BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2336
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2336 (Fuller) - As Amended:  April 19, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            10-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Delta Stewardship Council (DSC), as part  
          of the development of the Delta Plan, to direct the Delta  
          Independent Science Board to assess stressors, including the  
          impacts of invasive species and nonnative species other than the  
          State Water Resources Development System and the federal Central  
          Valley Project, on populations of native fish species in the  
          Delta, the Sacramento and San Joaquin rivers, and tributaries.   
          The bill further directs the science board to recommend changes  
          in statute and actions by state agencies to remedy the  
          situation.

           FISCAL EFFECT  

          Because current law requires the Delta Plan to include methods  
          for promoting a viable and diverse population of native species,  
          DSC reports this bill represents no new costs to its operations.

           COMMENTS  

           1)Rationale  .  The sponsors of this bill-water districts and  
            agencies that benefit from operation of the State Water  
            Project and the federal Central Valley Project-contend  
            protection of existing populations of the Delta's native fish  
            species requires considering scientifically justified measures  
            to reduce or eliminate the impact of significant stressors on  
            California's native fish populations other than the pumps that  
            export water out of the Delta, including nonnative fish  
            species.

           2)Background  .  In November of last year, the Legislature passed  








                                                                  AB 2336
                                                                  Page  2

            SBX7 1 (Chapter 5, Simitian) to address the long troubled and  
            deteriorating Sacramento-San Joaquin Delta.  Among other  
            things, the bill established the DSC-a seven member body  
            charged with developing, adopting, and commencing  
            implementation of a comprehensive management plan for the  
            Delta by January 1, 2012.  The statute establishes the Delta  
            Independent Science Board to provide oversight of the  
            scientific research, monitoring, and assessment programs that  
            support adaptive management of the Delta.
           
          3)Related Legislation  .  AB 1253 (Fuller, 2009) would have  
            required CALFED's Independent Science Board to conduct an  
            independent scientific review of literature on fish predation  
            in the Sacramento-San Joaquin Delta and to report to the  
            Legislature and the governor.  The bill passed the Assembly  
            71-3 but was held in Senate Appropriations.

           4)Support  .  This bill is supported by numerous water agencies  
            that receive water from the Delta, as well as the Chamber of  
            Commerce and a few other industry groups, who assert this bill  
            ensures a significant Delta stressor-predation on native  
            species-will be adequately considered in the Delta Plan  
            development and adoption, as a crucial part of an overall  
            Delta solution.

           5)Opposition.   Opponents mostly fishing enthusiasts see the bill  
            as an attempt to distract attention from what they consider  
            the main stressor on native Delta fish populations-excessive  
            pumping of Delta water.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081