BILL ANALYSIS Ó
AB 300
Page 1
Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 300
(Alejo) - As Amended March 5, 2015
SUBJECT: Safe Water and Wildlife Protection Act of 2015
SUMMARY: Establishes an Algal Bloom Task Force to review the
risks and negative impacts of toxic algal blooms and make
recommendations on funding, prevention, and long-term
mitigation.
EXISTING LAW:
1)Establishes the State Coastal Conservancy (SCC), and
prescribes the membership, and functions and duties of the SCC
with respect to preservation of coastal resources in the
state.
2)Creates an option to make a voluntary contribution on a tax
return to the Sea Otter Fund, which provides funding to the
Department of Fish and Wildlife (DFW) and SCC for actions and
research reducing sea otter mortality.
3)Under the Porter-Cologne Water Quality Control Act (Act),
establishes the State Water Resources Control Board (SWRCB)
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and regional water quality control boards (RWQCBs) in the
California Environmental Protection Agency, which must be "the
principal state agencies with primary responsibility for the
coordination and control of water quality."
4)The Act includes requirements for preparation of guidelines to
be used by the SWRCB and RWQCBs for the purpose of listing and
delisting waters as impaired and developing and implementing
the total maximum daily load (TMDL) program, pursuant to the
federal Clean Water Act. Implementing a TMDL for an impaired
water body involves applying the pollution control practices
necessary to reduce the pollutant loads to the extent
determined necessary in the TMDL.
THIS BILL:
1)Requires the SCC to establish and coordinate the Algal Bloom
Task Force comprised of a representative of the following:
a) State Department of Public Health (DPH);
b) DFW;
c) SWRCB;
d) Other relevant agency representatives.
2)Requires the Task Force to:
a) Assess and prioritize the actions and research necessary
to develop measures that prevent or mitigate toxic algal
blooms in the waters of the state;
b) Apply the "one health" approach that considers linked
impacts of toxic algal blooms;
c) Provide funding recommendations from proposals submitted
by universities, local governments and nonprofits
organizations for applied research, projects, and programs
that will contribute to the development of prevention
strategies and sustainable mitigation actions to address
toxic blooms of cyanotoxins and microcystin pollution in
the waters of the state;
d) Review the risks and negative impacts of toxic algal
blooms on humans, wildlife, fisheries and aquatic
ecosystems and develop recommendations for prevention and
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long-term mitigation;
e) Develop and submit recommendations by January 1, 2017 to
the Secretary of the Natural Resources Agency that provide
guidance on what type of programs or state resources will
be required to prevent damaging toxic algal blooms in the
waters of the state over time.
4.) Authorizes SCC, DFW, Wildlife Conservation Board (WCB), and
SWRCB, or any of them, to provide grants for applied research,
projects, and programs recommended by the Task Force from $1.495
billion available, upon appropriation by the Legislature,
pursuant to the Water Quality, Supply, and Infrastructure
Improvement Act of 2014 (Proposition 1) for multibenefit
ecosystem and watershed protection and restoration projects in
accordance with statewide priorities.
FISCAL EFFECT: Unknown
COMMENTS:
1 Harmful Algal Blooms. Blue-green algae, or cyanobacteria, are
a form of bacteria. These algae are thought to be among the
first life forms on Earth. The majority of freshwater harmful
algal blooms (HABs) reported in the United States and
worldwide are due to one group of algae, cyanobacteria. HABs
have been detected in many water bodies throughout the state.
Elevated nutrients in water bodies can contribute to HABs.
Significant sources of nutrient loads include urban runoff,
wastewater treatment plants, fertilizer/manure applications,
livestock, septic systems, natural background and atmospheric
deposition, and groundwater inflow into streams and lakes. DPH
and various county health departments have documented cases of
dog fatalities throughout the state from HABs. In addition,
HABs have been implicated in the deaths of southern sea otters
in central California. Humans have also experienced illness
from exposure.
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2 TMDLs. Both Pinto Lake in Watsonville and the Klamath River
have been put on the Clean Water Act 303(d) list for
impairment by HABs. A TMDL is being developed for Pinto Lake
watershed. In 2010, a TMDL was adopted by the North Coast
Regional Water Quality Control Board for the Klamath River to
address temperature, dissolved oxygen, nutrients, and HABs.
Adopting and implementing these TMDLs will provide control
measures to address HABs.
3 CyanoHAB Network (CCHAB). CCHAB, formally known as the
statewide Blue Green Algae Public Working Group, has a diverse
membership that include the SWRCB, RWQCBs the Office of
Environmental Health Hazard Assessment, DFW, DPH, and the
Department of Water Resources. It also includes federal
agencies, tribal governments, county agencies, cities,
academics, researchers, and utilities. CCHAB has conducted
investigations, supported research, and funded planning and
pilot projects to address HABs. Rather than creating a new
task force the author and the committee may wish to consider
amending AB 300 to require the SWRCB's CCHAB accomplish the
goals of AB 300.
4 One-health approach. The One Health approach, developed by
the One Health Institute at University of California at Davis,
recognizes the interconnectedness of human, animal, and
ecosystem health and encourages collaboration between diverse
disciplines to address complex health problems. AB 300
requires the Task Force to apply a one-health approach, yet it
is unclear why that should be the exclusive approach and why
the Task Force should not consider other approaches. The
author and the committee may wish to consider amending the
bill to remove all references to the one-health approach while
still requiring the consideration of linked impacts of toxic
algal blooms and cyanotoxins on human and animal health.
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5 Proposition 1. AB 300 authorizes SCC, DFW, WCB, and SWRCB to
enter into contracts and provide grants from the $1.495
billion made available for "competitive grants for
multibenefit ecosystem and watershed protection and
restoration projects in accordance with statewide priorities"
by Proposition 1. This pot of funding is further broken down
in chapter 6 of Proposition 1 to fund conservancies and many
other priorities and obligations. All of these funds are
subject to appropriation by the Legislature. It is unclear if
this funding source is appropriate for the applied research,
projects and programs the Task Force recommends. In the past,
work on HABs has been funded through the SWRCB's Cleanup and
Abatement Fund, the Sea Otter Fund and the Ocean Protection
Trust Fund. These funds may be more appropriate. In addition,
it is unclear if the groups identified should all have
authorization to provide grants to implement the Task Force's
recommendations. If this bill passes out of this committee the
author may wish to further refine these fiscal provisions
prior to the bill's hearing in Assembly Appropriations.
REGISTERED SUPPORT / OPPOSITION:
Support
City of Watsonville
Defenders of Wildlife
AB 300
Page 6
Save Our Shores
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092