| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2053Introduced by Assembly Member Quirk(Coauthor: Assembly Member Aguiar-Curry)(Coauthors: Senators Dodd and Hill)February 06, 2018 An act to add Chapter 11 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal resources. An act to add Section 13182 to the Water Code, relating to water quality.LEGISLATIVE COUNSEL'S DIGESTAB 2053, as amended, Quirk. Harmful Algal Bloom Task Force. Freshwater and Estuarine Harmful Algal Bloom Program.Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales. Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state.This bill would require the State Water Resources Control Board, until January 1, 2022, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, and other agencies as determined by the board, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2021. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs recommended by the task force aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Cyanobacteria are small microbes that live in nearly every habitat on land and in the water. They have existed for millions of years as essential components of freshwater ecosystems and form the foundation of most aquatic food chains. However, when environmental conditions favor cyanobacteria growth, they can multiply very rapidly, creating nuisance blooms. When these nuisance blooms are dominated by toxin-producing cyanobacteria, they are referred to as harmful algal blooms. In recent years, harmful algal blooms are increasing in incidence, duration, and toxicity statewide and, as a result, health impacts on humans, domestic animals, dogs and livestock in particular, and wildlife are increasing in prevalence.(b) Increased prevalence of harmful algal blooms has been attributed to various anthropogenic factors, the most significant of which include degradation of watersheds, nutrient loading, hydrologic alteration, and impacts from climate change. Toxins from harmful algal blooms, both benthic and planktonic, can accumulate in recreational and drinking bodies of water and can be transported hundreds of miles from freshwater to estuarine and marine environments where they accumulate in marine shellfish.SEC. 2. Section 13182 is added to the Water Code, to read:13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following:(a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms.(b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales.(c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management.(d) Conduct applied research and develop tools for decision-support.(e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. SECTION 1.Chapter 11 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read:11.Harmful Algal Bloom Task Force31420.For purposes of this chapter, the following terms have the following meanings:(a)Board means the State Water Resources Control Board.(b)Task force means the Harmful Algal Bloom Task Force created pursuant to Section 31422.(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.31422.(a)The board shall establish and coordinate the Harmful Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, and the conservancy, and other relevant agency representatives to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.31423.The functions and duties of the task force include all of the following:(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. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality.(b)Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following:(1)Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state.(2)Establish harmful algal bloom monitoring programs or develop laboratory capacity for analyzing water samples for harmful algal bloom pollution.(c)Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address harmful algal blooms.(d)Review the risks and negative impacts of harmful algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations, 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, 2021. The recommendations shall provide guidance on what type of programs or state resources will be required to prevent harmful toxic algal blooms and microcystin pollution in the waters of the state over time.(e)Organize meetings and workshops of experts and stakeholders as needed to implement this section.(f)Before providing funding recommendations pursuant to subdivision (c) or submitting a summary of findings pursuant to subdivision (d), the task force shall 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 pursuant to subdivision (b).(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.31424.The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code, Section 18754.1 of the Revenue and Taxation Code, or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2053Introduced by Assembly Member Quirk(Coauthor: Assembly Member Aguiar-Curry)(Coauthors: Senators Dodd and Hill)February 06, 2018 An act to add Chapter 11 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal resources. An act to add Section 13182 to the Water Code, relating to water quality.LEGISLATIVE COUNSEL'S DIGESTAB 2053, as amended, Quirk. Harmful Algal Bloom Task Force. Freshwater and Estuarine Harmful Algal Bloom Program.Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales. Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state.This bill would require the State Water Resources Control Board, until January 1, 2022, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, and other agencies as determined by the board, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2021. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs recommended by the task force aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 15, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 18, 2018 | |
| 8 | 7 | Amended IN Assembly March 15, 2018 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 2053 | |
| 13 | 12 | ||
| 14 | - | Introduced by Assembly Member Quirk( | |
| 13 | + | Introduced by Assembly Member Quirk(Coauthor: Assembly Member Aguiar-Curry)(Coauthors: Senators Dodd and Hill)February 06, 2018 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member Quirk( | |
| 15 | + | Introduced by Assembly Member Quirk(Coauthor: Assembly Member Aguiar-Curry)(Coauthors: Senators Dodd and Hill) | |
| 17 | 16 | February 06, 2018 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 13182 to the Water Code, relating to water quality. | |
| 18 | + | An act to add Chapter 11 (commencing with Section 31420) to Division 21 of, and to repeal Sections 31422 and 31423 of, the Public Resources Code, relating to coastal resources. An act to add Section 13182 to the Water Code, relating to water quality. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 2053, as amended, Quirk. Freshwater and Estuarine Harmful Algal Bloom Program. | |
| 24 | + | AB 2053, as amended, Quirk. Harmful Algal Bloom Task Force. Freshwater and Estuarine Harmful Algal Bloom Program. | |
| 26 | 25 | ||
| 27 | - | Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales. | |
| 26 | + | Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales. Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state.This bill would require the State Water Resources Control Board, until January 1, 2022, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, and other agencies as determined by the board, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2021. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs recommended by the task force aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. | |
| 28 | 27 | ||
| 29 | 28 | Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. | |
| 30 | 29 | ||
| 31 | 30 | This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales. | |
| 32 | 31 | ||
| 32 | + | Existing law establishes the State Coastal Conservancy and prescribes the membership and functions and duties of the conservancy with respect to preservation of coastal resources in the state. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | This bill would require the State Water Resources Control Board, until January 1, 2022, to establish and coordinate the Harmful Algal Bloom Task Force, comprised of specified representatives of state agencies, including the conservancy, and other agencies as determined by the board, in consultation with the Secretary for Environmental Protection, and would prescribe the functions and duties of the task force. The bill would require the task force to review the risks and negative impacts of harmful algal blooms and microcystin pollution and to submit a summary of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature, the Secretary of the Natural Resources Agency, and the secretary on or before January 1, 2021. The act would require the task force, before providing funding recommendations or submitting a summary of findings, to notify the public about ongoing activities and provide opportunities for public review and comment on applied research, projects, and programs. The act would authorize the conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the State Water Resources Control Board to enter into contracts and provide grants, upon appropriation, from specified bond funds available under the Water Quality, Supply, and Infrastructure Improvement Act of 2014, the California Sea Otter Fund, or from other appropriate funds for applied research, projects, and programs recommended by the task force aimed at preventing or sustainably mitigating harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 33 | 40 | ## Digest Key | |
| 34 | 41 | ||
| 35 | 42 | ## Bill Text | |
| 36 | 43 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Cyanobacteria are small microbes that live in nearly every habitat on land and in the water. They have existed for millions of years as essential components of freshwater ecosystems and form the foundation of most aquatic food chains. However, when environmental conditions favor cyanobacteria growth, they can multiply very rapidly, creating nuisance blooms. When these nuisance blooms are dominated by toxin-producing cyanobacteria, they are referred to as harmful algal blooms. In recent years, harmful algal blooms are increasing in incidence, duration, and toxicity statewide and, as a result, health impacts on humans, domestic animals, dogs and livestock in particular, and wildlife are increasing in prevalence.(b) Increased prevalence of harmful algal blooms has been attributed to various anthropogenic factors, the most significant of which include degradation of watersheds, nutrient loading, hydrologic alteration, and impacts from climate change. Toxins from harmful algal blooms, both benthic and planktonic, can accumulate in recreational and drinking bodies of water and can be transported hundreds of miles from freshwater to estuarine and marine environments where they accumulate in marine shellfish.SEC. 2. Section 13182 is added to the Water Code, to read:13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Cyanobacteria are small microbes that live in nearly every habitat on land and in the water. They have existed for millions of years as essential components of freshwater ecosystems and form the foundation of most aquatic food chains. However, when environmental conditions favor cyanobacteria growth, they can multiply very rapidly, creating nuisance blooms. When these nuisance blooms are dominated by toxin-producing cyanobacteria, they are referred to as harmful algal blooms. In recent years, harmful algal blooms are increasing in incidence, duration, and toxicity statewide and, as a result, health impacts on humans, domestic animals, dogs and livestock in particular, and wildlife are increasing in prevalence.(b) Increased prevalence of harmful algal blooms has been attributed to various anthropogenic factors, the most significant of which include degradation of watersheds, nutrient loading, hydrologic alteration, and impacts from climate change. Toxins from harmful algal blooms, both benthic and planktonic, can accumulate in recreational and drinking bodies of water and can be transported hundreds of miles from freshwater to estuarine and marine environments where they accumulate in marine shellfish.SEC. 2. Section 13182 is added to the Water Code, to read:13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following:(a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms.(b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales.(c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management.(d) Conduct applied research and develop tools for decision-support.(e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. SECTION 1.Chapter 11 (commencing with Section 31420) is added to Division 21 of the Public Resources Code, to read:11.Harmful Algal Bloom Task Force31420.For purposes of this chapter, the following terms have the following meanings:(a)Board means the State Water Resources Control Board.(b)Task force means the Harmful Algal Bloom Task Force created pursuant to Section 31422.(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.31422.(a)The board shall establish and coordinate the Harmful Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, and the conservancy, and other relevant agency representatives to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter.(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.31423.The functions and duties of the task force include all of the following:(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. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality.(b)Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following:(1)Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state.(2)Establish harmful algal bloom monitoring programs or develop laboratory capacity for analyzing water samples for harmful algal bloom pollution.(c)Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address harmful algal blooms.(d)Review the risks and negative impacts of harmful algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations, 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, 2021. The recommendations shall provide guidance on what type of programs or state resources will be required to prevent harmful toxic algal blooms and microcystin pollution in the waters of the state over time.(e)Organize meetings and workshops of experts and stakeholders as needed to implement this section.(f)Before providing funding recommendations pursuant to subdivision (c) or submitting a summary of findings pursuant to subdivision (d), the task force shall 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 pursuant to subdivision (b).(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.31424.The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code, Section 18754.1 of the Revenue and Taxation Code, or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423. | |
| 38 | 45 | ||
| 39 | 46 | The people of the State of California do enact as follows: | |
| 40 | 47 | ||
| 41 | 48 | ## The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | SECTION 1. The Legislature finds and declares both of the following:(a) Cyanobacteria are small microbes that live in nearly every habitat on land and in the water. They have existed for millions of years as essential components of freshwater ecosystems and form the foundation of most aquatic food chains. However, when environmental conditions favor cyanobacteria growth, they can multiply very rapidly, creating nuisance blooms. When these nuisance blooms are dominated by toxin-producing cyanobacteria, they are referred to as harmful algal blooms. In recent years, harmful algal blooms are increasing in incidence, duration, and toxicity statewide and, as a result, health impacts on humans, domestic animals, dogs and livestock in particular, and wildlife are increasing in prevalence.(b) Increased prevalence of harmful algal blooms has been attributed to various anthropogenic factors, the most significant of which include degradation of watersheds, nutrient loading, hydrologic alteration, and impacts from climate change. Toxins from harmful algal blooms, both benthic and planktonic, can accumulate in recreational and drinking bodies of water and can be transported hundreds of miles from freshwater to estuarine and marine environments where they accumulate in marine shellfish. | |
| 44 | 51 | ||
| 45 | 52 | SECTION 1. The Legislature finds and declares both of the following:(a) Cyanobacteria are small microbes that live in nearly every habitat on land and in the water. They have existed for millions of years as essential components of freshwater ecosystems and form the foundation of most aquatic food chains. However, when environmental conditions favor cyanobacteria growth, they can multiply very rapidly, creating nuisance blooms. When these nuisance blooms are dominated by toxin-producing cyanobacteria, they are referred to as harmful algal blooms. In recent years, harmful algal blooms are increasing in incidence, duration, and toxicity statewide and, as a result, health impacts on humans, domestic animals, dogs and livestock in particular, and wildlife are increasing in prevalence.(b) Increased prevalence of harmful algal blooms has been attributed to various anthropogenic factors, the most significant of which include degradation of watersheds, nutrient loading, hydrologic alteration, and impacts from climate change. Toxins from harmful algal blooms, both benthic and planktonic, can accumulate in recreational and drinking bodies of water and can be transported hundreds of miles from freshwater to estuarine and marine environments where they accumulate in marine shellfish. | |
| 46 | 53 | ||
| 47 | 54 | SECTION 1. The Legislature finds and declares both of the following: | |
| 48 | 55 | ||
| 49 | 56 | ### SECTION 1. | |
| 50 | 57 | ||
| 51 | 58 | (a) Cyanobacteria are small microbes that live in nearly every habitat on land and in the water. They have existed for millions of years as essential components of freshwater ecosystems and form the foundation of most aquatic food chains. However, when environmental conditions favor cyanobacteria growth, they can multiply very rapidly, creating nuisance blooms. When these nuisance blooms are dominated by toxin-producing cyanobacteria, they are referred to as harmful algal blooms. In recent years, harmful algal blooms are increasing in incidence, duration, and toxicity statewide and, as a result, health impacts on humans, domestic animals, dogs and livestock in particular, and wildlife are increasing in prevalence. | |
| 52 | 59 | ||
| 53 | 60 | (b) Increased prevalence of harmful algal blooms has been attributed to various anthropogenic factors, the most significant of which include degradation of watersheds, nutrient loading, hydrologic alteration, and impacts from climate change. Toxins from harmful algal blooms, both benthic and planktonic, can accumulate in recreational and drinking bodies of water and can be transported hundreds of miles from freshwater to estuarine and marine environments where they accumulate in marine shellfish. | |
| 54 | 61 | ||
| 55 | - | SEC. 2. Section 13182 is added to the Water Code, to read:13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria | |
| 62 | + | SEC. 2. Section 13182 is added to the Water Code, to read:13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following:(a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms.(b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales.(c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management.(d) Conduct applied research and develop tools for decision-support.(e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. | |
| 56 | 63 | ||
| 57 | 64 | SEC. 2. Section 13182 is added to the Water Code, to read: | |
| 58 | 65 | ||
| 59 | 66 | ### SEC. 2. | |
| 60 | 67 | ||
| 61 | - | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria | |
| 68 | + | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following:(a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms.(b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales.(c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management.(d) Conduct applied research and develop tools for decision-support.(e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. | |
| 62 | 69 | ||
| 63 | - | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria | |
| 70 | + | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following:(a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms.(b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales.(c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management.(d) Conduct applied research and develop tools for decision-support.(e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. | |
| 64 | 71 | ||
| 65 | - | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria | |
| 72 | + | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following:(a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms.(b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales.(c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management.(d) Conduct applied research and develop tools for decision-support.(e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. | |
| 66 | 73 | ||
| 67 | 74 | ||
| 68 | 75 | ||
| 69 | - | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria | |
| 76 | + | 13182. To protect water quality and public health from harmful algal blooms formed by cyanobacteria, the state board shall establish a Freshwater and Estuarine Harmful Algal Bloom Program and, in consultation with the Office of Environmental Health Hazard Assessment, State Department of Public Health, Department of Water Resources, Department of Fish and Wildlife, Department of Parks and Recreation, other appropriate state and federal agencies, and California Native American tribes, as defined in Section 21073 of the Public Resources Code, shall do all of the following: | |
| 70 | 77 | ||
| 71 | 78 | (a) Coordinate immediate and long-term event incident response, including notification to state and local decisionmakers and the public regarding where harmful algal blooms are occurring, waters at risk of developing harmful algal blooms, and threats posed by harmful algal blooms. | |
| 72 | 79 | ||
| 73 | 80 | (b) Conduct and support field assessment and ambient monitoring to evaluate harmful algal bloom extent, status, and trends at the state, regional, watershed, and site-specific waterbody scales. | |
| 74 | 81 | ||
| 75 | 82 | (c) Determine the regions, watersheds, or waterbodies experiencing or at risk of experiencing harmful algal blooms to prioritize those regions, watersheds, or waterbodies for assessment, monitoring, remediation, and risk management. | |
| 76 | 83 | ||
| 77 | 84 | (d) Conduct applied research and develop tools for decision-support. | |
| 78 | 85 | ||
| 79 | 86 | (e) Provide outreach and education, and maintain a centralized Internet Web site for information and data related to harmful algal blooms. | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 94 | + | For purposes of this chapter, the following terms have the following meanings: | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (a)Board means the State Water Resources Control Board. | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | (b)Task force means the Harmful Algal Bloom Task Force created pursuant to Section 31422. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | (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. | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | ||
| 111 | + | ||
| 112 | + | (a)The board shall establish and coordinate the Harmful Algal Bloom Task Force, comprised of a representative of each of the State Department of Public Health, the Department of Fish and Wildlife, the Department of Food and Agriculture, and the conservancy, and other relevant agency representatives to be determined by the chairperson of the board, in consultation with the Secretary for Environmental Protection. The board may augment an existing task force or network to accomplish the requirements of this chapter. | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | (b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | The functions and duties of the task force include all of the following: | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (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. The assessment shall consider the linked impacts of toxic algal blooms and cyanotoxins on human and animal health, as well as in the context of ecosystem health and water quality. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (b)Solicit and review proposals from universities, local governments, California Native American tribes, and nonprofit organizations for applied research, projects, and programs that accomplish both of the following: | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (1)Contribute to development of strategies or implementation of activities that prevent or sustainably mitigate harmful algal blooms, including cyanotoxins and microcystin pollution in the waters of the state. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (2)Establish harmful algal bloom monitoring programs or develop laboratory capacity for analyzing water samples for harmful algal bloom pollution. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (c)Provide funding recommendations to the chairperson of the board and to the Department of Fish and Wildlife, the Wildlife Conservation Board, the conservancy, other members of the task force, and other relevant agency representatives for those proposals for applied research, projects, and programs, described in subdivision (b), that the task force determines will contribute to the development of prevention strategies and sustainable mitigation actions to address harmful algal blooms. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (d)Review the risks and negative impacts of harmful algal blooms and microcystin pollution on humans, wildlife, fisheries, livestock, pets, and aquatic ecosystems, and develop recommendations for prevention and long-term mitigation. The task force shall submit a summary of its findings based on the review, including its recommendations, 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, 2021. The recommendations shall provide guidance on what type of programs or state resources will be required to prevent harmful toxic algal blooms and microcystin pollution in the waters of the state over time. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (e)Organize meetings and workshops of experts and stakeholders as needed to implement this section. | |
| 151 | + | ||
| 152 | + | ||
| 153 | + | ||
| 154 | + | (f)Before providing funding recommendations pursuant to subdivision (c) or submitting a summary of findings pursuant to subdivision (d), the task force shall 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 pursuant to subdivision (b). | |
| 155 | + | ||
| 156 | + | ||
| 157 | + | ||
| 158 | + | (g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. | |
| 159 | + | ||
| 160 | + | ||
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | The conservancy, the Department of Fish and Wildlife, the Wildlife Conservation Board, and the board, or any of them, may enter into contracts and provide grants, upon appropriation, from funds available pursuant to Section 79730 of the Water Code, Section 18754.1 of the Revenue and Taxation Code, or from other appropriate funds accessible by any of these departments and agencies for applied research, projects, and programs recommended by the task force pursuant to subdivision (c) of Section 31423. |