BILL ANALYSIS Ó
SB 223
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Date of Hearing: July 14, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
223 (Galgiani) - As Amended April 30, 2015
SENATE VOTE: 29-11
SUBJECT: Division of Boating and Waterways: oversight
committee: invasive aquatic plants.
SUMMARY: Requires the Division of Boating and Waterways
(Division) within the Department of Parks & Recreation to
establish an advisory committee to evaluate and monitor
activities of the Division related to management and control of
invasive aquatic species. Specifically, this bill:
1)States legislative findings and declarations regarding the
threats to the Delta from water hyacinth, and the need for an
advisory oversight committee to evaluate and monitor the
Division's activities relating to the management and control
of invasive aquatic species in the Delta, its tributaries, and
Suisun Marsh.
2)Adds the California Conservation Corps to the list of
specifically named entities that are authorized in statute to
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cooperate in controlling water hyacinth and other aquatic
invasive species in the Delta and Suisun Marsh.
3)Requires the Division, no later than 90 days after the
effective date of this bill, to establish an advisory and
oversight committee to evaluate and monitor the activities of
the Division relating to the management and control or
eradication of invasive aquatic plants in the Delta, its
tributaries, and the Suisun Marsh. Requires the Division to
designate and provide staff to support the committee.
Specifies that an equitable number of representatives shall be
included on the committee from specified interests, including
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. Requires that the committee meet, at a minimum,
twice per year and communicate any findings or recommendations
to the Division. Requires the Division to make any findings
or recommendations of the committee publicly available on the
Division's Internet Web site.
4)Includes a sunset clause providing that the requirements of
this bill shall remain in effect only until January 1, 2019,
and as of that date are repealed, unless a later enacted
statute that is enacted before January 1, 2019 deletes or
extends that date.
5)Includes an urgency clause providing that in order to aid in
the mitigation and control of invasive aquatic plants that
have caused significant damage in the Delta, its tributaries
and the Suisun Marsh by obstructing waterways and marinas,
consuming valuable water resources, creating human health and
safety hazards, and damaging cherished natural ecosystems, it
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is necessary that this bill take effect immediately.
EXISTING LAW:
1)Designates the Division as the lead agency of the state for
purposes of cooperating with other state, local, and federal
agencies in identifying, detecting, controlling, and
administering programs to manage invasive aquatic plants in
the Sacramento-San Joaquin Delta, its tributaries and the
Suisun Marsh.
2)Requires the Division to undertake prescribed duties with
regard to management and control or eradication of invasive
aquatic plants in the Delta.
FISCAL EFFECT: According to the Senate Appropriations Committee
analysis, up to $280,000 annually until 2019, but potentially
substantially less, from the Harbors and Watercraft Revolving
Fund (special fund) to the Division for staffing and
administering the committee required by this bill and to
implement future recommendations.
COMMENTS: This bill requires creation of an advisory committee
to oversee activities of the Division related to management and
control of aquatic invasive species in the Delta. Due to the
immediate impact of water hyacinth in the Delta, and
expectations that the Delta may experience one of the worst
hyacinth infestations this year, this bill also contains an
urgency clause.
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1)Author's Statement: The author indicates that creation of an
oversight committee, composed of community members and subject
area experts will work to monitor and evaluate the activities
of the Division and will improve public transparency and
accountability of aquatic invasive weed control in the Delta.
The author emphasizes that the health of the Delta is
threatened by water hyacinth as it obstructs waterways and
marinas, consumes valuable water resources, creates human
health and safety hazards and damages natural ecosystems by
crowding out native plants and wildlife. The author asserts
that three years ago permits for management and control of
water hyacinth, an invasive aquatic plant, were not obtained
on time and pesticide spraying was delayed, which allowed the
water hyacinth to grow and multiply into dense, unsafe mats
that blanketed and obstructed several areas in the Delta.
The author adds specifically that "the Senate Subcommittee on
Invasive Species held an informational hearing and toured the
water hyacinth affected areas of the Delta 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, has allowed water hyacinth to grow
to unprecedented quantities." Another follow-up oversight
hearing was held in March 2015 regarding which the author
notes "although the individual efforts of [Division] staff to
improve relationships and accessibility to 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."
2)Background: The Division is designated in statute as the lead
agency for coordinating identification, detection, control,
and administration of programs to manage invasive aquatic
plants in the Delta, its tributaries and Suisun Marsh. The
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Division is also required to undertake specified actions to
control or eradicate invasive aquatic plants in the Delta. In
2014, news reports documented the clogging of Delta waterways
by water hyacinth, particularly in the Port of Stockton area,
where the waterways were so clogged as to make the port
impassable at times by vessels. In late 2014, the Port of
Stockton restricted shipping times because the large mats of
vegetation congested waterways. Boats with inboard motors
cannot operate through hyacinth without harming or ruining
engines. The restrictions on shipping in 2014 resulted in
alleged economic impacts to marina businesses and others
dependent on ingress and egress of vessels through the port.
According to the Division, there is no known eradication method
for water hyacinth, therefore, the Division operates a control
program as opposed to an eradication program. The Division
indicates that control efforts were initiated two weeks
earlier in 2015 in order to better control the problem this
year. A Capitol Public Radio news report on July 7, 2015
quoted Division Director Christopher Conlin as stating that
the additional $4 million the state is spending this year to
control water hyacinth will allow the Division to purchase
four additional boats, and hire staff to operate the boats,
which represents a 60 to 70% increase in the number of boats
used to control the invasive plants. However, weather remains
the most significant factor in controlling the growth of water
hyacinth.
3)Prior and Related Legislation: AB 763 (Buchanan), Chapter
330, Statutes of 2013 expanded the responsibilities of the
Division and the DFW with respect to evaluating, eradicating
and controlling invasive aquatic plants in the Delta, its
tributaries and Suisun Marsh. AB 763 designated the Division
as the lead agency responsible for eradicating and controlling
invasive aquatic plants in the Delta, its tributaries and
Suisun Marsh, and authorized the Division to control new
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invasive aquatic plants in the Delta as they are identified.
AB 1540 (Buchanan), Chapter 188, Statutes of 2012 added South
American sponge plant to the list of invasive species of
concern in the Delta.
AB 2631 (Wolk) of 2004 proposed to create a statewide Invasive
Species Council, tasked with developing a statewide invasive
species response plan. AB 2631 also called for appointment of
an Invasive Species Advisory Committee to assist the Council
in development of the plan. AB 2631 was vetoed by Governor
Schwarzenegger.
4)Supporting Arguments: Supporters note that increasing
infestations of aquatic invasive plants, especially throughout
the Sacramento-San Joaquin Delta, confirm the critical need to
accomplish increased effectiveness and efficiencies. They
note in particular the severe problems created from water
hyacinth that clogged Delta waterways in 2014. ACWA supports
this bill and also requests the author to expand the list of
interests on the advisory committee to include a
representative from the water exporter industry.
5)Opposing Arguments: None received.
REGISTERED SUPPORT / OPPOSITION:
Support
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Association of California Water Agencies
Recreation Boaters of California
San Joaquin County Board of Supervisors
Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096