BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 2336 HEARING DATE: June 29, 2010
AUTHOR: Fuller URGENCY: No
VERSION: May 17, 2010 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Delta Stewardship Council.
BACKGROUND AND EXISTING LAW
The Sacramento-San Joaquin Delta Reform Act of 2009, among other
things, established the Delta Stewardship Council (council).
The council, among other things, is required to develop, adopt,
and begin implementing a "Delta Plan" by January 1, 2012. The
Delta Plan is to be a comprehensive management plan for the
Delta, which furthers the coequal goals of providing a more
reliable water supply for California and protecting, restoring,
and enhancing the Delta ecosystem.
The Delta Plan is required to include:
1.Measures that promote all of the following characteristics of
a healthy Delta ecosystem:
Viable populations of native resident and migratory
species.
Functional corridors for migratory species.
Diverse and biologically appropriate habitats and
ecosystem processes.
Reduced threats and stresses on the Delta ecosystem.
Conditions conducive to meeting or exceeding the goals
in existing species recovery plans and state and federal
goals with respect to doubling salmon populations.
1.Measures to promote a more reliable water supply that address
all of the following:
Meeting the needs for reasonable and beneficial uses of
water.
Sustaining the economic vitality of the state.
Improving water quality to protect human health and the
environment.
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1.The following subgoals and strategies for restoring a healthy
ecosystem:
Restore large areas of interconnected habitats within
the Delta and its watershed by 2100.
Establish migratory corridors for fish, birds, and other
animals along selected Delta river channels.
Promote self-sustaining, diverse populations of native
and valued species by reducing the risk of take and harm
from invasive species.
Restore Delta flows and channels to support a healthy
estuary and other ecosystems.
Improve water quality to meet drinking water,
agriculture, and ecosystem long-term goals.
Restore habitat necessary to avoid a net loss of
migratory bird habitat and, where feasible, increase
migratory bird habitat to promote viable populations of
migratory birds.
The Delta Plan is also required to:
Be based on the best available scientific information and the
independent science advice provided by the Delta Independent
Science Board.
Include quantified or otherwise measurable targets associated
with achieving the objectives of the Delta Plan.
Utilize monitoring, data collection, and analysis of actions
sufficient to determine progress toward meeting the quantified
targets, where appropriate.
Describe the methods by which the council shall measure
progress toward achieving the coequal goals.
Recommend integration of scientific and monitoring results
into ongoing Delta water management, where appropriate.
Include a science-based, transparent, and formal adaptive
management strategy for ongoing ecosystem restoration and
water management decisions.
The Sacramento-San Joaquin Delta Reform Act of 2009 also
establishes the Delta Independent Science Board, which is to
provide oversight of the scientific research, monitoring, and
assessment programs that support adaptive management of the
Delta.
The Sacramento-San Joaquin Delta Reform Act of 2009 also
establishes the Delta Science Program, overseen by a lead
scientist. The mission of the Delta Science Program is to
provide the best possible unbiased scientific information to
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inform water and environmental decision-making in the Delta.
That mission is to be carried out through funding research,
synthesizing and communicating scientific information to
policymakers and decision makers, promoting independent
scientific peer review, and coordinating with Delta agencies to
promote science-based adaptive management. The Delta Science
Program is to assist with development and periodic updates of
the Delta Plan's adaptive management program
PROPOSED LAW
This bill would require council, in the course of developing and
adopting the Delta plan, to direct the Delta Independent Science
Board to conduct an assessment of stressors on populations of
native fish species in the Delta. The assessment would be
required to include those stressors identified in the Delta
Vision Strategic Plan, including the impacts of invasive species
and nonnative species, water quality impairments, and predation
on native species.
ARGUMENTS IN SUPPORT
According to the author, "The Delta ecosystem that is home to
more than 50 species of native fish has been in decline for a
variety of reasons, including contaminants, loss of habitat,
water pumping, and predation by other fish species. By
requiring the Delta Stewardship Council to assess the impact of
invasive species predation and other stressors on the Delta, AB
2336 ensures that all factors affecting the Delta ecosystem will
get the appropriate attention in the debate over the future of
water supplies and the Delta."
ARGUMENTS IN OPPOSITION
According to the California Sportfishing Protection Alliance,
"This bill would mandate another review of fish predation in the
Delta and its tributaries. This subject has been studied fairly
extensively by academic and agency scientists over the past
twenty years including the Interagency Ecological program, the
CALFED Program and Pelagic Organism Decline Team. The consensus
on this research is that predation is a natural part of the
aquatic ecosystem is it is a very low level stressor that dose
not impact the population size of the estuary's fisheries. Out
of all the factors that impact the estuary's fisheries, it ranks
near or at the bottom as a stressor."
COMMENTS
Council Is Aware Of The Issue. At its April meeting, the
council asked staff to "[p]rovide a priority list of stressors
to the council." The staff response noted: "There are multiple
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potential stressors to the Bay-Delta ecosystem, including:
Modified freshwater inflows, Delta hydrodynamics and outflow
Habitat quantity and quality; less connectivity
Food web changes (non-native species impacts)
Toxicants (pesticides, metals & personal care products)
Nutrients (nutrient ratios, harmful algal blooms)
Diversions and water exports
Predators and changing predator populations"
Should the Legislature Micro-Manage the Council's Science
Program? The Delta Stewardship Council is required to address a
tremendous number of issues in its Delta Plan, with limited
staff, time, and resources. Most of those issues have one or
more science questions associated with them and the degree of
scientific understanding of those issues varies greatly. This
bill says that regardless of what the council, the lead
scientist of the Delta Science Program, or the Delta Independent
Science Board each think the most pressing science questions are
for developing and implementing a Delta Plan, they must spend
limited time and resources assessing the impacts of stressors on
native fish, specifically including the impacts of invasive
species and nonnative species, water quality impairments, and
predation on native species.
Current Focus of Delta Science Program. The June 2010 issue of
Science News: A publication of the Delta Science Program, there
was an article announcing the Delta Science Program's latest
research solicitation. The new scientific information is meant
to help resource managers and policymakers make informed
decisions about current and future Delta water issues such as
healthy ecosystems, water quality, and conveyance and water
supply.
A total of approximately $8 million will be available for
research in four topic areas:
Native Fish Biology and Ecology
Food Webs of Key Delta Species and their Relationship to Water
Quality and other Drivers
Coupled Hydrologic and Ecosystem Models
Water and Ecosystem Management Decision Support System
Development
SUGGESTED AMENDMENTS: None
SUPPORT
Kern County Water Agency (Co-Sponsor)
Metropolitan Water District of Southern California (Co-Sponsor)
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Modesto Irrigation District (Co-Sponsor)
San Luis & Delta-Mendota Water Authority (Co-Sponsor)
Zone 7 Water Agency, Eastern Alameda (Co-Sponsor)
American Society of Civil Engineers
Association of California Water Agencies
Bell Gardens Chamber of Commerce
Burbank Chamber of Commerce
California Cattlemen's Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California League of Food Processors
California Manufacturers and Technology Association
California Municipal Utilities Association
Central Business Association of Los Angeles
Central City Association of Los Angeles
Chambers of Commerce Alliance, Ventura & Santa Barbara Counties
Desert Water Agency
Downey Chamber of Commerce
Eastern Municipal Water District
El Monte/South El Monte Chamber of Commerce
Friant Water Authority
Fullerton Chamber of Commerce
Glenn-Colusa Irrigation District
Industrial Environmental Association
Irwindale Chamber of Commerce
Kings River Conservation District
Kings River Water Association
LA Verne Chamber of Commerce
Las Virgenes Municipal Water District
Los Angeles Business Council
Northern California Water Association
Orange County Taxpayers Association
Regional Chamber of Commerce - San Gabriel Valley
San Diego County Water Authority
San Fernando Chamber of Commerce
San Joaquin River Exchange Contractors
Simi Valley Chamber of Commerce
South Gate Chamber of Commerce
Southern California Water Committee
Southwest California Legislative Council
Three Valleys Municipal Water District
Turlock Irrigation District
United Chambers of Commerce - San Fernando Valley & Region
Valley AG Water Coalition
Valley Industry & Commerce Association
Western Agricultural Processors Association
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Western Growers Association
Westlands Water District
OPPOSITION
Allied Fishing Groups
California Sportfishing Protection Alliance
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