BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: AB 300 ----------------------------------------------------------------- |Author: |Alejo | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |6/25/2015 |Hearing |7/15/2015 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Laurie Harris | | | | ----------------------------------------------------------------- SUBJECT: Safe Water and Wildlife Protection Act of 2016. ANALYSIS: Existing law: 1) Establishes the State Water Resources Control Board (SWRCB), under the Porter-Cologne Water Quality Act, in the California Environmental Protection Agency (CalEPA) to formulate and adopt state policy for water quality control and coordinate with regional water boards these responsibilities. (Water Code (WAT) §13000 et seq.) 2) Establishes the State Coastal Conservancy (Conservancy) with the responsibility for implementing a program of agricultural protection, area restoration, and resource enhancement in the coastal zone. (Public Resources Code §31054 et seq.) 3) Establishes the Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds Fund with $1.495 billion, upon appropriation from the Legislature, for competitive grants for multibenefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities. (WAT §79730 et seq.) This bill: 1) States findings and declarations of the Legislature concerning the impact of harmful algal blooms, particularly from cyanobacteria, to wildlife and public health in AB 300 (Alejo) Page 2 of ? California, and the need for a multiagency effort to address them. 2) Establishes the Safe Water and Wildlife Protection Act of 2016 as a new chapter in the Public Resources Code. 3) Defines "waters of the state" as any surface waters, including coastal lakes, lagoons, estuaries, rivers, streams, inland lakes and reservoirs, wetlands, and marine waters. 4) Requires the SWRCB to create the Algal Bloom Task Force, comprised of a representative from each of the following: Department of Public Health (DPH), Department of Fish and Wildlife (DFW), California Department of Food and Agriculture (CDFA), the State Coastal Conservancy (Conservancy), and other relevant state agencies. Allows the SWRCB to augment an existing task force to accomplish the requirements of the chapter. 5) Sets forth the functions and duties of the task force to include all of the following: a) Assess and prioritize actions and research to develop prevention or mitigation measures for toxic algal blooms. b) Solicit and review proposals from specified groups for research, projects, and programs to prevent, mitigate, and monitor toxins from algal blooms. c) Provide funding recommendations to specified groups for proposals. d) Review risks and negative impacts of toxic algal blooms on specified groups and submit a summary of findings and recommendations to the Legislature and agencies as specified by January 1, 2017. e) Organize meetings and workshops of experts and stakeholders. f) Establish a public notification system about task force activities. 6) Repeals the sections pertaining to the establishment of the task force and its functions and duties as of January 1, 2019. 7) Allows for the Conservancy, DFW, the Wildlife Conservation Board, and/or the SWRCB to enter into contracts and provide AB 300 (Alejo) Page 3 of ? grants from the Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds fund ($1.495 billion) or other appropriate funds accessible for the specified applied research, projects, and programs recommended by the task force. Background 1) Overview of Harmful Algal Blooms (HABs) and Their Impacts. In balanced ecosystems, algae are harmless and serve as a food base for many organisms. When there is an overabundance of nutrients and ideal growth conditions, algae populations can grow rapidly and form blooms, and certain species of algae produce toxins that can harm water quality and animal and human health. These blooms can occur in both marine and freshwater. According to the National Oceanic and Atmospheric Administration's (NOAA) Center for Sponsored Coastal Ocean Research (CSCOR), HABs have been reported as a recurring event in virtually every coastal state. In marine areas, this has resulted in degradation of coastal habitats, loss of economically and culturally vital shellfish resources, illness and death in marine species, and serious threats to human health from the algal toxics. A conservative average economic estimate for the impacts of HABs is $82 million per year. Algal blooms produce neurotoxins that accumulate in fish and shellfish which, when ingested by people, can cause paralytic shellfish poisoning (PSP) and amnesic shellfish poisoning (ASP). These same toxins cause wildlife mortality events in fish, birds, and marine mammals, including sea otters and sea lions. As of last month, the algal bloom spreading off the Pacific coast is one of the largest that scientists have ever seen, reaching from central California to British Columbia. California normally impose a moratorium on shellfish harvesting from May through October when there is the highest chance of toxic poisoning and enforces strict testing of commercial fisheries. AB 300 (Alejo) Page 4 of ? In freshwater systems, human actions that disturb ecosystems, such as nutrient runoff from agricultural lands, pollution, modifications to hydrological systems, and introduction of nonindigenous species have all been linked to the occurrence of some HABs. Most freshwater HABs are caused by a particular group of algae called cyanobacteria. HABs from these bacteria have increased in frequency and geographic locations in the United States and globally in recent decades. In addition to neurotoxins, freshwater HABs can cause liver damage (from hepatotoxins) and skin damage (from dermatotoxins). They can also cause low oxygen levels in the water, leading to death of fish and other algae that are essential to local food chains. Ingestion of water contaminated from HABs has led to the deaths of livestock and pets, as well. 2) Federal Research Efforts on HABs. For marine systems, the NOAA CSCOR administers multiple interdisciplinary and interagency HAB research programs, including an ecology and oceanography program, a monitoring program, and a HAB event response program. Projects include a mix of investigators from academic, state, federal, and nonprofit institutions and lead to management-based outcomes to facilitate HAB prevention, control, and mitigation. CSCOR has previously funded over $6 million in research projects focusing on the two most common algae responsible for HABs in marine environments in California. For freshwater systems, in 2004, Congress reauthorized the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, which required a report to examine the causes, consequences, and economic costs of freshwater HABs, establish priorities and guidelines for research programs, and make recommendations to improve coordination of research by federal agencies. 3) HABs in California. As reported by UC Davis and the City of Watsonville Water Quality Program, watersheds in California are particularly prone to HABs due to the warm climate, shrinking water AB 300 (Alejo) Page 5 of ? supplies, run-off from agricultural and municipal sources, and climate change, and California is lagging behind other states in addressing the environmental problem of high nutrient levels in lakes and rivers. They further report that recurrent cyanobacteria pollution is a problem in the Klamath and Sacramento Rivers, the Sacramento/San Joaquin Rivers, and Clear Lake. Pinto Lake in Santa Cruz County, Copco Lake Iron Gate Reservoir, and parts of the Klamath River are federally listed as impaired waters due to cyanobacteria. Furthermore, in 2005 and 2006, the Copco and Iron Gate reservoirs along the Klamath River in California experienced prolonged HABs of cyanobacteria, specifically Microcystis. Toxins were present near tribal lands downstream where people rely on subsistence fishing. In response, the U.S. Environmental Protection Agency created a task force of county, state, federal, and tribal authorities tasked with creating statewide guidance for cyanobacteria HABs and a three-year research study. Comments 1) Purpose of Bill. According to the author, "This bill came about because of the water quality problems we have seen at Pinto Lake, a small lake in my hometown of Watsonville. When we began talking about the problems at Pinto Lake, we learned that toxic algae blooms are increasingly causing toxic and poisoning events in coastal lakes, estuaries, and rivers across California. The toxic algae threaten water supplies, human health, and animal health. It is a special problem for people fishing in this lake and taking the fish home to their families to eat. AB 300 calls for developing a statewide strategy for reducing the algae, and then ties that strategy to funding sources that the various agencies like Fish and Wildlife, the Coastal Conservancy, and the State Water Board already have." 2) The Need for a Coordinated Effort. Given the inextricable links between environmental, human, and wildlife health when considering the causes for, and impacts from, HABs, a coordinated, multi-disciplinary and AB 300 (Alejo) Page 6 of ? multiagency approach is warranted to address the ongoing problem in California waterways. There are currently a number of groups that monitor water quality and toxins from algal blooms, such as the California Coastal Ocean Observing Systems in the northern and central, and southern regions, the DPH, and the Harmful Algal Bloom Monitoring and Alert Program (CalHABMAP). In response to the HABs in the Klamath River, the California CyanoHAB Network (CCHAB) was originally established as the Statewide Blue-Green Algae Working Group in 2006. The mission of the CCHAB is to create a statewide framework to address cyanobacteria HABs in freshwater and marine systems. Goals of the network are to: Coordinate monitoring and management of cyanoHABs and their effects. Develop collaborative relationships among federal, tribal, state, and regional agencies responsible for addressing cyanobacteria concerns. Make efficient use of resources to share information, avoid duplicative efforts, and promote research, monitoring and assessment. The CCHAB is composed of federal and state agencies, tribal governments, local agencies, academics and researchers, as well as other stakeholders. State, local, and tribal entities represented include the SWRCB, DPH, OEHHA, DFW, Department of Water Resources, City of Watsonville, Karuk Tribe, and more. As of February 2015, the CCHAB became a workgroup of the California Water Quality Monitoring Council. The provisions of the bill would allow for the SWRCB to augment an existing task force or network, such as the CCHAB, to accomplish the requirements of this chapter. DOUBLE REFERRAL: This measure was heard in the Senate Natural Resources and Water Committee on June 23, 2015, and passed out of committee with a vote of 9-0. AB 300 (Alejo) Page 7 of ? SOURCE: City of Watsonville & the Karuk Tribe SUPPORT: City of Long Beach Defenders of Wildlife Save Our Shores OPPOSITION: None received ARGUMENTS IN SUPPORT: According to the Defenders of Wildlife, "California's leading sea otter researchers are now linking microcystin poisoning to the deaths of several sea otters every year. These animals call California's central coast home and depend on their surrounding ecosystem for food and shelter. Unfortunately, humans often consume the same seafood and play in the same coastal waters as sea otters. This poses a direct threat to human health. AB 300 provides tangible actions to investigate and address harmful algal blooms across the state and reduce exposure to humans and wildlife." -- END --