BILL ANALYSIS
AB 804
Page 1
ASSEMBLY THIRD READING
AB 804 (Hall)
As Amended May 4, 2009
Majority vote
WATER, PARKS & WILDLIFE 13-0 JUDICIARY
10-0
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|Ayes:|Huffman, Fuller, |Ayes:|Feuer, Tran, Brownley, |
| |Anderson, Chesbro, Tom | |Evans, Jones, Knight, |
| |Berryhill, Blumenfield, | |Krekorian, Lieu, Monning, |
| |Caballero, Fletcher, | |Nielsen |
| |Krekorian, Bonnie | | |
| |Lowenthal, John A. Perez, | | |
| |Salas, Yamada | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|De Leon, Nielsen, Ammiano, |
| |Charles Calderon, Davis, Duvall, |
| |Fuentes, Hall, Harkey, Miller, |
| |John A. Perez, Price, Skinner, |
| |Solorio, |
| |Audra Strickland, Torlakson, |
| |Krekorian |
|-----+----------------------------------|
| | |
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SUMMARY : Provides that an operator of water delivery and
storage facilities who has prepared and implemented a plan to
control and eradicate dreissenid mussels in accordance with
existing law is immune from civil or criminal liability for
introduction of mussels as a result of operation of those
facilities, and exempts such operators from prohibitions on
possession, importation, shipment or transport of mussels and
other requirements. Specifically, this bill :
1)Provides that if the operator of water delivery or storage
facilities for public water supply purposes prepares,
initiates, and is in compliance with a plan to control and
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eradicate dreissenid mussels, in accordance with provisions of
existing law, the following requirements shall not apply to
the operation of those facilities:
a) The requirement that a person shall not possess,
import, ship, or transport in the state or cause to be
placed or planted in any water within the state,
dreissenid mussels; and,
b) Provisions authorizing the Director of the
Department of Fish and Game (DFG) to conduct inspections,
order closures or quarantines, or restrict access to
waters or facilities.
2)Provides that if DFG requires the operator of a facility to
update its plan for control and eradication of dreissenid
mussels, and the plan is not updated as required, the
requirements referenced under 1) above shall apply until the
operator updates or revises the plan, and initiates or
complies with all of the elements of the plan.
3)Provides that the operator of water delivery or storage
facilities for public water supply purposes that prepares,
initiates and complies with all the elements of a plan to
control and eradicate mussels in accordance with existing law
shall be immune from civil or criminal liability for
introduction of mussels as a result of operation of those
facilities.
4)Requires DFG, in conjunction with the Department of Water
Resources, to conduct a study on the financial and
resource-based impacts incurred by water agencies for
implementing control and eradication efforts related to quagga
mussels.
5)Makes various legislative findings and declarations regarding
quagga mussels and the need to protect water agencies from
liability.
EXISTING LAW :
1)Makes it unlawful to possess, import, ship, transport, or
place dreissenid mussels in any water within the state.
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2)Authorizes DFG to conduct inspections of conveyances, waters,
and water facilities that may contain mussels, and to order
closures, quarantines and disinfections if mussels are
detected.
3)Prohibits a closure or quarantine from being imposed by the
Director of DFG without the concurrence of the Secretary of
Resources.
4)Requires water supply agencies to cooperate with DFG to
implement measures to avoid infestation and to control or
eradicate any infestations that occur.
5)Requires water supply system operators, if mussels are
detected, to prepare and implement plans to control or
eradicate mussels, and to update the plans as required by DFG.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time special fund costs of $350,000 to DFG to
complete a study, and additional one time special fund costs to
DFG to develop and adopt regulations (Fish and Game Preservation
Fund).
COMMENTS : Dreissenid mussels, which include quagga and zebra
mussels, are highly invasive species that were first discovered
in the United States in the Great Lakes region in 1988, where
they have caused billions of dollars in damage control costs to
public agencies and private industry. Quagga mussels were
first discovered in California in January of 2007 in Lake
Havasu, and have since spread through the Colorado River
Aqueduct to reach several southern California reservoirs. Zebra
mussels were first detected in California in January of 2008 in
Hollister's San Justo Reservoir in San Benito County. The San
Justo Reservoir gets its water from the San Luis Reservoir which
is used jointly by the federal Central Valley Project and the
California State Water Project. Both of these invasive species
reproduce rapidly and in large numbers, and can severely hinder
water delivery systems due to their capacity to clog pipes,
pumps and other water intake structures. They also harm aquatic
ecosystems by consuming plankton and other nutrients that form
the primary base of the food chain.
Based on the billions of dollars in damages caused by dreissenid
mussels in the Great Lakes region, these invasive species could
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seriously threaten California's entire irrigation network, and
the canal system that transports drinking water for millions of
Southern California residents. According to the state's Aquatic
Invasive Species plan, if a mussel invasion is not prevented,
the economic and social consequences to California may be
incalculable. In addition to the state's natural ecosystems and
water conveyance systems, a mussel invasion threatens other
valuable state resources, including commercial and sport
fisheries.
The Association of California Water Agencies (ACWA) has
introduced this bill to limit water agency liability for damages
caused by dreissenid mussels. ACWA asserts this bill is
necessary to ensure that water system operators and their
employees, who are observing current legal requirements to
control or eradicate quagga mussels, are not subject to
unwarranted civil or criminal penalties. They also note that
even when a water system operator diligently implements a sound
plan, complete eradication is not guaranteed or likely. The
legislative findings in this bill further note that given the
likely impossibility of completely eradicating mussel
infestations from large water bodies, and the fact that water
delivery systems are essential to maintain public health and
safety, implementation of available measures to control and
prevent the spread of mussels to new water bodies is all that
should reasonably be required of water supply agencies. For
these reasons, the author and sponsor believe that criminal and
civil penalties are an inappropriate response to owners and
operators who are pursuing a control and eradication plan and
who are in compliance with the requirements of current law.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001184