BILL ANALYSIS Ó AB 763 Page 1 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. AB 763 Page 2 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 Page 3 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 AB 763 Page 4 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