SENATE RULES COMMITTEE Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 651-1520 Fax: (916) 327-4478 SJR 17 UNFINISHED BUSINESS Bill No: Author: Amended: Vote: SJR 17 Corbett (D), et al. 4/25/12 21 SENATE NAT. RESOURCES & WATER COMMITTEE: 5-1, 3/27/12 AYES: Pavley, Kehoe, Padilla, Simitian, Wolk NOES: Fuller NO VOTE RECORDED: La Malfa, Cannella, Evans SENATE FLOOR: 28-9, 3/29/12 AYES: Alquist, Berryhill, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Hancock, Harman, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Yee NOES: Anderson, Dutton, Fuller, Gaines, Huff, La Malfa, Strickland, Walters, Wyland NO VOTE RECORDED: Blakeslee, Evans, Runner ASSEMBLY FLOOR: Read and adopted, 6/28/12 SUBJECT: Coastal resources: San Francisco Bay SOURCE: The Bay Institute DIGEST: This resolution declares the Legislature’s endorsement of S. 97 (Feinstein) and House Resolution 3034 (Speier), and urges the United States Congress to enact the San Francisco Restoration Act at the earliest possible time. Assembly Amendments add co-authors and are clarifying. CONTINUED SJR 17 Page 2 ANALYSIS: Resolution findings: 1. San Francisco Bay is the largest estuary on the west coast of the United States. 2. San Francisco Bay is an ecologically rich and productive estuary, but its ecological values have declined significantly as a result of physical alteration and pollution over the past 160 years. 3. San Francisco Bay is the hub of commercial activity and is home to the third largest commercial port on the west coast of the United States, has three international airports, and is vital to the economic vitality of California and of the United States. 4. Nearly $100 billion (in year 2000 dollars) worth of property along California’s coast, measured as the replacement value of buildings and contents, is at risk of flooding from a 100-year event with a 1.4 meter sea-level rise if no adaptation actions are taken. An overwhelming twothirds of that property is concentrated on San Francisco Bay. 5. Building or strengthening levees and seawalls simply to protect existing high‐value development along the San Francisco Bay shoreline was estimated to require an immediate capital investment of approximately $1 billion (in year 1990 dollars) and requires an additional $100 million per year in ongoing maintenance. 6. Restoration of San Francisco Bay wetlands can dramatically improve the effectiveness of flood management efforts in San Francisco Bay by performing the functions of man-made structures in key locations. 7. Restoration of San Francisco Bay wetlands can dramatically reduce the costs of providing flood protection for the developed shoreline by supplanting the need for man-made structures in key locations. 8. California Senator Dianne Feinstein has introduced S. 97 and California Congresswoman Jackie Speier has introduced H.R. 3034, the San Francisco Bay Restoration Act, to provide federal matching funds to CONTINUED SJR 17 Page 3 accelerate the restoration of San Francisco Bay’s wetlands for, among others, the purpose of adapting to ongoing sea level rise. Background The San Francisco Bay Restoration Act (SFBRA) has been introduced both in S.97 (Feinstein) and H.R. 3034 (Speier), and is currently under consideration in the U.S. Congress. The San Francisco Bay Restoration Act amends the Federal Water Pollution Control Act (Clean Water Act) to establish a San Francisco Bay Restoration Grant Program. Under this program, an annual list would be compiled by the administrator of the EPA that would prioritize activities, projects, and studies to be funded that would advance the goals stated in the San Francisco Estuary Partnership’s Comprehensive Conservation and Management Plan. The San Francisco Estuary Partnership (SFEP), the state of California, and affected stakeholders would be consulted during development of the priority list. Federal grant funding for activities, projects or studies under the program will not exceed 75 percent of the total cost of the activity, project or study. The current versions of the two bills provide federal funding of either $5,000,000 (Senate version) or $20,000,000 (House version) for each fiscal year 2012-2016. The SFEP (formerly The San Francisco Estuary Project) was established by Congress in 1987 and is one of the original national estuary programs designated by the EPA following the creation of Section 320: The National Estuary Program (NEP). The goal of the SFEP is to “restore and maintain the chemical, physical, and biological integrity of the Estuary” through the development and implementation of a Comprehensive Conservation and Management Plan (CCMP). The San Francisco Estuary CCMP is a collaboratively produced, consensusbased agreement about what should be done to protect and restore the estuary. The initial CCMP was completed by the SFEP in 1993 and was most recently updated in 2007. The CCMP outlines nine program areas with specific goals and actions for each program area. These program areas include: Aquatic Resources Wildlife CONTINUED SJR 17 Page 4 Wetlands Management Water Use Pollution Prevention and reduction Dredging and Waterway Modification Land Use and Watershed Management Public Involvement and Education Research and Monitoring This resolution declares the Legislature’s endorsement of S. 97 and H.R. 3034, and urges the United States Congress to enact the San Francisco Restoration Act at the earliest possible time. FISCAL EFFECT: Fiscal Com.: No SUPPORT: (Verified 6/28/12) The Bay Institute (source) Marin Audubon Society PRBO Conservation Science San Francisco Estuary Partnership Save the Bay The San Francisco Bay Joint Venture ARGUMENTS IN SUPPORT: The Bay Institute states that “the greatest threat to low-lying development around the Bay over the next 50 years will be from storms as sea level rises.” The natural marshes that once existed in the Bay were such effective barriers against the erosive forces of wind and wave that early settlers mistook them for islands. Employing the concept of nature’s “horizontal levee,” over 100,000 acres of the Bay’s historic tidal marshes would serve as an offshore barrier against rising tides. The San Francisco Bay Restoration Act would provide the needed funding to help implement such actions in the CCMP as enabling the Bay’s marsh restoration project to be completed quickly so that the horizontal levee can start to perform its critical role in flood protection over the coming decades. The other supporters of this resolution cite the importance of the San Francisco Bay to fish and wildlife and the disparity in federal funding between San Francisco Bay and other watershed programs. CTW:do 6/28/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****