BILL ANALYSIS �
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
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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