BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2336
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 2336 ( Fuller) 
          As Amended  March 17, 2010
          Majority vote 

           WATER, PARKS & WILDLIFE           10-1               
          APPROPRIATIONS      16-0                            
           
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          |Ayes:|Huffman, Fuller,          |Ayes:|Fuentes, Conway, Ammiano, |
          |     |Arambula, Blumenfield,    |     |Bradford, Charles         |
          |     |Caballero, Ruskin,        |     |Calderon, Coto, Davis, De |
          |     |Fletcher, Bonnie          |     |Leon, Hall, Harkey,       |
          |     |Lowenthal, Salas, Fong    |     |Miller, Nielsen, Norby,   |
          |     |                          |     |Solorio, Torlakson,       |
          |     |                          |     |Torrico                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Yamada                    |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Delta stewardship Council (DSC), in the  
          course of developing and adopting the Delta plan, to direct the  
          Delta Independent Science Board to conduct an assessment of  
          other stressors on populations of native fish species in the  
          Delta.  Specifically,  this bill  :

          1)States legislative intent that the DSC consider for inclusion  
            in the Delta plan, in addition to measures addressing the  
            impacts of the State Water Project (SWP) and the federal  
            Central Valley water project (CVP) operations, effective and  
            scientifically justified measures to reduce or eliminate the  
            impact of other significant stressors on native fish  
            populations.

          2)Requires the DSC to direct the Delta Independent Science Board  
            to conduct an assessment of other stressors on Delta native  
            fish species and to recommend changes in statute and actions  
            by state agencies to remedy the situation in as timely a  
            manner as possible.

          3)Requires that the assessment include, but not necessarily be  
            limited to, stressors identified in the Delta Vision Strategic  
            Plan, including the impacts of invasive species and non-native  
            species, water quality impairments, and predation on native  








                                                                  AB 2336
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            species.

           EXISTING LAW  :

          1)Establishes the DSC, with consists of seven members, including  
            four appointed by the Governor and confirmed by the Senate,  
            two appointed by the Legislature, and the chair of the Delta  
            Protection Commission.  Requires the DSC to develop and adopt  
            a Delta Plan by January 1, 2012 that furthers the coequal  
            goals of ecosystem restoration and water supply reliability.

          2)SB 1 X7  (Simitian) Chapter 5, Statutes of 2009-10 Seventh  
            Extraordinary Session, requires DSC in developing the Delta  
            Plan to include, among other things, sub-goals and strategies  
            to promote self-sustaining populations of native and valued  
            species by reducing risk of take and harm from invasive  
            species, and by improving water quality.  SB 1 X7 also  
            requires DSC in developing the Delta Plan, to consider each of  
            the strategies and actions in the Delta Strategic Plan.  The  
            Delta Strategic Plan, among other things, recommends actions  
            to control invasive species, to re-evaluate wastewater  
            treatment plant discharges, to regulate discharges from  
            irrigated lands, and to reduce impacts from urban runoff.   

          3)Establishes the Delta Independent Science Board which shall  
            provide oversight of the scientific research, monitoring, and  
            assessment programs that support adaptive management of the  
            Delta.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, 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  :  The sponsors of this bill, which include water  
          districts and agencies that benefit from operation of the SWP  
          and CVP, 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 in  
          addition to the pumps that export water out of the Delta,  
          including predation by invasive and nonnative fish species.   
          This bill is supported by numerous water agencies that receive  
          water from the Delta, as well as the Chamber of Commerce and a  








                                                                  AB 2336
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          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.   
          Opponents, mostly fishing groups and some environmental  
          conservation organizations see this bill as an attempt to  
          distract attention from what they consider the main stressor on  
          native Delta fish populations - excessive pumping of Delta  
          water.   As amended, this bill requires assessment and  
          consideration of other stressors identified in the Delta Vision  
          Strategic Plan, including but not limited to, both invasive and  
          nonnative species predation and water quality impairments. 


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096
           
           
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