Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including the Secretary of the Natural Resources Agency, or his or her designee. The bill would require the committee to meet quarterly for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided. The bill would authorize the committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including the Secretary of the Natural Resources Agency, or his or her designee. The bill would require the committee to meet quarterly for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided. The bill would authorize the committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including the Secretary of the Natural Resources Agency, or his or her designee. The bill would require the committee to meet quarterly for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided. The bill would authorize the committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including the Secretary of the Natural Resources Agency, or his or her designee. The bill would require the committee to meet quarterly to discuss, review research, plan, and provide oversight, for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided. The bill would authorize the committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including the Secretary of the Natural Resources Agency, or his or her designee. The bill would require the committee to meet quarterly to discuss, review research, plan, and provide oversight, regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided. The bill would authorize the committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including a person appointed by the Governor from the Secretary of the Natural Resources Agency, or his or her designee. The bill would require the committee to meet quarterly to discuss, review research, plan, and provide oversight, regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided. The bill would authorize the committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including a person appointed by the Governor from the Natural Resources Agency. The bill would require the committee to meet quarterly to discuss, research, plan, and provide oversight, regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided.

Existing law establishes in state government the Ventura-Los Angeles Mountain and Coastal Study Commission. Existing law requires the commission to make a detailed study of all factors that may significantly affect or cause irreversible modification of the present and future status of the Ventura-Los Angeles Mountain and Coastal Zone and its relationship with the region, as provided.

This bill would establish in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake. The bill would require the committee to consist of specified persons, including a person appointed by the Governor from the Natural Resources Agency. The bill would require the committee to meet quarterly to discuss, research, plan, and provide oversight, regarding the health of Clear Lake. The bill would require the committee to hold 2 meetings per year in the County of Lake. The bill would require the committee to provide an annual report to the Governor and the Legislature, as provided.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 707

Author:(Aguiar-Curry)

As Amended Ver:July 3, 2017

Majority vote

Original Committee Reference: NAT. RES.

SUMMARY: Establishes, in the Natural Resources Agency (NRA), the Blue Ribbon Committee (Committee) for the Rehabilitation of Clear Lake. Specifically, this bill:

1. Makes various findings about Lake County and Clear Lake;
2. Declares it is the intent of the Legislature to enact legislation that would establish the Committee for the Rehabilitation of Clear Lake.
3. Specifies that the Committee will spearhead activates aimed at cleaning up the lake for environmental gains that will revitalize its regional significance so that it may once again be used for recreational purposes, thus creating jobs and inciting new economic development.
4. Establishes in the NRA, the Blue Ribbon Committee for the Rehabilitation of Clear Lake.
5. Requires the Committee to consist of at least nine members and requires a representative of each of the following:
   1. The University of California, Davis, to be appointed by the Chancellor from the University;
   2. One member of Board of Supervisors of County of Lake;
   3. Representatives from the tribes in the communities impacted by Clear Lake;
   4. Secretary of the NRA of his or her designee;
   5. A representative from the Central Valley Regional Water Quality Control Board, to be appointed by that Board;
   6. Experts from local economic development, agriculture, and the environment; and,
   7. A public water supplier that draws its drinking water supply from Clear Lake.
6. Specifies that the Secretary of NRA or his or her designee serves as chairperson of the committee.
7. Requires the Committee to meet quarterly for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake.
8. Requires research conducted for the committee to go through a scientific and applied science process. Requires two meetings per year to be held in the County of Lake.
9. Requires the Committee, starting January 1, 2019, to provide an annual report on its activities to the Governor and the appropriate policy committees of the Legislature relating to natural resources and local government.
10. Requires the first annual report to identify barriers to improved water quality in Clear Lake, the contributing factors causing the poor water quality, and the threats to wildlife.

The Senate amendments added a representative from a public water supplier that draws its drinking water supply from Clear Lake to the Committee. Made other technical and clarifying changes to the bill.

EXISTING LAW:

1. Establishes the NRA whose mission is to restore, protect, and manage the state's natural, historical, and cultural resources for current and future generations using creative approaches and solutions based on science, collaboration, and respect for all the communities and interests involved.
2. Provides that the NRA consists of the Coastal Commission, Central Valley Flood Protection Board, Colorado River Board, State Energy Resources Conservation and Development Commission, State Lands Commission, San Francisco Bay Conservation and Development Commission, Wildlife Conservation Board, ten conservancies, and the following departments: California Conservation Corps; Conservation; Fish and Wildlife; Forestry and Fire Protection; Parks and Recreation; and Water Resources.
3. Under the Porter-Cologne Water Quality Control Act (Act), establishes the State Water Resources Control Board (SWRCB) 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.

FISCAL EFFECT: According to the Senate Appropriations Committee, ongoing annual costs of $250,000 and additional unknown contract costs for the Agency (General Fund) to ensure the Committee meets quarterly, plans, researches, provides oversight and reports to the Legislature.

COMMENTS: Clear Lake is the oldest lake in California. Its 68 square miles of surface area makes it the largest natural lake entirely within the borders of California. Clear Lake's average depth is 27 feet. Its maximum depth is 60 feet. It has approximately 100 miles of shoreline and covers approximately 5% of the county's land area. Most of the communities within the county are along or near the shore of the lake. Clear Lake is used for various recreational activities, including fishing, boating, and swimming. Clear Lake is home to two state parks and several local parks. There are also a number of Native American communities in the Clear Lake basin.

Clear Lake faces significant water quality issues that have been caused by water diversion, dam construction, wetland destruction, introduction of non-native plant and animal species, grading and other landscape modification, logging and deforestation, fire, livestock over-grazing, and numerous mining operations. Clear Lake is a turbid system as a result of inorganic suspended particulate matter in the winter and algal blooms in the summer. The lake has frequent blooms of noxious scum forming cyanobacteria, which largely reduce water quality and have significant impact on recreational activities on the lake and causing large economic losses. The lake is contaminated with mercury from the abandoned Sulphur Bank Mercury Mine, now a United States Environmental Protection Agency Super Fund cleanup site. The Clear Lake watershed is currently subject to separate TMDL requirements for mercury (adopted December 2002) and nutrients (adopted June 2006).

According to Lake County's Internet Web site:

The County of Lake has supported research and several projects to reduce the growth of cyanobacteria in Clear Lake. Working in cooperation with the State Department of Water Resources and the University of California, Lake County officials completed studies that have shown there is an over-abundance of nutrients (food for the algae and cyanobacteria) within the lake. Because the lake is so large, spraying cyanobacteria to reduce nuisance conditions is not a practical long term solution. Reduction of lake nutrient levels is anticipated to reduce the quantities of nuisance cyanobacteria.

Nutrients come from erosion and other sources within the watershed, the land which drains into Clear Lake. A key to improving the water quality in the lake is to manage the entire watershed. Measures to reduce the nutrient loading to clear Lake have been implemented since the 1970's. Continued implementation of erosion control, creek and wetland protection and restoration, and improved land management practices are necessary to improve the water quality of Clear Lake by reducing the nutrient load to Clear Lake.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001914

 THIRD READING  

Bill No: AB 707

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/11/17

AYES: Hertzberg, Stone, Allen, Atkins, Hueso, Jackson, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 76-0, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill establishes the Blue Ribbon Committee for the Rehabilitation of Clear Lake in the Natural Resources Agency and specifies the Committee’s composition and objectives.

ANALYSIS:

Existing law:

1. Establishes, pursuant to Government Code § 12805 (a), the Natural Resources Agency, as well as multiple agencies within the Natural Resources Agency, including:
   1. The Coastal Commission,
   2. Central Valley Flood Protection Board,
   3. Colorado River Board,
   4. State Energy Resources Conservation and Development Commission,
   5. State Lands Commission,
   6. San Francisco Bay Conservation and Development Commission,
   7. Wildlife Conservation Board,
   8. 10 conservancies,
   9. California Conservation Corps, and
   10. The following departments: Conservation, Fish and Wildlife, Forestry and Fire Protection, Parks and Recreation, and Water Resources.
2. Established, pursuant to Fish and Game Code § 2081.7, a Salton Sea Advisory Committee in the Natural Resources Agency, in 2005, as a result of SB 1214 (Kuehl, Chapter 614, Statutes of 2004). This committee was required to undertake a restoration study to determine a preferred alternative for the Salton Sea ecosystem.

This bill:

1. Makes findings and declarations related to the economy, recreation, and the environment of Clear Lake and defines terms for the purposes of this bill.
2. Establishes in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake (the Committee).
3. Requires the Committee to be made up of one person from each of the following:
   1. A representative from the University of California, Davis, to be appointed by the chancellor from the university,
   2. One member of the Board of Supervisors of the County of Lake, or a designee appointed by the Board of Supervisors who is either an employee of the county or a resident of the county,
   3. Representatives from the tribes in the communities impacted by Clear Lake, to be appointed by their respective tribal councils,
   4. The secretary of the Natural Resources Agency or his or her designee,
   5. A representative from the Central Valley Regional Water Quality Control Board, to be appointed by the Board,
   6. An expert from each of the following areas, to be appointed by the Board of Supervisors of Lake County:
      1. Local economic development,
      2. Agriculture,
      3. Environment,
      4. A public water supplier that draws their drinking water supply from Clear Lake.
4. Requires the Committee to meet quarterly to discuss, review research, plan, and provide oversight, regarding the health of Clear Lake.
5. Requires the Committee to hold two meetings per year in Lake County.
6. Requires the Committee to provide an annual report to the Governor and the Legislature.
7. Authorizes the Committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature.

Background

1. Clear Lake is thought to be the oldest lake in California, and is both large (68 square miles) and shallow (an average depth of 27 feet). This lake is used as a water source, and for recreational sports, such as boating and bass fishing. The lake is also home to two state parks and several local parks.
2. Among the identified environmental problems is the legacy the Sulphur Bank Mercury Mine. This site started as a sulphur mine in 1860, and shifted to a mercury mine in the 1870s. Mercury was used during the gold rush to extract gold and silver from ore deposits throughout the west. Mercury is a neurotoxic contaminant that enters the water and accumulates over time (bioaccumulation) in the plants and animals, including fish. Of particular concern are the largemouth bass, which are popular sport fish but whose flesh can be dangerous to human health when consumed due to mercury accumulation. The Clear Lake watershed is currently subject to Total Maximum Daily Load requirements for mercury, adopted in 2002.
3. The clarity of Clear Lake is impacted by non-point source pollutants that cause blue-green algal blooms, which are both a nuisance and a water quality problem. Excess runoff nitrogen and phosphorus, which are common components of fertilizers and wastewater, over time, can cause blue-green algae to proliferate, particularly in lakes with warm water or shallow depths. Blue-green algae, which are also known as cyanobacteria, can be toxic to animals. The blue-green algal blooms can be very difficult to reverse once the conditions allow them to occur, even if the water quality of the lake reverts back to earlier conditions. The Clear Lake watershed is currently subject to Total Maximum Daily Load requirements for nutrients, which were adopted in 2006.

Comments

1. Other large inland bodies of water in California have had environmental and economic problems that required comprehensive solutions that include several communities with non-overlapping jurisdictions. For example, the Salton Sea Advisory Committee provided structure upon which to work towards an array of solutions to the cumulative environmental problems there. Moreover, for Lake Tahoe, the Lake Tahoe Conservancy provides some structure to coordinate collective efforts and to build long-term relationships with academic researchers, private-sector groups, and the Legislature.
2. The water quality problems in Clear Lake include both the point source, contaminant-laden legacy mine, as well as the diffuse problem of excess nutrients entering the lake. These water quality problems will require very different solutions, and will be difficult to address with a single blue ribbon committee. In particular, the management of cyanobacteria in the lake requires management of the entire watershed, while the management of the mercury runoff from the mine requires significant investments in a single place.
3. Both economic and environmental challenges exist within Clear Lake itself and its surrounding communities. The makeup of the Committee includes representatives from a range of stakeholder groups in the area with long-term interests in the improvement of Clear Lake. In addition, the inclusion of a representative from University of California, Davis, could bring in expertise in drinking water quality, lake water resource management, environmental engineering, economic development, or other fields.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, ongoing annual costs of $250,000 and additional unknown contract costs for the Natural Resources Agency (General Fund) to ensure the Committee meets quarterly, plans, researches, provides oversight and reports to the Legislature.

SUPPORT: (Verified 9/1/17)

California Water Service

Chi Council for the Clear Lake Hitch

City of Lakeport

Habematolel Pomo of Upper Lake Tribe

Golden State Water Company

Lake County Board of Supervisors

Lake County Land Trust

Middletown Rancheria of Pomo Indians

Northern California Power Agency

Scotts Valley Band of Pomo Indians

Sierra Club of California

OPPOSITION: (Verified 9/1/17)

None received

ARGUMENTS IN SUPPORT: The authors argue that AB 707 “is the first step towards solving the pollution crisis of the water in Clear Lake. Currently there is no group tasked specifically with targeting the problem and coordinating the rehabilitation of Clear Lake.”

Supporters are also concerned about the consequences of the water quality in the lake for human health, the environment, and the economy. They argue that as the committee reaches conclusions and provides recommendations for the future of Clear Lake, there will be better outcomes for the habitat, which will in turn improve the tourism industry for Lake County as a whole.

ASSEMBLY FLOOR: 76-0, 5/31/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Choi, Eggman, Melendez, Patterson

Prepared by:

9/4/17 12:19:17

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 707 (Aguiar-Curry) - Clear Lake

This bill meets the criteria for referral to the Suspense File.

Bill Summary: AB 707

establishes the Blue Ribbon Committee (Committee) for the Rehabilitation of Clear Lake in the Natural Resources Agency (Agency).

Fiscal Impact:

Ongoing annual costs of $250,000 and additional unknown contract costs for the Agency (General Fund) to ensure the Committee meets quarterly, plans, researches, provides oversight and reports to the Legislature.

Background:

Clear Lake. Clear Lake is the oldest lake in California. Its 68 square miles of surface area makes it the largest natural lake entirely within the borders of California. Clear Lake's average depth is 27 feet. Its maximum depth is 60 feet. It has approximately 100 miles of shoreline and covers approximately 5% of Lake County's land area. Most of the communities within the county are along or near the shore of the lake. Clear Lake is used for various recreational activities, including fishing, boating, and swimming. Clear Lake is home to two state parks and several local parks. There are also a number of Native American communities in the Clear Lake basin.

Clear Lake faces significant water quality issues that have been caused by water diversion, dam construction, wetland destruction, introduction of non-native plant and animal species, grading, logging, fire, livestock over-grazing, and numerous mining operations.

Clear Lake is not clear. It is a turbid system as a result of inorganic suspended particulate matter in the winter and algal blooms in the summer. The lake has frequent blooms of noxious scum forming cyanobacteria, which largely reduce water quality and have significant impact on recreational activities on the lake and causing large economic losses. The lake is contaminated with mercury from the abandoned Sulphur Bank Mercury Mine, now a United States Environmental Protection Agency Super Fund cleanup site. The Clear Lake watershed is currently subject to separate Total Maximum Daily Loads (TMDL) requirements for mercury (adopted December 2002) and nutrients (adopted June 2006).

Proposed Law: This bill:

Makes findings and declarations related to the Clear Lake and defines terms for the purposes of the bill.

Establishes in the Natural Resources Agency the Blue Ribbon Committee for the Rehabilitation of Clear Lake.

Specifies that the committee must include at least the following nine members:

A representative from the University of California, Davis, to be appointed by the chancellor from the university.

One member of the Board of Supervisors of the County of Lake or a designee appointed by the board of supervisors who is either an employee of the county or a resident of the county.

Representatives from the tribes in the communities impacted by Clear Lake, to be appointed by their respective tribal councils.

The secretary of the agency or his or her designee.

A representative from the Central Valley Regional Water Quality Control Board, to be appointed by that board.

An expert from each of the following areas, to be appointed by the Board of Supervisors of the County of Lake:

Local economic development.

Agriculture.

Environment.

A public water supplier that draws its drinking water supply from Clear Lake.

Specifies that members serve at the pleasure of their respective ting powers and without compensation, but must be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.

Specifies that the Agency Secretary, or his or her designee, is the chairperson of the committee.

Requires the committee to meet quarterly for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake, of which two must be held in the County of Lake.

Specifies that research conducted for the committee must go through a scientific and applied science process.

Requires the committee, beginning January 1, 2019, to provide an annual report on its activities to the Governor and the appropriate policy committees of the Legislature relating to natural resources and local government.

States that the first annual report must identify barriers to improved water quality in Clear Lake, the contributing factors causing the poor water quality, and the threats to wildlife, and include recommendations on solutions to these issues, estimates of cost, and a plan for involving the local, state, and federal governments in funding for and implementation of lake restoration activities.

Authorizes the committee to receive assistance and funds from public and private sources, and upon appropriation by the Legislature, to expend funds and award grants to conduct research.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB 707 Hearing Date: July 11, 2017

Subject: Clear Lake

BACKGROUND AND EXISTING LAW

1. Clear Lake, which is found in Lake County, is thought to be the oldest lake in California. It is quite large (68 square miles), with an average depth of 27 feet, and is characterized by relatively warm water. Most of the communities within Lake County are located near the lake, and there are several Native American communities in the Clear Lake basin. This lake is used as a water source, and for recreational sports, such as boating and bass fishing. The lake is also home to two state parks and several local parks.

2. Existing law, pursuant to Government Code § 12805 (a) establishes the Natural Resources Agency, as well as multiple agencies within the Natural Resources Agency, including:

a) The Coastal Commission,

b) Central Valley Flood Protection Board,

c) Colorado River Board,

d) State Energy Resources Conservation and Development Commission,

e) State Lands Commission,

f) San Francisco Bay Conservation and Development Commission,

g) Wildlife Conservation Board,

h) 10 conservancies,

i) California Conservation Corps, and

j) The following departments: Conservation, Fish and Wildlife, Forestry and Fire Protection, Parks and Recreation, and Water Resources.

1. Pursuant to Fish and Game Code § 2081.7, a Salton Sea Advisory Committee was established in the Natural Resources Agency in 2005 as a result of SB 1214 (Kuehl, Chapter 614, Stats. 2004). This committee was required to undertake a restoration study to determine a preferred alternative for the restoration of the Salton Sea ecosystem and included representatives from various stakeholder groups.
2. Among the identified environmental problems associated with Clear Lake is the legacy of a mercury mine. The old site of Sulphur Bank Mercury Mine is located near the shoreline of Clear Lake. This site started as a sulphur mine in 1860, and shifted to a mercury mine in the 1870s. Mercury was used during the gold rush to extract gold and silver from ore deposits throughout the west, and is still used in artisanal gold mining operations today. Mercury is a protein-binding, neurotoxic contaminant that enters the water and the sediments of the lake bottom. Bacteria can transform that mercury pollution into a different type of mercury, known as methylmercury, which accumulates over time (bioaccumulation) in the organisms that reside in Clear Lake. Fish at the top of the food web are more concentrated in methylmercury than the fish they eat. Of particular concern are the largemouth bass, which is popular for sport fishing but whose flesh when contaminated with high concentrations of mercury can be dangerous to human health when consumed. The Clear Lake watershed is currently subject to Total Maximum Daily Load requirements for mercury, which were adopted in 2002.
3. Non-point source pollutants are also threats to activities related to Clear Lake. Blue-green algal blooms, which are both a nuisance and a water quality problem, are a common occurrence in the summer months. Excess runoff nitrogen and phosphorus, which are common components of fertilizers and wastewater, over time, can cause blue-green algae to proliferate, particularly in lakes with warm water or shallow depths. Blue-green algae, which are also known as cyanobacteria, can be toxic to animals. The blue-green algal blooms can be very difficult to reverse once the conditions allow them to occur, even if the water quality of the lake reverts back to earlier conditions. The Clear Lake watershed is currently subject to Total Maximum Daily Load requirements for nutrients, which were adopted in 2006.

PROPOSED LAW

This bill:

1. Describes the intent of this legislation to establish a Blue Ribbon Committee for the Rehabilitation of Clear Lake (Committee). The goal of the Committee is to spearhead activities aimed at cleaning up the Lake for environmental gains that will revitalize Clear Lake’s regional significance so that Clear Lake may once again be used for recreational purposes, thus creating jobs and inciting new economic development.
2. Establishes in the Natural Resources Agency, the Blue Ribbon Committee for the Rehabilitation of Clear Lake
3. Requires the Committee to be made up of one person from each of the following:
   1. A representative from the University of California, Davis, to be appointed by the chancellor from the university,
   2. One member of the Board of Supervisors of the County of Lake, or a designee appointed by the Board of Supervisors who is either an employee of the county or a resident of the county,
   3. Representatives from the tribes in the communities impacted by Clear Lake, to be appointed by their respective tribal councils,
   4. The secretary of the Natural Resources Agency or his or her designee,
   5. A representative from the Central Valley Regional Water Quality Control Board, to be appointed by the Board,
   6. An expert from each of the following areas, to be appointed by the Board of Supervisors of Lake County:
      1. Local economic development,
      2. Agriculture,
      3. Environment,
      4. A public water supplier that draws their drinking water supply from Clear Lake.
4. Requires the Committee to meet quarterly to discuss, review research, plan, and provide oversight, regarding the health of Clear Lake
5. Requires the Committee to hold two meetings per year in Lake County
6. Requires the Committee to provide an annual report to the Governor and the Legislature
7. Authorizes the Committee to receive assistance and funds from public and private sources and to expend funds and award grants to conduct research upon appropriation by the Legislature

ARGUMENTS IN SUPPORT

The authors argue that AB 707 “is the first step towards solving the pollution crisis of the water in Clear Lake. Currently there is no group tasked specifically with targeting the problem and coordinating the rehabilitation of Clear Lake.”

Supporters are also concerned about the consequences of the water quality in the lake for human health, the environment, and the economy. They argue that as the committee reaches conclusions and provides recommendations for the future of Clear Lake, there will be better outcomes for the habitat, which will in turn improve the tourism industry for Lake County as a whole.

ARGUMENTS IN OPPOSITION

None received

COMMENTS

1. Other large inland bodies of water in California have had environmental and economic problems that required comprehensive or multifaceted solutions. It is the nature of large lakes that they are impacted by activities on the land within the lake’s watershed, which can include several communities with non-overlapping jurisdictions. In some cases, the legacy of past events, such as mining, exacerbates more recent or ongoing problems. The Salton Sea Advisory Committee provided structure upon which to work towards an array of solutions to the cumulative environmental problems there. Moreover, for Lake Tahoe, the Lake Tahoe Conservancy provides some structure to coordinate collective efforts and to build long-term relationships with academic researchers, private-sector groups, and the Legislature.
2. The water quality problems in Clear Lake include both the point source, contaminant-laden legacy mine, as well as the diffuse problem of excess nutrients entering the lake. These water quality problems will require very different solutions, and will be difficult to address with a single blue ribbon committee. In particular, the management of cyanobacteria in the lake requires management of the entire watershed, which contains several communities, while the management of the mercury runoff from the mine requires significant investments in a single place. In addition, the old mercury mine is a United States Environmental Protection Agency Super Fund cleanup site, and there may not be straightforward options to deal with the mercury contamination.
3. Both economic and environmental challenges exist within Clear Lake itself and its surrounding communities. The makeup of the Committee includes representatives from a range of stakeholder groups in the area with long-term interests in the improvement of Clear Lake. In addition, the inclusion of a representative from University of California, Davis, could bring in expertise in drinking water quality, lake water resource management, environmental engineering, economic development, or other fields.

SUPPORT

Chi Council for the Clear Lake Hitch

City of Lakeport

Habematolel Pomo of Upper Lake Tribe

Golden State Water Company

Lake County Board of Supervisors

Lake County Land Trust

Middletown Rancheria of Pomo Indians

Northern California Power Agency

Scotts Valley Band of Pomo Indians

Sierra Club of California

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 707

Author:(Aguiar-Curry)

As Amended Ver:May 26, 2017

Majority vote

SUMMARY: Establishes, in the Natural Resources Agency (NRA), the Blue Ribbon Committee (Committee) for the Rehabilitation of Clear Lake. Specifically, this bill:

1. Makes various findings about Lake County and Clear Lake;
2. Declares it is the intent of the Legislature to enact legislation that would establish the Committee for the Rehabilitation of Clear Lake.
3. Specifies that the Committee will spearhead activates aimed at cleaning up the lake for environmental gains that will revitalize its regional significance so that it may once again be used for recreational purposes, thus creating jobs and inciting new economic development.
4. Establishes in the NRA, the Blue Ribbon Committee for the Rehabilitation of Clear Lake.
5. Requires the Committee to consist of at least members and requires a representative of each of the following:
   1. The University of California, Davis, to be appointed by the Chancellor from the University;
   2. One member of Board of Supervisors of County of Lake;
   3. Representatives from the tribes in the community to be appointed by the Board of Supervisors of the County of Lake after consulting with the Native American Communities impacted by Clear Lake;
   4. Secretary of the NRA of his or her designee;
   5. A representative from the Central Valley Regional Water Quality Control Board, to be appointed by that Board; and,
   6. Experts from local economic development, agriculture, and the environment.
6. Specifies that the Secretary of NRA or his or her designee serves as chairperson of the committee.
7. Requires the Committee to meet quarterly to discuss, review research, plan, and provide oversight regarding the health of Clear Lake.
8. Requires research conducted for the committee to go through a scientific and applied science process. Requires two meetings per year to be held in the County of Lake.
9. Requires the Committee, starting January 1, 2019, to provide an annual report on its activities to the Governor and the appropriate policy committees of the Legislature relating to natural resources and local government.
10. Requires the first annual report to identify barriers to improved water quality in Clear Lake, the contributing factors causing the poor water quality, and identify the threats to wildlife.

EXISTING LAW:

1. Establishes the NRA whose mission is to restore, protect, and manage the state's natural, historical, and cultural resources for current and future generations using creative approaches and solutions based on science, collaboration, and respect for all the communities and interests involved.
2. Provides that the NRA consists of the Coastal Commission, Central Valley Flood Protection Board, Colorado River Board, State Energy Resources Conservation and Development Commission, State Lands Commission, San Francisco Bay Conservation and Development Commission, Wildlife Conservation Board, ten conservancies, and the following departments: California Conservation Corps; Conservation; Fish and Wildlife; Forestry and Fire Protection; Parks and Recreation; and Water Resources.
3. Under the Porter-Cologne Water Quality Control Act (Act), establishes the State Water Resources Control Board (SWRCB) 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.

FISCAL EFFECT: According to the Assembly Appropriations Committee, ongoing annual costs of $250,000 and additional unknown contract costs for the Natural Resources Agency to ensure the Committee meets quarterly, plans, researches, provides oversight and reports to the Legislature.

COMMENTS: Clear Lake is the oldest lake in California. Its 68 square miles of surface area makes it the largest natural lake entirely within the borders of California. Clear Lake's average depth is 27 feet. Its maximum depth is 60 feet. It has approximately 100 miles of shoreline and covers approximately 5% of the county's land area. Most of the communities within the county are along or near the shore of the lake. Clear Lake is used for various recreational activities, including fishing, boating, and swimming. Clear Lake is home to two state parks and several local parks. There are also a number of Native American communities in the Clear Lake basin.

Clear Lake faces significant water quality issues that have been caused by water diversion, dam construction, wetland destruction, introduction of non-native plant and animal species, grading and other landscape modification, logging and deforestation, fire, livestock over-grazing, and numerous mining operations. Clear Lake is a turbid system as a result of inorganic suspended particulate matter in the winter and algal blooms in the summer. The lake has frequent blooms of noxious scum forming cyanobacteria, which largely reduce water quality and have significant impact on recreational activities on the lake and causing large economic losses. The lake is contaminated with mercury from the abandoned Sulphur Bank Mercury Mine, now a United States Environmental Protection Agency Super Fund cleanup site. The Clear Lake watershed is currently subject to separate TMDL requirements for mercury (adopted December 2002) and nutrients (adopted June 2006).

According to Lake County's Web site:

The County of Lake has supported research and several projects to reduce the growth of cyanobacteria in Clear Lake. Working in cooperation with the State Department of Water Resources and the University of California, Lake County officials completed studies that have shown there is an over-abundance of nutrients (food for the algae and cyanobacteria) within the lake. Because the lake is so large, spraying cyanobacteria to reduce nuisance conditions is not a practical long term solution. Reduction of lake nutrient levels is anticipated to reduce the quantities of nuisance cyanobacteria.

Nutrients come from erosion and other sources within the watershed, the land which drains into Clear Lake. A key to improving the water quality in the lake is to manage the entire watershed. Measures to reduce the nutrient loading to clear Lake have been implemented since the 1970's. Continued implementation of erosion control, creek and wetland protection and restoration, and improved land management practices are necessary to improve the water quality of Clear Lake by reducing the nutrient load to Clear Lake.

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0000881

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 707

Author:(Aguiar-Curry) – As Amended Ver:April 24, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill establishes the Blue Ribbon Committee for the Rehabilitation of Clear Lake in the Natural Resources Agency. Specifically, this bill:

1. Specifies the committee must consist of at least eight members and is required to have a representative from each of the following:
2. a representative from the University of California, Davis, to be appointed by the chancellor from the university;
3. one member of the Board of Supervisors of the County of Lake, or a designee appointed by the board of supervisors who is either an employee of the county or a resident of the county;
4. representatives from the tribes in the community, to be appointed by the Board of Supervisors of the County of Lake after consulting with the Native American communities impacted by Clear Lake;
5. the Secretary of the Natural Resources Agency or his or her designee;
6. a representative from the Central Valley Regional Water Quality Control Board, to be appointed by that board; and
7. an expert from each of the following three areas, to be appointed by the Board of Supervisors of the County of Lake: Local economic development; agriculture; and the environment.
8. Specifies the members of the committee will serve at the pleasure of their respective appointing powers, without compensation, but will be reimbursed for necessary expenses. The Committee must select a Chair and Vice Chair from among its members.
9. Requires the Committee to meet quarterly to discuss, research, plan, and provide oversight regarding the health of Clear Lake.
10. Requires research conducted by the committee to go through a scientific and applied science process. Requires two meetings per year to be held in the County of Lake.
11. Requires the Committee, starting January 1, 2019, to provide an annual report on its activities to the Governor and the appropriate policy committees of the Legislature relating to natural resources and local government.
12. Requires the first annual report to identify barriers to improved water quality in Clear Lake, the contributing factors causing the poor water quality, and to identify the threats to wildlife.

FISCAL EFFECT:

Ongoing annual costs of $250,000 and additional unknown contract costs for the Natural Resources Agency to ensure the Committee meets quarterly, plans, researches, provides oversight and reports to the Legislature.

COMMENTS:

1. Purpose. According to the author, currently, there is no group tasked specifically with targeting the problem and coordinating the rehabilitation of Clear Lake. There are federal and state laws that protect the quality of the environment, but none that focus on fixing the current conditions of the lake. The author contends that this bill is the first step toward solving the pollution crisis of the water in Clear Lake.
2. Background. Clear Lake is the oldest lake in California. Its 68 square miles of surface area makes it the largest natural lake entirely within the borders of California.

Clear Lake's average depth is 27 feet. Its maximum depth is 60 feet. It has approximately 100 miles of shoreline and covers approximately 5% of Lake County's land area. Most of the communities within the county are along or near the shore of the lake. Clear Lake is used for various recreational activities, including fishing, boating, and swimming. Clear Lake is home to two state parks and several local parks. There are also a number of Native American communities in the Clear Lake basin.

1. Water Quality Issues. Clear Lake faces significant water quality issues that have been caused by water diversion, dam construction, wetland destruction, introduction of non-native plant and animal species, grading, logging, fire, livestock over-grazing, and numerous mining operations.

Clear Lake is not clear. It is a turbid system as a result of inorganic suspended particulate matter in the winter and algal blooms in the summer. The lake has frequent blooms of noxious scum forming cyanobacteria, which largely reduce water quality and have significant impact on recreational activities on the lake and causing large economic losses. The lake is contaminated with mercury from the abandoned Sulphur Bank Mercury Mine, now a United States Environmental Protection Agency Super Fund cleanup site. The Clear Lake watershed is currently subject to separate Total Maximum Daily Loads (TMDL) requirements for mercury (adopted December 2002) and nutrients (adopted June 2006).

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 17, 2017

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Cristina Garcia, Chair

ABPCA Bill Id:AB 707 (

Author:Aguiar-Curry) – As Amended Ver:April 3, 2017

SUBJECT: Clear Lake

SUMMARY: Establishes, in the Natural Resources Agency (NRA), the Blue Ribbon Committee (Committee) for the Rehabilitation of Clear Lake.

EXISTING LAW:

1. Establishes the NRA whose mission is to restore, protect, and manage the state's natural, historical, and cultural resources for current and future generations using creative approaches and solutions based on science, collaboration, and respect for all the communities and interests involved.
   
2. Provides that the NRA consists of the Coastal Commission, Central Valley Flood Protection Board, Colorado River Board, State Energy Resources Conservation and Development Commission, State Lands Commission, San Francisco Bay Conservation and Development Commission, Wildlife Conservation Board, ten conservancies, and the following departments: California Conservation Corps; Conservation; Fish and Wildlife; Forestry and Fire Protection; Parks and Recreation; and Water Resources.
   
3. Under the Porter-Cologne Water Quality Control Act (Act), establishes the State Water Resources Control Board (SWRCB) 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.”

1. 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. Makes various findings about Lake County and Clear Lake;
2. Declares it is the intent of the Legislature to enact legislation that would establish the Committee for the Rehabilitation of Clear Lake.
3. Specifies that the Committee will spearhead activates aimed at cleaning up the lake for environmental gains that will revitalize its regional significance so that it may once again be used for recreational purposes, thus creating jobs and inciting new economic development.
4. Establishes in the NRA, the Blue Ribbon Committee for the Rehabilitation of Clear Lake.
5. Requires the Committee to consist of an unspecified number of members and requires a representative of each of the following:
   1. The University of California, Davis, to be appointed by the Chancellor from the University;
   2. The County of Lake, to be appointment by the Board of Supervisors of the County;
   3. Representatives from the tribes in the community to be appointed by the Board of Supervisors of the County of Lake after consulting with the Native American Communities impacted by Clear Lake;
   4. NRA, to be appointed by the Governor;
   5. A representative from the Central Valley Regional Water Quality Control Board, to be appointed by that Board; and,
   6. Experts from local economic development, agriculture, and the environment.
6. Requires the Committee to meet quarterly to discuss, research, plan, and provide oversight regarding the health of Clear Lake.
7. Requires research conducted by the committee to go through a scientific and applied science process. Requires two meetings per year to be held in the County of Lake.
8. Requires the Committee, starting January 1, 2019, to provide an annual report on its activities to the Governor and the appropriate policy committees of the Legislature relating to natural resources and local government.
9. Requires the first annual report to identify barriers to improved water quality in Clear Lake, the contributing factors causing the poor water quality, and identify the threats to wildlife.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

AB 707 is the first step towards solving the pollution crisis of the water in Clear Lake. Currently, there is no group tasked specifically with targeting the problem and coordinating the rehabilitation of Clear Lake. There are federal and state laws that protect the quality of the environment, but none that focus on fixing the current conditions of the lake.

Lake County is not equipped to solve the issues in Clear Lake on its own. AB 707 will start the dialogue for addressing the problem in a structured and accountable way. In turn, as the Committee reaches conclusions about the lake, better outcomes for the habitat will aide in the revitalization of the local tourist industry. This would improve the economic development of Lake County as a whole, and boost morale for the local citizens.

1. Clear Lake. Clear Lake is the oldest lake in California. Its 68 square miles of surface area makes it the largest natural lake entirely within the borders of California. Clear Lake's average depth is 27 feet. Its maximum depth is 60 feet. It has approximately 100 miles of shoreline and covers approximately 5% of the county's land area. Most of the communities within the county are along or near the shore of the lake. Clear Lake is used for various recreational activities, including fishing, boating, and swimming. Clear Lake is home to two state parks and several local parks. There are also a number of Native American communities in the Clear Lake basin.

Clear Lake faces significant water quality issues that have been caused by water diversion, dam construction, wetland destruction, introduction of non-native plant and animal species, grading and other landscape modification, logging and deforestation, fire, livestock over-grazing, and numerous mining operations. Clear Lake is a turbid system as a result of inorganic suspended particulate matter in the winter and algal blooms in the summer. The lake has frequent blooms of noxious scum forming cyanobacteria, which largely reduce water quality and have significant impact on recreational activities on the lake and causing large economic losses. The lake is contaminated with mercury from the abandoned Sulphur Bank Mercury Mine, now a United States Environmental Protection Agency Super Fund cleanup site. The Clear Lake watershed is currently subject to separate TMDL requirements for mercury (adopted December 2002) and nutrients (adopted June 2006).

According to Lake County’s website:

The County of Lake has supported research and several projects to reduce the growth of cyanobacteria in Clear Lake. Working in cooperation with the State Department of Water Resources and the University of California, Lake County officials completed studies that have shown there is an over-abundance of nutrients (food for the algae and cyanobacteria) within the lake. Because the lake is so large, spraying cyanobacteria to reduce nuisance conditions is not a practical long term solution. Reduction of lake nutrient levels is anticipated to reduce the quantities of nuisance cyanobacteria.

Nutrients come from erosion and other sources within the watershed, the land which drains into Clear Lake. A key to improving the water quality in the lake is to manage the entire watershed. Measures to reduce the nutrient loading to clear Lake have been implemented since the 1970’s. Continued implementation of erosion control, creek and wetland protection and restoration, and improved land management practices are necessary to improve the water quality of Clear Lake by reducing the nutrient load to Clear Lake.

1. Amendments. The author and committee may wish to consider the following amendments:
   
   1. Clarify the membership of the Committee;
      
   2. Specify that members of the Committee serve at the pleasure of their respective appointing powers, serve without compensation (except for actual and necessary expenses), and select a chair and vice chair;
      
   3. Clarifies that the Committee may review research and expend funds or award grants to conduct research; and,
      
   4. Authorizes the Committee to receive assistance and funds from public and private sources.

REGISTERED SUPPORT / OPPOSITION:

Support

Chi Council for the Clear Lake Hitch
Habermatolel Pomo of Upper Lak Tribe
Lake County Board of Supervisors
Lake County Land Trust
Middletown Rancheria of Pomo Indians
Northern California Power Agency
Sierra Club California

Opposition

None on file

Analysis Prepared by: Michael Jarred / NAT. RES. /