BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 215|
|Office of Senate Floor Analyses | |
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|327-4478 | |
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THIRD READING
Bill No: SB 215
Author: Huff (R), et al.
Amended: 4/26/11
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 8-0, 04/12/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Wolk
NO VOTE RECORDED: Simitian
SENATE APPROPRIATIONS COMMITTEE : 8-0, 05/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Invasive aquatic species: mussels
SOURCE : Association of California Water Agencies
DIGEST : This bill extends the sunset of existing
provisions that prohibit the possession or importation to
the state of dreissenid mussels and give the Department of
Fish and Game authority to enforce the prohibition. This
bill extends the sunset from January 1, 2012 to January 1,
2017.
ANALYSIS : Existing law:
1.Prohibits a person from possessing, importing, shipping,
or transporting and planting dreissenid mussels in
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California waters.
2.Authorizes the director of the Department of Fish and
Game (DFG) or her/his designee to:
A. Stop and inspect any conveyance that may contain or
carry dreissenid mussels.
B. Close, quarantine and decontaminate areas found or
suspected to be infested in order to control the
spread of mussels.
1.Requires water supply agencies to cooperate with DFG to
control or eradicate mussel infestation. If the mussels
are detected in a water delivery or operation system the
operational agency is expected to prepare and implement a
plan to control and eradicate the mussels. Upon approval
of the plan by DFG, their water delivery system is exempt
from quarantine. Water system operators who are in
compliance with an approved control plan are exempt from
any civil and criminal liability due to the introduction
of mussels that may occur as a result of their system
operations.
2.Subjects violators of these provisions to an
administrative penalty of up to $1000.
3.Protects the state and water agencies against liability
for their efforts to control dreissenid mussels.
4.Sunsets these provisions on January 1, 2012.
This bill extends the sunset of existing provisions that
prohibit the possession or importation to the state of
dreissenid mussels and give the Department of Fish and Game
authority to enforce the prohibition. This bill extends
the sunset from January 1, 2012 to January 1, 2017.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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Major Provisions 2011-12 2012-13
2013-14 Fund
Dept. of Fish and Game $1,150$2,300$2,300Special *
Enforcement
Dept. of Food and $1,000 $2,000$2,000Special *
Agriculture Enforcement
* Harbors and Watercraft Revolving Fund.
SUPPORT : (Verified 5/26/11)
Association of California Water Agencies (source)
Alameda County Flood Control and Water Conservation
District, Zone 7
California Central Valley Flood Control Association
California Farm Bureau Federation
California Municipal Utilities Association
California Special Districts Association
California State Association of Counties
City of Canyon Lake
City of San Diego
Contra Costa Water District
County of Santa Clara Board of Supervisors
East Bay Municipal Utility District
Eastern Municipal Water District
El Dorado Irrigation District
Inland Empire Utilities Agency
Irvine Ranch Water District
Irvine Ranch Water District
Kings River Conservation District
Kings River Water Association
Metropolitan Water District
Monterey County Board of Supervisors
Mountain Counties Water Resources Association
Planning and Conservation League
Regional Council of Rural Counties
San Gabriel County Water District
Santa Clara Valley Water District
Southern California Edison
Three Valleys Municipal Water District
Upper San Gabriel Valley Municipal Water District
Valley Ag Water Coalition
Walnut Valley Water District
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Western Municipal Water District
ARGUMENTS IN SUPPORT : According to Metropolitan Water
District of Southern California "it is important that the
legal authority for the Department of Fish and Game be
extended so the Department can continue its inspection
programs and work with water supply operators to control
infestation." California Municipal Utilities Association
reasons that "without SB 215, DFG's dreissenid enforcement
program would expire on January 1, 2012. These mussels pose
such a major threat to California's aquatic food web. They
are a destructive invasive species that reproduce and
spread quickly. Their establishment in California waters,
including the already stressed California Bay-Delta, could
result in an environmental disaster. For these reasons,
California reservoir operators and DFG will continue to
need this eradication program for the foreseeable future."
East Bay Municipal Utility District raises the point that
"SB 215 would enable DFG to retain its authority and
continue its efforts to stop the further spread of these
invasive mussels to other water bodies in the state."
CTW:nl 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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