BILL ANALYSIS �
AB 1540
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1540 (Buchanan) - As Introduced: January 24, 2012
SUBJECT : Sacramento-San Joaquin Delta: Invasive Weeds: South
American Sponge plant
SUMMARY : Designates the Department of Boating and Waterways
(DBW) as the lead agency in treating and controlling South
American Sponge plant (Limnobium laevigatum). Specifically, this
bill :
1)Adds the South American Sponge plant (sponge plant) to a list
of invasive plant species (others include hyacinth and Egeria
densa) for which DBW serves as the lead agency of the state in
treatment and control in the Delta, its tributaries, and the
Suisun marsh.
2)Authorizes DBW, other state agencies, cities, counties and
districts to cooperate with one another and with agencies of
the United States in controlling sponge plant in the Delta,
its tributaries, and the Suisun Marsh, and to furnish money,
services, equipment and other property for that purpose.
3)States legislative findings and declarations regarding the
impact of the sponge plant and the necessity of undertaking an
aggressive program for effective control. Further states that
responding to the threats of sponge plant at an early stage is
important to prevent the spread of sponge plant throughout the
Delta.
EXISTING LAW
1)Designates DBW as the lead agency for the state in controlling
water hyacinth and Egeria densa in the Sacramento-San Joaquin
Delta, its tributaries and the Suisun Marsh.
2)Requires up to $5,000 per year of funds available for
AB 1540
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expenditure by the Department of Fish and Game to implement
invasive plant control activities to be paid from the Harbors
and Watercraft Revolving Fund.
3)Establishes that whenever any control program is proposed to
occur in Rock Slough, DBW and the Contra Costa Water District
shall develop a memorandum of understanding establishing the
parameters of the control program. (Does not apply to any
control program proposed for Sand Mound Slough).
FISCAL EFFECT : unknown
COMMENTS :
The South American Sponge plant (Sponge plant) was first found
in California in Redding and Arcata in 2003, appeared in the San
Joaquin River in 2007, and in the Sacramento - San Joaquin Delta
(Delta) in 2008. The Sponge plant is a highly invasive weed that
spreads and grows rapidly. The plant creates an extremely thick
mat of vegetation on the water surface that effectively shuts
out all sun light, and changes the water below such that it
becomes uninhabitable to fish and other aquatic animals. The
huge mats of vegetation make fishing and boating difficult.
Additionally, the mats build up against any obstruction, thus
accumulating and likely jamming weirs, dams, gates, siphons and
will likely be pulled into pumps. And, because of the way Sponge
plant germinates, with extremely small seedlings that are easily
dispersed by wind, currents and tidal action, water pumps within
the Delta are in danger of becoming clogged with the Sponge
plant seedlings.
Management of Sponge plant consists of hand or net removal for
isolated plants or small patches (few yards in diameter). For
larger mats, canal excavation or herbicides are effective. The
most effective herbicide is diquat, but Sponge plant can also be
treated with glyphosate, the same herbicide used to treat
hyacinth.
DBW already focuses on the long-term management of water
hyacinth and Egeria densa and crews are on the water regularly.
These three invasive aquatic species are often found together
but, DBW does not currently have legal authority to treat any
aquatic weeds other than water hyacinth and Egeria densa. This
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bill gives DBW the legal authority to treat and control South
American Sponge plant.
DBW anticipates that there will be a minor increase in workload
subsequent to adding sponge plant to the treatment list;
however, because sponge plant is most often found near hyacinth
and/or Egeria densa and is treated with the same herbicides, the
increase in resources should be manageable.
DBW's Aquatic Weed Control Program obtains permits from the
National Oceanic and Atmospheric Administration Fisheries, the
U.S. Fish and Wildlife Service, and the Regional Water Resources
Control Board. Permits restrict treatment in the Delta from
April 1 through October 15 and include mandatory annual
reporting on water quality, habitat impact, incidental take, and
effectiveness of treatment.
Sponge plant will be difficult to eradicate if it is allowed to
grow and spread. Early treatment in the Delta will reduce the
need for more extensive and costly efforts to keep the Sponge
plant from spreading throughout the Delta.
Larger Plan
Several people have acknowledged that addressing invasive
species on an individual basis is an inefficient and often
delayed response. Work is in progress to create a larger plan
for creating an invasive species management plant. However, due
to the rapidness with which Sponge plant can disseminate
throughout the Delta, action is required now before a larger
plan is developed and implemented.
Potential economic impact
The potential impact of Sponge plant control are unknown but are
suspected to be higher than that for hyacinth. Because Sponge
plant is a floating plant, it can establish itself in concrete
lined canals as well as earthen ones and therefore may become a
problem in the major water delivery infrastructure for the
entire State. It may also travel to infest reservoirs and
forebays connected to the delivery system where it could have a
substantial economic impact on the State.
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Adding Sponge plant control and eradication to DBW's
jurisdiction will increase the cost associated the Aquatic Weed
Control Program, of which DBW currently spends approximately
$6.5 million per year on the eradication of water hyacinth and
Egeria densa; an amount subject to annual appropriation of funds
by the California Legislature. However, since the Sponge plant
is often found near hyacinth and Egeria densa, the increased
cost is projected to be that mainly associated with additional
herbicides and less associated with increased boating time.
Moreover, as the author notes, expenditure of funds for early
response efforts now while the plant is still manageable may
avoid the need for much more costly and extensive treatment
efforts later.
Supporting Arguments: The author states "Aquatic weeds are a
continuing problem in the Delta and have been growing at an
unprecedented rate. Invasive species of Aquatic weeds obstruct
navigation, impair other recreational uses of the waterways and
have the potential of damaging manmade facilities, including
federal and state water pumping operations. Invasive aquatic
weeds threaten the health and stability of fisheries and other
ecosystems, tourism, water quality and increase flood risk.
Early treatment of the South American Sponge plant will reduce
the need for more extensive and costly later efforts to keep the
sponge plant from spreading in the Delta."
A scientific expert on sponge plant states "Passage of this
legislation is critical to stopping further spread of the sponge
plant, and makes wise use of the current expertise within DBW."
Other supporters also note that since DBW is already on the
water monitoring, treating, and controlling hyacinth and Egeria
densa, DBW should have the legal authority to also treat Sponge
plant. Treatment that begins now in the early stages of
infestation will decrease the overall toll on the Delta and
Suisun Marsh and will save on costly management strategies in
the future.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Flood Control and Water Conservation District
Zone 7 Water Agency (Sponsor)
Association of California Water Agencies
American Federation of State, County and Municipal Employees,
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AFL-CIO
Association of California Water Agencies
California Agricultural Commissioners and Sealers Association
California Association of Harbor Masters and Port Captains
California Central Valley Flood Control Association
California Delta Chambers
California Farm Bureau Federation
California Invasive Plant Council
California Marine Parks and Harbors Association
California Yacht Brokers Association
City of Brentwood, California
City of Oakley, California
Contra Costa County Farm Bureau
Contra Costa County Board of Supervisors
Contra Costa Water District
Diablo Water District
East Bay Municipal Utility District
Ironhouse Sanitary District
Marina Recreation Association
Northern California Marine Association
Reclamation District 800
Recreational Boaters of California
Western Boaters Safety Group
A few letters from individuals
Opposition
None on file
Analysis Prepared by : Mandy Arens / W., P. & W. / (916)
319-2096