BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 896 (Eggman) - Wildlife management areas: mosquito abatement. Amended: March 11, 2014 Policy Vote: NR&W 8-1 Urgency: No Mandate: Yes (see staff comment) Hearing Date: June 23, 2014 Consultant: Marie Liu This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 896 would require specified mosquito abatement and vector control districts (districts) to notify the Department of Fish and Wildlife (DFW) of areas that exceed locally established mosquito population thresholds and would require DFW to prioritize funding for the wildlife management areas that have the highest need for the implementation of best management practices to reduce mosquito populations. Fiscal Impact: Annual costs likely in the low hundreds of thousands of dollars from the Fish and Game Preservation Fund (special) to prioritize funding on a statewide basis. Background: AB 1982 (Wolk) Chapter 553, Statutes of 2004, required a mosquito abatement district whose jurisdiction included a wildlife management area to, at least semiannually, notify DFW (then Department of Fish and Game) of the areas that exceed locally established mosquito population thresholds and associated mosquito control costs. For such identified areas, DFW was required to: Identify best management practices (BMPs) to reduce mosquito populations below the locally established threshold while maintaining and enhancing the wildlife values of the habitat; Develop and implement a mosquito control plan that applies the BMPs and any other necessary practices for each applicable wildlife management area; Work towards securing funding for any capital improvements that would be required by the BMPs; Develop and implement an annual work plan to implement BMPs to the greatest extent possible; and Meet with districts, including for the purpose of refining the BMPs if needed. AB 896 (Eggman) Page 1 AB 1982 also required districts to develop a standardized monitoring procedure, conduct post-treatment monitoring, and to report annually to DFW the total number of acres treated in a wildlife management area. These requirements in AB 1982 sunset in 2010, though according to DFW, contracts between DFW and individual districts for mosquito abatement continue to be in place. Proposed Law: This bill would re-establish the required notification, monitoring and reporting activities of districts under AB 1982 and would additionally require districts who may receive mosquitos from a wildlife management area outside its jurisdiction to follow those same requirements. DFW would be required to prioritize funding for wildlife management areas which have been identified as having exceeded locally established thresholds statewide while taking into account BMPs identified under AB 1982 and any subsequent changes to those BMPs, the mosquito control plans developed under AB 1982 and subsequent changes to those plans, and the existing resources available to implement BMPs in applicable wildlife management areas. Staff Comments: In response to the passage of AB 1982, DFW spent $2.39 million to develop and implement best management practices. While the development of the BMPs and related mosquito control plans provide the basic framework for necessary activities at DFW's 14 actively-managed wildlife management areas, the actual activities that may be necessary for any particular area greatly depends on the environmental conditions of the time, such as water availability and climate. According to DFW, in order to appropriately prioritize funding for the management areas, significant staff time would be needed to develop prioritization metrics, consult with districts, and evaluate the current environmental conditions and needs of each of the identified wildlife management areas. Based on the activities deemed necessary by DFW, staff estimates that costs could reach in the low hundreds of thousands of dollars. Costs may rise into the mid-hundreds of thousands of dollars if DFW determines that BMPs or control plans need to be modified or if DFW feels it is necessary to do a more thorough evaluation of the identified areas. Because the priorities may change with conditions, DFW believes that these costs will be incurred any year which there is funding spent for mosquito abatement. AB 896 (Eggman) Page 2 Staff notes that the costs to implement the BMPs have increased substantially. According to DFW, in one area, abatement costs have risen from $18,000 to $60,000 over the past ten years. Another has risen from $32,000 to $53,000 in five years. DFW notes that they do not have a separate budget for mosquito abatement, rather the costs come out of the wildlife management areas' operation budgets. This bill creates a state mandate by requiring activities of the districts. However, as the districts have authority to recoup their costs through fees, the mandate costs are not reimbursable.