BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1929|
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CONSENT
Bill No: AB 1929
Author: Hall (D)
Amended: As introduced
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 6/29/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe,
Lowenthal, Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/22/10 (Consent) - See last page
for vote
SUBJECT : Invasive aquatic species: mussels
SOURCE : Association of California Water Agencies
DIGEST : This bill provides that an operator of water
delivery and storage facilities who has prepared and is in
compliance with an approved plan to control and eradicate
dreissenid mussels in accordance with existing law is
immune from civil or criminal liability for introduction of
mussels as a result of operation of those facilities, and
exempts such operators from prohibitions on possession,
importation, shipment or transport of mussels and related
requirements.
ANALYSIS :
CONTINUED
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Existing law:
1. Makes it unlawful to possess, import, ship, transport,
or place dreissenid mussels in any water within the
state.
2. Authorizes the Department of Fish and Game (DFG) to
conduct inspections of conveyances, waters, and water
facilities that may contain mussels, and to order
closures, quarantines and disinfections if mussels are
detected.
3. Prohibits a closure or quarantine from being imposed by
the DFG Director without the concurrence of the
Secretary of Natural Resources.
4. Requires water supply agencies to cooperate with DFG to
implement measures to avoid infestation and to control
or eradicate any infestations that occur.
5. Requires water supply system operators, if mussels are
detected, to prepare and implement plans to control or
eradicate mussels, and to update the plans as required
by DFG.
This bill:
1. Provides that if the operator of water delivery or
storage facilities for public water supply purposes
prepares, initiates, and is in compliance with an
approved plan to control and eradicate dreissenid
mussels, in accordance with provisions of existing law,
the following requirements shall not apply to the
operation of those facilities: (a) the requirement that
a person shall not possess, import, ship, or transport
in the state or cause to be placed or planted in any
water within the state, dreissenid mussels, (b)
provisions authorizing the DFG Director to order
closures or quarantines, or restrict access to waters or
facilities.
2. Provides that if DFG requires the operator of a facility
to update its plan for control and eradication of
dreissenid mussels, and the plan is not updated as
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required, the above requirements referenced under #1
shall apply until the operator updates or revises the
plan, and initiates or complies with all of the elements
of the plan.
3. Provides that the operator of water delivery or storage
facilities for public water supply purposes that
prepares, initiates and complies with all the elements
of a plan to control and eradicate mussels in accordance
with existing law shall be immune from civil or criminal
liability for introduction of mussels as a result of
operation of those facilities.
4. Requires that plans for control of dreissenid mussels
adopted by water supply system operators contain an
element that requires the operator to permit inspections
by DFG as well as to cooperate with DFG in updating or
revising the plan to address scientific advances in the
methods for controlling mussels.
5. Provides that neither DFG nor any other state agency
exercising authority under this section shall be liable
with regard to any determination or authorization made
pursuant to this section.
6. Makes various legislative findings and declarations
regarding quagga mussels and the need to protect water
agencies from liability.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
Association of California Water Agencies (source)
Alameda County Flood Control and Water Conservation
District, Zone 7
Alameda County Water District
California Central Valley Flood Control Association
East Bay Municipal Utility District
Eastern Municipal Water District
San Diego County Water Authority
Santa Clara Valley Water District
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ARGUMENTS IN SUPPORT : According to the Association of
California Water Agencies, the bill's sponsor, eradication
of mussels is unlikely. A water system operator who
implements a scientifically sound plan to prevent the
spread of quagga mussels may, nonetheless, spread mussels
through water deliveries, thereby exposing the water system
operator and its employees to criminal and civil penalties.
The author and the sponsor contend that such treatment of
law-abiding individuals is unfair and unwarranted.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
CTW:mw 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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