BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2443|
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THIRD READING
Bill No: AB 2443
Author: Williams (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 6-1, 6/26/12
AYES: Pavley, Evans, Kehoe, Padilla, Simitian, Wolk
NOES: La Malfa
NO VOTE RECORDED: Cannella, Fuller
SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-2, 7/3/12
AYES: DeSaulnier, Kehoe, Lowenthal, Pavley, Rubio,
Simitian
NOES: Gaines, Wyland
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 52-25, 5/30/12 - See last page for vote
SUBJECT : Vessels: registration fee: Quagga and Zebra
Mussel
Infestation Prevention Program
SOURCE : Monterey County
Santa Barbara County
San Luis Obispo County
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DIGEST : This bill impose a vessel registration fee, as
set forth in statute and determined by the Department of
Boating and Waterways. This bill requires funds from the
fee to be used to administer quagga and zebra mussel
monitoring, inspection, and infestation prevention
programs.
ANALYSIS :
Existing law:
1. Makes it unlawful to possess, import, ship or transport
dreissenid mussels in California, or to place, plant or
cause to be placed or planted dreissenid mussels in any
waters of the state.
2. Provides for regulation of dreissenid mussels as
invasive species. Authorizes the Department of Fish and
Game (DFG) to conduct inspections, order quarantines,
and take other actions as necessary to prevent the
spread of invasive mussels.
3. Requires water reservoir operators and managers where
recreational boating is allowed to conduct a
vulnerability assessment and to develop plans to prevent
mussel infestation.
4. Grants immunity from criminal or civil liability for
mussel infestation to operators of water storage and
delivery facilities that have adopted, implemented, and
kept up to date an approved plan to control and
eradicate dreissenid mussels.
This bill:
1. Declares the intent of the Legislature that the fee this
bill imposes shall not exceed the cumulative reasonable
regulatory costs incident to performing investigations
and inspections necessary to prevent quagga and zebra
mussel infestation.
2. Imposes a quagga and zebra mussel infestation prevention
fee on original and renewal vessel registrations. The
bill specifies that the fee shall be not more than $20
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for every two year registration period and shall fund,
upon legislative appropriation, the following:
A. The Department of Motor Vehicles (DMV's)
reasonable costs, not to exceed three percent of
total revenues, for collection and administration
of the fee.
B. The Department of Boating and Waterways'
reasonable costs, not to exceed three percent of
total revenues, in determining the amount of the
fee plus adopting regulations and administering the
associated grant program.
C. DFG's reasonable costs, not to exceed 15 percent
of the remaining revenues, to fund its dreissenid
mussel infestation prevention plan.
D. The Department of Boating and Waterways' grant
program, which shall receive at least 85 percent of
the remainder, which shall provide grants to
entities that, operate water reservoirs where
recreational activities are allowed. These grants
shall pay the costs to implement a mussel
infestation prevention plan that is consistent with
the requirements on reservoir operators in existing
law. The bill directs the Department of Boating
and Waterways to adopt emergency regulations to
create the grant program and to set priorities for
the grant program that are consistent with existing
state law, specified state guidebooks, and relevant
management plans.
3. Directs the Department of Boating and Waterways to set
the exact amount of this fee after creating and
consulting with a technical advisory group consisting of
recreational boating representatives, reservoir
operators, and other interested persons.
4. Exempts from the fee vessels that operate exclusively in
marine waters.
5. Directs DMV to collect the fee with original and renewal
vessel registrations and to deposit the revenues into
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the Harbors and Watercraft Revolving Fund.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriation Committee:
Estimated revenues of $5.1 million annually to the
Harbors and Watercraft Revolving Fund from new vessel
registration fee.
$75,000 to $150,000 one-time to the Harbors and
Watercraft Revolving Fund to adopt regulations and
establish a grant program, similar annual costs to
administer the grant program.
$271,000 in 2012-13, $113,000 in 2013-14, and $47,000 in
2014-15 from the Harbors and Watercraft Revolving Fund
for the DMV to revise vessel registration fee collection
systems.
$410,000 annually from the Harbors and Watercraft
Revolving Fund to the DFG to implement a quagga and zebra
mussel prevention plan.
Up to $4.2 million annually from the Harbors and
Watercraft Revolving Fund to the department for local
grants to fund infestation prevention programs.
SUPPORT : (Verified 8/21/12)
Monterey County (co-source)
Santa Barbara County (co-source)
San Luis Obispo County (co-source)
Association of California Water Agencies
California Agricultural Commissioners and Sealers
Association
California Municipal Utilities Association
Calleguas Municipal Water district
Contra Costa Water District
East Bay Municipal Utilities District
Goleta Water District
Humboldt Bay Municipal Water District
Metropolitan Water District of Southern California
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Pacific Gas and Electric Company
Santa Clara County Board of Supervisors
Santa Clara Valley Water District
OPPOSITION : (Verified 8/21/12)
California Association of Harbor Masters and Port Captains
California Marine Parks and Harbor Association
California Yacht Brokers Association
Marina Recreation Association
Northern California Marine Recreation Association
Recreational Boaters of California
Western Boaters Safety Group
ARGUMENTS IN SUPPORT : Supporters emphasize the need for
continued monitoring and inspection to prevent the spread
of zebra and quagga mussels. The lack of a statewide
revenue source has impeded the ability of California to
develop a comprehensive approach to protecting water bodies
and hydropower facilities from the mussels. Supporters
also state that current funding is sporadic and subject to
cancellation as agencies undergo budget cuts. This bill is
a practical, cost-reasonable solution that can help protect
California's lakes and rivers.
ARGUMENTS IN OPPOSITION : Opponents agree that California
must address the very serious problem of invasive mussel
infestation. They contend, however, that boaters already
contribute more than their fair share of funds to both DGF
and Department of Food and Agriculture pest eradication
programs through boater gas tax dollars, vessel
registration fees, and principal and interest paid on loans
for boating infrastructure, all of which flow into the
Harbors and Watercraft Revolving Fund. Rather than the
additional assessment in this bill, the opponents indicate
they would not oppose budget allocations from that fund,
and if it is insufficient, they recommend that other
sources of revenue be sought.
ASSEMBLY FLOOR : 52-25, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
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Furutani, Gatto, Gordon, Gorell, Hall, Hayashi, Roger
Hernández, Hill, Hueso, Huffman, Lara, Bonnie Lowenthal,
Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel
Pérez, Portantino, Skinner, Smyth, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines,
Galgiani, Garrick, Grove, Hagman, Halderman, Harkey,
Huber, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Wagner
NO VOTE RECORDED: Butler, Fletcher, Valadao
CTW:d 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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