BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 804|
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CONSENT
Bill No: AB 804
Author: Hall (D)
Amended: 8/17/09 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 11-0, 6/23/09
AYES: Pavley, Cogdill, Benoit, Hollingsworth, Huff, Kehoe,
Leno, Padilla, Simitian, Wiggins, Wolk
SENATE JUDICIARY COMMITTEE : 5-0, 7/14/09
AYES: Corbett, Harman, Florez, Leno, Walters
ASSEMBLY FLOOR : 79-0, 6/2/09 - See last page for vote
SUBJECT : Invasive aquatic species: mussels
SOURCE : Association of California Water Agencies
DIGEST : This bill removes 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.
ANALYSIS : Existing law:
1.Makes it unlawful to possess, import, ship, transport, or
place dreissenid mussels in any water within the state.
CONTINUED
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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.
This bill removes 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. In
addition, this bill requires an approved plan to permit DFG
to conduct inspections.
Background
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.
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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.
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 are subject to a maximum fine of $1,000.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/19/09)
Association of California Water Agencies (source)
California Central Valley Flood Control Association
California Municipal Utilities Association
California Special Districts Association
City of Rosemead
City of San Diego
Contra Costa Water District
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Downey Chamber of Commerce
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 Council of Rural Counties
San Diego County Water Authority
San Francisco Public Utilities Commission
San Gabriel Valley Economic Partnership
Santa Clara Valley Water District
Southwest California Legislative Council
Three Valleys Municipal Water District
United Water Conservation District
Valley Ag Water Coalition
West Basin Municipal Water District
Western Municipal Water District
ARGUMENTS IN SUPPORT : The Association of California
Water Agencies 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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
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DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Block
JA:nl 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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