California 2021-2022 Regular Session Status: In Committee 3 D cosponsors

AB 303 — Aquaculture: mariculture production and restoration: pilot program.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the regulation and development of aquaculture and requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law authorizes the department, among other powers, to assess annual registration fees on owners of aquaculture facilities and to prohibit an aquaculture operation or the culturing of any species at any location where it would be detrimental to adjacent native wildlife. Existing law authorizes the Fish and Game Commission to lease state water bottoms or the water column to any person for aquaculture, as prescribed, and requires the department to notify the State Lands Commission of all applications for water bottom leases and of all leases for aquaculture executed, renewed, or assigned. Under existing law, the California Coastal Act of 1976, the California Coastal Commission is responsible for the implementation of the act and for state coastal zone planning and management. This bill would require the department, in collaboration with the California Coastal Commission, to, by January 1, 2024, create a pilot program in state waters to further develop shellfish and seaweed mariculture production and restoration capacity in California. The bill would require the department to establish a process to designate tracts for shellfish and seaweed mariculture production and restoration as part of the pilot program, as specified. The bill would authorize an applicant with a proposed shellfish, seaweed, or shellfish and seaweed mariculture production and restoration project to apply for a lease of any pilot program tract, or a portion thereof. The bill would require the State Lands Commission or the Fish and Game Commission, or both, if applicable to approve, deny, or return for revision a lease application within 4 months. The bill would authorize a local government to apply for a shellfish and seaweed mariculture production and restoration lease and designate individual mariculturalists as sublessees without authorization from the department, the State Lands Commission, or the Fish and Game Commission. A local government would be required to notify the department, the State Lands Commission, or the Fish and Game Commission of a sublease within 2 months of the beginning of the sublease. The bill would provide the department, by January 1, 2024, within the pilot program tracts, with sole authority or jurisdiction to approve, deny, or otherwise affect the ability of shellfish and seaweed mariculture production and restoration projects to operate, as well as to enforce compliance with relevant regulations, excluding the roles and responsibilities of the State Water Resources Control Board and the relevant leasing authorities. The bill would authorize a mariculturalist holding a lease to a pilot program tract to be able to begin cultivation without a permit under the regulations established by the department, except any permit required by the State Water Resources Control Board. The bill would require the department to conduct ongoing monitoring and enforce compliance with the rules and regulations of the pilot program and to work with noncompliant aquaculturalists to resolve any noncompliance issues if possible. The bill would authorize the department to close any operation in the pilot program due to noncompliance if no other reasonable resolution is possible. The bill would require, when sufficient data has been collected, the department to make recommendations to the Legislature on any relevant changes to the mariculture and restoration permitting and regulatory processes, as specified. The bill would repeal the provisions establishing the pilot program on January 1, 2036, and upon termination, would require the department to offer participants in the pilot program, one year from the date of termination, to come into compliance with any rules and regulations not applicable in the pilot program tracts in order to keep operating. The bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other federal agencies offering state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project intending to operate in this state. The bill would require the department to ensure the inclusion of socially disadvantaged aquaculturalists in the development, adoption, implementation, and enforcement of laws, regulations, and policies and programs relating to aquaculture production and restoration. The bill would also make legislative findings and declarations and adopt definitions to implement its provisions.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on NAT. RES.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  6. Re-referred to Com. on NAT. RES.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  8. From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 10. Noes 0.) (April 8). Re-referred to Com. on NAT. RES.

  9. Re-referred to Com. on W.,P., & W.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended.

  11. Re-referred to Com. on W.,P., & W.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended.

  13. Referred to Com. on W.,P., & W.

  14. From printer. May be heard in committee February 25.

  15. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass and be re-referred to the Committee on [Natural Resources]

Passed 10 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 2004
Unaffiliated 7001
Republican 1000
Total 10005
% of votes cast 67%0%0%33%
How each member voted (15)
Member Party Vote
Smith — Yea
Villapudua — Yea
Bigelow — Yea
Salas — Yea
Levine — Yea
Friedman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Bennett, Steve Democratic Not Voting
Kalra, Ash Democratic Not Voting
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does AB 303 do?
Existing law provides for the regulation and development of aquaculture and requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law authorizes the department, among other powers, to assess annual registration fees on owners of aquaculture facilities and to prohibit an aquaculture operation or the culturing of any species at any location where it would be detrimental to adjacent native wildlife. Existing law authorizes the Fish and Game Commission to lease state water bottoms or the water column to any person for aquaculture, as prescribed, and requires the department to notify the State Lands Commission of all applications for water bottom leases and of all leases for aquaculture executed, renewed, or assigned. Under existing law, the California Coastal Act of 1976, the California Coastal Commission is responsible for the implementation of the act and for state coastal zone planning and management. This bill would require the department, in collaboration with the California Coastal Commission, to, by January 1, 2024, create a pilot program in state waters to further develop shellfish and seaweed mariculture production and restoration capacity in California. The bill would require the department to establish a process to designate tracts for shellfish and seaweed mariculture production and restoration as part of the pilot program, as specified. The bill would authorize an applicant with a proposed shellfish, seaweed, or shellfish and seaweed mariculture production and restoration project to apply for a lease of any pilot program tract, or a portion thereof. The bill would require the State Lands Commission or the Fish and Game Commission, or both, if applicable to approve, deny, or return for revision a lease application within 4 months. The bill would authorize a local government to apply for a shellfish and seaweed mariculture production and restoration lease and designate individual mariculturalists as sublessees without authorization from the department, the State Lands Commission, or the Fish and Game Commission. A local government would be required to notify the department, the State Lands Commission, or the Fish and Game Commission of a sublease within 2 months of the beginning of the sublease. The bill would provide the department, by January 1, 2024, within the pilot program tracts, with sole authority or jurisdiction to approve, deny, or otherwise affect the ability of shellfish and seaweed mariculture production and restoration projects to operate, as well as to enforce compliance with relevant regulations, excluding the roles and responsibilities of the State Water Resources Control Board and the relevant leasing authorities. The bill would authorize a mariculturalist holding a lease to a pilot program tract to be able to begin cultivation without a permit under the regulations established by the department, except any permit required by the State Water Resources Control Board. The bill would require the department to conduct ongoing monitoring and enforce compliance with the rules and regulations of the pilot program and to work with noncompliant aquaculturalists to resolve any noncompliance issues if possible. The bill would authorize the department to close any operation in the pilot program due to noncompliance if no other reasonable resolution is possible. The bill would require, when sufficient data has been collected, the department to make recommendations to the Legislature on any relevant changes to the mariculture and restoration permitting and regulatory processes, as specified. The bill would repeal the provisions establishing the pilot program on January 1, 2036, and upon termination, would require the department to offer participants in the pilot program, one year from the date of termination, to come into compliance with any rules and regulations not applicable in the pilot program tracts in order to keep operating. The bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other federal agencies offering state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project intending to operate in this state. The bill would require the department to ensure the inclusion of socially disadvantaged aquaculturalists in the development, adoption, implementation, and enforcement of laws, regulations, and policies and programs relating to aquaculture production and restoration. The bill would also make legislative findings and declarations and adopt definitions to implement its provisions.
Who sponsors AB 303?
AB 303 is sponsored by Rivas, Robert (Democratic), Wiener, Scott D. (Democratic), Levine, Hueso, and Garcia, Robert (Democratic).
What is the current status of AB 303?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 303?
Track AB 303 free on One Click Politics — get push/email alerts when it moves.

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