SB 223 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 223 (Galgiani) – As Amended April 30, 2015 Policy Committee: Water, Parks and Wildlife Urgency: Yes State Mandated Local Program: No Vote: 10 - 4 Reimbursable: No SUMMARY: This urgency bill requires the Division of Boating and Waterways (division), within the Department of Parks and Recreation (DPR), to establish an advisory committee to evaluate and monitor activities related to the management and control of invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh. Specifically, this bill: 1) Requires the division to establish the advisory and oversight committee no later than 90 days after the effective date of the bill, and designate and provide staff to support the committee. 2) Requires the membership of the advisory and oversight committee to include an equitable number of representatives from agriculture, recreational boating, commercial shipping, business owners, the California Invasive Plant Council, research institutions, wildlife conservation, the environment, resources conservation districts, the public, and local government. 3) Adds the California Conservation Corps to the list of specifically named entities that are authorized in statute to cooperate in controlling water hyacinth and other aquatic species in the Delta, its tributaries, and the Suisan Marsh. 4) Requires the advisory and oversight committee to meet at least twice per year and communicates its findings to the division. 5) Requires the division to post committee findings on its internet website. 6) Takes effect immediately upon signature of the Governor (urgency clause). 7) Sunsets on January 1, 2019. FISCAL EFFECT: Increased potential costs of up to $290,000 (GF or Harbors and Watercraft Revolving Fund) until 2019 for the division to comply with the provisions of the bill. This costs assumes the committee created by the bill will identify new recommendations for division activities. However, there are two existing committees that provide input of the division's aquatic weed program. The first, in consultation with the US Department of Agriculture addresses the research, management and control of invasive aquatic plants in the Delta and Suisun Marsh. SB 223 Page 2 The second, the Interagency Aquatic Invasive Species Coordination Team takes a broad perspective on controlling and managing invasive aquatic plants in the Delta. Given the existing efforts on this subject, the costs estimated by the DPR should be viewed as a maximum with actual costs potentially much lower. COMMENTS: 1) Purpose. According to the author, the health of the Delta is threatened by water hyacinth as it obstructs waterways and marinas, consumes valuable water resources, creates human health and safety hazards, and damages natural ecosystems by crowding out native plants and wildlife. Three years ago, permits for management and control of water hyacinth were not obtained in a timely manner and pesticide spraying was delayed, The delay allowed the water hyacinth to grow and multiply into dense, unsafe mats that blanketed and obstructed several areas in the Delta. According to the author, the creation of an oversight committee, composed of community members and subject area experts will work to monitor and evaluate the activities of the division, and will improve public transparency and accountability. 2) Background. The division, within the DPR, is the lead agency responsible for the control of specified aquatic invasive species (water hyacinth, Brazilian elodea, and South American spongeplant) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisan Marsh. The division is authorized to cooperate with other state agencies, local governments, and federal agencies in controlling these species. According to DPR, the division currently participates in two existing committees who provide input to its aquatic weed program. The first is statutorily required by HNC §64.5 and is in consultation with the US Department of Agriculture with various interested parties, including the US Fish and Wildlife Service, the University of California, and other members of the scientific and research communities to address the research, management, and control of invasive aquatic plants in the Delta and Suisun Marsh. The division also participates in the Interagency Aquatic Invasive Species Coordination Team, which includes local, state, and federal agencies, and evaluates the operational, research, and regulatory approaches of the division. This team meets from quarterly to biannually. 3) Prior Legislation. AB 763 (Buchanan), Chapter 330, Statutes of 2013, expanded the responsibilities of the division and the Department of Fish and Wildlife with respect to evaluating, eradicating and controlling invasive aquatic plants in the Delta, its tributaries and Suisun Marsh. AB 763 designated the division as the lead agency responsible for such activities in the Delta, its tributaries and Suisun Marsh, and authorized the division to control new invasive aquatic plants in the Delta as they are identified. AB 1540 (Buchanan), Chapter 188, Statutes of 2012, added South American sponge plant to the list of invasive species of concern in the Delta. SB 223 Page 3 AB 2631 (Wolk) of 2004, vetoed by Governor Schwarzenegger, proposed to create a statewide Invasive Species Council, tasked with developing a statewide invasive species response plan. AB 2631 also called for appointment of an Invasive Species Advisory Committee to assist the Council in development of the plan. Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081