BILL ANALYSIS �
AB 2443
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 2443 (Williams) - As Amended: April 16, 2012
SUBJECT : Vessels; Registration Fees; Quagga and Zebra Mussel
Infestation Prevention
SUMMARY : Imposes a registration fee not to exceed $10 on
vessels to fund implementation and administration of a
dreissenid mussel monitoring, inspection and eradication
program. Specifically, this bill :
1)States legislative findings and declarations regarding the
immediate and significant threat posed by Quagga and Zebra
mussels, both of which are non-native invasive species, to
California's water supply, flood control, power generation and
aquatic recreation infrastructure, and the financial burden on
local governments and economies to prevent and respond to
infestations of these invasive species.
2)Provides that the fees required by this bill shall be used
solely for the reasonable regulatory costs of performing
investigations and inspections necessary to prevent and
control infestation of California waters by Quagga and Zebra
mussels. States legislative intent that the amount of the
fees shall not exceed the cumulative reasonable regulatory
costs of performing inspections and investigations necessary
to prevent infestation.
3)Requires that a Quagga and Zebra mussel infestation prevention
fee be imposed in an amount determined by the Department of
Boating and Waterways (DBW) but not to exceed $10, on every
vessel subject to registration fees in California. Requires
DBW in determining the amount of the fee to consult with a
technical advisory group appointed by the DBW director that
includes but is not limited to recreation boating and
reservoir operation representatives.
4)Provides that the fee established by this bill shall not apply
to vessels that are used exclusively in marine waters.
5)Requires DBW to adopt emergency regulations describing the
procedure for collection and use of the fees.
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6)Provides that the fees shall be deposited into a Quagga and
Zebra Mussel Infestation Prevention Account which this bill
would create, and expended solely for the purposes of this
bill. Funds in the Account would be available to DBW upon
appropriation of the Legislature for the following:
a) Grants to local governments, including cities,
counties, special districts and joint power authorities
for the reasonable regulatory costs of implementation of
an adopted dreissenid mussel infestation plan that is
consistent with existing law governing such plans.
b) To the Department of Fish and Game (DFG) for
reasonable regulatory costs of implementing provisions of
existing law which authorize DFG to conduct inspections
and take other actions to prevent spread of dreissenid
mussels in areas of the state where a dreissenid mussel
infestation plan has not been adopted.
7)Requires DBW in awarding grants for dreissenid mussel
infestation prevention to give priority to plans that include
visual and manual inspection standards and other infestation
prevention procedures consistent with DFG's Invasive Mussel
Guidebook for Recreational Water Managers and Users, or the
Natural Resource Agency's Aquatic Invasive Species Management
Plan.
8)Provides that for purposes of this bill "reasonable regulatory
costs" include costs associated with investigations and
inspections of a conveyance (defined as a boat or other
watercraft and associated vehicles, containers, and trailers
that may carry or contain dreissenid mussels) for the presence
of dreissenid mussels prior to contact with a reservoir.
EXISTING LAW :
1)Makes it unlawful to possess, import, ship or transport
dreissenid mussels in California, or to place, plant or cause
to be placed or planted dreissenid mussels in any waters of
the state.
2)Provides for regulation of dreissenid mussels as invasive
species. Authorizes DFG to conduct inspections, order
quarantines, and take other actions as necessary to prevent
the spread of invasive mussels.
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3)Requires water reservoir operators and managers where
recreational boating is allowed to conduct a vulnerability
assessment and to develop plans to prevent mussel infestation.
4)Grants immunity from criminal or civil liability for mussel
infestation to operators of water storage and delivery
facilities that have adopted, and implemented, and kept up to
date an approved plan to control and eradicate dreissenid
mussels.
FISCAL EFFECT : Unknown
COMMENTS : The author has introduced this bill to establish a
dedicated funding source to cover the costs of inspections to
prevent the infestation or spread of infestation of Quagga and
Zebra mussels in California waters. Quagga and Zebra mussels
are non-native dreissenid mussels which were introduced to the
United States from Europe in 1988. They first appeared in the
Great Lakes region where they have caused billions of dollars in
economic damages. Quagga mussels were first discovered in
California in Lake Havasu in 2007 and have since been identified
in 25 bodies of freshwater in California, mostly in the Southern
California region, and in the Colorado River Aqueduct. Zebra
mussels were found in 2008 in San Justo Reservoir in San Benito
County. Both mussels are highly invasive species that reproduce
rapidly and in large quantities, and can severely hinder water
delivery systems by clogging pipes, pumps and other water intake
structures.
The author of this bill in background information provided to
the committee notes that Quagga and Zebra mussels pose an
immediate and significant threat to California's water supply,
flood control systems, power generation and aquatic recreation
infrastructure. Facilities threatened with infestation include
agricultural water management infrastructure in the Central
Valley, drinking water facilities in the Central and North Coast
regions, power generation in the Sierra Nevada, and flood
control facilities throughout California's watersheds. Quagga
and Zebra mussels are also filter feeders that consume large
quantities of microscopic plants and animals upon which other
species depend. As a result, the ecological balance of an
entire water body can be disturbed, displacing native species.
Boating poses one of the largest risks of introducing mussels
and spreading infestations from one body of water to another.
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It is suspected that Quagga mussels were brought to the Western
United States in the hull of a recreational boat. Between 2000
and 2010, widespread mussel infestation in the Great Lakes
region resulted in over $5 billion in economic impact. Were it
to become infested, Lake Tahoe alone would likely incur economic
impacts over $20 million annually. Prevention of infestation
and the spreading of infestation is a much more cost effective
approach than control or eradication once infested, which may
not be possible.
Currently a number of local governments, but not all, are
conducting inspections of vessels before they are allowed to
enter a body of water. Local governments that have instituted
inspection programs are incurring significant costs to do so.
For example, Monterey County Parks Department with assistance of
the Monterey County Water Agency implemented a mandatory mussel
inspection program at Lake San Antonio and Lake Nacimiento in
2010. The start-up costs for the program were funded with a
one-time $100,000 grant from DFG. Program costs are currently
being funded with a one-time revenue allotment from the Monterey
County Agricultural Commission's office, but a source of funding
for ongoing program costs has not been identified. The Sonoma
County Water Agency is working with the Army Corps of Engineers
on vulnerability assessments for Lake Sonoma, Lake Mendocino and
the Russian River, but has not implemented a mandatory
inspection program due to a lack of funding.
The Metropolitan Water District (MWD) has spent $30 million in
the last 5 years on staffing costs to wash and scrape mussels
from pipes and water grates. MWD employs two divers full-time,
eight hours a day at just one water plant in Riverside County to
scrape off the mussels, which can completely block water intakes
if left unchecked in just a matter of months. One mussel can
generate one million eggs a day.
While some counties have implemented inspection programs, the
author and sponsors of this bill assert that a statewide program
is needed to effectively prevent the spread of infestation and
to ensure consistency. DFG has played a lead role in providing
training and public education to guide prevention and monitoring
efforts. Among other things, DFG provides guidance to local
authorities, water managers and the public; developed
inspection, monitoring and decontamination training programs in
cooperation with the University of California Extension and the
U.S. Fish and Wildlife Service; developed monitoring protocols
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in cooperation with the Department of Water Resources; developed
a communications plan and multi-agency network to share
information; works with local agencies on developing response
plans; and has trained warden K9 units to assist in mussel
detection. However, while DFG provides guidance and training,
and has authority to conduct and require inspections, it does
not have the resources or capacity to conduct inspections itself
at all water bodies in the state. This bill would make a stable
dedicated source of funding available for implementation of
local programs, and also provide a source of funding for DFG
oversight and response when necessary.
Support Arguments : Supporters emphasize this bill is needed to
provide funding for implementation and administration of a
mussel program statewide to ensure they do not continue to
spread to unaffected water bodies. In addition to the local
economic impacts, the Sonoma County Water Agency also notes that
invasive mussels represent an enormous risk for water supply
operations at reservoirs and hatchery facilities developed to
restore Coho Salmon.
The Association of California Water Agencies supports this bill
if amended to ensure the bill does not impact existing water
agency inspection programs and accompanying fees, and to allow
existing programs to access grant monies that may become
available.
Opposition Arguments : Opponents, while appreciating the need to
address the problem of dreissenid mussels, oppose using vessel
registration fees as the funding source. By assessing fees on
all vessels, vessel owners that may never use a water body that
is the focus of control measures, would be required to pay fees.
Opponents indicate that if inspection fees are necessary to
fund mussel monitoring, inspections and eradication efforts on a
particular water body, a better approach would be to identify a
funding source directly connected with that location, such as a
local entrance or inspection fee. Opponents also note that DFG
and the Department of Food and Agriculture already receive
funding for Quagga mussel regulatory activities from the Harbors
and Watercraft Revolving Fund.
Needed Amendments : This bill provides that the revenues from
the fees shall be used for local grants, and that a percentage
of the revenues shall be made available to DFG to pay for
implementation costs incurred by DFG in areas of the state where
AB 2443
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a mussel infestation plan has not been adopted. The bill
currently includes a blank and does not specify the portion of
the revenues that would be available to DFG. The author
indicates that additional information is being sought to
determine the appropriate allocation.
REGISTERED SUPPORT / OPPOSITION :
Support
Santa Barbara County (co-sponsor)
San Luis Obispo County (co-sponsor)
Humboldt Bay Municipal Water District
Monterey County
Redwood Valley County Water District
Sonoma County Water Agency
Association of California Water Agencies (if amended)
Opposition
California Association of Harbor Masters and Port Captains
California Marine Parks and Harbors Association
California Yacht Brokers Association
Marina Recreation Association
Northern California Marina Association
Western Boaters Safety Group
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096