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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