BILL ANALYSIS Ó
AB 2443
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CONCURRENCE IN SENATE AMENDMENTS
AB 2443 (Williams)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |52-25|(May 30, 2012) |SENATE: |23-6 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: W., P. & W.
SUMMARY : Imposes a Quagga and Zebra mussel infestation
prevention fee on vessel registrations to fund a grant program
for implementation and administration of dreissenid mussel
infestation inspection and prevention programs.
The Senate amendments :
1)Require the Department of Motor Vehicles (DMV) when collecting
vessel registration and renewal fees to collect an additional
Quagga and Zebra mussel infestation prevention fee in an
amount established by the Department of Boating and Waterways
(DBW). DMV would be required to provide documentation of its
administrative costs to DBW.
2)Provide that the prevention fee shall not be more than $10 for
vessels initially registered in even years, $20 for vessels
registered in odd years, and $20 for renewals.
3)Require emergency regulations adopted by DBW to include rules
for administering grants to be awarded from the prevention fee
revenue collected.
4)Delete the creation of a new Quagga and Zebra mussel Account
and instead require the fee revenue to be deposited in the
Harbors and Watercraft Revolving Fund and used exclusively for
the grants program and administrative costs. The fee revenue
would be available upon appropriation of the Legislature to
cover DBW's reasonable administrative costs, the Department of
Fish and Game's (DFG) reasonable costs, not to exceed 15% of
the remaining revenues in the fund, and not less than 85% of
the remaining revenues deposited in the fund to be available
for grants for infestation prevention programs.
AB 2443
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5)Require DBW in awarding grants to take into consideration
benefits of regional-scale plans and impacts to rural and
urban reservoirs.
6)Require as a condition of receiving grant funding that an
entity report data to DBW on programs implemented with the
funding.
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 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.
AS PASSED BY THE ASSEMBLY , this bill required that a Quagga and
Zebra mussel infestation prevention fee be imposed in an amount
not to exceed $10, on every vessel subject to registration fees
in California. The fees would be deposited into a Quagga and
Zebra Mussel Infestation Prevention Account which this bill
would create, and expended solely for the purposes of this bill.
Funds in the Account would be available to DBW upon
appropriation of the Legislature, with 85% being made available
for grants to local governments to implement a dreissenid mussel
infestation prevention plan, and 15% to the Department of Fish
and Game (DFG) for inspections and other actions to prevent
spread of dreissenid mussels in areas of the state where a
dreissenid mussel infestation plan has not been adopted
.
FISCAL EFFECT : According to the Senate Appropriations
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Committee, estimated revenues of $5.1 million annually to the
Harbors and Watercraft Revolving Fund from new vessel
registration fee, as follows:
1)$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.
2)$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.
3)$410,000 annually from the Harbors and Watercraft Revolving
Fund to DFG to implement a Quagga and Zebra mussel prevention
plan.
4)Up to $4.2 million annually from the Harbors and Watercraft
Revolving Fund to DBW for local grants to fund infestation
prevention programs.
COMMENTS : This bill would establish a dedicated funding source
to cover the costs of local inspection programs to prevent the
infestation or spread of infestation of Quagga and Zebra mussels
in California waters. Quagga and Zebra mussels are non-native
dreissenid mussels which were introduced to the United States
from Europe in 1988 and first appeared in the Great Lakes region
where they have caused billions of dollars in economic damages.
Quagga mussels were first discovered in California in Lake
Havasu in 2007 and have since been identified in 25 freshwater
bodies in California, mostly in Southern California, and in the
Colorado River Aqueduct. Zebra mussels were found in 2008 in
San Justo Reservoir in San Benito County. Both mussels are
highly invasive species that reproduce rapidly and in large
quantities, and can severely hinder water delivery systems by
clogging pipes, pumps and other water intake structures.
The Senate amendments make procedural changes related to
collection of the fees, reimbursement of administrative
expenses, and fund management, and add reporting requirements.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
AB 2443
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FN:
0005342