BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 804 HEARING DATE: June 23, 2009
AUTHOR: Hall URGENCY: No
VERSION: June 18, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: Judiciary FISCAL: Yes
SUBJECT: Invasive aquatic species: mussels.
BACKGROUND AND EXISTING LAW
Quagga mussels were first detected in January 2007 in
Metropolitan Water District's facilities.
Quagga mussels and zebra mussels are part of the genus Dressena,
and are known as dreissenid mussels. They are not native to
California, and originate from Eastern Europe. According to the
website of the Department of Fish and Game (DFG), zebra mussels
were first discovered in the United States in 1988, and quagga
mussels in 1989. Both were originally found in the Great Lakes.
The DFG further reports that the Great Lakes dreissenid mussels
have spread through waterways, including the Mississippi and
Arkansas Rivers, at a cost to public and private sectors
estimated in the billions of dollars. Dreissenid mussels not
only threaten native species by altering the ecosystem, but they
can cause catastrophic damage to water delivery systems.
Section 2301 of the Fish and Game Code prohibits the possession,
importation, shipment, transportation, or placement of
dreissenid mussels in any waters in the state. This section also
requires the director of DFG to take actions to prevent the
spread of dreissenid mussels. Specifically, DFG is required to:
(1) conduct inspections of conveyances (i.e. boats, other
watercraft, containers, and trailers), that may contain
dreissenid mussels; (2) require water contained in conveyances
to be drained, dried, or decontaminated to prevent the transport
of dreissenid mussels; (3) compound or quarantine conveyances to
ensure elimination of dreissenid mussels; and (4) conduct
inspections of state water and facilities for dreissenid mussels
and to close or restrict conveyances accordingly. Closures,
quarantines, and restrictions permitted in this bill require
concurrence of the Secretary of the Resources Agency.
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This section further requires a public or private agency that
operates a water supply system to prepare and implement a plan
(plan) to control or eradicate dreissenid mussels within their
water supply system. DFG may only approve this plan if it
contains the following minimum elements: (1) methods for
identifying an infestation, (2) methods for control,
eradication, and decontamination, (3) a systematic monitoring
program, and (4) requirements to cooperate with DFG to update or
revise control or eradication measures in the approved plan to
address scientific advances.
Violations of 2301 are subject to a maximum fine of $1,000.
PROPOSED LAW
This bill would remove an operator of water delivery and storage
facilities from civil and criminal liability for the
introduction of dreissenid mussels as a result of their
operations if that operator has prepared, initiated, and is in
compliance with all elements of their approved plan.
ARGUMENTS IN SUPPORT
The Association of California Water Agencies, in support of the
bill states, "Under current law, if an infestation occurs in
waters used for deliveries by a public water system, the water
system operator is required to develop and implement a control
and eradication plan. However , even when a water system
operator implements a scientifically sound plan, complete
eradication is not guaranteed, nor is it a likely outcome.
Consequently, if mussels are spread through water deliveries,
despite implementation of a control plan, the water system
operator and its employees are potentially subject to criminal
and civil penalties. AB 804 would change existing law to ensure
that water system operators and their employees, who have
prepared, initiated, and are in compliance with a control in
accordance with the above existing provisions of law, would not
be subject to any civil or criminal liability."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Difficult of controlling dreissenid mussels: Dreissenid mussels
are very difficult to control and prevent. First of all, they
reproduce very quickly. A fully mature female mussel is capable
of producing up to one million eggs per season. Secondly,
according to the US Geological Survey, there has been limited
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success in developing chemical, physical, or biological
controls.
SUPPORT
Association of California Water Agencies (sponsor)
California Central Valley Flood Control Association
California Municipal Utilities Association
California Special Districts Association
City of San Diego
Contra Costa Water District
East Bay Municipal Utility District
El Dorado Irrigation District
Friant Water Authority
Inland Empire Utilities Agency
Irvine Ranch Water District
Metropolitan Water District of Southern California
Regional Chamber of Commerce of San Gabriel Valley
Regional Chamber of Commerce of San Gabriel Valley
Regional Council of Rural Counties
San Diego County Water Authority
San Francisco Public Utilities Commission
San Gabriel Valley Economic Partnership
Santa Clara Valley Water District
Three Valleys Municipal Water District
United Water conservation District
Valley Ag Water Coalition
West Basin Municipal Water District
Western Municipal Water District
Western Municipal Water District
OPPOSITION
None Received
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