BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 763 HEARING DATE: June 25, 2013
AUTHOR: Buchanan URGENCY: No
VERSION: June 17, 2013 CONSULTANT: Leonardo Scherer
Alves
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Aquatic invasive plants: control and eradication.
BACKGROUND AND EXISTING LAW
The Department of Boating and Waterways was established in 1957.
It is now a division at the Department of Parks and Recreation.
It is dedicated to all aspects of recreational boating and
concurrent to its creation a special fund to fund the
department's activities was established. The division is the
state's expert in a variety of areas such as; recreational
boating, marine law enforcement, consumer and environmental
protection. The division is also heavily involved in developing
environmentally sound boating practices through its clean and
green programs. Also, it is involved in research in climate
change and wave prediction as they relate to navigation and
coastal protection.
In 1982, the legislature designated the division to be the
leading agency in controlling an invasive species, the water
hyacinth (Eichhornia crassipes) in the Delta, its tributaries,
and the Suisun Marsh. Later, in 1997 the control program of
Egeria densa was authorized and treatment began in 2001.
In 2012 the South American spongeplant (Limnobium laevigatum)
was added to the list.
As a lead agency the division is responsible for implementing
the Aquatic Weed Control Program of 1982. This is done by
cooperation with other state, local, and federal agencies.
Current law authorizes the division to furnish money, services,
equipment, and other property with the impetus to control those
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invasive species.
Existing law only allows the division to act on a newly
identified invasive species through legislation that is passed
and signed by the Governor. This process must be repeated each
time a new species of invasive aquatic plant or pest is
identified.
PROPOSED LAW
This bill would designate the division as the lead agency of the
state for the purpose of cooperating with other agencies in
identifying, detecting, controlling, and administering programs
to manage invasive aquatic plants in the Sacramento-San Joaquin
Delta, its tributaries, and the Suisun Marsh. It also:
Identifies the Department of Fish and Wildlife
as the lead agency for the completion of the risk
assessment analysis after consultation with other
agencies.
Requests the division, in consultation with
appropriate state, local, and federal agencies, to
take such action, upon concurrence from the Department
of Fish and Wildlife following the completion of the
risk assessment, to implement control and, when
feasible, eradication measures for invasive aquatic
plants
Urges that any actions taken to control
invasive aquatic plants shall be in compliance with
all applicable laws and regulations and conducted in
an environmentally sound manner
Requires the division to consult with the U.S.
Department of Agriculture, U.S. Fish and Wildlife
Service, the National Oceanic and Atmospheric
Administration, the University of California, and
other members of the scientific and research
communities, as well as state agencies to determine
which aquatic invasive species should be given the
highest priority for management and control
Lists the criteria to be considered by
division when assessing the threat the invasive
species presents
Provides a working definition of invasive
aquatic plant
Clarifies that this bill does not require the
division to eradicate hyacinth or Egeria densa, but
that eradication of South American spongeplant
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populations shall be attempted when detected, to the
extent feasible.
ARGUMENTS IN SUPPORT
The Apex Group states, this bill "creates the necessary
flexibility by moving away from a species-specific approach and
toward a comprehensive look at the entire invasive species
problem. We are confident that with these changes, we will see a
significant reduction in the impact these plants have on the
navigable waters of the Delta."
East Bay Municipal Utility District believes "AB 763 would allow
for more effective control and eradiation of invasive aquatic
plants which is vital to California's interconnected water
supply system."
Rural County Representatives of California affirms that "tourism
is a key component of many rural counties and the state's
ability to respond more quickly to the negative impact of
invasive plants will help benefit the local economy and the
natural resources they come to enjoy."
California Agricultural Commissioners and Sealers Association
declares "this proactive approach will allow the state to
address a potential invasive plant issue before it becomes
unmanageable."
COMMENTS
The inclusion of a definition of invasive aquatic plant is
vital. However, the definition in this bill has a few,
technical, inaccuracies that should be addressed to better
comply with federal regulation and to improve readability.
Clarification on the necessity of the division to consult other
agencies, departments, scientific and research communities
should be included to further incentivize and express to
collaborative spirit of this piece of legislation.
The order of subparagraphs A and B in section 3 should be
switched to represent the clear intent of the legislature to
protect California's natural resources, fauna, and flora, from
non-native invasive species.
This bill aims to modernize an existing program that has
received ample support by the diverse parties involved. It does
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so by allowing the division to carry the necessary procedures to
investigate and assess the options to control, manage, and
eradicate new invasive species without the need for legislative
action.
Invasive species can negatively impact the Delta ecosystem by
outcompeting indigenous plants, blocking sunlight necessary for
photosynthesis, reducing the amount of oxygen dissolved in the
water creating a hypoxic environment, depositing organic matter
at higher rates that normal. Both, Eichhornia crassipes and
Egeria densa are known to form dense mats of vegetation creating
safety hazards for boaters, obstructing navigation channels,
marinas, and irrigation systems. Invasive plants also impact
recreational activities such as swimming, fishing, and hunting;
these plants are capable of modifying water quality and the
habitat.
SUGGESTED AMENDMENTS
AMENDMENT 1
Amend Page 3 lines 23-27 to read:
"Invasive aquatic plant" means a specific aquatic plant or
algae species, including its seeds, fragments, and other
biological materials capable of propagating that species.
The invasive species is non-native to an area, and its
establishment and spread causes or is likely to cause harm
to native species and their habitat; the term invasive
denotes the uncontrolled or unintended spread of the
species into a non-native environment.
AMENDMENT 2
On page 4 line 37 and page 5 line 1
Switch the order of subparagraphs A and B
AMENDMENT 3
On page 5 line 18 after the word plant. Amend to read:
Findings from the risk assessment shall be documented in a
way that clearly describes the severity and types of
impacts caused by that invasive aquatic plant species.
AMENDMENT 4
On page 5 line 22 amend to read:
Add, at beginning of line 22, "Within 30 days"
AMENDMENT 5
Amend Page 5 line 27-31 amend to read:
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(d) For purposes of this section, "invasive aquatic plant"
means a specific aquatic plant or algae species, including
its seeds, fragments, and other biological materials
capable of propagating that species. The invasive species
is non-native to an area, and whose establishment and
spread causes or is likely to cause harm to native species
and their habitat; the term invasive denotes the
uncontrolled or unintended spread of the species into a
non-native environment
SUPPORT
Cal-IPC (sponsor)
Association of California Water Agencies
California Agricultural Commissioners and Sealers Association
California Association of Harbor Masters and Port Captains
California Farm Bureau Federation
California Native Plant Society
Catalina Island Conservancy
Contra Costa County Board of Supervisors
Contra Costa Water District
East Bay Municipal Utility District
Friant Water Authority
Friends of Five Creeks
Mariposa County Department of Agriculture
Mission Resource Conservation District
Mojave Weed Management Area
Morro Coast Audubon Society
Natures Image
Nevada County Resource Conservation District
Recreational Boaters of California
Resource Conservation District of Monterey County
Rural County Representative of California
San Diego County Water Authority
Santa Ana Watershed Association
The Apex Group, East Bay Municipal Utility District
Town of Discovery Bay
Vandenberg Village Association
Weed Research and Information Center-UC Davis
Wildlife Heritage Foundation
1 Individual
OPPOSITION
None Received
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