BILL ANALYSIS �
AB 763
Page 1
ASSEMBLY THIRD READING
AB 763 (Buchanan)
As Amended April 10, 2013
Majority vote
WATER, PARKS & WILDLIFE 15-0
APPROPRIATIONS 17-0
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|Ayes:|Rendon, Bigelow, Allen, |Ayes:|Gatto, Harkey, Bigelow, |
| |Blumenfield, Bocanegra, | |Bocanegra, Bradford, Ian |
| |Dahle, Fong, Frazier, | |Calderon, Campos, |
| |Beth Gaines, Gatto, | |Donnelly, Eggman, Gomez, |
| |Gomez, Gray, Patterson, | |Hall, Ammiano, Linder, |
| |Yamada, Williams | |Pan, Quirk, Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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.
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 : According to the Assembly Appropriations
Committee, to the extent that new invasive and pest aquatic
plants are identified and require herbicide treatment:
1)Significant initial costs to DBW and DFW of over $500,000 for
required state and federal environmental impact review for
every plant species (special fund).
2)An estimated $500,000 every five years to update biological
assessment and federal and state environmental impact review
(special fund.)
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3)Significant ongoing costs to purchase herbicide and monitor
water quality in the range of $100,000 to $5 million for each
new plant species requiring treatment, depending on location
and infestation level.
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,
interfere 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 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
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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.
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 and 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.
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 eradication of invasive aquatic
plants which is vital to California's interconnected water
supply system.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0000811