BILL ANALYSIS Ó SENATE COMMITTEE on AGRICULTURE Senator Cathleen Galgiani, Chair BILL NO: AB 2402 HEARING: 06/17/14 AUTHOR: Buchanan FISCAL: Yes VERSION: 05/23/14 CONSULTANT: Anne Megaro Noxious weed management. SUMMARY : This bill would redistribute the proportional allocation of funds from the Noxious Weed Management Account to be used for specific activities, such as weed control and research, and to the California Department of Food and Agriculture (CDFA) to carry out provisions of noxious weed management. BACKGROUND AND EXISTING LAW : Existing law defines "noxious weed" to mean any species of plant that is destructive and difficult to control or eradicate, as identified by the secretary of CDFA. CDFA is responsible for administering and implementing noxious weed management in cooperation with the secretary of Natural Resources Agency. Existing law creates the Noxious Weed Management Account within the Department of Food and Agriculture Fund to be used and allocated for specific activities, such as weed control and research, and to CDFA to carry out provisions of noxious weed management. Existing law requires that in order to be eligible to receive funds from the Noxious Weed Management Account county agricultural commissioners must develop and implement an aggressive control program for noxious weeds that includes several goals relating to the impact of weeds on crop and rangeland, maintenance and fire control costs, biodiversity, and recreational and aesthetic land values. Existing law requires CDFA to form an oversight committee to monitor noxious weed management. Committee membership includes representatives of agricultural and forest products industries, the California Exotic Pest Plant Council, research institutions, wildlife conservation and environmental groups, resource conservation districts, the general public, local government, and the Department of Fish and Wildlife. AB 2402 - Page 2 PROPOSED LAW : This bill: 1. Updates and findings and declarations regarding the impact of invasive and noxious weeds. Estimates that the annual lost crop and pasture productivity caused by noxious weeds is $25 billion nationwide, and the costs of controlling these weeds is estimated at $9.6 billion. 2. Finds that over 2,000 populations of high-priority weed infestations have been eradicated since 2000, where organizations have leveraged $3 of additional support for every $1 from the state. 3. Redistributes the percentages of funds within the Noxious Weed Management Account to be used for certain activities: a. Reduces from 80% to 60% the proportion of monies to be made available for the control and abatement of noxious and invasive weeds. Requires these funds to be distributed through a grant program administered by CDFA where proposals shall be evaluated based on strategic importance for the eradication of high-priority weeds. b. Increases from 10% to 20% the proportion of monies to be made available for research. c. Increases from 10% to 20% the proportion of monies to be made available to CDFA to carry out these provisions, develop noxious weed control strategies, seek new biological control agents, conduct private and public workshops, and appoint a noxious weed coordinator and mapping specialist to assist in weed inventory, mapping, and control strategies. 4. Adds "increase water supply and flow" to the list of goals required of a county agricultural commissioner's noxious weeds control program. 5. Makes technical changes. AB 2402 - Page 3 COMMENTS : Need for this bill: According to the author, "The Noxious Weed Management Account has effectively treated and/or eradicated thousands of acres of high priority weed infestations since 2000. Not maintaining this investment allows top-priority weed populations to spread and cause increased damage in the future. Invasive weeds decrease water supply, and controlling them should be part of the state's long term drought relief strategy." Action plan: In 2005, the California Noxious and Invasive Weed Action Plan was published through coordinating efforts by CDFA and the California Invasive Weed Awareness Coalition and with participation from stakeholders attending a 2003 California Noxious and Invasive Weed Summit. Shortly after the summit, the State Action Plan was developed to include 10 basic elements including prevention, exclusion, early detection, eradication, management, research, and funding, among others. Fund status: The Noxious Weed Management Account is currently inactive and historically only collected monies from the General Fund. Most supporters, if not all, were specifically in support of appropriating monies to this account and stated that these funds leveraged a 3:1 match from other sources. Opposition concerns: The one individual in opposition is concerned with the environmental impact of using herbicides and prescribed burns to destroy non-native plants on public lands and is further concerned that public monies would be used to support a seemingly endless battle to control non-native plants. RELATED LEGISLATION : AB 2479 (Cogdill), Chapter 323, Statutes of 2006. Increases from 5% to 10% the proportion of funds within the Noxious Weed Management Account that shall be made available to CDFA. SB 1740 (Leslie), Chapter 315, Statutes of 2000. Appropriates $5 million from the General Fund to the Noxious Weed Management Account and requires county agricultural commissioners to submit integrated weed management plans in order to receive funds. AB 2402 - Page 4 AB 1168 (Frusetta), Chapter 961, Statutes of 2000. Designates CDFA as the lead department in noxious weed management, creates the Noxious Weed Management Account within the Department of Food and Agriculture Fund, appropriates $1.5 million of General Fund monies over three years, and requires the establishment of an oversight committee. When signing this bill, the governor reduced funding levels to $200,000 per year, for a total of $600,000. PRIOR ACTIONS : Assembly Floor 78-0 Assembly Appropriations 16-0 Assembly Agriculture 7-0 AB 2402 - Page 5 SUPPORT : California Invasive Plant Council (Sponsor) Alameda County Farm Bureau American River Natural History Association Bay Area Open Space Council Botanical Dimensions Broom Education and Eradication Program Butte County Agricultural Department Butte County Mosquito and Vector Control District Butte County Weed Management Area Cache Creek Conservancy Calaveras Element of Central Sierra Partnership Against Weeds California Association of Harbor Masters and Port Captains California Association of Local Conservation Corps California Association of Resource Conservation Districts California Cattlemen's Association California Farm Bureau Federation California Forest Pest Council California Native Grassland Association California Native Plant Society California Native Plant Society, Bristlecone Chapter California Native Plant Society, Channel Islands Section California Native Plant Society, Kern Chapter California Native Plant Society, Los Angeles/Santa Monica Mountains Chapter California Native Plant Society, Marin Chapter California Native Plant Society, Mount Lassen Chapter California Native Plant Society, San Diego Chapter California Native Plant Society, Santa Clara Valley Chapter California Native Plant Society, Yerba Buena Chapter California Yacht Brokers Association Caltrans District 1 Campus Natural Reserve, University of California, Santa Cruz Carson Water Subconservancy District Center for Natural Lands Management Community Alliance with Family Farmers Conservation Biology Institute Contra Costa County Board of Supervisors Contra Costa Water District Council for Watershed Health Creekside Center for Earth Observation (Creekside Science) East Bay Municipal Utility District Endangered Habitats Conservancy Endangered Habitats League Forester's Co-Op Friends of Bidwell Park AB 2402 - Page 6 Friends of Edgewood Friends of Five Creeks Garcia and Associates Natural and Cultural Resource Consultants Golden Hour Restoration Institute Hedgerow Farms Humboldt County Department of Agriculture Kelly-Thompson Ranch Kern County Department of Agriculture and Measurement Standards Kern Weed Management Area Laguna de Santa Rosa Foundation Lake County Board of Supervisors Lake County Fire Chiefs' Association Lake County Fire Safe Council Lake County Land Trust Lower Sherman Island Duck Hunters Association Madera County Department of Agriculture Marin Agricultural Land Trust Marin County Department of Agriculture Marina Recreation Association Mariposa County Department of Agriculture Mariposa County Farm Bureau Mattole Restoration Council McKinleyville Land Trust Mendocino County Department of Agriculture Mid Klamath Watershed Council Mill Valley StreamKeepers Mojave Weed Management Area Morro Bay National Estuary Program Mountains Restoration Trust Napa County Flood Control and Water Conservation District National Marine Manufacturers Association Natures Image, Inc. Open Space Authority Pacific Coast Seed, Inc. Pepperwood Foundation Placer County Postdoctoral Scholars Association, University of California, Davis Quail Ridge Wilderness Conservancy Redwood National Park Resource Conservation District, Butte County Resource Conservation District, Contra Costa Resource Conservation District, Fall River Resource Conservation District, Gold Ridge Resource Conservation District, Marin Resource Conservation District, Mojave Desert Resource Conservation District, Monterey County AB 2402 - Page 7 Resource Conservation District, Nevada County Resource Conservation District, San Mateo County Resource Conservation District, Santa Cruz County Resource Conservation District, Tehachapi Resource Conservation District, Tulare County Resource Conservation District, Yolo County Resource Conservation Partners Rocky Mountain Elk Foundation San Diego Habitat Conservancy San Dieguito River Park Joint Powers Authority San Elijo Lagoon Conservancy San Luis Obispo County Board of Supervisors San Luis Obispo County Department of Agriculture Santa Barbara Botanic Garden Santa Clara County Santa Clara Valley Audubon Society Save Mount Diablo Sequoia Audubon Society Sierra Club California Sierra Watch Siskiyou County Department of Agriculture Site Stewardship Program, University of California, Santa Cruz Small Wilderness Area Preservation Solano County Weed Management Area Solano Land Trust Sonoma Ecology Center Sonoma Land Trust Sustainable Conservation The Garber Park Stewards Tiessen & Waegell Ranch Truckee River Watershed Council Tulare County Farm Bureau Tuolumne County Land Trust Vieira Ranches Walnut Creek Open Space Foundation Weed Research and Information Center, University of California Western Boaters Safety Group Yolo County Flood Control and Water Conservation District 13 Individuals OPPOSITION : 1 Individual AB 2402 - Page 8