BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 223|
          |Office of Senate Floor Analyses   |                              |
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                                    THIRD READING


          Bill No:  SB 223
          Author:   Galgiani (D)
          Amended:  4/30/15  
          Vote:     27 - Urgency

           SENATE NATURAL RES. & WATER COMMITTEE:  7-1, 4/28/15
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk
           NOES:  Stone
           NO VOTE RECORDED:  Vidak

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Division of Boating and Waterways:  oversight  
                     committee:  invasive aquatic plants


          SOURCE:    Author


          DIGEST:  This bill requires the Division of Boating and  
          Waterways (division) to establish an advisory and oversight  
          committee to evaluate and monitor the division's activities  
          related to the management and control of invasive aquatic plants  
          in the Delta and the Suisun Marsh. The committee sunsets on  
          January 1, 2019.


          ANALYSIS:   


          Existing law:










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          1)Provides that the division, located in the Department of Parks  
            and Recreation (department), is the lead agency responsible  
            for the control of certain aquatic invasive species, including  
            the water hyacinth, in the Sacramento-San Joaquin Delta, its  
            tributaries and the Suisun Marsh (collectively the Delta  
            region). 

          2)Specifies that the division's Water Hyacinth Control Program  
            (program) seeks to keep waterways safe and navigable by  
            controlling the spread of water hyacinth in the Delta region.   
            It operates under permits and biological opinions from the  
            Central Valley Regional Water Quality Control Board, the US  
            Fish and Wildlife Service and the National Marine Fisheries  
            Service.  Additional local permits may sometimes be necessary.

          This bill establishes an oversight and advisory committee  
          through January 1, 2019, to oversee the division's activities to  
          manage, control or eradicate water hyacinth.  Specifically, this  
          bill:


          1)Requires the division to provide staff support to the  
            oversight and advisory committee, as specified;

          2)Requires that the oversight and advisory committee include an  
            "equitable number of representatives" affected by invasive  
            species in the Delta region from agriculture, recreational  
            boating, commercial shipping, business owners, the California  
            Invasive Plant Council, research institutions, wildlife  
            conservation, environment, resource conservation districts,  
            the general public and local government;

          3)Requires that the oversight and advisory committee meet at  
            least twice per year and communicate its findings to the  
            division which must post them on-line;

          4)Specifies that the California Conservation Corps is one of the  
            state agencies authorized to cooperate in invasive species  
            control in the Delta; and

          5)Makes relevant legislative findings and technical corrections.









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          Background


          Water hyacinth is native to the Amazon and was first observed in  
          the Delta region in a Yolo County slough in 1904.  According to  
          the division, water hyacinth is a free-floating aquatic invasive  
          plant that grows in wetlands, marshes, shallow water bodies,  
          slow moving waterways, lakes, reservoirs, and rivers.  In hot  
          weather, a water hyacinth mat can double in size in 10 days and  
          become as much as six feet thick.  Water hyacinth mats can  
          adversely affect the local environment, obstruct waterways and  
          navigational channels, and block agricultural and municipal  
          water intakes.





          Recent news reports indicate the water hyacinth infestation has  
          had a significant negative impact in the Delta region in the  
          last few years. In late 2014, according to news reports, the  
          Port of Stockton restricted shipping times because large mats of  
          water hyacinth congested waterways.  The division has worked  
          with stakeholders in removing water hyacinth in several  
          locations in the Delta region including the Stockton marina,  
          Whiskey Slough, the Port of Stockton and the Tracy Fish Facility  
          fish screen.


          The program generally uses pesticide application and mechanical  
          removal to control the water hyacinth.  The predominant control  
          mechanism is pesticide application.  Pesticides are applied  
          during the growing season (roughly March - October/November).   
          The number of treatment sites, typically a few hundred, and the  
          amount of acreage treated varies from year-to-year.  From  
          1983-2011, the average area treated annually was about 1,200  
          acres.  Treatment is prioritized and those sites are treated,  
          often multiple times, as possible. While the size of the program  
          may reflect the size of the infestation, other factors,  
          including regulatory delays and staffing, can affect how much  
          treatment occurs.









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          Earlier this decade, there were delays associated with the  
          division receiving the required then-annual permits.  In 2011  
          and 2012, pesticide application did not start until September  
          and August, respectively.  The division sought and received  
          federal permits good for five years.  These were approved in  
          2013 and are valid through 2017.


          Comments


          Advisory committees are established with varying amounts of  
          specificity.  There are numerous advisory committees established  
          via state law and resolution in departments and divisions under  
          the jurisdiction of the Natural Resources Agency.  While some,  
          such as the Salton Sea Advisory Committee or the Dungeness Crab  
          Task Force, are tasked with addressing numerous explicit  
          objectives, others, such as the Duck Stamp Advisory Committee or  
          the Upland Game Bird Advisory Committee, are provided with more  
          general direction within a single focus area.  Similarly, the  
          total membership and its organization are set in statute for  
          some advisory committees, and left to the discretion of the  
          department or division in others.  This proposed oversight and  
          advisory committee appears to fall well within the range of the  
          existing advisory committee structures reviewed in the Harbors  
          and Navigation (HNC), Public Resources and Fish and Game Codes.


          The 2015 division program is already underway.  News reports  
          indicate that the division started spraying pesticides to  
          control water hyacinth last month.  Additionally, AB 91  
          (Committee on Budget, Chapter 1, Statutes of 2015) accelerated  
          the appropriation of $4 million to the division for invasive  
          species control.


          Aquatic invasive species management in California.  While the  
          division has responsibility for control of water hyacinth in the  
          Delta region, aquatic invasive species are actively managed by  
          numerous other local, state, and federal agencies with  
          participation from various stakeholder groups.  Other state  








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          entities include the Department of Fish and Wildlife, the  
          Department of Food and Agriculture, the State Lands Commission,  
          the Department of Water Resources, the State Coastal  
          Conservancy, and the Water Boards.


          According to the department, the division currently participates  
          on two existing committees that provide input to its aquatic  
          weed program.  The first is statutorily required by HNC §64.5  
          and is in consultation with the US Department of Agriculture  
          with various interested parties including the US Fish and  
          Wildlife Service, the University of California and other members  
          of the scientific and research communities to address the  
          research, management, and control of invasive aquatic plants in  
          the Delta region.  The division also participates in the  
          Interagency Aquatic Invasive Species Coordination Team which  
          includes local, state, and federal agencies and evaluates the  
          operational, research, and regulatory approaches of the  
          division.  This team meets quarterly-to-biannually. 


          Related/Prior Legislation


          AB 763 (Buchanan, Chapter 330, Statutes of 2013) expanded the  
          responsibilities of the division and the Department of Fish and  
          Wildlife with respect to evaluating, eradicating and controlling  
          invasive aquatic plants in the Delta, its tributaries and   
          Suisun Marsh.


          AB 1540 (Buchanan, Chapter 188, Statutes of 2012) added South  
          American spongeplant to the list of invasive species of concern  
          in the Delta and related regions.


          AB 2631 (Wolk, 2004) would have created an Invasive Species  
          Advisory Committee, as specified, to assist a statewide Invasive  
          Species Council composed of state agencies in developing a  
          statewide invasive species response plan. The bill was vetoed.










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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee, up to $280,000  
          annually until 2019, but potentially substantially less, from  
          the Harbors and Watercraft Revolving Fund (special) to the  
          division for staffing and administrating the committee required  
          by this bill and to implement future recommendations.


          SUPPORT:   (Verified5/28/15)


          Recreational Boaters of California
          San Joaquin County Board of Supervisors




          OPPOSITION:   (Verified5/28/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, "[t]he  
          Sacramento-San Joaquin Delta is an invaluable California natural  
          resource. However, the health of the Delta is being threatened  
          by water hyacinth as it obstructs waterways and marinas,  
          consumes valuable water resources, creates human health and  
          safety hazards, and damages cherished natural ecosystems by  
          crowding out native plants and wildlife."


          The author continues, "Three years ago, the [necessary] permits  
          [for the program] were not obtained by [the division] on time  
          and pesticide spraying was delayed, which allowed water hyacinth  
          to grow and multiply into dense, unsafe mats that blanketed and  
          obstructed several areas of the Delta."


          "The Senate Subcommittee on Invasive Species held an  








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          informational hearing [?] in May of 2013.  At this hearing, [the  
          division] insisted that permits would not be delayed again, and  
          this promise has been kept. However, the lasting effects of this  
          error, combined with mild winters, drought, and warmer waters,  
          have allowed water hyacinth to grow to unprecedented  
          quantities." Another follow-up oversight hearing was held in  
          March 2015 and, "[a]lthough the individual efforts of [division]  
          staff to improve relationships and accessibility with the public  
          are appreciated, there is a need to continue to oversee the  
          activities of [the division] in regards to management and  
          control of water hyacinth and other Delta weeds to ensure that  
          all resources are being used effectively and efficiently."



          Prepared by:Katharine Moore  / N.R. & W.  / (916) 651-4116
          5/31/15 11:26:56


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