BILL ANALYSIS Ó
SB 215
Page 1
Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 215 (Huff) - As Amended: April 26, 2011
SENATE VOTE : 39-0
SUBJECT : Invasive Aquatic Species: Mussels
SUMMARY : Extends the sunset on existing law making it unlawful
to possess, import, transport or place dreissenid mussels in
state waters; authorizing the Department of Fish and Game (DFG)
to take actions to prevent and eradicate mussels if found; and
requiring water supply agencies to implement plans.
Specifically, this bill : Extends the repeal date on existing
laws relating to dreissenid mussels for five years to January 1,
2017. The law will otherwise sunset on January 1, 2012.
EXISTING LAW :
1)Makes it unlawful to possess, import, ship, transport, or
place dreissenid mussels in any water within the state.
2)Authorizes 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.
6)Provides immunity from civil and criminal liability for
operators of water supply facilities who prepare and are in
compliance with plans to control and eradicate mussels, unless
the water operator has failed to update the plan upon request
SB 215
Page 2
of DFG to do so.
7)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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, $1.5 million cost to DFG for enforcement in 2011/12
and $2.3 million annually thereafter, and $1 million cost to
Department of Food and Agriculture for enforcement in 2011/12
and $2 million annually thereafter (Harbors and Watercraft
Revolving Fund).
COMMENTS : Dreissenid mussels, which include quagga and zebra
mussels, are highly invasive species that were first discovered
in the United States in the Great Lakes region in 1988, where
they have caused billions of dollars in damage control costs to
public agencies and private industry. Quagga mussels were
first discovered in California in January of 2007 in Lake
Havasu, and have since spread through the Colorado River
Aqueduct to reach several southern California reservoirs. Zebra
mussels were first detected in California in January of 2008 in
Hollister's San Justo Reservoir in San Benito County. The San
Justo Reservoir gets its water from the San Luis Reservoir which
is used jointly by the federal Central Valley Project and the
California State Water Project. Both of these invasive species
reproduce rapidly and in large numbers, and can severely hinder
water delivery systems due to their capacity to clog pipes,
pumps and other water intake structures. They also harm aquatic
ecosystems by consuming plankton and other nutrients that form
the primary base of the food chain. Dreissenid mussels have
been identified in approximately 25 water bodies since 2007.
Based on the billions of dollars in damages caused by dreissenid
mussels in the Great Lakes region, these invasive species could
seriously threaten California's entire irrigation network, and
the canal system that transports drinking water for millions of
Southern California residents. According to the state's Aquatic
Invasive Species plan, if a mussel invasion is not prevented,
the economic and social consequences to California may be
incalculable. In addition to the state's natural ecosystems and
water conveyance systems, a mussel invasion threatens other
valuable state resources, including commercial and sport
fisheries.
SB 215
Page 3
Recognizing the magnitude of the threat, the Legislature in 2007
enacted AB 1683 (Wolk), which gave DFG authority to conduct
inspections and order disinfections, closures and quarantines if
necessary to prevent the spread of these invasive species. The
law also requires water supply operators to prepare and
implement plans to prevent and control infestations.
Recognizing that it may be impossible to stop the spread of the
mussels despite best efforts, AB 1929 (Hall), enacted in 2010,
provided immunity from liability to the state and water supply
operators who prepare and implement plans in compliance with the
law.
Support Arguments : The author asserts that extending the sunset
on these provisions will prevent future outbreaks of dreissenid
mussels and save California businesses and taxpayers from
shouldering the massive cost of an invasive mussel infestation.
The Metropolitan Water District of Southern California asserts
it is important that the legal authority for DFG be extended so
it can continue its inspection programs and work with water
supply operators to control infestations. California Municipal
Utilities Association notes that mussels pose a major threat to
California's aquatic food web and 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.
The author notes the state appears to be making preliminary
progress in slowing the spread of dreissenid mussels. DFG in
2008 launched an educational and monitoring program to eradicate
and prevent spread of dreissenid mussels. In a boat inspection
program, from 2008 to 2010, the percentage of boats that
required cleaning dropped 5.6%. Infested boats that needed
quarantine dropped 3%. It is hard to speculate on the exact
reason for the decline since the program has only been
implemented for three years and there is limited data available.
However, DFG's educational efforts can be considered as one of
the reasons for this decline.
Despite this positive trend, the threat of dreissenid mussels is
still significant. Last year, DFG found two new infested bodies
of water in the state and there may still be more unidentified
bodies of water affected. Thus there is a need for continued
SB 215
Page 4
vigilance in efforts to prevent the spread of these invasive
species.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies (Sponsor)
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
East Bay Municipal Utility District
Eastern Municipal Water District
El Dorado Irrigation District
Inland Empire Utilities Agency
Irvine Ranch Water District
Kings River Water Association
Kings River Conservation District
Metropolitan Water District of Southern California
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 County Board of Supervisors
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
Western Municipal Water District
Zone 7 Water Agency
Opposition
None received
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
SB 215
Page 5