BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1251 (Evans) - Ocean Protection Council: Aquatic Invasive
Species Working Group.
Amended: May 1, 2012 Policy Vote: NR&W 7-2
Urgency: No Mandate: No
Hearing Date: May 24, 2012 Consultant: Marie Liu
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: SB 1251 would require the Ocean Protection Council
(OPC) and the Wildlife Conservation Board (WCB) to jointly
establish the Aquatic Invasive Species Working Group, which will
be responsible for developing a well-funded, comprehensive,
statewide approach to the management and control of aquatic
invasive species by January 1, 2014.
Fiscal Impact:
Ongoing costs of approximately $70,000 from the General
Fund (or possibly the California Environmental License Plate
Fund) beginning in 2013-14 for facilitating and staffing the
working group.
One-time cost pressures of approximately $20,000 from bond
funds (General Fund) in 2013-14 for a grant to cover working
group members' travel and expenses.
Background: Aquatic invasive species (AIS) are currently managed
by a myriad of state agencies under multiple statutes and
regulations. A report from the California Research Bureau titled
"Managing Coastal Aquatic Invasive Species in California" found
that the management of coastal AIS includes seven state laws
encompassing 230 code sections and 50 sections in the California
Code of Regulations.
There also have been multiple efforts to create a statewide
coordinated approach to the prevention and control of AIS,
including the development of the California Aquatic Invasive
Species Management Plan in 2008 by the Department of Fish and
Game in conjunction with many other state agencies. This plan
included a recommendation to establish the California Agencies
Aquatic Invasive Species Team (CAAIST) which consists of the AIS
mangers of each of the member state agencies. In 2009, several
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state agencies created the Invasive Species Council of
California to focus on interagency coordination. One of the
recommendations of this council is to establish an interagency
and private sector working group. The council itself has an
advisory committee of 24 stakeholder members which has
identified 1700 species (terrestrial and aquatic) for which
various strategies could apply including exclusion, detection,
eradication, control, or management action by the state.
Proposed Law: This bill would require the OPC and WCB to jointly
establish the Aquatic Invasive Species Working group which
consists of a total of 29 members selected by the Secretary of
the Natural Resources Agency representing perspectives including
agricultural commissioners, the aquarium trade, aquaculture,
water marinas, commercial shipping interests, recreational
boating, counties, public water agencies, and commercial and
sport fishing interests. The working group, by January 1, 2014,
shall develop a comprehensive, statewide approach to the
management and control of AIS that facilities collaboration and
coordination among state departments, local governments, and
various stakeholders. The working group would be required to
recommend actions and priorities intended to control AIS,
recommend legislation, recommend top AIS threats, recommend
funding sources, and increase agency cooperation. The working
group would be required to collaborate with the CAAIST and a
science panel of three to six members and to have at least one
public hearing per year. A report including some of the working
group's recommendations would be required to be submitted to the
Legislature by January 1, 2014.
This bill would allow the OPC to provide a grant to the working
group to cover travel and related expenses.
Staff Comments: The direct and indirect economic impacts of AIS
are significant. Millions of dollars are spent annually in
response to individual species including water hyacinth,
Caulerpa taxifolia, and quagga mussels, just to name a few. AIS
can affect water distribution systems, industrial cooling
systems, boat maintenance, marina facilities, navigational
equipment, and threats to commercial and recreational fishing.
Additionally, AIS can impact biodiversity, food webs, water
quality, and recreational values.
While there have been numerous councils/working groups/teams
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formed regarding invasive species (aquatic, terrestrial, or
both), it seems that the resulting recommendations always
include the creation of another council/working group/team. That
said, such a recommendation seems reasonable given that
California's statutory and regulatory response to invasive
species remains convoluted.
This bill creates a working group that comprised of non-state
stakeholders dealing with AIS, whose participation is needed in
conjunction with any state efforts to be successful. That said,
staff notes that this working group is quite large, which may
ultimately improve the comprehensiveness of its work product,
but it may also increase the time and effort needed to reach
conclusions and recommendations. For example, the report to the
Legislature due on January 1, 2014, must contain recommendations
for future legislation. Developing these recommendations alone
will most certainly require multiple meetings of the group. The
Natural Resources Agency, as chair of the working group will
incur costs associated with, staffing, advising, and directing
the group for a likely ongoing cost of approximately $70,000.
This bill does not provide a funding source for the group, but
does allow the OPC to provide a grant to cover travel and
related expenses. This provision imposes a cost pressure on the
OPC of approximately $20,000. Staff notes that the OPC is
largely funded by bond dollars, which generally should be spent
on capital projects with an expected life of at least 30 years
(the life of the bond), not operational costs.
Proposed Author Amendments: Reduce the number of members to 19,
require that the council request funding from the OPC and the
WCB, specify that a travel cost grant may not be offered for
more than one year, and add a sunset date of January 1, 2015.