BILL ANALYSIS Ó AB 300 Page 1 Date of Hearing: March 23, 2015 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 300 (Alejo) - As Amended March 5, 2015 SUBJECT: Safe Water and Wildlife Protection Act of 2015 SUMMARY: Establishes an Algal Bloom Task Force to review the risks and negative impacts of toxic algal blooms and make recommendations on funding, prevention, and long-term mitigation. EXISTING LAW: 1)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. 2)Creates an option to make a voluntary contribution on a tax return to the Sea Otter Fund, which provides funding to the Department of Fish and Wildlife (DFW) and SCC for actions and research reducing sea otter mortality. 3)Under the Porter-Cologne Water Quality Control Act (Act), establishes the State Water Resources Control Board (SWRCB) AB 300 Page 2 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." 4)The Act includes requirements for preparation of guidelines to be used by the SWRCB and RWQCBs for the purpose of listing and delisting waters as impaired and developing and implementing the total maximum daily load (TMDL) program, pursuant to the federal Clean Water Act. Implementing a TMDL for an impaired water body involves applying the pollution control practices necessary to reduce the pollutant loads to the extent determined necessary in the TMDL. THIS BILL: 1)Requires the SCC to establish and coordinate the Algal Bloom Task Force comprised of a representative of the following: a) State Department of Public Health (DPH); b) DFW; c) SWRCB; d) Other relevant agency representatives. 2)Requires the Task Force to: a) Assess and prioritize the actions and research necessary to develop measures that prevent or mitigate toxic algal blooms in the waters of the state; b) Apply the "one health" approach that considers linked impacts of toxic algal blooms; c) Provide funding recommendations from proposals submitted by universities, local governments and nonprofits organizations for applied research, projects, and programs that will contribute to the development of prevention strategies and sustainable mitigation actions to address toxic blooms of cyanotoxins and microcystin pollution in the waters of the state; d) Review the risks and negative impacts of toxic algal blooms on humans, wildlife, fisheries and aquatic ecosystems and develop recommendations for prevention and AB 300 Page 3 long-term mitigation; e) Develop and submit recommendations by January 1, 2017 to the Secretary of the Natural Resources Agency that provide guidance on what type of programs or state resources will be required to prevent damaging toxic algal blooms in the waters of the state over time. 4.) Authorizes SCC, DFW, Wildlife Conservation Board (WCB), and SWRCB, or any of them, to provide grants for applied research, projects, and programs recommended by the Task Force from $1.495 billion available, upon appropriation by the Legislature, pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) for multibenefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities. FISCAL EFFECT: Unknown COMMENTS: 1 Harmful Algal Blooms. Blue-green algae, or cyanobacteria, are a form of bacteria. These algae are thought to be among the first life forms on Earth. The majority of freshwater harmful algal blooms (HABs) reported in the United States and worldwide are due to one group of algae, cyanobacteria. HABs have been detected in many water bodies throughout the state. Elevated nutrients in water bodies can contribute to HABs. Significant sources of nutrient loads include urban runoff, wastewater treatment plants, fertilizer/manure applications, livestock, septic systems, natural background and atmospheric deposition, and groundwater inflow into streams and lakes. DPH and various county health departments have documented cases of dog fatalities throughout the state from HABs. In addition, HABs have been implicated in the deaths of southern sea otters in central California. Humans have also experienced illness from exposure. AB 300 Page 4 2 TMDLs. Both Pinto Lake in Watsonville and the Klamath River have been put on the Clean Water Act 303(d) list for impairment by HABs. A TMDL is being developed for Pinto Lake watershed. In 2010, a TMDL was adopted by the North Coast Regional Water Quality Control Board for the Klamath River to address temperature, dissolved oxygen, nutrients, and HABs. Adopting and implementing these TMDLs will provide control measures to address HABs. 3 CyanoHAB Network (CCHAB). CCHAB, formally known as the statewide Blue Green Algae Public Working Group, has a diverse membership that include the SWRCB, RWQCBs the Office of Environmental Health Hazard Assessment, DFW, DPH, and the Department of Water Resources. It also includes federal agencies, tribal governments, county agencies, cities, academics, researchers, and utilities. CCHAB has conducted investigations, supported research, and funded planning and pilot projects to address HABs. Rather than creating a new task force the author and the committee may wish to consider amending AB 300 to require the SWRCB's CCHAB accomplish the goals of AB 300. 4 One-health approach. The One Health approach, developed by the One Health Institute at University of California at Davis, recognizes the interconnectedness of human, animal, and ecosystem health and encourages collaboration between diverse disciplines to address complex health problems. AB 300 requires the Task Force to apply a one-health approach, yet it is unclear why that should be the exclusive approach and why the Task Force should not consider other approaches. The author and the committee may wish to consider amending the bill to remove all references to the one-health approach while still requiring the consideration of linked impacts of toxic algal blooms and cyanotoxins on human and animal health. AB 300 Page 5 5 Proposition 1. AB 300 authorizes SCC, DFW, WCB, and SWRCB to enter into contracts and provide grants from the $1.495 billion made available for "competitive grants for multibenefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities" by Proposition 1. This pot of funding is further broken down in chapter 6 of Proposition 1 to fund conservancies and many other priorities and obligations. All of these funds are subject to appropriation by the Legislature. It is unclear if this funding source is appropriate for the applied research, projects and programs the Task Force recommends. In the past, work on HABs has been funded through the SWRCB's Cleanup and Abatement Fund, the Sea Otter Fund and the Ocean Protection Trust Fund. These funds may be more appropriate. In addition, it is unclear if the groups identified should all have authorization to provide grants to implement the Task Force's recommendations. If this bill passes out of this committee the author may wish to further refine these fiscal provisions prior to the bill's hearing in Assembly Appropriations. REGISTERED SUPPORT / OPPOSITION: Support City of Watsonville Defenders of Wildlife AB 300 Page 6 Save Our Shores Opposition None on file Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092