Section § 35630

Explanation

This California law section highlights the significance of addressing ocean acidification and hypoxia (lack of oxygen in water) as major environmental threats. A scientific panel has stressed that these issues are particularly serious for the West Coast, affected by global and local carbon emissions. Eelgrass ecosystems are identified as vital in combating these problems, offering habitat for aquatic life, improving water quality, and protecting the shore. However, a vast majority of California’s eelgrass has been destroyed since the 1850s, necessitating protection and restoration efforts to support marine life, improve water quality, and reduce environmental damage.

The law emphasizes using scientific methods to advance eelgrass protection, enhancing California’s resilience to these challenges.

The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 35630(a) Ocean acidification and hypoxia, an abnormal deficiency of oxygen in marine environments, are two major threats to ocean and coastal ecosystems globally, and west coast states are particularly vulnerable, according to the April 2016 findings of the West Coast Ocean Acidification and Hypoxia Science Panel.
(b)CA Public Resources Code § 35630(b) The West Coast Ocean Acidification and Hypoxia Science Panel was a binational collaboration of leading scientists from California, Oregon, Washington, and British Columbia that was convened at the request of the council and the California Ocean Science Trust. The West Coast Ocean Acidification and Hypoxia Science Panel’s executive summary report outlines findings, recommendations, and actions to address ocean acidification and hypoxia.
(c)CA Public Resources Code § 35630(c) Ocean acidification is caused primarily by global carbon dioxide emissions. Local carbon dioxide emissions and local nutrient inputs can intensify the effects of ocean acidification.
(d)CA Public Resources Code § 35630(d) The West Coast Ocean Acidification and Hypoxia Science Panel recommends that California and other west coast states actively employ strategies that address local factors that can reduce ocean acidification and hypoxia exposure, including protecting and restoring critical coastal and aquatic habitats.
(e)CA Public Resources Code § 35630(e) Eelgrass ecosystems are among the most diverse and productive ecosystems in the world, with particular importance to farmed shellfish aquaculture and other forms of sustainable aquaculture and to commercially and recreationally valuable species, including shellfish, crabs, finfish, waterfowl, and shorebirds.
(f)CA Public Resources Code § 35630(f) Eelgrass protection and restoration efforts help promote a healthier ocean for ecosystems and industry.
(g)CA Public Resources Code § 35630(g) Since the 1850s, 90 percent of California’s eelgrass acreage has been destroyed, and the remaining 10 percent is continuously exposed to multiple stressors and threats.
(h)CA Public Resources Code § 35630(h) Scientific research has shown that eelgrass habitat provides multiple benefits, including the following:
(1)CA Public Resources Code § 35630(h)(1) Providing essential habitat for salmon, groundfish, and Pacific herring, providing Dungeness crab nurseries, and supporting commercial fisheries important to California’s coastal economy.
(2)CA Public Resources Code § 35630(h)(2) Improving water quality by filtering polluted runoff and by absorbing excess nutrients.
(3)CA Public Resources Code § 35630(h)(3) Helping to mitigate hypoxia.
(4)CA Public Resources Code § 35630(h)(4) Sequestering carbon in the underlying sediments.
(5)CA Public Resources Code § 35630(h)(5) Protecting the shoreline from erosion by absorbing wave energy and helping to mitigate the impacts of sea level rise.
(i)CA Public Resources Code § 35630(i) Advancing the protection and restoration of eelgrass beds in California’s coastal environments, based on scientific and evidence-based approaches, is a critical strategy in enhancing California’s ability to cope with ocean acidification and hypoxia.

Section § 35631

Explanation

This law outlines the responsibilities of a council, provided there is funding, to address ocean acidification and hypoxia in California. They can set up a science task force to make sure decisions are based on the best scientific knowledge.

The council, again depending on available funds, has several duties: it must take actions to tackle these ocean issues, such as adapting climate change measures for the ocean, improving predictive models to understand what's causing these problems in California waters, and working with various agencies to set health standards for coastal waters.

Further, they need to make a detailed list of areas in California that are at risk, collaborate with other governments and private groups for joint research efforts, and identify and fill gaps in monitoring needs. From 2018 onwards, they are required to make yearly recommendations for new actions to combat these problems.

(a)CA Public Resources Code § 35631(a) Subject to the availability of funding, the council may develop an ocean acidification and hypoxia science task force to ensure that decisionmaking is supported by the best available science.
(b)CA Public Resources Code § 35631(b) Subject to the availability of funding, the council shall do both of the following:
(1)CA Public Resources Code § 35631(b)(1) Take actions to address ocean acidification and hypoxia, including, but not limited to, all of the following:
(A)CA Public Resources Code § 35631(b)(1)(A) Implement measures to facilitate climate change adaptation in the ocean, consistent with subdivision (c) of Section 71154.
(B)CA Public Resources Code § 35631(b)(1)(B) Develop, refine, and integrate predictive models that identify the relative contributions of global and local drivers of ocean acidification and hypoxia in California waters.
(C)CA Public Resources Code § 35631(b)(1)(C) Work with other agencies to coordinate and ensure that criteria and standards for coastal water health to address ocean acidification and hypoxia are developed and informed by the best available science.
(D)CA Public Resources Code § 35631(b)(1)(D) Develop a comprehensive inventory of areas in California vulnerable to ocean acidification and hypoxia.
(E)CA Public Resources Code § 35631(b)(1)(E) Facilitate agreements with other national, state, and regional governments and private entities to establish and advance joint priorities for ocean acidification and hypoxia research.
(F)CA Public Resources Code § 35631(b)(1)(F) In coordination with relevant federal, state, and academic entities, identify gaps between the monitoring of ocean acidification and hypoxia and management needs, and the actions necessary to address these gaps.
(2)CA Public Resources Code § 35631(b)(2) Beginning January 1, 2018, and annually thereafter, at its first meeting of the year, adopt recommendations for further actions that may be taken to address ocean acidification and hypoxia.

Section § 35632

Explanation

The law outlines the establishment of the Ocean Acidification and Hypoxia Reduction Program, led by the council in collaboration with the State Coastal Conservancy, to address ocean acidification and low oxygen levels. Key goals include developing projects to study how eelgrass beds help remove carbon dioxide and reduce hypoxia, identifying areas suitable for habitat conservation, and integrating carbon removal into restoration planning. The program also emphasizes using current science to guide policy. Furthermore, carbon removal methods should also offer additional benefits like supporting marine habitats and improving water quality.

(a)CA Public Resources Code § 35632(a) To the extent funds are available from bonds or other sources, the council, in consultation with the State Coastal Conservancy and other relevant entities, shall establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purpose of achieving the following goals:
(1)CA Public Resources Code § 35632(a)(1) Developing demonstration projects to research how important environmental and ecological factors interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction.
(2)CA Public Resources Code § 35632(a)(2) Generating an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be successfully applied to mitigate ocean acidification and hypoxia.
(3)CA Public Resources Code § 35632(a)(3) Incorporating consideration of carbon dioxide removal for eelgrass restoration projects during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration in addition to the habitat value.
(4)CA Public Resources Code § 35632(a)(4) Supporting science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best readily available science on strategies to reduce ocean acidification and hypoxia to implement this section.
(b)CA Public Resources Code § 35632(b) In advancing approaches in the program to remove carbon dioxide from seawater, the council shall consider approaches that provide multiple cobenefits, including, but not limited to, providing essential fish and bird habitat, improving water quality, and mitigating the impacts of sea level rise.