Bill Text: CA SB69 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Ocean Resiliency Act of 2019.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2019-08-30 - August 30 hearing postponed by committee. [SB69 Detail]

Download: California-2019-SB69-Amended.html

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Amended  IN  Senate  March 06, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 69

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Introduced by Senator Wiener
(Coauthor: Assembly Member Levine)

January 09, 2019

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An act to amend Section 36002 of the Public Resources Code, Sections 5930 and 6922 of, to add Sections 5930.5 and 6921.5 to, and to add and repeal Section 1127 of, the Fish and Game Code, to add Chapter 9 (commencing with Section 39950) to Part 2 of Division 26 of the Health and Safety Code, to amend Sections 4582.71, 10001, 10004, 10005, and 71205.3 of, to add Sections 5814.5, 5818.3, 35626, 35633, and 35634 to, and to add Chapter 5 (commencing with Section 35655) to Division 26.5 of, the Public Resources Code, and to amend Section 13170.3 of, to add Sections 11916, 13170.4, and 13247.5 to, and to add Article 4.5 (commencing with Section 13278) to Chapter 4 of Division 7 of, the Water Code, relating to ocean resources management. public resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 69, as amended, Wiener. Ocean resources management: state policy. Resiliency Act of 2019.

(1) Existing law requires the Fish and Game Commission to establish fish hatcheries for the purposes of stocking the waters of California with fish, and requires the Department of Fish and Wildlife to maintain and operate those hatcheries.

This bill would require the department to undertake a pilot project to assess the effectiveness of parentage-based tagging, as defined, in improving the management of central valley Chinook salmon hatcheries and in rebuilding salmon runs and the California salmon fishing industry. The bill would require the department to enter into an agreement with the University of California, or a similar entity with a proven record of working with parentage-based tagging, to assist in the design, implementation, and evaluation of the pilot project. The bill would require the department to begin implementation of the pilot project by July 1, 2021, and to conclude the pilot project no later than 5 years after implementation of the pilot project has begun. The bill would require the department to submit to the Legislature a report by July 1, 2021, summarizing progress in implementing the pilot project and a final report no later than one year after the conclusion of the pilot project summarizing the results of the pilot project.

(2) Existing law requires the Department of Fish and Wildlife to examine, from time to time, all dams in all rivers and streams in the state naturally frequented by fish.

This bill would instead specify that the department is required to undertake this duty at least every 5 years. The bill would also require the department on or before January 1, 2022, and every 5 years thereafter, to identify dams within the state for removal that are a priority for removal to protect and conserve fish and wildlife in accordance with a specified state policy. The bill would require the department, in consultation with the Department of Water Resources, to develop a schedule and funding proposal to initiate the removal of those dams identified by the department.

(3) The Salmon, Steelhead Trout, and Anadromous Fisheries Program Act requires the Department of Fish and Wildlife, with the advice of the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee, to prepare and maintain a detailed and comprehensive program composed of specified elements for the protection and increase of salmon, steelhead trout, and anadromous fisheries. The act requires the department to consult with every public agency whose policies or decisions may affect the goals of the program. The act declares it the policy of the state and the department to encourage specified nonprofit salmon release and return operations operated by, or on behalf of, licensed commercial salmon fishermen for the purpose of enhancing California’s salmon populations and increasing the salmon harvest by commercial and recreational fishermen. The act requires the department, to the extent that funds and personnel are available, to cooperate with fishing organizations in the siting and establishment of those operations to ensure the protection of natural spawning stocks of native salmon.

This bill would require department, in coordination with the above-described advisory committees, to develop, as an element of the program, a policy by January 1, 2022, for the use of releases, including in-river and ocean net pen releases, of salmon produced in state managed and comanaged hatcheries during periods of drought or in other circumstances that result in significantly abnormal levels of mortality during onsite releases. The bill would also require the department, no later than January 1, 2022, in consultation with those advisory committees, to develop and implement at least one additional ocean-based offsite hatchery salmon release operation.

(4) Existing law requires the Director of Fish and Wildlife to identify and list those streams and watercourses in the state, meeting designated conditions, for which minimum flow levels need to be established in order to assure the continued viability of stream-related fish and wildlife resources. Existing law requires the director to prepare proposed streamflow requirements for each identified stream or watercourse and, upon completion of the proposed streamflow requirements for any individual stream or watercourse, to transmit these proposed requirements to the State Water Resources Control Board. Existing law requires the Department of Fish and Wildlife to initiate studies to develop those requirements for those streams or watercourses in each fiscal year for which funds are appropriated and to complete studies on each stream or watercourse within 3 years. Existing law declares legislative intent that the department develop a program that will initiate studies on at least 10 streams or watercourses in each fiscal year. Existing law requires the department to impose and collect a filing fee of $850 from a user of water for certain types of permit applications filed with the state board to defray the cost of identifying streams and providing those studies. Existing law requires the state board to forward these fees to the department every 6 months.

This bill would name the list of streams and watercourses identified by the director for these purposes as the California Endangered Rivers List. The bill would require the department to develop a program that will initiate studies on at least 3 streams or watercourses in each fiscal year. The bill would require the department to return the filing fees collected in a fiscal year to the state board for deposit in the Water Rights Fund if the department fails to initiate studies on at least 3 streams or watercourses in that fiscal year.

(5) Existing law establishes the State Air Resources Board and vests the state board with regulatory jurisdiction over air quality issues.

This bill would require the state board to develop and implement a voluntary vessel speed reduction incentive program for the Santa Barbara Channel and San Francisco Bay area regions to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would require the state board to implement the program by July 1, 2020, and would require the state board to submit a report to the Legislature by December 31, 2022, regarding the implementation of the program.

(6) Existing law requires the Natural Resources Agency to update all of the state’s existing wetlands inventory resources in order to prepare a study to accomplish specified goals, and to report the study to the Legislature no later than January 1, 2003.

This bill would require the agency to inventory the state’s existing coastal wetlands resources and prepare a new study that meets these goals, and to submit the study to the Legislature on or before January 1, 2023. The bill would require the study to be updated, at a minimum, once every 5 years after January 1, 2023.

(7) Under existing law, the Budget Act of 2018, $6,000,000 was appropriated to the State Coastal Conservancy for support or local assistance to implement a beneficial reuse pilot program for dredged sediment in the Redwood City Harbor. Under existing law, this money is available for encumbrance or expenditure until June 30, 2020, and for liquidation until June 30, 2023.

This bill would require the conservancy to submit a report, as provided, to the Legislature on that pilot program on or before December 31, 2022, and, upon appropriation by the Legislature, would require the conservancy to develop, in coordination with the United States Army Corps of Engineers, a beneficial reuse program to place and reuse dredged sediment for coastal wetland restoration projects.

(8) Existing law requires the Ocean Protection Council, in consultation with the State Coastal Conservancy and other relevant entities, to the extent funds are available from bonds or other sources, to establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purposes of achieving specified goals.

On or before December 1, 2022, this bill would require the council to submit a report, as provided, to the Legislature and relevant state entities on the state’s progress toward meeting specified goals regarding use of low-trophic mariculture to mitigate and adapt to climate change impacts, such as ocean acidification and warming and sea level rise, and acceleration of local restoration plans to restore 8,000 acres of San Francisco Bay shellfish, native oyster reefs, and kelp forests to sequester carbon, combat ocean acidification, and protect shorelines from sea level rise.

(9) Existing law, subject to the availability of funding, authorizes the Ocean Protection Council to develop an ocean acidification and hypoxia science task force to ensure that decisionmaking is supported by the best available science, and requires the council to take specified actions to address ocean acidification and hypoxia, as prescribed, and, 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.

This bill would require the council to, on or before December 31, 2020, establish a representative statewide advisory group to advise the state on its policy, management, science, and communications priorities and strategies to address ocean acidification and hypoxia. The bill would require the Secretary of the Natural Resources Agency to direct the council to, on or before December 31, 2021, conduct a statewide vulnerability assessment to identify the risks ocean acidification poses to the state’s biological resources, communities, and economies within the context of other ongoing environmental changes and hazards, and to identify priorities and options for actions to improve the state’s adaptive capacity to address ocean acidification and hypoxia.

(10) Existing law requires the Natural Resources Agency to update every 3 years the state’s climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors.

This bill would require the Secretary of the Natural Resources Agency to implement a comprehensive, coordinated, and proactive program for ocean and coastal habitats to enhance the state’s ability to adapt to the unavoidable impacts of climate change, as specified. The bill would provide that these provisions shall be implemented only to the extent that implementation of these provisions is consistent with federal law.

(11) Existing law, the Marine Invasive Species Act, requires the State Lands Commission to adopt specified regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement and comply with an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.

This bill would require the State Water Resources Control Board, instead of the commission, to adopt these regulations, as specified.

(12) Existing law requires the Department of Water Resources to supervise the maintenance and operation of dams and reservoirs as necessary to safeguard life and property. Under existing law, the department operates the State Water Resources Development System, also known as the State Water Project, composed of the state water facilities, including Oroville Dam.

Existing law requires the incorporation into certain water projects of features that the department determines necessary or desirable for the preservation of fish and wildlife, and necessary or desirable to permit, on a year-round basis, full utilization of the project for the enhancement of fish and wildlife and for recreational purposes to the extent that those features are consistent with other uses of the project, if any.

This bill would require the department to immediately reinitiate the effort, as described in a specified proposed settlement for Oroville Dam and related facilities, to select a final alternative and a final project design for the retrofit of Thermalito Afterbay to improve downstream temperature conditions on the Feather River for salmon and other species. The bill would require, on or before March 31, 2020, the department to appoint and convene an advisory committee to assist in the selection of a preferred alternative and a final project design for the Thermalito Afterbay retrofit. The bill would require the department to annually submit a report to the Legislature regarding progress toward the selection of a preferred alternative and a final project design for the Thermalito Afterbay retrofit.

(13) Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the 9 California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act requires the state board to formulate and adopt state policies for water quality control and to formulate, adopt, and review a water quality control plan for the ocean waters of the state, known as the California Ocean Plan, and a water quality control plan for enclosed bays and estuaries, known as the California Enclosed Bays and Estuaries Plan, as prescribed. The act required the state board, on or before January 1, 2013, to either amend the California Ocean Plan, or adopt separate standards, to address water quality objectives and effluent limitations that are specifically appropriate to brackish groundwater treatment system facilities that produce municipal water supplies for local use.

This bill would require the state board, on or before December 31, 2022, to amend the California Ocean Plan and the California Enclosed Bays and Estuaries Plan to include water quality objectives and effluent limitations that specifically address ocean acidification and hypoxia. The bill would require the water quality objectives and effluent limitations to include implementation provisions, including, but not limited to, requiring all publicly operated wastewater treatment facilities that discharge to waters subject to the plans to adopt, incorporate, or improve denitrification protocols. By imposing additional requirements on publicly operated wastewater treatment facilities, the bill would impose a state-mandated local program. The bill would also require the state board to rescind a specified resolution relating to the California Ocean Plan.

(14) Existing law establishes the Marine Managed Areas Improvement Act, which, among other things, prescribes 6 classifications for designating managed areas in the marine and estuarine environments to ensure the long-term ecological viability and biological productivity of marine ecosystems and to preserve cultural resources in the coastal sea, including state water quality protection areas. The act defines state water quality protection areas for the purposes of the act as including areas of special biological significance.

This bill would prohibit waste from being discharged into areas of special biological significance, as provided. The bill would authorize the California regional water quality control boards, notwithstanding that prohibition, to approve waste discharge requirements or water quality certifications for limited-term activities in areas of special biological significance in accordance with specified conditions. The bill would require the State Water Resources Control Board to provide guidance to the regional boards on how to designate state water quality protection areas and would require a regional board to designate one state water quality protection area annually until all marine protected areas in the regional board’s jurisdiction have an associated state water quality protection area.

(15) The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The act requires the department, upon receipt of a timber harvesting plan, to transmit a copy to, among other entities, the appropriate California regional water quality control board, and prohibits a timber harvesting plan from being approved if the appropriate regional board finds, based on substantial evidence, that the timber operations proposed in the plan will result in a discharge into a watercourse that has been classified as impaired due to sediment pursuant to federal law, that causes or contributes to a violation of the regional water quality control plan. The act requires the State Board of Forestry and Fire Protection to adopt district forest practice rules and regulations, as provided, to ensure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water resources.

Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the regional boards prescribe waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state.

This bill would instead prohibit a timber harvesting plan from being approved unless the appropriate regional board finds that the timber operations proposed in the plan will not result in a discharge into a watercourse that has been classified as impaired due to sediment pursuant to federal law, that causes or contributes to a violation of the regional water quality control plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement.

The bill would impose various forest practice requirements on a person who discharges sediment into a Class I, II, or III watercourse pursuant to a timber harvesting plan and would require the regional boards to incorporate those requirements into any applicable waste discharge requirements to manage controllable sources of sediment, achieve water quality objectives, and protect beneficial uses. The bill would provide that any requirements in the forest practice rules adopted by the State Board of Forestry and Fire Protection that contain more stringent sediment control standards shall prevail over the requirements established in the bill, and would incorporate definitions from the forest practice rules and regulations into the bill’s provisions.

The bill would require a regional board, upon receipt of a timber harvesting plan submitted by the Department of Forestry and Fire Protection, to expeditiously review the plan for consistency with any applicable regional water quality control plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement, and to notify the department of any inconsistencies it finds.

(16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the California Ocean Resources Management Act of 1990, declares that it is the policy of the State of California to take specified actions related to the preservation, protection, development, and enhancement of the state’s ocean resources and ensure coordinated management of ocean resources with appropriate federal, state, and local agencies.

This bill would make nonsubstantive changes in these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 This act shall be known, and may be cited, as the Ocean Resiliency Act of 2019.

SEC. 2.

 The Legislature finds and declares all of the following:

(a) Coastal and ocean ecosystems are significantly impacted by climate change, which harms the industries and communities that depend on those ecosystems. These effects are expected to worsen without immediate and sustained action.

(b) Ocean acidification, hypoxia, and other changing ocean conditions in California waters present a significant and direct threat to marine life and ecosystems, fisheries, and farmed shellfish, negatively impact many shell-forming species, including oysters, mussels, abalone, crabs, and the microscopic plankton that form the base of the oceanic food chain, and cause significant changes in behavior and physiology of fish and invertebrates.

(c) Scientific evidence suggests that well-designed marine protected area networks can contribute to the protection and resilience of marine species as ocean conditions change. California has invested significant resources in establishing a globally recognized marine protected area network, which protects marine species and habitats, and safeguards California’s coastal resources and economy.

(d) It is the policy of the state that the protection, enhancement, and management of coastal and ocean resources and anadromous fishery resources are critical to enhance climate resiliency and to improve the state’s ability to mitigate and adapt to the impacts of climate change. The protection, enhancement, and management of physical, biological, and chemical function of these resources can result in enhanced ecosystem function and carbon sequestration, which removes carbon from the atmosphere, while reducing ocean acidification and other harmful changes to ocean chemistry.

(e) The protection of riparian areas that facilitate the growth of anadromous fisheries is critically important for ocean and coastal ecosystem health and resilience. Most of the rivers in the State of California are known to be impaired by sediment pollution, and research and scientific evidence demonstrate that inappropriate timber harvesting practices are responsible for extensive water quality impairment due to ineffective and inconsistent oversight.

(f) Enhancing the resilience of coastal and ocean resources provides multiple public benefits, including, but not limited to, assisting with adaptation to the impacts of climate change, improving water quality and ecosystem health, conserving public trust fisheries resources, improving coastal economies, and helping communities become more resilient to climate change impacts.

SEC. 3.

 Section 1127 is added to the Fish and Game Code, to read:

1127.

 (a) The department shall undertake a pilot project to assess the effectiveness of parentage-based tagging, as defined in subdivision (k), in improving the management of central valley Chinook salmon hatcheries and in rebuilding salmon runs and the California salmon fishing industry.

(b) The pilot project shall do all of the following:

(1) Include the development and implementation of a genetic testing protocol using parentage-based tagging to provide data required to evaluate and improve hatchery and salmon management.

(2) Compare parentage-based tagging with the current tagging technologies used by central valley hatcheries.

(3) Evaluate the extent to which parentage-based tagging can increase the flexibility of hatchery managers to release juvenile salmon at optimal times.

(4) Evaluate whether earlier releases of hatchery-spawned juvenile salmon during high river flows can significantly increase the survival of juvenile hatchery salmon, both to increase spawning populations and to benefit the sport and commercial salmon fishing industry.

(5) Include the genetic testing of adult salmon, maintenance of a database of adult salmon that have been genetically tested, and analysis of the results of the pilot project.

(6) Make data and analysis completed for the pilot project publicly available in a timely manner on an internet website.

(c) The department shall enter into an agreement with the University of California, or a similar entity with a proven record of working with parentage-based tagging, to assist in the design, implementation, and evaluation of the pilot project. This subdivision shall apply to the University of California only if the Regents of the University of California, by resolution, make it applicable to the university.

(d) The department shall begin implementation of the pilot project by July 1, 2021. The pilot project shall conclude no later than five years after implementation of the pilot project has begun.

(e) The department shall select the central valley hatchery or hatcheries to be included in the pilot project. The department may modify hatchery facilities and operations as required to implement the pilot project.

(f) The department may collaborate with federal hatchery managers in designing and implementing the pilot project.

(g) The pilot project shall not include the use of parentage-based tagging to manage salmon fisheries.

(h) The department shall form an advisory committee for the pilot project, including scientists and representatives from salmon fishing community nongovernmental organizations. The department and the entity that the department enters into an agreement with pursuant to subdivision (c) shall consult with the advisory committee during the design, implementation, and evaluation of the pilot project.

(i) (1) (A) No later than July 1, 2021, the department shall submit a report to the Legislature summarizing the progress in implementing the pilot project.

(B) No later than one year after the conclusion of the pilot project, the department shall submit a final report to the Legislature that summarizes the results of the pilot project, including potential benefits for juvenile salmon survival and the salmon fishing industry, and includes recommendations, as appropriate, to expand the use of parentage-based tagging and to modify the use of existing tagging technology. Before submitting the final report to the Legislature, the department shall submit a copy of the final draft to the advisory committee formed pursuant to subdivision (h) and provide the advisory committee an opportunity to review and provide comments on the final draft. The department may take the advisory committee’s comments into consideration and may revise the final draft based on those comments before submitting the final report to the Legislature.

(2) The reports to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(j) It is the intent of the Legislature that the cost of the pilot project shall be shared equally between the department and the contractors of the State Water Project.

(k) For purposes of this section, “parentage-based tagging” means a genetic-based fish tagging method that involves DNA testing of broodstock whereby parent fish used for hatchery production are genetically sampled at spawning, allowing the parentage of adult salmon to be determined when they are harvested in the recreational or commercial fisheries, or after they return to spawn.

(l) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed.

SEC. 4.

 Section 5930 of the Fish and Game Code is amended to read:

5930.

 The department shall, from time to time, at least every five years, examine all dams in all rivers and streams in this State state naturally frequented by fish.

SEC. 5.

 Section 5930.5 is added to the Fish and Game Code, to read:

5930.5.

 (a) On or before January 1, 2022, and every five years thereafter, the department shall identify dams within the state for removal that are a priority for removal to protect and conserve fish and wildlife in accordance with the policy stated in Section 1600.

(b) On or before January 1, 2025, the department, in consultation with the Department of Water Resources, shall develop a schedule and funding proposal to initiate the removal of dams identified pursuant to subdivision (a).

SEC. 6.

 Section 6921.5 is added to the Fish and Game Code, to read:

6921.5.

 No later than January 1, 2022, the department shall, in consultation with the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee, develop and implement at least one additional ocean-based offsite hatchery salmon release operation.

SEC. 7.

 Section 6922 of the Fish and Game Code is amended to read:

6922.

 The program shall include, but is not limited to, all of the following elements:

(a) Identification of streams where the natural production of salmon and steelhead trout can be increased primarily through the improvement of stream and streambank conditions without effect on land ownership, land use practices, or changes in streamflow operations.

(b) Identification of streams where the natural production of salmon and steelhead trout can be increased only through the improvement of land use practices or changes in streamflow operations.

(c) Identification of streams where the protection of, and increase in, salmon and steelhead trout resources require, as a result of significant prior loss of stream habitat, the construction of artificial propagation facilities.

(d) A program element for evaluating the effectiveness of the program.

(e) Recommendations for an organizational structure, staffing, budgeting, long-term sources of funding, changes in state statutes and regulations and federal and local government policy and such other administrative and legislative actions as the department finds to be necessary to accomplish the purposes of this chapter.

(f) Identification of measures to protect and increase the production of other anadromous fisheries consistent with policies set forth in Section 6902.

(g) Identification of alternatives to, or mitigation of, manmade factors which cause the loss of juvenile and adult fish in California’s stream system.

(h) Development of a policy by January 1, 2022, for the use of releases, including in-river and ocean net pen releases, of salmon produced in state managed and comanaged hatcheries during periods of drought or in other circumstances that result in significantly abnormal levels of mortality during onsite releases. In developing this policy, the department shall coordinate with the Advisory Committee on Salmon and Steelhead Trout and the Commercial Salmon Trollers Advisory Committee and may coordinate with other state agencies, the United States Fish and Wildlife Service, and the National Marine Fisheries Service.

SEC. 8.

 Chapter 9 (commencing with Section 39950) is added to Part 2 of Division 26 of the Health and Safety Code, to read:

CHAPTER  9. Voluntary Vessel Speed Reduction Incentive Program

39950.

 (a) The state board shall develop and implement a voluntary vessel speed reduction incentive program for the Santa Barbara Channel and San Francisco Bay area regions to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts.

(b) As part of the program, the state board shall do all of the following:

(1) Collect data on ship speeds in other regions of the California coast in order to analyze the program for future refinement or expansion, or both.

(2) Provide financial incentives to program participants during peak ozone and whale seasons.

(3) Provide financial incentives to program participants based on percent of distance traveled by a participating vessel through a vessel speed reduction zone established by the state board at 10 knots or less.

(c) The state board may impose additional qualifying criteria on individual transit speeds, for example, maximum speed in transit or maximum transit average speed, in order to receive financial incentives under the program.

(d) The state board shall provide financial incentives pursuant to this section upon appropriation by the Legislature of funds made available for this program.

(e) The state board shall implement the program by July 1, 2020, and report to the Legislature regarding the implementation of the program by December 31, 2022. The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 9.

 Section 4582.71 of the Public Resources Code is amended to read:

4582.71.

 (a) A timber harvesting plan may shall not be approved if unless the appropriate regional water quality control board finds, based on substantial evidence, finds that the timber operations proposed in the plan will not result in a discharge into a watercourse that has been classified as impaired due to sediment sediment, pursuant to subsection (d) of Section 303 of the Federal Water Pollution Control Act, that causes or contributes, contributes to a violation of the regional water quality control plan. plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement.

(b) The exercise of a regional water quality control board’s authority pursuant to subdivision (a) may be delegated to the executive officer of that regional water quality control board as long as the executive officer’s determination is subject to review by that regional water quality control board upon request of the person that has submitted the timber harvesting plan or upon motion of that regional water quality control board.

(c) If the appropriate regional water quality control board makes a finding pursuant to subdivision (a), that a timber harvesting plan will result in a discharge into a watercourse that has been classified as impaired due to sediment, pursuant to subsection (d) of Section 303 of the Federal Water Pollution Control Act, that causes or contributes to a violation of the regional water quality control plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement, the executive officer of that regional water quality control board shall, before the close of the public comment period under Section 4582.7, notify the director in writing of the finding and advise the director that the timber harvesting plan may shall not be approved. If the issues that lead to a regional water quality control board’s finding pursuant to subdivision (a) cannot be resolved during the director’s determination period under Section 4582.7 or a longer period that is mutually agreeable to the director and the person that submitted the timber harvesting plan, the director shall deny the timber harvesting plan and return the plan to the person that submitted it. The director shall advise the person that submitted the timber harvesting plan of the reasons why the plan is being returned.

SEC. 10.

 Section 5814.5 is added to the Public Resources Code, to read:

5814.5.

 (a) It is the policy of the state that all state government coastal wetland programs and policies ensure an overall net gain of coastal wetlands.

(b) The agency shall inventory the state’s existing coastal wetlands resources and prepare a study that meets the goals specified in paragraphs (1) to (8), inclusive, of subdivision (a) of Section 5814. On or before January 1, 2023, the agency shall submit the study to the Legislature, pursuant to Section 9795 of the Government Code. The agency, in coordination with the State Coastal Conservancy, the Department of Fish and Wildlife, and the state’s wetland and riparian area monitoring program and surface water ambient monitoring program, shall include both of the following in the study:

(1) A determination of a baseline for coastal wetlands, including intertidal and subtidal eelgrass beds.

(2) An implementation plan to achieve an annual net gain of ecologically functioning coastal wetlands within the state.

(c) The agency shall update the study described in subdivision (b), at a minimum, once every five years after January 1, 2023.

(d) For purposes of this section, “coastal wetlands” means lands within the coastal zone that may be covered periodically or permanently with shallow water and includes saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

SEC. 11.

 Section 5818.3 is added to the Public Resources Code, to read:

5818.3.

 (a) On or before December 31, 2022, the State Coastal Conservancy shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on the conservancy’s beneficial reuse pilot program for dredged sediment in Redwood City Harbor that received six million dollars ($6,000,000) pursuant to Item 3760-101-0001 of Section 2.00 of Chapter 29 of the Statutes of 2018. The report shall include how these funds were used, how these funds were leveraged with federal partnerships, the benefits obtained by the pilot program, budget estimates to make the pilot program permanent, and recommendations to the Legislature on how to improve the pilot program.

(b) Upon appropriation by the Legislature, the State Coastal Conservancy, in partnership with the United States Army Corps of Engineers, shall develop a beneficial reuse program to place and reuse dredged sediment for coastal wetland restoration projects.

SEC. 12.

 Section 10001 of the Public Resources Code is amended to read:

10001.

 The Director of Fish and Game Wildlife shall establish a California Endangered Rivers List. The director shall identify and list include in the California Endangered Rivers List those streams and watercourses throughout the state for which minimum flow levels need to be established in order to assure the continued viability of stream-related fish and wildlife resources. The director shall include in this identification list the California Endangered Rivers List those streams and watercourses the director determines are significant, along with a statement of findings as to why that stream or watercourse was selected. The identification list California Endangered Rivers List required by this section shall rank the streams and watercourses beginning with those where the need for establishing minimum flow levels is the greatest. The director, at his discretion, director may revise the list California Endangered Rivers List and may add or delete streams or watercourses as circumstances require. The initial identification list required by this section shall be completed no later than January 1, 1984. The director shall annually post the California Endangered Rivers List on the Department of Fish and Wildlife’s internet website.

SEC. 13.

 Section 10004 of the Public Resources Code is amended to read:

10004.

 The Department of Fish and Game Wildlife shall initiate studies to develop proposed streamflow requirements for those streams or watercourses in each fiscal year for which funds are appropriated from revenues from fees imposed pursuant to Section 10005 and shall complete studies on each stream or watercourse within three years. It is the intent of the Legislature that the The department shall develop a program that will initiate studies on at least 10 three streams or watercourses in each fiscal year.

SEC. 14.

 Section 10005 of the Public Resources Code is amended to read:

10005.

 (a) The Department of Fish and Game Wildlife shall impose and collect a filing fee of eight hundred fifty dollars ($850) to defray the costs of identifying streams and providing studies pursuant to Division 10 (commencing with Section 10000) of the Public Resources Code. this division.

(b) The filing fee shall be proportional to the cost incurred by the Department of Fish and Game Wildlife and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the costs of the Department of Fish and Game Wildlife as specified in subdivision (a).

(c) Any user of water, including a person or entity holding riparian or appropriative rights, shall pay the filing fee to the Department of Fish and Game Wildlife upon application to the State Water Resources Control Board for any permit, transfer, extension, or change of point of diversion, place of use, or purpose of use, if there is a diversion of water from any waterway where fish reside. No permit, or other entitlement identified in this section section, is effective until the filing fee is paid. The State Water Resources Control Board shall, every six months, forward all fees collected to the department Department of Fish and Wildlife and provide the location for each entitlement for which a filing fee has been collected.

(d) The fee imposed by this section shall not be imposed on the following applications filed with the State Water Resources Control Board:

(1) Small domestic use registrations and livestock stockpond certificates submitted pursuant to Article 2.7 (commencing with Section 1228) of Chapter 2 1 of Part 2 of Division 2 of the Water Code.

(2) The first application for an extension of time for an individual permit if no change in point of diversion, place of use, or purpose of use is included in the application.

(3) Water applications which, that, in the opinion of the Department of Fish and Game, Wildlife, are filed for administrative and technical clarification purposes only.

(4) Water applications or petitions, the primary purpose of which is to benefit fish and wildlife resources. The determination of the benefit to fish and wildlife shall be made, in writing, by the Department of Fish and Game Wildlife in order to be exempt from the fee.

(e) If an applicant or petitioner files multiple applications or petitions for the same appropriation, transfer, extension, or change, and the State Water Resources Control Board reviews and considers the applications or petitions together, only one filing fee is required for those applications or petitions.

(f) If the Department of Fish and Wildlife fails to initiate studies for at least three streams or watercourses in a fiscal year in accordance with Section 10004, the Department of Fish and Wildlife shall return any filing fees received pursuant to subdivision (c) for that fiscal year to the State Water Resources Control Board. The State Water Resources Control Board shall deposit any funds received pursuant to this subdivision in the Water Rights Fund and may use those funds, upon appropriation by the Legislature, for the purposes specified in Section 1257.5 of the Water Code.

SEC. 15.

 Section 35626 is added to the Public Resources Code, to read:

35626.

 (a) On or before December 1, 2022, the council shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, and relevant state entities on the state’s progress toward meeting the following goals:

(1) Using low-trophic mariculture, such as shellfish, kelp, and seaweed production, to mitigate and adapt to climate change impacts, such as ocean acidification and warming and sea level rise.

(2) Accelerating local restoration plans to restore 8,000 acres of San Francisco Bay shellfish, native oyster reefs, and kelp forests to sequester carbon, combat ocean acidification, and protect shorelines in the face of sea level rise.

(b) The report described in subdivision (a) shall include, at a minimum, all of the following:

(1) A report on the state’s progress toward meeting the goals described in paragraphs (1) and (2) of subdivision (a) and the main barriers to reaching these goals both statewide and within the state’s regions.

(2) Consideration of the beneficial use of low-trophic mariculture systems to help address ocean acidification, habitat loss, nitrification, and pollution; movement of marine sediments, sea level rise, and storm preparedness; and food security and access to farming opportunities.

(3) A discussion of potential improvements to the current leasing, permitting, and oversight processes in connection with the low-trophic mariculture industry, including, but not limited to, all of the following:

(A) The potential of pilot programs to test such potential improvements.

(B) Increased funding to relevant agencies and the feasibility of transitioning to a fee-for-service model in different aspects of the low-trophic mariculture industry.

(C) The increased use of experimental or proof-of-concept permits.

(D) Improved federal partnerships.

(4) Workforce development and access to capital among potential mariculturalists.

(5) Ultimate potential size and scope of the low-trophic mariculture industry, both statewide and within the state’s regions, and future goal setting.

SEC. 16.

 Section 35633 is added to the Public Resources Code, to read:

35633.

 On or before December 31, 2020, the council shall establish a representative statewide advisory group that includes the diverse interests that will affect and be affected by ocean acidification and technical and policy experts, including fishing, aquaculture, agriculture, Indian tribes, municipalities, counties, water management, conservation, and wastewater treatment experts, representatives of relevant state and, if possible, federal agencies, and scientists from relevant disciplines. The statewide advisory group shall advise the state on its policy, management, science, and communications priorities and strategies to address ocean acidification and hypoxia.

SEC. 17.

 Section 35634 is added to the Public Resources Code, to read:

35634.

 The Secretary of the Natural Resources Agency shall direct the council to, on or before December 31, 2021, conduct a statewide vulnerability assessment to identify the risks ocean acidification poses to the state’s biological resources, communities, and economies within the context of other ongoing environmental changes and hazards, and to identify priorities and options for action to improve the state’s adaptive capacity to address ocean acidification and hypoxia.

SEC. 18.

 Chapter 5 (commencing with Section 35655) is added to Division 26.5 of the Public Resources Code, to read:

CHAPTER  5. Natural Resources Agency Blue Carbon Strategy

35655.

 This chapter shall be known, and may be cited, as the Natural Resources Agency Blue Carbon Strategy.

35656.

 For purposes of this chapter, “secretary” means the Secretary of the Natural Resources Agency.

35657.

 (a) The secretary shall implement a comprehensive, coordinated, and proactive program for ocean and coastal habitats to enhance the state’s ability to adapt to the unavoidable impacts of climate change, with a special focus on vulnerable communities, ecological habitats, and industries that are disproportionately affected by climate change.

(b) In implementing the program described in subdivision (a), the secretary shall emphasize a blue carbon strategy to improve ocean and coastal habitats and ecosystems’ abilities to sequester carbon, especially by ensuring a healthy biomass of ocean vegetation and associated food webs. The strategy shall include, at a minimum, policies that identify and reduce ocean acidification hot spots, improve water quality in the state’s marine protected areas, improve the ecological health of coastal ecosystems, remove barriers to improve river flows, and protect and restore ocean and coastal vegetated habitats that are important for carbon storage, including coastal marshes, seagrass meadows, and kelp forests.

(c) To maximize impact and coordination, the secretary shall coordinate with, among other entities, the State Air Resources Board, the California Environmental Protection Agency, the council, the Office of Planning and Research, the State Water Resources Control Board, and appropriate state conservancies to implement this section.

35658.

 The secretary shall use the best available science, including the following plans or reports, to implement this chapter:

(a) The plan adopted pursuant to Section 71153.

(b) The California Ocean Acidification Action Plan developed pursuant to subdivision (b) of Section 35631.

(c) The California’s Fourth Climate Change Assessment report.

(d) The Readying California Fisheries for Climate Change report.

35659.

 To maximize the impact, coordination, and efficient implementation of this chapter, the secretary shall do all of the following:

(a) Coordinate with the Governor’s cabinet members to implement this chapter.

(b) Communicate and enter into agreements with other states and international coalitions to further the policies of this chapter.

(c) Upon appropriation by the Legislature of funds under Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code, direct the State Coastal Conservancy to work with other state conservancies and the State Water Resources Control Board to develop and implement a climate resiliency grant program to assist with the implementation of this chapter.

(d) Use information and resources made available pursuant to Section 71360.

(e) On or before March 31, 2021, and on or before March 31 of every year thereafter, present progress on implementation of this chapter to appropriate policy and budget committees of the Legislature.

(f) Support efforts of, and coordinate with, the Department of Fish and Wildlife, the Department of Water Resources, and the State Water Resources Control Board to support healthy riparian corridors that improve water quality, water flow, and enhanced species protections.

(g) Work with the council to implement the California Ocean Acidification Action Plan developed pursuant to subdivision (b) of Section 35631.

(h) Identify and suggest regulatory and statutory changes required to minimize existing policies that reduce the ability for the coast and ocean ecosystems to adapt to climate change.

35660.

 The provisions of this chapter shall be implemented only to the extent that implementation of the provisions of this chapter is consistent with federal law.

SEC. 19.

 Section 71205.3 of the Public Resources Code is amended to read:

71205.3.

 (a) The commission board shall adopt regulations that do all of the following:

(1) Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.

(2) Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:

(A) Upon first arrival at a California port for new vessels constructed on or after January 1, 2020. 2021.

(B) As of the first scheduled drydocking on or after January 1, 2020, 2021, for all other vessels.

(3) Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.

(b) (1) Not less than 18 months prior to before January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.

(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 20.

 Section 11916 is added to the Water Code, to read:

11916.

 (a) The Department of Water Resources shall immediately reinitiate the effort, as described in the proposed 2006 Federal Energy Regulatory Commission settlement for Oroville Dam and related facilities, to select a final alternative and a final project design for the retrofit of Thermalito Afterbay. The purpose of this retrofit is to improve downstream temperature conditions on the Feather River for salmon and other species. This subdivision does not modify either of the following:

(1) The requirement for authorization from the Federal Energy Regulatory Commission for the selected Thermalito Afterbay retrofit alternative before construction may begin.

(2) The financing proposal for the Thermalito Afterbay retrofit, as provided in the proposed 2006 Federal Energy Regulatory Commission settlement.

(b) On or before March 31, 2020, the Department of Water Resources shall appoint and convene an advisory committee to assist in the selection of a preferred alternative and a final project design for the Thermalito Afterbay retrofit. To the extent practicable, this advisory committee shall be consistent with the Ecological Committee included in the proposed 2006 Federal Energy Regulatory Commission settlement, except that the Department of Water Resources may appoint additional members to the advisory committee that are not included in the Ecological Committee.

(c) The Department of Water Resources shall annually submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding progress toward the selection of a preferred alternative and a final project design for the Thermalito Afterbay retrofit. This requirement shall become inoperative upon the approval of a renewed Federal Energy Regulatory Commission license for Oroville Dam and related facilities.

SEC. 21.

 Section 13170.3 of the Water Code is amended to read:

13170.3.

 (a) On or before January 1, 2013, the state board shall either amend the California Ocean Plan, or adopt separate standards, to address water quality objectives and effluent limitations that are specifically appropriate to brackish groundwater treatment system facilities that produce municipal water supplies for local use.

(b) On or before December 31, 2020, the state board shall rescind Resolution No. 2012-0012.

(c) Waste shall not be discharged into areas of special biological significance, as defined in subdivision (f) of Section 36700 of the Public Resources Code. Waste discharges shall be located a sufficient distance from areas of special biological significance to ensure maintenance of natural water quality conditions in those areas.

(d) Notwithstanding subdivision (c), a regional board may approve waste discharge requirements or water quality certifications for limited-term activities in areas of special biological significance in accordance with both of the following conditions:

(1) Water quality degradation shall be limited to the shortest possible time.

(2) The waste discharge activities shall not permanently degrade water quality.

(e) On or before December 31, 2022, the state board shall provide guidance to the regional boards on how to designate state water quality protection areas, as defined in subdivision (f) of Section 36700 of the Public Resources Code. On or before December 31, 2023, and each year thereafter, a regional board with a marine protected area, as defined in subdivision (c) of Section 2852 of the Fish and Game Code, within its jurisdiction that does not have an associated state water quality protection area shall designate one state water quality protection area annually until all marine protected areas in the jurisdiction have an associated state water quality protection area.

SEC. 22.

 Section 13170.4 is added to the Water Code, to read:

13170.4.

 (a) On or before December 31, 2022, the state board shall amend the California Ocean Plan and the California Enclosed Bays and Estuaries Plan to include water quality objectives and effluent limitations that specifically address ocean acidification and hypoxia.

(b) In conjunction with the development of the water quality objectives and effluent limitations pursuant to subdivision (a), the state board shall develop implementation provisions for complying with those objectives and limitations. The implementation provisions shall include, but are not limited to, requiring all publicly operated wastewater treatment facilities that discharge to waters subject to the California Ocean Plan or the California Enclosed Bays and Estuaries Plan to adopt, incorporate, or improve denitrification protocols to meet the water quality objectives and effluent limitations adopted pursuant to subdivision (a).

SEC. 23.

 Section 13247.5 is added to the Water Code, to read:

13247.5.

 (a) Upon receipt of a timber harvesting plan submitted by the Department of Forestry and Fire Protection pursuant to subdivision (a) of Section 4582.6 of the Public Resources Code, a regional board shall expeditiously review the plan for consistency with any applicable regional water quality control plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement.

(b) If, while reviewing a timber harvesting plan pursuant to subdivision (a), a regional board makes a finding of inconsistency with a regional water quality control plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement, the regional board shall notify the Department of Forestry and Fire Protection in accordance with subdivision (c) of Section 4582.71 of the Public Resources Code.

(c) If a regional board transmits a finding pursuant to subdivision (b), the regional board shall include a description of the specific components of the timber harvesting plan that are inconsistent with the applicable regional water quality control plan, basin plan, approved total maximum daily load requirement, or approved waste discharge requirement and a recommendation for how the plan could be revised to achieve consistency.

SEC. 24.

 Article 4.5 (commencing with Section 13278) is added to Chapter 4 of Division 7 of the Water Code, to read:

Article  4.5. Dischargers of Sediment Into Class I, II, and III Watercourses

13278.

 A person who discharges sediment into a Class I watercourse pursuant to a timber harvesting plan is subject to all of the following requirements within the watercourse and lake protection zone (WLPZ) for the Class I watercourse:

(a) The minimum WLPZ width shall be 150 feet from the watercourse transition line or lake transition line. At least 85 percent overstory canopy shall be retained within 100 feet of the watercourse transition line or lake transition line, with a 30-foot no-cut buffer existing in the first 30 feet measured from the watercourse transition line or lake transition line, and at least 65 percent overstory canopy within the remainder of the WLPZ, composed of a minimum of 30 percent conifers. The overstory canopy shall be comprised of at least 25 percent overstory conifer canopy postharvest.

(b) Recruitment of large woody debris to a Class I watercourse shall be ensured by retaining the 10 largest-diameter conifers, live or dead, on each side of the watercourse, per 330 feet of stream channel length, within 50 feet of the watercourse transition line or lake transition line.

(c) All new crossings across a Class I watercourse shall either span the Class I watercourse or use an arched culvert with a natural bottom.

(d) Where an inner gorge extends beyond a WLPZ for a Class I watercourse and slopes are greater than 55 percent, a special management zone shall be established beyond the WLPZ where the use of even-aged regeneration methods is prohibited. This zone shall extend upslope to the first major break in slope where the slope is less than 55 percent for a distance of 100 feet or more, or 300 feet as measured from the watercourse transition line or lake transition line, whichever is less. Within this zone, the methods and retention standards described in Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations shall apply.

13278.1.

 A person who discharges sediment into a Class II watercourse pursuant to a timber harvesting plan is subject to all of the following requirements within the watercourse and lake protection zone (WLPZ) for the Class II watercourse:

(a) At least 85 percent overstory canopy shall be retained within 50 feet of the watercourse transition line or lake transition line. In an additional outer zone, overstory canopy closure shall be at least 65 percent. The overstory canopy in each zone shall be comprised of at least 25 percent overstory conifer canopy postharvest. The outer zone shall be 25 feet in width where the side slope class is less than 30 percent. The outer zone shall be 50 feet in width where the side slope class is 30 to 50 percent, inclusive. The outer zone shall be 75 feet in width where the side slope class is greater than 50 percent.

(b) Recruitment of large woody debris to Class II watercourses shall be ensured by retaining the five largest-diameter conifers, live or dead, on each side of the watercourse per 330 feet of stream channel length, within 50 feet of the watercourse transition line or lake transition line.

(c) All permanent Class II watercourse crossings that are constructed or reconstructed shall be placed in the bottom of the natural channel and capable of capturing low flows.

(d) Where an inner gorge extends beyond a WLPZ for a Class II watercourse and slopes are greater than 55 percent, a special management zone shall be established beyond the WLPZ where the use of even-aged regeneration methods is prohibited. This zone shall extend upslope to the first major break in slope where the slope is less than 55 percent for a distance of 100 feet or more, or 200 feet as measured from the watercourse transition line or lake transition line, whichever is less. Within this zone, the methods and retention standards described in Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations shall apply.

13278.2.

 A person who discharges sediment into a Class III watercourse pursuant to a timber harvesting plan is subject to all of the following requirements within the watercourse and lake protection zone (WLPZ) for the Class III watercourse:

(a)  At least a 25-foot protection zone shall be maintained on each side of the watercourse for slopes less than 30 percent and at least a 50-foot protection zone on each side of the watercourse shall be maintained for slopes equal to or greater than 30 percent. All trees situated within the channel zone and trees that have boles that overlap the edge of the channel zone shall be retained. Within the protection zones, at least 50 percent of the understory vegetation shall be left postharvest in an evenly distributed condition. All regeneration conifers, snags, large woody debris, and hardwoods shall be retained within the Class III protection zones except when removal is necessary for yarding and crossings.

(b) Commercial timber operations may yard through a Class III riparian management zone. Burning for purposes of site preparation shall not be initiated in the protection zones and new construction of tractor roads shall not be commenced. Ground-based equipment shall not be permitted on slopes greater than 50 percent, and ground-based operations shall be limited to existing stable tractor roads that show no visible evidence of sediment deposition being transported into the adjacent watercourse or to the use of feller bunchers or shovel yarding.

(c) All permanent Class III watercourse crossings that are constructed or reconstructed shall be placed in the bottom of the natural channel and capable of capturing low flows.

13278.3.

 A person who discharges sediment into a Class I, II, or III watercourse pursuant to a timber harvesting plan is subject to all of the following requirements within the watercourse and lake protection zone (WLPZ) for the Class I, II, or III watercourse:

(a) All permanent Class I, II, or III watercourse crossings that are constructed or reconstructed shall accommodate the estimated 100-year flood flow, including debris and sediment loads.

(b) Use of any unpaved road segments within or appurtenant to a timber harvesting plan area shall cease when precipitation is sufficient to generate overland flow off the road surface or when use of any portion of the road results in rutting of the road surface. In either of these instances, road use shall not resume until the road is dry. Access for road inspection and access to correct emergency road-related problems or to respond to human emergency situations shall be allowed at any time by a vehicle rated one ton or less.

(c) While participating in a timber harvesting plan preharvest inspections review team, a person subject to this section shall place a high priority on the appropriate classification of all Class I, II, and III watercourses and identification and remediation of road-related sources of sediment likely to recruit into watercourses.

(d) Areas proposed for timber operations shall be assessed for erosion potential using all available tools and methods, including, but not limited to, soils and features maps, ocular assessment, Light Detection and Ranging (LIDAR), aerial photos, and satellite imagery. Road construction and reconstruction shall not be undertaken on erosive and unstable areas. Timber harvesting activity shall not be undertaken on ground that shows evidence of high erosion potential, including, but not limited to, slide areas, areas shown to be slipping, and areas of disrupted ground.

(e) Historic erosion sites and sites with a high potential for erosion shall be stabilized, if feasible.

13278.4.

 A California regional water quality control board shall incorporate the requirements of this article into any applicable waste discharge requirements adopted pursuant to Section 13263 to manage controllable sources of sediment, achieve water quality objectives, and protect beneficial uses.

13278.5.

 Any requirements in the forest practice rules adopted by the State Board of Forestry and Fire Protection pursuant to Section 4551 of the Public Resources Code that contain more stringent sediment control standards than those established in this article shall prevail.

13278.6.

 For purposes of this article, the following definitions shall apply:

(a) “Canopy” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(b) “Channel zone” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(c) “Class I watercourse” has the same meaning as described in Section 916.6 of Title 14 of the California Code of Regulations.

(d) “Class II watercourse” has the same meaning as described in Section 916.6 of Title 14 of the California Code of Regulations.

(e) “Class III watercourse” has the same meaning as described in Section 916.6 of Title 14 of the California Code of Regulations.

(f) “Dry” means a road surface that is well drained and is not rutting, discharging fine sediments, or causing a visible turbidity increase in a ditch or on a road surface that drains into a Class I, II, or III watercourse.

(g) “Inner gorge” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(h) “Overstory” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(i) “Permanent watercourse crossing” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(j) “Person” has the same meaning as defined in Section 4525 of the Public Resources Code.

(k) “Regeneration method” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(l) “Riparian” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(m) “Site preparation” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(n) “Slide area” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(o) “Snag” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(p) “Timber harvesting plan” means the plan filed pursuant to Section 4582 of the Public Resources Code.

(q) “Timber operations” has the same meaning as defined in Section 4527 of the Public Resources Code.

(r) “Understory” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(s) “Watercourse” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(t) “Watercourse and Lake Protection Zone (WLPZ)” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(u) “Watercourse transition line” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(v) “Woody debris” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(w) “Yarding” has the same meaning as defined in Section 895.1 of Title 14 of the California Code of Regulations.

SEC. 25.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 36002 of the Public Resources Code is amended to read:

36002.

The Legislature further finds and declares all of the following:

(a)It is the policy of the State of California to do all of the following:

(1)Assess the long-term values and benefits of the conservation and development of ocean resources and uses with the objective of restoring or maintaining the health of the ocean ecosystem and ensuring the proper management of renewable and nonrenewable resources.

(2)Encourage ocean resources development that is environmentally sound, sustainable, and economically beneficial.

(3)Provide for efficient and coordinated resources management in state and federal waters.

(4)Assert the interests of this state in cooperation with federal agencies in the sound management of ocean resources.

(5)Promote research, study, and understanding of ocean processes and resources to acquire the scientific information necessary to understand the ocean ecosystem and life-support systems and the relationships of ocean development activities and associated impacts on ocean and coastal resources of the state and adjacent zones of federal jurisdiction.

(6)Encourage research and development of innovative, environmentally compatible marine technologies for protection, exploration, and utilization of ocean resources.

(b)It is further the policy of the State of California to develop and maintain an ocean resources planning and management program to promote and ensure coordinated management of federal resources and uses with those in state waters, and with adjacent states, to ensure effective participation in federal planning and management of ocean resources and uses that may affect this state, and to coordinate state agency management of ocean resources with local government management of coastal zone uses and resources above the mean high tide line.