BILL ANALYSIS Ó
AB 2555
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ASSEMBLY THIRD READING
AB
2555 (Committee on Water, et al.)
As Introduced February 19, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |13-1 |Levine, Gallagher, |Mathis |
| | |Bigelow, Dababneh, | |
| | |Dodd, Gordon, | |
| | |Cristina Garcia, | |
| | |Gomez, Lopez, Medina, | |
| | |Olsen, Salas, | |
| | |Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |16-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Roger | |
| | |Hernández, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Wood | |
| | | | |
| | | | |
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AB 2555
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SUMMARY: Extends the operative date on several Fish and Game
Code sections that will otherwise sunset at the end of this year
unless extended, including provisions related to invasive quagga
and zebra mussel programs, coho salmon recovery, and procedural
provisions of the California Endangered Species Act (CESA).
Specifically, this bill:
1)Extends provisions of existing law authorizing the Department
of Fish and Wildlife (DFW) to develop and implement a recovery
strategy pilot program for coho salmon for three years to
January 1, 2020. These provisions will otherwise remain in
effect only until January 1, 2017, and as of that date will be
repealed unless extended.
2)Extends provisions of existing law authorizing the DFW to
conduct inspections and take other actions necessary to
prevent the spread of invasive dreissenid mussels in waters of
the state, and related provisions, for three years to January
1, 2020. These provisions will otherwise remain in effect
only until January 1, 2017, and as of that date will be
repealed unless extended.
3)Repeals the sunset date on certain procedural provisions of
CESA enacted in 2013, thereby allowing those provisions to
continue in effect.
EXISTING LAW:
1)Prohibits the possession, importation, transportation,
transfer or release of dreissenid mussels in California, and
authorizes the DFW to conduct inspections and take other
related actions to prevent the spread of the invasive mussels.
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These provisions sunset on January 1, 2017, unless extended.
2)Authorizes the DFW to develop and implement a coho salmon
recovery strategy pilot program, and specifies the contents of
the strategy. These provisions sunset on January 1, 2017,
unless extended.
3)Establishes procedural rules for administrative proceedings
under CESA. Some of these provisions sunset on January 1,
2017, unless extended.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, any costs are absorbable within existing resources.
COMMENTS: This bill is a committee bill that extends the sunset
date on several sections of the Fish and Game Code that will
otherwise sunset at the end of this year. The provisions
address three different areas: programs to prevent spread of
invasive quagga and zebra mussels, coho salmon recovery
strategies, and CESA administrative procedure provisions.
Existing law authorizes DFW to conduct inspections and take
other actions to prevent the spread of highly invasive
dreissenid mussels, including quagga and zebra mussels, and
prohibits the transport, possession and import of dreissenid
mussels into the state. This program sunsets at the end of 2017
unless extended. AB 1683 (Wolk), Chapter 419, Statutes of 2007,
enacted the quagga and zebra mussel program. SB 215 (Huff),
Chapter 332, Statutes of 2011, extended the sunset date on the
program to 2017. Unfortunately, the threat of quagga and zebra
mussel infestations has not been eliminated and thus the need
for the program and DFW authorities in this area to continue.
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Existing law authorizes DFW to develop and implement a coho
salmon recovery strategy pilot program and sets out what the
strategy should contain. Coho salmon are listed under CESA and
continue to be threatened with extinction therefore there is a
continuing need for recovery strategies for coho salmon. These
sections will sunset at the end of this year unless extended.
Sunset of these provisions does not, however, eliminate DFW's
responsibilities for coho salmon recovery efforts. The
authority for the coho salmon recovery strategy program was
initially enacted by SB 216 (Sher), Chapter 854, Statutes of
2003, and the sunset date on the program was extended to 2017 by
SB 749 (Wolk), Chapter 387, Statutes of 2013.
SB 749 (Wolk) of 2013, among other things, also made several
changes to clarify administrative procedural processes under
CESA. The changes were noncontroversial but a sunset clause was
added at the time to ensure there were no unintended
consequences. The changes included clarification of when a
public hearing is closed for purposes of finalizing the
administrative record in CESA proceedings, and the circumstances
under which the administrative record can be reopened. Such
circumstances include material changes in the law and a
determination by the Fish and Game Commission (FGC) that
additional information is needed to reach a decision on the
petition. The FGC is required, if it reopens the record, to
provide an opportunity for public comment on the submitted
information prior to the issuance of a decision. This bill
would repeal the sunset clause on these and related provisions
thereby allowing them to continue in effect.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
AB 2555
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