BILL ANALYSIS Ó
SB 215
Page 1
SENATE THIRD READING
SB 215 (Huff)
As Amended April 26, 2011
Majority vote
SENATE VOTE :39-0
WATER, PARKS & WILDLIFE 13-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Halderman, Bill |Ayes:|Fuentes, Harkey, |
| |Berryhill, Blumenfield, | |Blumenfield, Bradford, |
| |Campos, Fong, Gatto, | |Charles Calderon, Campos, |
| |Roger Hernández, Hueso, | |Davis, Donnelly, Gatto, |
| |Jones, Lara, Olsen, | |Hall, Hill, Lara, |
| |Yamada | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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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
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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
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 Assembly Appropriations
Committee:
1)Minor, absorbable annual costs of no more than tens of
thousands of dollars, from calendar year 2012 to calendar year
2017, to DFG to continue development of plans to slow the
spread of dreissenid mussels. (Special fund.)
2)Cost pressure to continue annual appropriations from the
Harbors and Watercraft Revolving Fund to combat the spread of
dreissenid mussels. (DFG reports that currently, there is
$2.3 million in the Harbors and Watercraft Revolving Fund
allocated to the department's Quagga Mussel Program. DFG
indicates its expenditure of these funds on the program is not
dependent upon passage of this bill.)
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
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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.
Recognizing the magnitude of the threat, the Legislature in 2007
enacted AB 1683 (Wolk), Chapter 419, Statutes of 2007, 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), Chapter 152, Statutes of 2010, provided immunity from
liability to the state and water supply operators who prepare
and implement plans in compliance with the law.
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. Supporters, including
the Metropolitan Water District of Southern California assert it
is important the legal authority for DFG be extended so it can
continue its inspection programs and work with water supply
operators to control infestations. Other supporters note the
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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. Most recently, news reports indicated
a boat preparing to enter Lake Tahoe was discovered to be
infested with quagga mussels. Thus there is a need for
continued vigilance in efforts to prevent the spread of these
invasive species.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0002176