BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 2443 (Williams) - Vessels: registration fee: Quagga and Zebra 
          Mussel Infestation Prevention Program.
          
          Amended: July 6, 2012           Policy Vote: NR&W 6-1 T&H 6-2
          Urgency: No                     Mandate: No
          Hearing Date: August 6, 2012                      Consultant: 
          Bob Franzoia  
          
          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: AB 2443 would impose a vessel registration fee, as 
          set forth in statute and determined by the Department of Boating 
          and Waterways.  This bill would require funds from the fee to be 
          used to administer quagga and zebra mussel monitoring, 
          inspection, and infestation prevention programs.

          Fiscal Impact: Estimated revenues of $5.1 million annually to 
          the Harbors and Watercraft Revolving Fund from new vessel 
          registration fee.
              $75,000 to $150,000 one-time to the Harbors and Watercraft 
              Revolving Fund to adopt regulations and establish a grant 
              program, similar annual costs to administer the grant 
              program.
              $271,000 in 2012-13, $113,000 in 2013-14, and $47,000 in 
              2014-15 from the Harbors and Watercraft Revolving Fund for 
              the Department of Motor Vehicles to revise vessel 
              registration fee collection systems.
              $410,000 annually from the Harbors and Watercraft Revolving 
              Fund to the Department of Fish and Game to implement a 
              quagga and zebra mussel prevention plan. 
              Up to $4.2 million annually from the Harbors and Watercraft 
              Revolving Fund to the department for local grants to fund 
              infestation prevention programs.

          Background: As noted by the Natural Resources and Water 
          Committee, quagga and zebra mussels are prolific breeders, can 
          spread rapidly, and can adapt to a wide variety of aquatic 
          environments.  The mussels can move downstream with the flow of 
          water, and attach to any hard object.  Transport by people is 
          the primary method the mussels are spread to unconnected waters; 
          mussels can attach to recreational equipment such as boats and 








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          can survive for a week or longer out of water.  Currently quagga 
          and zebra mussels have been identified in 25 bodies of 
          freshwater in California, primarily in Southern California.  It 
          is suspected the mussels were brought to the western US on the 
          hull of a recreational boat.  According to the Department of 
          Fish and Game, eradication of quagga and zebra mussels is 
          possible if they are in low density, but it is very expensive.  
          Eradication of an established population of mussels is not 
          currently possible and controlling an established population is 
          also very expensive.  The Metropolitan Water District has spent 
          $30 million in the last five years on staffing costs to wash and 
          scrape mussels from pipes and water grates.  Preventing the 
          further spread of quagga and zebra mussels in California is much 
          more cost effective than controlling an established population. 
          State and federal agencies have initiated a unified response in 
          California by increasing watercraft inspections at Department of 
          Food and Agriculture border inspection stations, developing and 
          implementing monitoring plans for high risk water bodies, 
          training state, federal and local agency staff to conduct 
          watercraft inspections and monitoring, and conducting public 
          outreach and education.  

          The problem is that many water bodies are managed by local 
          governments or authorities who are covering the cost of 
          inspection and monitoring programs on their own or with small 
          grants.  For example, Monterey County Parks Department 
          implemented a mussel prevention program in 2010 from an initial 
          grant of $100,000 from the Department of Fish and Game.  This 
          money was used to hire vessel screeners at all of the public 
          boat ramps at two lakes.  After the initial funding was 
          depleted, the parks department was able to obtain a one-time 
          revenue allotment from the Monterey County Agricultural 
          Commissioner's Office to continue the program.  According to the 
          county parks department they have no way of sustaining the 
          mussel prevention program once the revenue allotment runs out, 
          unless a long-term funding solution is established.

          Proposed Law: The additional prevention fee would be no more 
          than $10 or no more than $20 depending on vessel registration 
          dates.

          Staff Comments: This analysis estimates that if the full amount 
          of the authorized $10 (annual) or $20 (biennial) fee is enacted, 
          maximum gross revenues from the collection of the increased fees 








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          could average approximately $5.1 million annually.  This 
          estimate assumes that 60 percent, or 510,000, of the state's 
          850,000 registered vessels are not exclusively used in marine 
          waters.  Forty percent of vessels are registered in 13 counties 
          which are on or near marine waters.  This estimate also assumes 
          that all fresh water boaters will pay the fee even if there is 
          no process in place to enforce or verify the marine water 
          exemption.

          This bill would limit the department's funding to three percent 
          of total revenues to the fund.  It is unclear if "total 
          revenues" means before or after deduction of the Department of 
          Motor Vehicles' administrative costs, as the current bill 
          language would allow the Department of Motor Vehicles to deduct 
          its costs prior to depositing the fee revenues into the fund.  
          In any event, three percent of revenues (a maximum of $153,000) 
          would not cover the department's estimated costs.  This bill 
          would limit the Department of Fish and Game to no more than 15 
          percent of remaining revenues, or likely less than $750,000 
          annually, which also may not be enough to cover its costs.  
          Based on this estimate, the amount available for grants would be 
          less than $4.2 million annually, or about $72,000 per county, 
          statewide.  

          Recommended Amendments: Given the uncertainty of actual 
          revenues, a fixed administrative or program percentages may 
          underfund the department.  Staff recommends amending this bill 
          to strike out the three percent cap and instead allow the 
          department to recover its reasonable costs.