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Senate debates and approves bill allowing Coastal Commission to consider blue carbon projects for mitigation
Summary
AB 399, which would allow the California Coastal Commission to authorize blue carbon demonstration projects as mitigation in coastal permit decisions, drew debate on regulatory scope before passing on the floor.
AB 399, authored in the Assembly by Assemblymember Berner and presented in the Senate by Senator Padilla on Sept. 5, would allow the California Coastal Commission to authorize ‘blue carbon’ demonstration projects — such as restoration of seagrass, salt marshes and other coastal ecosystems — among the suite of mitigation options it may consider when approving coastal development permits.
The author argued the measure is permissive and limited in scope, applying to projects that affect coastal wetlands or marine habitat and adding blue-carbon work to the list of potential mitigations the commission may choose. Senator Padilla said the change is “entirely consistent with the goals of the Coastal Act” and described the provision as an additional mitigation tool rather than a mandatory new requirement for projects.
Senator Choi spoke in opposition on the floor, saying the bill “is costly and poorly designed” and arguing the Coastal Commission should not be granted broader authority to add requirements. Choi urged the Legislature to favor voluntary or incentive-based carbon initiatives over expanding regulatory mandates.
Padilla closed by noting that the bill’s language is permissive and limited to projects affecting coastal wetlands or marine habitat and asked for an aye vote. The Senate proceeded to a roll-call vote and recorded the item as passed.
Why it matters: Blue carbon ecosystems store carbon at rates that can be high relative to many terrestrial systems; allowing the Coastal Commission to consider blue carbon mitigation gives an additional regulatory tool to address coastal impacts and climate-related projects. The bill clarifies that consideration of these projects is discretionary for the commission and applies in cases tied to coastal habitat impacts.
Speakers (selected) - Senator Tim Padilla — presented the bill on the Senate floor and defended the permissive scope of the measure. - Senator Janet Choi — spoke in opposition, calling the bill costly and arguing against expanding commission authority.
Authorities - California Coastal Act — referenced by Senator Padilla as the guiding statute consistent with the bill’s aims.
Actions - Motion: Concurrence/passage of AB 399 as presented on the Senate floor. - Mover: Senator Padilla. Outcome: approved (roll call recorded; item passed). No amendments were adopted on the floor during the recorded exchange.
Clarifying details - Scope: Padilla emphasized the bill is permissive and applies only to projects that impact coastal wetlands or marine habitat; it does not mandate blue-carbon mitigation for all coastal permits. - Opposition stance: Senator Choi said the bill would expand an unelected regulator’s authority and preferred voluntary programs and incentives.
Ending The bill passed the Senate on Sept. 5 after floor debate and will proceed according to its legislative status (if the bill’s origin required concurrence or if it now goes to the governor). The transcript shows the item was debated on the floor and then placed for a roll-call vote and recorded as passed.
