BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 763
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          Date of Hearing:   April 16, 2013

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Anthony Rendon, Chair
                   AB 763 (Buchanan) - As Amended:  April 10, 2013
           
          SUBJECT  :   Aquatic Invasive Plants

           SUMMARY  :   Designates the Department of Boating and Waterways  
          (DBW) as the lead agency of the state for control of invasive  
          plants in the Sacramento-San Joaquin Delta (Delta).   
          Specifically,  this bill  :

          1)Designates DBW as the lead agency of the state for the purpose  
            of cooperating with other state and local public agencies in  
            identifying, detecting, controlling, and administering  
            programs to manage, and when feasible eradicate, invasive  
            aquatic plants and other aquatic pest plants in the Delta and  
            its tributaries, including Suisun Marsh.

          2)Authorizes DBW, in consultation with appropriate state,  
            federal and local agencies, and after review and concurrence  
            by the Department of Fish and Wildlife (DFW), to take such  
            action as it determines necessary to control, and where  
            feasible eradicate, invasive aquatic plants and aquatic pest  
            plants.  Requires that any such control actions must be in  
            compliance with all applicable laws and regulations and  
            conducted in an environmentally sound manner.

          3)Requires DBW to regularly consult with other specified federal  
            and state agencies to determine which species of invasive  
            aquatic plants and aquatic pest plants should be given highest  
            priority for treatment, and to determine the best control or  
            feasible eradication methods.

          4)Requires DBW after consulting and identifying a plant that may  
            need to be controlled to notify DFW.  Requires DFW upon  
            notification, and in consultation with other specified  
            entities, to conduct a risk assessment of the invasive plant  
            to determine if the plant poses a threat to the environment or  
            economy.  Requires DFW in conducting the risk assessment to  
            consider specified factors such as threats to the environment,  
            the state's fisheries, the state's economy and infrastructure,  
            navigation, and recreational use of waterways.









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          5)Requires the risk assessment conducted by DFW to specify  
            whether the plant species are invasive or pest species, and to  
            document the severity and types of impacts caused, and  
            requires DFW to report its findings to DBW.

          6)Defines the terms "invasive aquatic plant," "invasive  
            species," and "aquatic pest plant" for these purposes.

          7)States legislative findings and declarations regarding the  
            threats to navigation, fisheries, and ecosystems posed by  
            invasive aquatic plants and aquatic pest plants in the Delta,  
            and the importance of early-stage treatment to protect the  
            state's environment and economy.
               

           

          EXISTING LAW  :

          Designates the DBW as the lead agency of the state for the  
          purpose of cooperating with other public agencies in controlling  
          certain invasive plants in the Delta, namely water hyacinth,  
          egeria densa, and South American spongeplant, and authorizes the  
          DBW to furnish money, services, equipment and other property for  
          control of these three invasive plants.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   Controlling invasive species is an increasing  
          resource management challenge for the state, including control  
          of aquatic invasive plant species in the Delta and its  
          tributaries.  Invasive aquatic plant species can clog waterways,  
          interfering with navigation, obstruct water supply  
          infrastructure, deplete sunlight and nutrients, and compete with  
          other native species.  Early assessment and response is widely  
          recognized as essential for cost effective control of invasive  
          species before they become established or too wide spread. Under  
          current law, the DBW has lead authority for implementing control  
          measures for three identified invasive aquatic plant species in  
          the Delta, but new legislation and a statutory change is  
          required each time a new invasive aquatic plant species is  
          identified.  This can interfere with timely response and does  
          not provide agencies with the flexibility to consult and  
          coordinate in developing effective strategies for invasive  
          species response.  In 1982 the Legislature through enactment of  








                                                                  AB 763
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          SB 1344 gave the DBW lead authority for water hyacinth.  In 1997  
          the law was amended with the enactment of AB 2193 to add egeria  
          densa to the program, and in 2012, AB 1540 (Buchanan) added  
          South American Spongeplant to DBW's authority.

          This bill provides broader authority to DBW to serve as the lead  
          agency of the state for purposes of cooperating with other  
          state, local and federal agencies in identifying, detecting,  
          controlling and administering programs to manage invasive  
          aquatic plant species in the Delta.  To avoid the necessity to  
          go back to the Legislature for additional statutory authority  
          every time a new invasive plant species is identified, this bill  
          would authorize the DBW, when it identifies a species of  
          invasive aquatic plant in the Delta than may need to be treated,  
          to notify the DFW.  The DFW, after consultation with other  
          agencies, would be required to conduct a risk assessment to  
          determine whether the species is a threat to the environment or  
          the economy of the state, such that control measures are  
          warranted.  The DBW would then have authority, with DFW's  
          concurrence, to implement measures to control, or where feasible  
          eradicate, the invasive plant species.  This bill also applies  
          to aquatic pest plants, which are defined to include a plant or  
          alga that may be native to California but can cause  
          environmental harm.  The circumstances under which this could  
          occur may include imbalances in an ecosystem resulting from  
          human disturbance or alteration of the natural environment to  
          such an extent that it has caused a particular species to become  
          a pest species.    

           Note  : It should be noted that the DBW, as a result of the  
          Governor's reorganization plan and related legislation enacted  
          last year, will cease to be a separate, stand-alone department  
          effective July 1, 2013, and will become a division of the  
          Department of Parks & Recreation (DPR).  This should not affect  
          the ability or capacity of DBW to undertake the responsibilities  
          placed on it by this bill as DBW will continue its existing  
          functions as a division of DPR.  

           Support Arguments  :  Supporters note under current law, before  
          control actions can be taken to address the threats posed by an  
          invasive aquatic plant, a statutory change must be made that  
          names the specific type of plant to be addressed.  This process  
          results in delays in action that can allow an invasive plant to  
          proliferate and result in increased control and eradication  
          costs.  This bill will allow more effective control and  








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          eradication of invasive aquatic plants which is vital to  
          California's interconnected water supply system.        

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Alameda County Flood Control and Water Conservation District,  
          Zone 7
          Association of California Water Agencies
          California Agricultural Commissioners and Sealers Association
          California Association of Harbor Masters and Port Captains
          California Marine Parks & Harbors Association
          California Native Plant Society
          California Yacht Brokers Association
          Central Coast Forest Association
          Contra Costa County
          East Bay Municipal Utility District
          Ironhouse Sanitary District
          Marina Recreation Association
          National Marine Manufacturers Association
          Natures Image, Inc.
          Nevada County Resource Conservation District
          Reclamation District 830
          San Diego County Water Authority
          Santa Barbara Botanic Garden
          Western Boaters Safety Group


           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096