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 AB 763 (Buchanan) Page 1 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. AB 763 (Buchanan) Page 2