BILL ANALYSIS                                                                                                                                                                                                    �





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2011-2012 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 1540                   HEARING DATE: June 12, 2012 
          AUTHOR: Buchanan                   URGENCY: No  
          VERSION: As introduced             CONSULTANT: Alena Pribyl  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Sacramento-San Joaquin Delta: invasive weeds: South 
          American Spongeplant. 
          
          BACKGROUND AND EXISTING LAW
           Existing law 
           (HNC �64):
          1) Legislative findings conclude that: the water hyacinth 
          Eichhornia crassipes and Brazilian elodea Egeria densa obstruct 
          navigation, impair recreational uses of waterways, have the 
          potential for damaging manmade facilities, and may threaten the 
          health and stability of fisheries and other ecosystems within 
          the Sacramento-San Joaquin Delta and the Suisun Marsh. Thus, it 
          is necessary that the state undertake an aggressive program to 
          control water hyacinth and Brazilian elodea in the Delta, its 
          tributaries, and the marsh.

          2) The Department of Boating and Waterways (DBW) is designated 
          as the lead agency for cooperating with other agencies in 
          controlling water hyacinth and Brazilian elodea in the Delta, 
          its tributaries, and the marsh.

          3) DBW is authorized to spend up to $5,000 per year for the 
          control of water hyacinth and Brazilian elodea from the Harbors 
          and Watercraft Revolving Fund. 

           South American spongeplant
           In addition to water hyacinth and Brazilian elodea, the invasive 
          South American spongeplant Limnobium laevigatum has become a 
          problem in the Delta over the last few years. The South American 
          spongeplant is a native of South America, Central America and 
          Central Mexico and is a prolific, floating, flowering plant.  
          Spongeplant was first identified in small ponds in Redding and 
          Arcata in 2003. In 2007, patchy populations were identified 
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          along several miles of the San Joaquin River by the California 
          Department of Food and Agriculture, and by 2008 spongeplant had 
          reached the Delta. 

          Spongeplant is an aquatic floating herb with a round, slightly 
          heart-shaped leaf.  The underside of the leaf has a spongy, 
          air-filled tissue that helps the leaf float. Spongeplant can 
          spread very quickly; it can reproduce by sending out new plants 
          on runners (similar to strawberry plants), or by seed. 
          Spongeplant seeds germinate very quickly to produce small 
          floating seedlings (a handful of seedlings can contain over 60 
          plants). The seedlings can be dispersed by wind, currents, tidal 
          action, and even stick to watercraft and animals. Spongeplant 
          will form dense floating mats, which can completely cover the 
          water's surface. These mats will exclude growth of other native 
          plants, block access to the water, and reduce dissolved oxygen 
          concentrations below the mats. Lower dissolved oxygen levels 
          will negatively affect aquatic animals such as fish, amphibians, 
          and aquatic insects. Besides hurting the ecosystem, spongeplant 
          mats can also pile up wherever there is a barrier and clog 
          weirs, dams, gates, siphons, pumps, and other facilities.

          Management of spongeplant involves removal by nets for small 
          patches, or canal excavation and herbicides for large mats. Once 
          a seed bank is established however, there is no known treatment 
          to eliminate the seed bank. The success of removing a population 
          of spongeplant appears to depend on whether a seed bank has been 
          established. Thus, it is important to act quickly once 
          spongeplant has been identified in a waterway.

          PROPOSED LAW
          This bill would: 
          1) Designate the DBW as the lead agency in cooperating with 
          other agencies in controlling South American spongeplant in the 
          Sacramento-San Joaquin Delta, its tributaries, and the Suisun 
          marsh.

          2) Authorize the DBW to cooperate with other state agencies, 
          cities, counties and districts in controlling the South American 
          spongeplant in the Sacramento-San Joaquin Delta, its 
          tributaries, and the Suisun marsh.

          3) Add findings and declarations about the dangers of aquatic 
          invasive weeds in the Sacramento-San Joaquin Delta.

          ARGUMENTS IN SUPPORT
          According to the author, aquatic weeds are a continuing problem 
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          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.

          ARGUMENTS IN OPPOSITION
          None received

          COMMENTS 
           Management of aquatic invasive species
           Currently, eight different state agencies have direct statutory 
          responsibility to manage aquatic invasive species, and three 
          other state agencies are indirectly responsible for aquatic 
          invasive species issues. Additionally, many other local and 
          federal agencies as well as NGO's, universities, research 
          institutions and stakeholder groups play a role in dealing with 
          aquatic invasive species. In 2008, the Department of Fish and 
          Game, with inputs from various state agencies involved in 
          aquatic invasive species management, put together a 
          comprehensive and detailed management plan that explained the 
          state, national and international aquatic invasive species 
          policies, identified policy gaps, and made policy 
          recommendations (CA Aquatic Invasive Species Plan; 
          http://www.dfg.ca.gov/invasives/plan/). Work is underway to 
          implement some of the policy recommendations to better 
          coordinate management of aquatic invasive species and allow a 
          rapid response once a new threat is identified.

           Cost to DBW
           According to Assembly Appropriations, the costs to DBW are 
          likely no more than tens of thousands annually, mostly in the 
          form of increased herbicide use. DBW anticipates negligible 
          personnel or equipment costs, beyond herbicide costs, because 
          invasive spongeplant generally is found in waterways in which 
          DBW already operates to control invasive plant species.

          SUGGESTED AMENDMENTS 
          Use both common and scientific names of aquatic invasive plants 
          for consistency.
          
               AMENDMENT 1  
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               Delete Page 2, Line 32: "?water hyacinth, Egeria densa,"
               Replace with: "?water hyacinth (Eichhornia crassipes), 
               Brazilian elodea (Egeria densa),"

               AMENDMENT 2 
               Delete Page 2, Line 36: "?water hyacinth, Egeria densa,"
               Replace with: "?water hyacinth (Eichhornia crassipes), 
               Brazilian elodea (Egeria densa),"
               
               AMENDMENT 3
               Delete Page 3, Line 3: "?water hyacinth, Egeria densa,"
               Replace with: "?water hyacinth (Eichhornia crassipes), 
               Brazilian elodea (Egeria densa),"

               AMENDMENT 4
               Delete Page 3, Lines 8-9: "?water hyacinth, Egeria densa,"
               Replace with: "?water hyacinth (Eichhornia crassipes), 
               Brazilian elodea (Egeria densa),"

               AMENDMENT 5
               Delete Page 3, Lines 13-14: "?water hyacinth, Egeria 
               densa,"
               Replace with: "?water hyacinth (Eichhornia crassipes), 
               Brazilian elodea (Egeria densa),"
               
          SUPPORT
          Alameda County Flood Control and Water Conservation District, 
           Zone 7 (sponsor)
          American Federation of State, County and Municipal Employees, 
           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
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          Marina Recreation Association
          Northern California Marine Association
          Reclamation District 800
          Reclamation District 830 - Jersey Island
          Recreational Boaters of California
          Regional Council of Rural Counties
          Town of Discovery Bay Community Services District
          Western Boaters Safety Group
          One individual 
          
          OPPOSITION
          None Received



































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