BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 300 (Alejo) - Safe Water and Wildlife Protection Act of 2016
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|Version: August 17, 2015 |Policy Vote: N.R. & W. 9 - 0, |
| | E.Q. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Marie Liu |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 300 would require the State Water Resources Control
Board (SWRCB) to establish and coordinate the Algal Bloom Task
Force (task force) to assess and prioritize the actions and
research necessary to prevent or mitigate toxic algal blooms, to
solicit and review project proposals, provide funding
recommendation, and to review the risks and impacts of algal
blooms. The task force and its responsibilities would sunset on
January 1, 2019.
Fiscal
Impact:
One-time costs of approximately $150,000 for two years to the
Waste Discharge Fund (special) for the SWRCB to lead the task
force and generate the required reports.
Cost pressures of up to $143,000 to the General Fund for two
years for the Department of Fish and Wildlife for
participation in the task force.
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Minor and absorbable costs to various special funds for
participation in the task force by DPH, CDFA, Coastal
Conservancy, and CalEPA.
Unknown cost pressures to various special funds to conduct
priority activities identified by the task force. These cost
pressures are likely to be approximately $400,000 to the Waste
Discharge Fund (special) for SWRCB activities.
Unknown cost pressures, at least in the millions of dollars
(General Fund and various special funds) research, project and
programs recommended by the task force.
Background: Algae play an important role in balanced ecosystems as a food
base for many organisms. However, when there is an overabundance
of nutrients and ideal growth conditions, algae populations can
grow rapidly and form blooms. 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.
Proposed Law:
This bill would require the SWRCB to establish and coordinate
the Algal Bloom Task force that would be comprised of a
representative of the Department of Public Health (DPH), the
Department of Fish and Wildlife (DFW) the Department of Food and
Agriculture (CDFA), the State Coastal Conservancy (SCC), and
other relevant agency representatives as determined by the SWRCB
in consultation with the secretary of the Environmental
Protection Agency (CalEPA). The task force would be required to
notify the public about its activities and provide opportunities
for public review and comment.
The task force would be responsible for the following duties:
Assess and prioritize the actions and research necessary to
develop measures that prevent or mitigated toxic algal blooms
in the waters of the state.
Solicit and review proposals from universities, local
governments, California Native American tribes, and nonprofit
organizations for applied research, projects, and programs
that contribute to the development of actions to prevent or
mitigate toxic blooms or monitor cyanotoxic levels in the
waters of the state.
Provide funding recommendations to the SWRCB, DFW, the
Wildlife Conservation Board, the Coastal Conservancy, and
other task force members for applied research, projects, and
AB 300 (Alejo) Page 2 of
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programs that will contribute to the development of prevention
strategies and sustainable mitigation actions for harmful
algal blooms.
Review the risks and negative impacts of toxic algal blooms on
humans, wildlife, fisheries, livestock, pets, and aquatic
ecosystems.
Organize meetings and workshops of experts and stakeholders as
needed.
Submit its findings and recommendations to the Legislature,
the secretary of CalEPA, and the secretary of the Natural
Resources Agency on or before January 1, 2018.
The task force would sunset on January 1, 2019.
This bill would allow the Coastal Conservancy, DFW, Wildlife
Conservation Board, and the SWRCB to enter into contracts and
provide grants, upon appropriation from $1.495 billion made
available by Proposition 1 for competitive grants for
multibenefit ecosystem and watershed protection and restoration
projects or any other appropriate funds accessible by that
agency.
Staff
Comments: To establish and implement the task force required by
this bill the SWRCB would likely need one position at an annual
cost of approximately $150,000 until January 1, 2019, when this
measure sunsets.
The workload and costs for the coordinating agencies will depend
on the frequency of task force meetings and the responsibilities
assigned to participants. However, DPH, SCC, and CDFA have
estimated that their costs would likely be minor and absorbable.
DFW believes that it would need one Senior Environmental
Scientist at an annual cost of $143,000 to participate in the
task force. DFW notes that algal blooms occur in a wide range of
locations and at different scales that affect DFW's commercial,
recreational, and environmental constituencies differently. DFW
currently participates in algae-related groups, but it
recognizes that it may need to do more, especially should this
bill be enacted. As such, staff believes these costs are cost
pressures.
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The bill would require that the task force prioritize actions
necessary to prevent or mitigate the impacts of toxic algal
blooms. The SWRCB and DFW in particular are likely to have a
role in recommended actions. As such, this bill will likely
create cost pressures on those two agencies for implementing
recommended actions.
This bill also creates millions of dollars in cost pressures by
directing the task force to solicit and review proposals to
prevent or mitigate toxic algal blooms. Staff notes that
projects to prevent toxic algal blooms can be wide-reaching as
it might include any project that reduces runoff of nutrients
into the waters of the state. As such, the task force could
easily identify projects at least in the millions of dollars
that would help prevent algal blooms.
While the bill says that grants and contracts can be funded from
$1.495 billion made available for ecosystem and watershed
protection and restoration in Proposition 1, this bill does not
make an appropriation. Staff notes that there may be other
potential funding sources, including the Sea Otter Fund, though
the use of Proposition 1 monies is likely appropriate and
in-line with the required purposes as a wide variety of projects
that reduce nutrient pollution by improving watersheds are
likely to assist in the prevention of harmful algal blooms.
Staff notes that the bill contains findings and declarations as
well as operative text regarding toxic blooms of cyanobacteria,
also known as blue-green algae. However, toxic blooms are not
limited to blue-green algae. The deleterious impacts of algal
blooms are not limited to the production of toxins, though
toxins may be the largest impact in terms of public health.
Other existing efforts on algal blooms refer to "harmful algal
blooms," including federal legislation, which is a more
inclusive term of the impacts algal blooms may have. Staff
recommends that bill be amended to remove the focus on
cyanobacteria and instead focus on harmful algal blooms.
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