BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 763 (Buchanan) - Aquatic invasive plants: control and
eradication.
Amended: August 12, 2013 Policy Vote: NR&W
Urgency: No Mandate: No
Hearing Date: August 12, 2013 Consultant:
Marie Liu
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 763 would designate the Department of Boating
and Waterways (DBW) as the lead agency in identifying,
detecting, controlling, and administering programs to manage
invasive aquatic plants in the Delta, its tributaries, and the
Suisun Marsh.
Fiscal Impact: Ongoing costs pressures, likely in the millions
of dollars, from the Harbors and Watercraft Revolving Fund
(special) to DBW for the costs of responding to a new invasive
aquatic plant in the Delta that will need to be managed.
Background: Under existing law, there are a multitude of state
entities that have broad and specific responsibilities relating
to aquatic invasive species including the Departments of Fish
and Wildlife (DFW), Food and Agriculture, Water Resources, and
Boating and Waterways. DBW's authority regarding aquatic
invasive species is very specific- it only has the statutory
authority to treat water hyacinth, Brazilian elodea, and South
American spongeplant in the Delta.
Proposed Law: This bill would give DBW broad authority in
identifying, detecting, controlling, and administering programs
to manage invasive aquatic plants in the Delta, its tributaries,
and the Suisun Marsh. Specifically DBW would be required to:
Regularly consult with other specified federal and state
agencies to determine which aquatic plant species should be
given the highest priority for management and to determine
the best control and eradication measures.
Notify DFW when it has identified a species that may need
to be controlled or eradicated. DFW would be required to
conduct a risk assessment of the species to determine
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whether it presents a risk to the environment, economy, or
human health and navigation and recreational uses of
waterways. The assessment would also determine whether the
plant is invasive. DFW's findings would be reported to DBW
so that DBW can take actions to control, and possibly
eradicate, an invasive plant species.
Related Legislation: AB 1540 (Buchanan) Chapter 188/2012
designated DWB the lead agency for the purpose of responding to
South American spongeplant in the Delta.
Staff Comments: This bill would negate the need for statutory
changes to DBW's authority to respond to future identified
aquatic invasive plants, which potentially can allow DBW to
respond more quickly to new threats. Controlling and eradicating
invasive species can be quite costly. For example, DBW currently
spends tens of thousands of dollars annually in herbicide costs
to control water hyacinth in the Delta. By giving DBW broad
authority to respond to new species, there puts a substantial
cost pressure, likely in millions of dollars on the Harbor and
Watercraft Fund for costs to identify, detect, control or
otherwise manage additional species. Likely costs include
conducting a biological assessment, preparation of necessary
CEQA documents for management activities, herbicide costs, water
quality monitoring, species monitoring, and equipment costs.
Staff notes that early response to invasive species is far less
costly than a delayed response or mitigating the impacts of a
widespread infestation of an aquatic invasive plant.
DFW anticipates no additional costs imposed by this bill as the
responsibilities of DFW in the bill are consistent with current
practices.
Recommended Amendments: DBW, as part of the Governor's
reorganization, became the Division of Boating and Waterways
within the Department of Parks and Recreation effective July 1,
2013. This bill should be amended to reflect this change.
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