BILL NUMBER: AB 300	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo
   (Coauthor: Assembly Member Mark Stone)
   (Coauthor: Senator Monning)

                        FEBRUARY 12, 2015

   An act to add Chapter 10 (commencing with Section 31420) to
Division 21 of the Public Resources Code, relating to coastal
wildlife protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 300, as introduced, Alejo. Safe Water and Wildlife Protection
Act of 2015.
   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 enact the Safe Water and Wildlife Protection Act
of 2015, which would require the conservancy to establish and
coordinate the Algal Bloom Task Force, in consultation with the
Secretary of the Natural Resources Agency, and would prescribe the
composition and functions and duties of the task force. The bill
would require the task force to review the risks and negative impacts
of toxic blooms and microcystin pollution and to submit a summary of
its findings and recommendations to the secretary by January 1,
2017. 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
from specified bond funds available under the Water Quality, Supply,
and Infrastructure Improvement Act of 2014 for applied research,
projects, and programs, recommended by the task force, aimed at
preventing or sustainably mitigating toxic blooms of cyanotoxins and
microcystin pollution in the waters of the state.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Toxic blooms of cyanobacteria in the waters of the state,
including, but not limited to, coastal lakes, estuaries, rivers and
streams, wetlands, and inland lakes and reservoirs, represent a
threat to human health, endangered wildlife, and recreational
activities.
   (b) Cyanobacteria are widespread bacteria that are capable of
forming toxic blooms and super-blooms in the waters of the state.
   (c) Degradation of watersheds, nutrient loading, increased water
diversions, and climate change have been linked to the global
expansion of cyanobacterial blooms, with high toxin production noted
regularly in lakes, rivers, and other waters of the state.
   (d) The state's waters are especially prone to toxic
cyanobacterial blooms due to our warm climate, numerous water
diversions, and stressed waterways.
   (e) Cyanobacteria produce toxic microcystins and other toxins. Due
to their high toxicity, microcystins are a regulated pollutant under
federal law. Other cyanobacterial toxins, such as antitoxin-a, are
also present in California's waters, but, at present, little is known
about these toxins.
   (f) Microcystin and other cyanotoxins are poisonous to humans,
pets, livestock, birds, and other wildlife via ingestion, inhalation,
or skin exposure. A single dose of microcystin can cause prolonged
toxicity by cycling repeatedly between the liver and intestines.
   (g) Blooms of microcystins and other toxic cyanobacteria are
occurring in waters throughout California, and are threatening our
water supply and health. Areas with recurrent and worsening
microcystin pollution include the Klamath and Sacramento Rivers, the
Sacramento and San Joaquin Rivers (from the Sacramento Delta to San
Francisco Bay), and Clear Lake. Pinto Lake, Copco Lake, Iron Gate
Reservoir, and three segments of the Klamath River have been listed
as impaired due to cyanobacteria. Bird deaths attributed to
microcystins have also been reported from the Salton Sea.
   (h) The Pinto Lake watershed is being evaluated for total maximum
daily load (TMDL) regulation for microcystin, and is recognized as a
state and national cyanobacteria "hotspot," and was considered for
remediation as an Environmental Protection Agency "superfund" site.
   (i) California's southern sea otters, a state and federally listed
threatened species, have died from microcystin poisoning. The source
of sea otter exposure appears to be microcystin-contaminated
freshwater runoff or mussels, or both, or clams or crabs that
concentrate microcystin after being exposed to contaminated
freshwater runoff.
   (j) Sea otters and humans eat some of the same marine foods that
can concentrate microcystin in body tissues; hence, food safety is a
concern for public health. Freshwater and marine fish and shellfish
have not been routinely tested for cyanotoxins in California and
limited diagnostic testing is available.
   (k) A "One Health" approach, that considers human, animal, and
environmental health, is appropriate to assess impacts and develop
comprehensive strategies to prevent microcystin pollution in the
waters of the state. This represents a multidisciplinary approach
that considers linkages between human, animal, and environmental
health.
   (l) The state needs a coordinated multiagency effort to develop
actions and projects that will prevent or mitigate toxic blooms and
associated toxin pollution.
  SEC. 2.  Chapter 10 (commencing with Section 31420) is added to
Division 21 of the Public Resources Code, to read:
      CHAPTER 10.  SAFE WATER AND WILDLIFE PROTECTION ACT OF 2015


   31420.  This chapter shall be known, and may be cited, as the Safe
Water and Wildlife Protection Act of 2015.
   31421.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "One-health approach" means a method of assessment that
considers the linked impacts of toxic algal blooms on humans,
animals, the ecosystem, and water quality.
   (b) "Task Force" means the Algal Bloom Task Force created pursuant
to Section 31422.
   (c) "Waters of the state" means any surface water in the state
including, but not limited to, coastal lakes, lagoons and estuaries,
rivers, streams, inland lakes and reservoirs, and wetlands.
   31422.  The conservancy shall establish and coordinate the Algal
Bloom Task Force, comprised of a representative of each of the State
Department of Public Health, the Department of Fish and Wildlife, the
State Water Resources Control Board, and other relevant agency
representatives, to be determined by the executive officer of the
conservancy in consultation with the Secretary of the Natural
Resources Agency.
   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 apply a
one-health approach that considers 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, and nonprofit organizations for applied research,
projects, and programs that contribute to development of strategies
or implementation of activities that prevent or sustainably mitigate
toxic blooms of cyanotoxins and microcystin pollution in the waters
of the state.
   (c) Provide funding recommendations to the executive officer of
the conservancy and to the Department of Fish and Wildlife, the
Wildlife Conservation Board, and the State Water Resources Control
Board 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 toxic blooms
of cyanotoxins and microcystin pollution in waters of the state.
   (d) Review the risks and negative impacts of toxic algae blooms
and microcystin pollution on humans, wildlife, fisheries, 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 Secretary
of the Natural Resources Agency on or before January 1, 2017. The
recommendations shall provide guidance on what type of programs or
state resources will be required to prevent damaging 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.
   31424.  The conservancy, the Department of Fish and Wildlife, the
Wildlife Conservation Board, and the State Water Resources Control
Board, or any of them, may enter into contracts and provide grants
from funds available pursuant to Section 79730 of the Water Code for
applied research, projects, and programs recommended by the task
force pursuant to subdivision (c) of Section 31423.