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    AB-399
    Energy & Environment

    Coastal resources: coastal development permits: blue carbon demonstration projects.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Authorizes blue carbon demonstration projects to quantify sequestration, contingent on funding.
    • Defines blue carbon projects as restoration of historical habitats with native species.
    • Allows requiring blue carbon projects as mitigation for certain coastal habitat impacts.
    • Requires design, monitoring, data collection, and public reporting of results.

    Summary

    Boerner, joined by coauthors Bryan, Kalra, and Muratsuchi, advances a conditional framework to establish blue carbon demonstration projects within California’s coastal resources program, designed to quantify carbon sequestration and inform the state’s climate resilience strategies if funding is provided. The measure emphasizes restoration of historically occurring coastal habitats and native biodiversity as the core path to realizing potential blue carbon benefits, situating the effort alongside existing natural and working lands planning.

    At the heart of the proposal is a new, definitional and programmatic structure. A blue carbon demonstration project is limited to restoring coastal wetland, subtidal, intertidal, or marine habitats that can take up and sequester carbon, with three constraints: projects must target ecologically appropriate locations where the habitat historically occurred and was degraded or removed; restoration aims to return the habitat to its historical state to provide ecosystem services and habitat values to the extent feasible; and diverse native species should be used. The California Coastal Commission would have authority to authorize such projects to demonstrate and quantify sequestration for informing state strategies, and it could require a blue carbon demonstration project as mitigation for certain nonresidential projects that affect coastal habitats. In developing the program, the commission would consult with the State Air Resources Board, the Department of Fish and Wildlife, the State Coastal Conservancy, the State Lands Commission, and seek input from the U.S. Army Corps of Engineers and the National Oceanic and Atmospheric Administration. Each project would be designed and monitored with sufficient data to demonstrate uptake and sequestration, include an evaluation of permanence, and have results presented at a public hearing. The entire program would become operative only upon an appropriation by the Legislature.

    The measure delineates governance and process details to accompany the program’s development. It envisions interagency coordination across state entities and seeks federal input to shape the blue carbon demonstration project program. Data collection and reporting are emphasized, with the results to be shared publicly, and with an explicit emphasis on assessing permanence of sequestration. Penalties or civil enforcement mechanisms are not specified in the measure, and the mitigation option, if adopted, would depend on future implementation actions tied to funding. The bill expressly notes appropriations are a prerequisite for the operative effects, tying the program’s realization to legislative budgeting.

    Contextual findings within the bill frame blue carbon as a potential tool to advance California’s carbon neutrality goals and climate resilience, citing targets for reductions below baseline years and the state’s broader climate strategy for natural and working lands. The authors assert that blue carbon could contribute to meeting these aims, while acknowledging data gaps that have limited inclusion in the current planning framework. The proposal positions blue carbon demonstration projects as a data-generating mechanism intended to inform ongoing policy and program design, rather than as an immediate, mandatory provision of state regulation absent funding.

    Key Dates

    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 399 Boerner Concurrence in Senate Amendments
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB399 Boerner et al. By Padilla
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Natural Resources and Water Hearing
    Senate Committee
    Senate Natural Resources and Water Hearing
    Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 399 Boerner Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Natural Resources Hearing
    Assembly Committee
    Assembly Natural Resources Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Contacts

    Profile
    Al MuratsuchiD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tasha Boerner HorvathD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Isaac BryanD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 4 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Al MuratsuchiD
    Assemblymember
    Bill Author
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Profile
    Tasha Boerner HorvathD
    Assemblymember
    Bill Author
    Profile
    Isaac BryanD
    Assemblymember
    Bill Author

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    AB-1992
    Carbon sequestration: blue carbon and teal carbon demonstration projects.
    January 2024
    Vetoed
    View Bill
    AB-45
    Coastal resources: coastal development permits: blue carbon demonstration projects.
    December 2022
    Failed
    View Bill
    Coastal resources: coastal development permits: blue carbon demonstration projects: new development: greenhouse gas emissions.
    February 2022
    Failed
    View Bill
    Showing 3 of 3 items
    Page 1 of 1

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Tasha Boerner Horvath
    Tasha Boerner HorvathD
    California State Assembly Member
    Co-Authors
    Al Muratsuchi
    Al MuratsuchiD
    California State Assembly Member
    Ash Kalra
    Ash KalraD
    California State Assembly Member
    Isaac Bryan
    Isaac BryanD
    California State Assembly Member
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/8/2025)

    Latest Voting History

    View History
    September 8, 2025
    PASS
    Assembly Floor
    Vote on Assembly Floor
    AyesNoesNVRTotalResult
    5818480PASS

    Key Takeaways

    • Authorizes blue carbon demonstration projects to quantify sequestration, contingent on funding.
    • Defines blue carbon projects as restoration of historical habitats with native species.
    • Allows requiring blue carbon projects as mitigation for certain coastal habitat impacts.
    • Requires design, monitoring, data collection, and public reporting of results.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Tasha Boerner Horvath
    Tasha Boerner HorvathD
    California State Assembly Member
    Co-Authors
    Al Muratsuchi
    Al MuratsuchiD
    California State Assembly Member
    Ash Kalra
    Ash KalraD
    California State Assembly Member
    Isaac Bryan
    Isaac BryanD
    California State Assembly Member

    Summary

    Boerner, joined by coauthors Bryan, Kalra, and Muratsuchi, advances a conditional framework to establish blue carbon demonstration projects within California’s coastal resources program, designed to quantify carbon sequestration and inform the state’s climate resilience strategies if funding is provided. The measure emphasizes restoration of historically occurring coastal habitats and native biodiversity as the core path to realizing potential blue carbon benefits, situating the effort alongside existing natural and working lands planning.

    At the heart of the proposal is a new, definitional and programmatic structure. A blue carbon demonstration project is limited to restoring coastal wetland, subtidal, intertidal, or marine habitats that can take up and sequester carbon, with three constraints: projects must target ecologically appropriate locations where the habitat historically occurred and was degraded or removed; restoration aims to return the habitat to its historical state to provide ecosystem services and habitat values to the extent feasible; and diverse native species should be used. The California Coastal Commission would have authority to authorize such projects to demonstrate and quantify sequestration for informing state strategies, and it could require a blue carbon demonstration project as mitigation for certain nonresidential projects that affect coastal habitats. In developing the program, the commission would consult with the State Air Resources Board, the Department of Fish and Wildlife, the State Coastal Conservancy, the State Lands Commission, and seek input from the U.S. Army Corps of Engineers and the National Oceanic and Atmospheric Administration. Each project would be designed and monitored with sufficient data to demonstrate uptake and sequestration, include an evaluation of permanence, and have results presented at a public hearing. The entire program would become operative only upon an appropriation by the Legislature.

    The measure delineates governance and process details to accompany the program’s development. It envisions interagency coordination across state entities and seeks federal input to shape the blue carbon demonstration project program. Data collection and reporting are emphasized, with the results to be shared publicly, and with an explicit emphasis on assessing permanence of sequestration. Penalties or civil enforcement mechanisms are not specified in the measure, and the mitigation option, if adopted, would depend on future implementation actions tied to funding. The bill expressly notes appropriations are a prerequisite for the operative effects, tying the program’s realization to legislative budgeting.

    Contextual findings within the bill frame blue carbon as a potential tool to advance California’s carbon neutrality goals and climate resilience, citing targets for reductions below baseline years and the state’s broader climate strategy for natural and working lands. The authors assert that blue carbon could contribute to meeting these aims, while acknowledging data gaps that have limited inclusion in the current planning framework. The proposal positions blue carbon demonstration projects as a data-generating mechanism intended to inform ongoing policy and program design, rather than as an immediate, mandatory provision of state regulation absent funding.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/8/2025)

    Key Dates

    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 399 Boerner Concurrence in Senate Amendments
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB399 Boerner et al. By Padilla
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Natural Resources and Water Hearing
    Senate Committee
    Senate Natural Resources and Water Hearing
    Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 399 Boerner Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Natural Resources Hearing
    Assembly Committee
    Assembly Natural Resources Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Latest Voting History

    View History
    September 8, 2025
    PASS
    Assembly Floor
    Vote on Assembly Floor
    AyesNoesNVRTotalResult
    5818480PASS

    Contacts

    Profile
    Al MuratsuchiD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tasha Boerner HorvathD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Isaac BryanD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 4 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Al MuratsuchiD
    Assemblymember
    Bill Author
    Profile
    Ash KalraD
    Assemblymember
    Bill Author
    Profile
    Tasha Boerner HorvathD
    Assemblymember
    Bill Author
    Profile
    Isaac BryanD
    Assemblymember
    Bill Author

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    AB-1992
    Carbon sequestration: blue carbon and teal carbon demonstration projects.
    January 2024
    Vetoed
    View Bill
    AB-45
    Coastal resources: coastal development permits: blue carbon demonstration projects.
    December 2022
    Failed
    View Bill
    Coastal resources: coastal development permits: blue carbon demonstration projects: new development: greenhouse gas emissions.
    February 2022
    Failed
    View Bill
    Showing 3 of 3 items
    Page 1 of 1