BILL ANALYSIS �
AB 763
Page 1
ASSEMBLY THIRD READING
AB 763 (Buchanan)
As Amended May 29, 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
aquatic 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, local, and federal agencies
in identifying, detecting, controlling, and administering
programs to manage invasive aquatic plants in the Delta, its
tributaries and the 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 implement control and,
where feasible, eradication measures for invasive aquatic
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 should be given highest priority for
management, and to determine the best control and, when
feasible, eradication measures.
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4)Requires DBW after consulting and identifying a plant that may
need to be controlled or eradicated 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, economy or human health. Requires DFW in
conducting the risk assessment to consider specified factors
such as threats to the environment, the state's fisheries,
birds, water quality, 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, 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" for these purposes.
7)Clarifies that this bill does not require DBW to attempt
eradication of water hyacinth or Egeria densa, but that
eradication of South American spongeplant populations shall be
attempted when detected to the extent feasible.
8)States legislative findings and declarations regarding the
impacts of invasive aquatic plants on the Delta, and the
importance of early-stage response to protect the state's
environment, economy and human health.
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 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
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(special fund.)
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 that 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,
economy or human health, 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.
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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: 0001021