts of climate change intensify, management and stewardship of California State Parks and conservation lands will become increasingly important. He already articulated that it would establish the Conservation Stewardship Endowment Fund, and as such, SB 1332 will ensure that our state parks continue to provide important benefits for all Californians. We thank you.
- Kelly Seyarto
Legislator
Great. Thank you very much. At this time, those that wish to express their enthusiasm for this Bill can come to the mic, state so with your name, the organization you represent, and your support for the Bill.
- Tasha Newman
Person
Good afternoon. Tasha Newman, on behalf of Bolsa Chica Land Trust in support.
- Cam Desteck
Person
Good afternoon. Cam Desteck test on behalf of California Trail in support. Thank you.
- Santiago Rodriguez
Person
Santiago Rodriguez with California Environmental Voters in support.
- Kelly Seyarto
Legislator
Great. Now is the time for anybody who might be in opposition to this Bill to come up. If they want to be a primary witness, we can give them a couple of, three minutes. So come on up if that's what you want to do. Seeing as nobody is coming to the mic, anybody just wants to come up and say, I oppose and sit down, that's fine. No? Okay. We're going to bring it back to the dais for a discussion. Mr. John Laird.
- John Laird
Legislator
Thank you very much, Mr. Chair. I had a few questions and then a comment. The analysis says you're taking an amendment, but it also says the Bill's a work in progress and suggests an expenditure plan, an Endowment Fund report, and stakeholder outreach. Was any of that included in the amendment that was taken or that a suggestion passed the amendment?
- Benjamin Allen
Legislator
Ooh, I'm willing to accept those suggestions. I don't know if we formally have, maybe I should add, so I'm certainly willing to accept those suggestions. I read that and thought it was reasonable, but I don't know that they've been drawn out in our.
- John Laird
Legislator
We're so instructed not to negotiate from the dais. So if you don't have the amendments, it's like, it's clear the analysis says those would be nice and you should work. The other question I had is, I had attempted to do a vehicle license fee increase in exchange for anybody with a California license could get in free to a state park, and it didn't work, and it went to the voters. And then the Great Recession happened in between, so it didn't pass.
- John Laird
Legislator
There was a $60 million annual increase to parks in conjunction with the OHV piece that was more general in the Transportation Bond and Parks California, which was created out of the reforms, the analysis says, is up to 5 million a year. This doesn't divert anything away from these efforts, does it? Because the 5 million a year is private contributions, primarily. So this isn't going to divert it from what's happened?
- Benjamin Allen
Legislator
No. I mean, I do think that if this proceeds, we will probably want to have a conversation about how they interact, but they're separate and it doesn't divert.
- John Laird
Legislator
And it says that there'd be government money to this to create the endowment, to create interest, to go to parks. But there's no money in this Bill at this point, given the year that we're.
- Benjamin Allen
Legislator
Right. And I think we anticipate, given the current circumstances, that we would need to front-fill it with philanthropic. I mean, I think that's the focus right now. But we certainly didn't want to preclude the opportunity for the General Fund to put money into it in the future during upturn.
- John Laird
Legislator
But the idea is to have an endowment where it's the interest annually that goes to parks, not going into the corpus. Right?
- Benjamin Allen
Legislator
Yeah, that's right. That's right. We're engaging in conversation. They're somewhat different visions as to how to structure it, but that's right.
- John Laird
Legislator
Well, I see some, and I worked very closely with the national wildlife, whatever, NFWF Foundation in my prior thing, and that was designed to get private donations to help with public projects. I think my only concern is that you make sure that seeking private philanthropy, it doesn't divert the private philanthropy that's going to Parks California. But I applaud you for this effort. It does need some work, but I am willing to move the Bill.
- Benjamin Allen
Legislator
Thank you, Senator.
- Kelly Seyarto
Legislator
Anybody else? Comments? Questions? We have a motion to move the Bill, and this is a do pass as amended to Appropriations. And you did say you were taking Committee amendments, correct? Okay, Ms. Secretary, you want to call the roll? Oh, you want to do your closing, I'm sorry.
- Benjamin Allen
Legislator
No, I appreciate the comments and ask for an aye vote. Thank you, respectfully.
- Kelly Seyarto
Legislator
I keep forgetting that part. You know? That's what happens when you're part time. Go ahead and call the roll, please.
- Benjamin Allen
Legislator
You're doing great, Mr. Chair.
- Committee Secretary
Person
This is for SB 1332. [Roll Call].
- Kelly Seyarto
Legislator
All right, that measure has six votes, and we'll leave it on call. Seven votes and we'll leave it on call. So at this time, we're going to lift the call on the consent calendar to get everybody added on that wants to. And I would encourage at this time, for other Members that are on this Committee and want to be added on to walk with purpose down the hallways to get here so that we can conclude the meeting.
- Kelly Seyarto
Legislator
Just in time for the consent calendar. File item number SB 1014. File item number 31226. File item number 41425. File item number five. SB 1163. File item number seven. SB 1029. Current vote is 50, with Chair and Vice Chair voting aye. [Roll Call]. Okay, so include file item one. I didn't hear you call that file item one. This is SB 1014 on the consent calendar as well. And.
- Kelly Seyarto
Legislator
Okay, so the current vote is 9-0. So. All right, so the current vote on the consent calendar is 9-0. We're gonna leave it on call for the additional Members that are scrambling down from their offices to get here to vote. All right, we're going to lift the call on SJR 10 for the Members that need to add on.
- Committee Secretary
Person
SJR 10. The current motion is do pass as amended. The current vote is 6-0, with Chair and Vice Chair voting aye. [Roll Call]
- Kelly Seyarto
Legislator
So that measure is 8-0, and we'll leave that on call for Members to add on.
- Committee Secretary
Person
All right, we're going to go to file item eight, which is SDR 12 Min, and add on for those that missed the vote. Current vote is the motion is do pass. And the current vote is 4-0, with Chair voting aye [Roll Call]
- Dave Min
Person
That vote is 7-0. We'll still leave it on call. Members, if you could come back and conclude voting, that'd be great. Last Bill. Okay, we'll do go back to file item. I'm sorry, we'll go back to file item number week. And I need. Okay, we're going to lift the call on file item number six. File item number six, SB 1332. The motion is do pass as amended to appropriations. I think the motion came from Senator Laird. Please call the roll.
- Committee Secretary
Person
And the current vote is 7-0, with Vice Chair voting aye. [Roll Call]
- Dave Min
Person
That vote is 10-0. The Bill is out. No, I don't come. The Bill is out. Okay. Okay, we'll go back to file item number two, SGR 10 by Senator Dodd. The motion is due. Pass as amended. Motion from Senator Laird. Secretary please call the roll.
- Committee Secretary
Person
Current vote is 8-0, with Chair and Vice Chair voting aye. Senator Eggman. Eggman, aye. That Bill is out.
- Dave Min
Person
That vote is 9-0. The Bill is out. We'll go now to file item number eight by Senator Min. SJR 12. The motion is due pass. Assistant, please call the roll.
- Committee Secretary
Person
Current vote is 7-0, with Chair voting aye and Vice Chair voting no. [Roll Call]
- Dave Min
Person
That Bill is out. 8-0. Finally, we'll go to the consent calendar and the assistant, please call the roll.
- Committee Secretary
Person
For the consent calendar. File item number one. SB 1014. File item number three. SB 1226. File item number four. SB 1425. File item number five, SB 1165. And file item number seven, SB 1029. Current vote is 9-0, with both chair and Vice Chair voting aye. [Roll Call]
- Dave Min
Person
The consent calendar is out 10-0. Thank you, everyone, for your patience and cooperation. That concludes the agenda. Senate Natural Resources and Water Committee is adjourned.