Loading...
HomeMy WebLinkAboutMINUTES - 04032001 - C.63 1 gntravC• _ Costa TO: BOARD OF SUPERVISORS County o FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR DATE: April 3, 2001 SUBJECT: Coastal Impact Assistance Program SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION AUTHORIZE the Community Development Director to submit to the California Resources Agency a draft expenditure plan for new revenues due the County from the Coastal Impact Assistance Program approved by Congress in 2000. REFER the matter of finalizing the expenditure plan to the Transportation Water and Infrastructure Committee and request a report back to the Board on or before May 1, 2001. FISCAL IMPACT The Coastal Impact Assistance Program provides new revenues to the County. The County's administrative costs of expending these new funds will be deducted from the C1AP revenues. BACKGROUND/REASONS FOR RECOMMENDATIONS As a part of FY2001 Budget Act, Congress authorized a new program called the Coastal Impact Assistance Program (CTAP). This program directs a portion of offshore oil lease revenues to coastal states to assist in mitigating the impacts of offshore oil production. 35% of the funding for each state is passed on to coastal counties, including Contra Costa County. Congress allocated $150 million nationwide for FY2001. California's share is roughly estimated to be $18 million, so coastal counties should collectively receive about$6.3 million. No estimates have been provided to date on how much each County will get. Such estimates are expected in early April (the best estimate we could obtain from state and federal staff was tens of thousands to hundreds of thousands). The attached memo and other materials from California Secretary for Resources Mary Nichols provide additional background on the CIAP and how funds may be spent. /�, CONTINUED ON ATTACHMENT: X YES SIGNATURE v - r6�4� _/RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI EE �GAPPROVE OTHER SIGNATURE (S): ACTION OF Br ON Apr i 1 3 . 2001 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE xx UNANIMOUS (ABSENT - - - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Kopchik (925) 335-1227 ATTESTED April 3 . 2001 cc: Co elo ) JOHN SWEETEN, CLERK OF ounty Administrator BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Public Works WAPersonal\John maKdapboapH101.doc BY �"" '" , DEPUTY F Report on Coastal Impact Assistance Program April 3, 2001 Page 2of2 The attached materials describe the formula for allocating funds among coastal counties, stating that it will be based on three variables: 1) length of shoreline, 2) population, and 3) distance to off-shore oil leases. We understand that the legislation enacted a slightly different formula for California—a formula advocated by Congressman Miller which also considers distance to oil refineries. We have pursued this matter with Congressional staff and staff at appropriate state and federal agencies, and all parties now recognize that oil refineries are to be part of the formula. If the County is to receive its share of the CIAP money, we will need to act very quickly. The state conducted outreach to Counties in February, but needs to receive draft spending plans from Counties by April 6, before we receive an estimate on how much money to expect. Final plans are due May 4. Given these constraints, we propose the following process: 1) Consistent with requirements and goals of the CIAP as described in the attached materials, we request Board authorization to submit a draft expenditure plan to the Resources Agency in the form they provide and consistent with the following: a) CIAP funds due to the County should be spent to enhance and protect natural resources along the shoreline and coastal watersheds of Contra Costa County. These funds should also promote public access to these resources. b) As additional planning and study would help to identify and prioritize specific projects in the shoreline area, and because the small amount of funds we may receive may not be adequate to fund tangible acquisition, restoration, or public access development, the initial increment of funds should be used to fund a study of resource protection, resource enhancement, and public access opportunities in the shoreline area. c) Should the County receive more funds than are required for the study, such funds should be used for specifc acquisition, restoration, and public access projects identified by the study. 2) Refer this matter to the Transportation, Water, and Infrastructure Committee for more detailed discussion and to help guide development of the final plan. Request a report back to the Board by May 1. Attachments: • January 31 memo from Secretary Nichols • CIAP timeline • CIAP Mission and Goals • CIAP Overview W:\Personal\John main\ciapboapr!101.doc To: Attached List of Local Governments (Attachment 1) From: Mary Nichols, Secretary for Resources Re: Notice of Meeting - February 13, 2001 Coastal Impact Assistance Program Date: January 31, 2001 Congress recently authorized the new Coastal Impact Assistance Program (CTAP) pursuant to §903 of the Commerce, State, Justice FY2001 budget act to assist coastal states in mitigating the impacts from Outer Continental Shelf (OCS) oil and gas production. Under this program, Congress has appropriated $.150,000,000 in fiscal year 2001 to seven coastal states which include Alaska, California, Texas, Louisiana, Mississippi, Alabama, and Florida. California's share of funds from this program has not yet been fully calculated, but initial estimates (which are subject to change) place the figure at approximately $18 million. Pursuant to the legislation, 35% of each state's funding allocation will be dispersed to "coastal political subdivisions" based on a formula taking into account each subdivision's population, shoreline mileage, and distance from leased tracts. The eligible "coastal political subdivisions" in California are included on the attached list of addressees to this memorandum. The CIAP requires states to develop plans that describe how the money would be spent within the uses identified in the legislation. The Resources Agency will be coordinating the development and submittal of California's plan. The plan must be submitted to the National Oceanic and Atmospheric Administration (NOAA) by July 1,2001, and NOAA has 90 days from receipt to complete its review. All funding requests from coastal political subdivisions must be included in the plan submitted to NOAA to be eligible for funding. To expedite disbursement of funds, NOAA recommends that the plan be written and submitted in sufficient detail to serve as a grant application. We have attached a set of briefing papers (Attachments 2 and 3) prepared by NOAA to provide you with as much information as possible in preparation for this meeting. We have an extremely tight time period to complete the required plan. We would like to discuss the development of this plan, and the participation of each coastal political subdivision, at a meeting to be held at 2:30 P.M. February 13, 2001 in the Resources Agency Conference Room (Room 1305). If you cannot attend the meeting in person, we will provide conference line for you (or your representative) to use to call in. Please let Chris Potter of my staff know if you can participate in this meeting or have any questions about the subject matter. He can be reached by e-mail at chrisp@resources.ca.gov or by phone at (916)654-0536. Coastal Impact Assistance Program Resources Agency and Counties Timeline — 2/22/01 April 6th — Full proposals due at Resources Agency (in form for report) April 16th — Resources Agency responds to counties May 4th — Revised proposals due (if revisions necessary) May 18th — Resources Agency completes changes and releases draft report for public review and comment. June 11th — Resources Agency holds public workshop on report (Sacramento) June 29th — Resources Agency mails final report to NOAA Coastal Impact Assistance Program Mission and Goals Each state or local project will need to be consistent with the following mission and goals. MISSION To ensure comprehensive and coordinated management, conservation and enhancement of California's ocean and coastal resources for their intrinsic value and for the benefit of current and future generations. GOALS: Four goals have been established by the State of California to achieve this mission. Goal 1: Stewardship. To assess, conserve, and manage California's ocean resources and the ecosystem that supports those resources. Goal 2: Economic Sustainability. To encourage environmentally sound, sustainable, and economically beneficial ocean resource development activities. Goal 3: Research, Education and Technology. To advance research, educational programs, and technology developments to meet future needs and uses of the ocean. Goal 4: Jurisdiction and Ownership. To maximize California's interests within State Tidelands, the Territorial Sea, and the Exclusive Economic Zone. Coastal Impact Assistance Program Overview Summary Congress authorized the new Coastal Impact Assistance Program(CLAP)under§903 of the Commerce,State, Justice FY2001 appropriations act to assist states in mitigating the impacts from Outer Continental Shelf(OCS)oil and gas production. Congress appropriated$150,000,000 in fiscal year 2001 to seven coastal states--Alaska, California,Texas,Louisiana,Mississippi,Alabama,and Florida--to implement this program. Funds will be expended according to Coastal Impact Assistance Plans developed by the states. The National Ocean Service(NOS)within the National Oceanic and Atmospheric Administration(NOAA)has been charged with implementing this program at the federal level. This entails developing program guidance, reviewing and approving state plans,and administering the funds. Requirements NOAA must develop allocation formulas based on the legislation to disburse the funds to the seven states and up to 150 coastal political subdivisions. Information needed for the formulas include:coastal population for the coastal political subdivisions,coastline miles of the coastal political subdivisions,OCS revenues,and distance from OCS lease tracts. The states must develop Coastal Impact Assistance Plans and submit.them to NOAA by July 1,2001 detailing how they will spend the funds,based on requirements in the legislation. NOAA has 90 days to approve or disapprove the plans. NOAAINOS Goals • Work with states to ensure that legislative and coastal resource management objectives are met • Achieve effective state Coastal Impact Assistance Plans • Minimize administrative burden in allocating and disbursing the funds Key Issues • Identifying state partners and resources for program administration • Developing allocation formulas(Separate one pager attached) • Assisting states in completing Coastal Impact Assistance Plans (Separate one pager attached) • Finalizing payment mechanism--focus on most efficient option • Defining responsibilities under NEPA, ESA,and EFH • Developing outreach/communications plan/activities Next Steps • Work with the Minerals Management Service to gather data and develop allocation formulas • Identify state leads • Develop program guidance • Clarify responsibilities under other statutes(e.g.,NEPA,ESA) Coastal Impact Assistance Program State Coastal Impact Assistance Plans Plait Development States must develop Coastal Impact Assistance Plans to be eligible for CIAP funding. States must submit the plans to NOS by July 1,2001. The plans must describe how each state and coastal political subdivision will expend its funds. Authorized uses of funds include: wetland protection,conservation,and restoration; implementation of Federally approved management plans; mitigating impacts of OCS activities; administrative costs of the program; oil spill removal and contingency planning; uses set forth in new section 32(c)(4)of the OCSLA(43 U.S.C. 1331 et seq.)including: resource conservation;research; assessment;water quality activities; watershed protection; erosion control,and others. NOS will issue additional guidance on the contents of the plans and eligible uses. Plan Review NOS will review and approve or disapprove the plans within 90 days of receipt. NOS will review the plans for completeness as detailed in§903(d)(2)and for consistency with the authorized uses of funds detailed in §903(c). If NOS does not approve a plan,that state's funds would be allocated to the other states,unless NOS finds the state is making a good faith effort to develop an approvable plan. After plan approval,NOS must monitor plan implementation. If NOS finds that any state or local expenditure is not consistent with the uses specified in the law, NOS shall direct those funds to be repaid or obligated for authorized uses. Key IssueVDeeisions . • Scope of guidance on state plans • Reviewing and approving state plans and disbursing the funds may trigger environmental reviews under the National Environmental Policy Act and Endangered Species Act Next Steps January 2001 Develop draft guidance for plan completion and provide to states February 2001 Elicit state comments-potential Gulf and West coast one day workshops March 2001 Issue final guidance for plans. July 1,2001 States submit plans to NOS. October 1, 2001 Latest date for completing NOS review of state plans. Coastal Impact Assistance Program Allocation of Funds Requirements CLAP funds are to be allocated via a formula specified in §903(c)of the legislation. Sixty percent of the total funding will be divided evenly among the seven Producing Coastal States. Forty percent will be divided among the states based on a formula taking into account each state's share of the qualified OCS revenues. Where two or more states are within 200 miles of a leased tract,the distance between the states and the leased tracts will be used to apportion the revenues. Once the state allocations are made, 35 percent of each state's allocation funds will be disbursed to coastal political subdivisions based on a formula taking into account each subdivision's population,shoreline mileage,and distance from leased tracts. Counties,parishes,or equivalent units of government lying all or in part within state coastal zones as defined by section 304(1)of the Coastal Zone Management Act of 1972,as amended(CZMA),'are considered coastal political subdivisions eligible for funding. We have approximately 150 eligible local jurisdictions. A preliminary list is attached. Information needed for the formulas includes:population of the coastal political subdivisions; coastline miles of the coastal political subdivisions;OCS revenues on an individual lease basis(approximately 7,000-8,000 leases);and distance from OCS leased tracts to state/county boundaries. NOS has met with MMS to discuss the information needs,and technical staff from both agencies will share resources to develop the allocation formulas. Key Issues/Decisions • Finalize list of eligible political subdivisions. • Develop allocations-The allocation among the seven states is straight forward. The statute requires the use of OCS production data through December 31,2000. These numbers will not be finalized until March or April. There is an existing model for making the state-level funding allocations,and we should be able to provide preliminary estimates for each state in advance of determining specific amounts. Local governments receive 35 percent of the state allocation. Calculating these allocations is a data and labor intensive task. Next Steps January 2001 Develop state-level funding estimates. January 2001 Meet with technical staff of NOS and MMS to review data types and formula development. January 2001 Provide draft list of eligible local governments and estimated total funding to states. April 15,2001 Target date for state and local allocations.