BILL ANALYSIS �
AB 1540
Page 1
ASSEMBLY THIRD READING
AB 1540 (Buchanan)
As Introduced January 24, 2012
Majority vote
WATER, PARKS & WILDLIFE 12-0 APPROPRIATIONS 16-0
-----------------------------------------------------------------
|Ayes:|Huffman, Halderman, Bill |Ayes:|Fuentes, Blumenfield, |
| |Berryhill, Campos, Fong, | |Bradford, Charles |
| |Beth Gaines, Gatto, Roger | |Calderon, Campos, Davis, |
| |Hern�ndez, Hueso, Jones, | |Donnelly, Gatto, Hall, |
| |Lara, Yamada | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Designates the Department of Boating and Waterways
(DBW) as the lead agency in treating and controlling South
American Spongeplant (Limnobium laevigatum). Specifically, this
bill :
1)Adds the South American Spongeplant (spongeplant) to a list of
invasive plant species (others include hyacinth and Egeria
densa) for which DBW serves as the state lead agency 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 spongeplant 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 spongeplant and the necessity of undertaking an
aggressive program for effective control, particularly in the
early stages to prevent further spread in the Delta.
EXISTING LAW :
AB 1540
Page 2
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
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 : According to the Assembly Appropriations
Committee, there would be minor costs, likely no more than tens
of thousands annually, to DBW, mainly in the form of increased
herbicide use. The department anticipates negligible personnel
or equipment costs beyond herbicide costs, because invasive
spongeplant generally is found in waterways in which the
department already operates to control invasive plant species.
COMMENTS : The spongeplant is a highly invasive weed that
spreads and grows rapidly, so early treatment reduces the need
for more extensive and costly efforts later. The plant creates
an extremely thick mat of vegetation on the water surface that
effectively shuts out all sunlight rendering the water below
uninhabitable to fish and other aquatic animals. The huge mats
of vegetation also make fishing and boating difficult and can
build up against any obstruction potentially jamming weirs,
dams, gates, and siphons. Because the spongeplant germinates
with extremely small seedlings that are easily dispersed by
wind, currents, and tidal action, it also poses a clogging risk
to the Delta pumps. Management of the spongeplant consists of
hand or net removal for isolated plants or small patches (few
yards in diameter). For larger mats, canal excavation or
herbicides such as diquat or glyphosate, which is the same
herbicide used to treat hyacinth, are effective.
AB 1540
Page 3
DBW's Aquatic Weed Control Program obtains permits from the
National Oceanic and Atmospheric Administration Fisheries, the
United States 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. 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 bill gives DBW the legal
authority to treat and control South American Spongeplant.
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 the spongeplant can disseminate
throughout the Delta, action is required now before a larger
plan is developed and implemented.
Supporting Arguments: The author states that 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. A scientific expert
on spongeplant states that passage of this legislation is
critical to stopping its further spread and would make 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 the spongeplant.
Analysis Prepared by : Mandy Arens / W., P. & W. / (916)
319-2096
FN: 0003410
AB 1540
Page 4