BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 763|
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THIRD READING
Bill No: AB 763
Author: Buchanan (D)
Amended: 9/3/13 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/25/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/30/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 77-0, 5/30/13 - See last page for vote
SUBJECT : Aquatic invasive plants: control and eradication
SOURCE : Cal-IPC
DIGEST : This bill designates the Division of Boating and
Waterways (DBW) 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.
ANALYSIS : 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,
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equipment and other property for control of these three invasive
plants.
This bill:
1.Gives the DBW broad authority in identifying, detecting,
controlling, and administering programs to manage invasive
aquatic plants in the Delta, its tributaries, and the Suisun
Marsh.
2.Requires the DBW to:
A. 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.
B. Notify the Department of Fish and Wildlife (DFW) when it
has identified a species that may need to be controlled or
eradicated. Requires DFW to conduct a risk assessment of
the species to determine whether it presents a risk to the
environment, economy, or human health and navigation and
recreational uses of waterways.
1.Requires the DFW, after receipt of that notice, in
consultation with other appropriate local, state, and federal
agencies, to conduct a risk assessment of that aquatic plant
species to determine whether the plant species presents a
threat to the environment, economy, or human health, as
determined after consideration of specified factors.
2.Requires the risk assessment to specify whether the aquatic
plant under consideration has been determined to be an
invasive aquatic plant. Requires DFW, within 60 days after
completing that assessment, to report its findings to DBW so
that DBW may take any necessary action and, when feasible,
eradicate an invasive aquatic plant.
Background
The DBW was established in 1957. It is now a division at the
Department of Parks and Recreation. It is dedicated to all
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aspects of recreational boating and concurrent to its creation a
special fund to fund the department's activities was
established. DBW is the state's expert in a variety of areas
such as; recreational boating, marine law enforcement, consumer
and environmental protection. DBW 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.
Existing law authorizes the division to furnish money, services,
equipment, and other property with the impetus to control those
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, 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.
SUPPORT : (Verified 8/30/13)
Cal-IPC (source)
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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
Town of Discovery Bay
Vandenberg Village Association
Weed Research and Information Center-UC Davis
Wildlife Heritage Foundation
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
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natural resources they come to enjoy."
The 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."
ASSEMBLY FLOOR : 77-0, 5/30/13
AYES: Achadjian, Alejo, Allen, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Ammiano, Holden, Vacancy
RM:ej 9/1/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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