BILL ANALYSIS
AB 804
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CONCURRENCE IN SENATE AMENDMENTS
AB 804 (Hall)
As Amended August 17, 2009
Majority vote
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|ASSEMBLY: |79-0 |(June 2, 2009) |SENATE: |40-0 |(August 20, |
| | | | | |2009) |
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Original Committee Reference: W., P. & W.
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.
The Senate amendments :
1)Delete a requirement for the Department of Fish and Game (DFG)
to conduct a study on the financial and resource-based impacts
on water agencies of implementing control and eradication
efforts related to quagga mussels.
2) Require that plans for control of quagga mussels permit
inspections by DFG.
EXISTING LAW :
1)Makes it unlawful to possess, import, ship, transport, or
place dreissenid mussels in any water within the state.
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
DFG director without the concurrence of the Secretary of
Resources.
AB 804
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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.
AS PASSED BY THE ASSEMBLY , this bill provided immunity to water
districts from civil and criminal liability for introduction of
invasive mussels into waters of the state if the water district
prepares, initiates and complies with all the elements of a plan
to control and eradicate mussels in accordance with existing
law. The water district would also be exempt from prohibitions
on possessing, importing, shipping, or transporting dreissenid
mussels, and from provisions authorizing the director DFG to
conduct inspections, order closures or quarantines, or restrict
access to waters or facilities. This bill also required DFG to
conduct a study on impacts to water agencies of required efforts
to control and eradicate quagga mussels.
FISCAL EFFECT : None
COMMENTS : Dreissenid mussels are highly invasive species which
have infiltrated certain state waters in California. State law
requires water system operators to implement measures to
prevent, eradicate or control mussel infestations, and to
prepare and implement plans if mussels are detected. This bill
provides immunity from liability for damages caused by invasive
mussels for water system operators who comply with these
requirements. The author and sponsors have introduced this bill
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 due to the highly invasive
nature of these species even when a water system operator
diligently implements a sound plan, complete eradication is not
guaranteed or likely. The Senate amendments delete a reporting
requirement and require that the plans adopted for control of
quagga mussels provide DFG with the right to inspect facilities
for compliance.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
AB 804
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FN: 0002148