BILL ANALYSIS �
AB 2443
Page 1
ASSEMBLY THIRD READING
AB 2443 (Williams)
As Amended May 3, 2012
Majority vote
WATER, PARKS & WILDLIFE 7-3
APPROPRIATIONS 12-5
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|Ayes:|Huffman, Campos, Fong, |Ayes:|Fuentes, Blumenfield, |
| |Williams, Hueso, Lara, | |Bradford, Charles |
| |Yamada | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman, Beth Gaines, |Nays:|Harkey, Donnelly, |
| |Jones | |Nielsen, Norby, Wagner |
| | | | |
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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 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
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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 recreational 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 for collection and
use of the fees.
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) 85% for grants to local governments, including cities,
counties, special districts and joint power authorities for
the reasonable regulatory costs of implementation of a
dreissenid mussel infestation plan adopted before or after
January 1, 2013, and that is consistent with existing law
governing such plans.
b) 15% 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
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that may carry or contain dreissenid mussels) for the presence
of dreissenid mussels prior to contact with a reservoir.
9)Provides that this bill does not preempt a special district,
city, county, or joint powers authority from adopting local
regulations or ordinances related to the prevention and
eradication of invasive aquatic species.
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.
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, implemented, and kept up to date
an approved plan to control and eradicate dreissenid mussels.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)One-time costs in 2012-13, ranging from $75,000 to $150,000,
to DBW to establish and consult with the technical advisory
group, to develop and adopt emergency regulations for
collection and use of the fee, and to establish grant program
procedures and criteria (Harbors and Watercraft Revolving
Fund).
2)One-time costs in 2012-13 of approximately $150,000 to the
Department of Motor Vehicles (DMV) to update vessel
registration fee collection systems and information (Motor
Vehicle Account).
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3)Annual costs to DBW of approximately $150,000 (equivalent to
one staff member, plus overhead and miscellaneous costs) to
administer the local grant program (Quagga and Zebra Mussel
Infestation Prevention Account).
4)Annual mussel infestation prevention fee revenue of as much as
$8.5 million (assuming 850,000 registered vessels and $10 fee)
beginning in 2012-13 (Quagga and Zebra Mussel Infestation
Prevention Account).
COMMENTS : This bill would 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 and 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 freshwater bodies in
California, mostly in Southern California, 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 notes that Quagga and Zebra mussels pose
an immediate and significant threat to California's water
supply, flood control, power generation and aquatic recreation
infrastructures. 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. 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 which may be impossible.
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Currently a number of local governments, but not all, are
conducting inspections of vessels before they are allowed to
enter a water body and are incurring significant costs to do so.
The author of this bill asserts 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. 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.
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, supporters
also note that invasive mussels represent a significant risk for
water supply operations at reservoirs and hatchery facilities
developed to restore Coho Salmon.
Opponents, while appreciating the need to address the problem of
dreissenid mussels, oppose using vessel registration fees as the
funding source, and assert that 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 argue 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 receive funding for
Quagga mussel regulatory activities from the Harbors and
Watercraft Revolving Fund.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003917
AB 2443
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