BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 223| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 223 Page 2 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. SB 223 Page 3 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. SB 223 Page 4 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 SB 223 Page 5 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. SB 223 Page 6 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 SB 223 Page 7 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 **** END ****