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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 17, 2015 |Policy Vote: N.R. & W. 9 - 0, | | | E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- 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. AB 300 (Alejo) Page 1 of ? 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 ? 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. AB 300 (Alejo) Page 3 of ? 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. AB 300 (Alejo) Page 4 of ? -- END --