BILL NUMBER:  AB 804
  VETOED	DATE: 10/12/2009




To the Members of the California State Assembly:

I am returning Assembly Bill 804 without my signature.

This bill would specifically exempt from criminal and civil
liability, for dreissenid mussel infestation, any water operator that
has a control and eradication plan approved by the Department of
Fish and Game.

During the past two years, I signed comprehensive legislation to
restrict the possession and transportation of dreissenid mussels, to
require water managers to assess the threat of dreissenid mussels in
their waters and develop prevention plans and conduct monitoring
activities, and to authorize state inspections of waters and
facilities in California, which might contain dreissenid mussels.
These measures were supported by water agencies and emphasized the
need for local and state entities to increase and maintain their
vigilance against this potentially devastating threat.

However, the effect of this bill would be to relieve water operators
from having to continue to act responsibly once they initially have
an approved response plan in place, thereby shifting liability to the
state for any ensuing damage resulting from the spread of dreissenid
mussels.  The presence of an approved plan does not ensure that
subsequent actions taken by that water agency will be consistent with
that plan, nor should these entities be immunized from liability for
their subsequent actions.

For these reasons, I am unable to sign this bill.

Sincerely,



Arnold Schwarzenegger