SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No:
Author:
Version:
Urgency:
Consultant:
AB 300
Alejo
June 11, 2015
No
Angee Doerr
Hearing Date:
June 23, 2015
Fiscal:
Yes
Amended
Subject: Safe Water and Wildlife Protection Act of 2016.
BACKGROUND AND EXISTING LAW
Existing law:
1) Under the Porter-Cologne Water Quality Control Act, establishes the State Water
Resources Control Board (SWRCB) and regional water quality control boards
(RWQCBs) in the California Environmental Protection Agency, which must be “the
principal state agencies with primary responsibility for the coordination and control of
water quality” (Water Code Division 7).
2) Establishes the State Coastal Conservancy (SCC), and prescribes the membership,
and functions and duties of the SCC with respect to preservation of coastal
resources in the state (Public Resources Code Division 21, State Coastal
Conservancy)
3) Provides a sum of one billion four hundred ninety-five million dollars
($1,495,000,000) that shall be available, upon appropriation by the Legislature, for
competitive grants for multibenefit ecosystem and watershed protection and
restoration projects in accordance with statewide priorities (Water Code Division
26.7, Chapter 6, Protecting Rivers, Lakes, Streams, Coastal Waters, and
Watersheds).
PROPOSED LAW
This bill establishes an Algal Bloom Task Force within the State Water Resources
Control Board (SWRCB). Specifically, this bill:
1)
Finds and declares a series of
statements relating to the toxicity of cyanobacterial blooms, and the deleterious
impacts they have within state waters.
2) Creates Chapter 10 (commencing with Section 31420) to Division 21 of the Public
Resources Code.
3) Defines, for the purposes of this Chapter:
“Waters of the state” as any surface waters in the state, including, but not limited to,
coastal lakes, lagoons and estuaries, rivers, streams, inland lakes and reservoirs,
and wetlands.
4) Establishes the state Algal Bloom Task Force within the SWRCB. The task force will
be comprised of a representative from SWRCB, Department of Public Health (DPH),
AB 300 (Alejo)
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Department of Fish and Wildlife (DFW), Department of Food and Agriculture (DFA),
State Coastal Conservancy (SCC), and other relevant agencies to be determined by
the chairperson of the board, in consultation with the Secretary for Environmental
Protection. The Task Force would have the following responsibilities:
(a) Assess and prioritize the actions and research necessary to develop measures that
prevent or sustainably mitigate toxic algal blooms in the waters of the state.
(b) Solicit and review proposals from universities, local governments, California Native
American tribes, and nonprofit organizations for applied research, projects, and
programs that develop strategies or activities that prevent or mitigate toxic blooms of
cyanotoxins and establish cyanotoxin monitoring programs or develop laboratory
capacity for analyzing water samples for cyanotoxin pollution.
(c) Provide funding recommendations to the chairperson of the board and to DFW,
SCC, other members of the task force, and relevant agency representatives for
these proposals.
(d) Review the risks and negative impacts of toxic algal blooms and microcystin
pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and
develop recommendations for prevention and long-term mitigation.
(e) Submit a summary of findings based on this review, including recommendations on
programs or state resources that will be required to prevent damaging toxic algal
blooms and microcystin pollution in the waters, to the appropriate policy and fiscal
committees of the Legislature, the Secretary for Environmental Protection, and the
Secretary of the Natural Resources Agency on or before January 1, 2017.
(e) Organize meetings and workshops of experts and stakeholders as needed to
implement this section.
(f) Establish a notification procedure and publish notices to inform the public about
ongoing activities, and provide opportunities for public review and comment on
applied research, projects, and programs solicited.
5) Creates a sunset date of January 1, 2019 for the provisions of this bill
ARGUMENTS IN SUPPORT
The co-sponsor of AB300, the City of Watsonville, writes “Many lakes and rivers across
the State have tested positive for algal toxins. Unfortunately, there is a significant lack of
awareness at the public health, veterinary and local government level regarding the
presence of toxic algal blooms and their health effects. It is clear that California needs a
more coordinated approach to managing toxic algal blooms to protect the State’s
residents, water supplies and natural resources. AB 300 provides that coordination by
forming a task force that brings water quality, public health and environmental health
experts together”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
What causes algal blooms? Cyanobacteria, or blue-green algae, can live in both
marine and freshwater. These bacteria thrive in warm, nutrient rich waters. California’s
watersheds are especially prone to toxic algal blooms due to the warm climate,
shrinking water supplies, run-off from agricultural and municipal sources, and climate
AB 300 (Alejo)
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change. Because of this, California has seen algal blooms within rivers, lakes,
estuaries, and along our coasts.
Are toxic algal blooms a problem in California? Toxic algal blooms have been
reported in multiple locations across California, including Siskiyou County, Humboldt
County, Lake County, Kern County, Mono County, Riverside County, San Francisco
Bay Delta, San Joaquin, and Santa Cruz County. Toxic algal blooms impact drinking
water, human health, wildlife, pets, recreation, and ecosystems.
The cyanobacterium Microcystis produces potent toxins, including microcystin.
Microcystis blooms can sicken or kill people and animals through ingestion, inhalation,
or skin contact. Larger marine animals, such as sea otters, have been killed by
consuming shellfish that has been contaminated with microcystin. These blooms also
deplete oxygen in the water, killing fish and other aquatic life. Microcystin is a federally
regulated pollutant.
Why is a task force needed? Solving the toxic algal bloom problem requires the
coordinated effort of several state departments and requires new multidisciplinary
research. Although we have several groups within California that monitor water quality
and coastal algal blooms, including Southern California Coastal Water Research Project
(SCCWRP), Central and Northern California Ocean Observing System (CeNCOOS),
Southern California Coastal Ocean Observing System (SCCOOS), and the Department
of Public Health, there is not currently a coordinated effort to track and better
understand toxic algal blooms in California.
Double-Referral. The Rules Committee referred this bill to both the Committee on
Natural Resources and Water and to the Committee Environmental Quality. Therefore,
if this bill passes this committee, it will be referred to the Committee on Environmental
Quality, which will consider the issues within their jurisdiction.
SUGGESTED AMENDMENTS
AMENDMENT 1
Currently, AB300 Section 2, reads:
31421(c) “Waters of the state” means any surface waters in the state, including,
but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland
lakes and reservoirs, and wetlands.
However, toxic algal blooms are known to occur (and are occurring) along
California’s coasts in marine environments. An amendment is suggested to
change this to:
31421(c) “Waters of the state” means any surface waters in the state, including,
but not limited to, coastal lakes, lagoons and estuaries, rivers, streams, inland
lakes and reservoirs, wetlands, and marine waters, within the boundaries of the
state.
SUPPORT
City of Watsonville (co-sponsor)
Karuk Tribe (co-sponsor)
Save Our Shores
Defenders of Wildlife
City of Long Beach
OPPOSITION
AB 300 (Alejo)
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None Received
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