as amended, Alejo. Safe Water and Wildlife Protection Act of
begin delete 2015.end delete
Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state.
This bill would enact the Safe Water and Wildlife Protection Act of
begin delete 2015,end delete which would require the State Water Resources Control Board to establish and coordinate the Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, in consultation with the Secretary for Environmental Protection, and would prescribe the begin delete composition andend delete
functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of toxic algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2017. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, begin delete from the State Water Pollution Cleanup and Abatement Account,end delete
from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of begin delete 2014,end delete or from other appropriate funds for applied research, projects, and programs, recommended by the task force, aimed at preventing or sustainably mitigating toxic blooms of cyanotoxins and microcystin pollution in the waters of the state.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) Toxic blooms of cyanobacteria in the waters of the state,
4including, but not limited to, coastal lakes, estuaries, rivers and
5streams, wetlands, and inland lakes and reservoirs, represent a
6threat to water supplies, human health, endangered wildlife, and
8(b) Cyanobacteria are widespread bacteria that are capable of
9forming toxic blooms and super-blooms in the waters of the state.
10(c) Degradation of watersheds, nutrient loading, increased water
11diversions, and climate change have been linked to the global
12expansion of cyanobacterial blooms, with high toxin production
13noted regularly in lakes, rivers, and other waters of the state.
14(d) The state’s waters are especially prone to toxic
15cyanobacterial blooms due to our warm climate, numerous water
16diversions, and stressed waterways.
P3 1(e) Cyanobacteria produce potent hepatotoxins and neurotoxins,
2collectively referred to as cyanotoxins. Microcystins are the most
3commonly found cyanotoxin in the state’s impacted waters. Other
4cyanotoxins, such as the neurotoxins anatoxin-a and saxitoxin, are
5also present in California’s waters, but, at present, little is known
7(f) Cyanotoxins are poisonous to humans, pets,
8and other wildlife via ingestion, inhalation, or skin exposure. A
9single dose of microcystin can cause prolonged toxicity by cycling
10repeatedly between the liver and intestines.
11(g) Blooms of microcystins and other toxic cyanobacteria are
12occurring in waters throughout California, and are threatening our
13water supply and health. Areas with recurrent and worsening
14cyanotoxin pollution include the Klamath and Sacramento Rivers,
15the Sacramento and San Joaquin Rivers (from the Sacramento
16Delta to San Francisco Bay), and Clear Lake. Pinto Lake, Copco
17Lake, Iron Gate Reservoir, and three segments of the Klamath
18River have been listed as impaired due to cyanobacteria. Bird
19deaths attributed to microcystins have also been reported from the
21(h) The Pinto
Lake watershed is being evaluated for total
22maximum daily load (TMDL) regulation for microcystin, and was
23considered for remediation as an Environmental Protection Agency
25(i) California’s southern sea otters, a state and federally listed
26threatened species, have died from microcystin poisoning. The
27source of sea otter exposure appears to be
28microcystin-contaminated freshwater runoff and possibly
29contaminated prey species.
30(j) Sea otters and humans eat some of the same marine foods
31that can concentrate microcystin in body tissues; hence, food safety
32is a public health concern. Freshwater and marine fish and shellfish
33have not been routinely tested for cyanotoxins in California and
34limited diagnostic testing is available.
35(k) The state needs a coordinated multiagency effort to develop
36actions and projects that will prevent or mitigate toxic blooms and
37associated cyanotoxin pollution.
Chapter 10 (commencing with Section 31420) is added
39to Division 21 of the Public Resources Code, to read:
This chapter shall be known, and may be cited, as the
5Safe Water and Wildlife Protection Act of
begin delete 2015.end delete
For purposes of this chapter, the following terms have
7the following meanings:
8(a) “Board” means the State Water Resources Control Board.
9 (b) “Task
begin delete Force”end delete means the Algal Bloom Task Force
10created pursuant to Section 31422.
11(c) “Waters of the state” means any surface waters in the state,
12 including, but not limited to, coastal lakes, lagoons and estuaries,
13rivers, streams, inland lakes and reservoirs, and wetlands.
(a) The board shall establish and coordinate the Algal
15Bloom Task Force, comprised of a representative of each of the
16State Department of Public Health, the Department of Fish and
17Wildlife, the Department of Food and Agriculture, the conservancy,
18and other relevant agency representatives, to be determined by the
19chairperson of the board, in consultation with the Secretary for
20Environmental Protection. The board may augment an existing
21 task force or network to accomplish the requirements of this
23(b) This section shall remain in effect only until January 1, 2019,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2019, deletes or extends that date.
The functions and duties of the task force include all
27of the following:
28(a) Assess and prioritize the actions and research necessary to
29develop measures that prevent or sustainably mitigate toxic algal
30blooms in the waters of the state. The assessment shall consider
31the linked impacts of toxic algal blooms and cyanotoxins on human
32and animal health, as well as in the context of ecosystem health
33and water quality.
34(b) Solicit and review proposals from universities, local
35governments, California Native American tribes, and nonprofit
36organizations for applied research, projects, and programs that
37accomplish both of the following:
38(1) Contribute to development of strategies or implementation
39of activities that prevent or sustainably mitigate toxic blooms of
40cyanotoxins and microcystin pollution in the waters of the state.
P5 1(2) Establish cyanotoxin monitoring programs or develop
2laboratory capacity for analyzing water samples for cyanotoxin
4(c) Provide funding recommendations to the chairperson of the
5board and to the Department of Fish and Wildlife, the Wildlife
6Conservation Board, the conservancy, other members of the task
7force, and other relevant agency representatives for those proposals
8for applied research, projects, and programs, described in
9subdivision (b), that the task force determines will contribute to
10the development of prevention strategies and sustainable mitigation
11actions to address toxic blooms of cyanotoxins and microcystin
12pollution in waters of the state.
13(d) Review the risks and negative impacts of toxic algal blooms
14and microcystin pollution on humans, wildlife, fisheries, livestock,
15pets, and aquatic ecosystems, and develop recommendations for
16prevention and long-term mitigation. The task force shall submit
17a summary of its findings based on the review, including its
18recommendations to the appropriate policy and fiscal committees
19of the Legislature, the Secretary for Environmental Protection, and
20the Secretary of the Natural Resources Agency on or before January
211, 2017. The recommendations shall provide guidance on what
22type of programs or state resources will be required to prevent
23damaging toxic algal blooms and microcystin pollution in the
24waters of the state over time.
25(e) Organize meetings and workshops of experts and
26stakeholders as needed to implement this section.
22 34(f)end delete
35 This section shall remain in effect only until January 1, 2019,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2019, deletes or extends that date.
The conservancy, the Department of Fish and Wildlife,
39the Wildlife Conservation Board, and the board, or any of them,
40may enter into contracts and provide grants, upon appropriation,
begin delete from the State Water Pollution Cleanup and Abatement Account,end delete
2 from funds available pursuant to Section 79730 of the Water
begin delete Code,end delete
3 or from other appropriate funds accessible by any of these
begin delete agencies,end delete for applied research, projects,
5and programs recommended by the task force pursuant to
6subdivision (c) of Section 31423.