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