BILL ANALYSIS Ó AB 896 Page 1 Date of Hearing: April 30, 2013 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Anthony Rendon, Chair AB 896 (Eggman) - As Introduced: February 22, 2013 SUBJECT : Wildlife Management Areas; Mosquito Abatement SUMMARY : Reenacts provisions of law requiring best management practices for control of mosquitos in wildlife management areas that previously sunsetted. Specifically, this bill : 1)States the Legislature's intent to control mosquito production on managed wetland habitat that is owned by the Department of Fish and Wildlife (DFW) in a manner that: protects waterfowl and other wildlife values; minimizes financial costs to DFW; reduces the need for chemical treatments; increases communication between DFW, local mosquito abatement and vector control districts, and the Department of Public Health; and protects humans and animals from vector-borne diseases such as West Nile virus. 2)States legislative findings and declarations that implementing mosquito prevention best management practices on managed wetland habitat is critical to DFW's effort to reduce mosquito production on its wildlife management areas. 3)Requires a mosquito abatement and vector control district whose boundaries include one or more wildlife management areas to periodically or at least semiannually notify DFW of those areas that exceed locally established mosquito population thresholds, of associated mosquito control costs, and the basis for the thresholds. Authorizes the Department of Public Health to review the thresholds and costs for conformity to generally acceptable mosquito control standards. 4)Requires DFW in any wildlife management areas identified as exceeding the thresholds identified in 3) above to do all of the following: a) Identify best management practices that will reduce mosquito populations below the locally established threshold value while maintaining and enhancing waterfowl and other wildlife values of the habitat. b) Develop and implement a mosquito control plan, in consultation with the local mosquito abatement and vector AB 896 Page 2 control district that applies best management practices and any other necessary management practices at each applicable wildlife management area. c) Work to secure any necessary funding through the Wildlife Conservation Board (WCB) or other sources if capital improvements or other infrastructure are required to implement the best management practices. d) Develop an annual work plan each Spring, in consultation with the local mosquito abatement and vector control district, for each wildlife management area that specifies intended management activities for each unit and employs best management practices to the extent practicable. e) Implement best management practices referenced in the annual work plan to the greatest extent possible, recognizing unanticipated modifications may be necessary due to other factors and may require alteration of wetland management plans. f) Meet with the local mosquito abatement and vector control district each summer to coordinate fall flooding of managed wetland habitat at each applicable wildlife management area and, if chemical treatment is necessary, conduct post-fall flooding meetings to discuss refinement of practices. g) Authorizes DFW to consult with the Department of Public Health, if the wetland occupies land outside the jurisdiction of a mosquito abatement and vector control district, to determine which best management practices can be implemented. 5)Requires a mosquito abatement and vector control district whose boundaries include a wildlife management area, in consultation with DFW, to do all the following: a) Develop standardized monitoring procedures for mosquito surveillance for each managed wetland habitat at each wildlife management area, and provide a copy of the procedures to DFW. Authorizes the Department of Public Health to review the procedures for conformity with generally accepted mosquito control standards. b) Conduct posttreatment monitoring of wildlife management areas and develop performance criteria to document mosquito control effectiveness. c) Provide an annual report to DFW specifying the types and quantities of pesticides used, types of habitats sprayed, and the total number of acres treated in a AB 896 Page 3 wildlife management area. Requires that the annual report also include recommendations for the refinement of best management practices to reduce the need for any chemical treatment or other nonecological control. 6)Defines various terms for purposes of this bill. EXISTING LAW : 1)Provides for the formation of local mosquito abatement and vector control districts, and authorizes the districts to conduct programs for the surveillance, prevention, abatement and control of mosquitos and other vectors. States the Legislature's intent that the districts cooperate with other public agencies to protect the public health, safety and welfare, and to protect the public from vectors and pathogens such as West Nile virus. 2)Authorizes DFW to protect, restore, rehabilitate, and improve fish and wildlife habitats, and to manage wetlands and other wildlife management areas under DFW's jurisdiction. FISCAL EFFECT : Unknown COMMENTS : This bill would reenact provisions of prior law regarding best management practices for mosquito control in managed wetland wildlife habitat areas which inadvertently sunsetted in 2010. The prior law was enacted through AB 1982 (Wolk), Chapter 553, Statutes of 2004. This bill would reenact the provisions of AB 1982 verbatim, with the absence of the 2010 sunset. As was described in the analysis of AB 1982, this bill reconciles two potentially conflicting state policies: the promotion and maintenance of wetlands habitat for waterfowl and other native wildlife, and the protection of humans and wildlife from vector borne diseases carried by mosquitos, such as West Nile virus. AB 1982 called for the development and implementation of ecological controls, known as best management practices (BMPs), in wildlife areas that can reduce the need for chemical treatment while also controlling mosquito populations below established thresholds. The BMPs include management strategies that rely more on the timing of flooding, vegetation control work, and other habitat practices, rather than on spraying alone. Use of BMPs also reduces costs for both AB 896 Page 4 wildlife area managers and mosquito abatement districts. With the enactment of AB 1982, the mosquito abatement and vector control districts found that implementation of the BMPs in cooperation with DFW produced significant benefits, including but not limited to, better control of mosquito populations and a reduction in necessary pesticide applications. Progress reports issued on implementation and monitoring of BMPs in the Yolo Bypass Wildlife Area and on Grizzly Island showed very few problems were encountered and the BMPs did work to reduce mosquito numbers. Overall, the numbers of acres requiring treatment with pesticides was reduced in areas where the BMPs were implemented. The districts would like to continue these BMP projects with DFW, which this bill would allow. REGISTERED SUPPORT / OPPOSITION : Support Mosquito and Vector Control Association of California (sponsor) Alameda County Mosquito Abatement District Burney Basin Mosquito Abatement District Butte County Mosquito and Vector Control District California Special Districts Association City of Alturas Colusa Mosquito Abatement District County of Santa Cruz Delta Vector Control District Greater Los Angeles County Vector Control District Kern Mosquito and Vector Control District Lake County Vector Control District Marin/Sonoma Mosquito & Vector Control District Merced County Mosquito Abatement District Orange County Vector Control District Pine Grove Mosquito Abatement District Placer Mosquito & Vector Control District Sacramento Mosquito & Vector Control District San Joaquin County Mosquito and Vector Control District Solano County Mosquito Abatement District Shasta Mosquito and Vector Control District Sutter-Yuba Mosquito & Vector Control District Tehama County Mosquito and Vector Control District Turlock Mosquito Abatement District Opposition AB 896 Page 5 None on file. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096