BILL NUMBER: SB 1573 CHAPTERED 09/16/02 CHAPTER 599 FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2002 APPROVED BY GOVERNOR SEPTEMBER 15, 2002 PASSED THE SENATE AUGUST 30, 2002 PASSED THE ASSEMBLY AUGUST 26, 2002 AMENDED IN ASSEMBLY AUGUST 23, 2002 AMENDED IN ASSEMBLY JUNE 11, 2002 AMENDED IN SENATE APRIL 17, 2002 AMENDED IN SENATE APRIL 1, 2002 INTRODUCED BY Senator Karnette (Coauthor: Senator Alpert) FEBRUARY 20, 2002 An act to add Chapter 9 (commencing with Section 6950) of Part 1 of Division 6 of the Fish and Game Code, relating to invasive species, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1573, Karnette. Interagency Aquatic Invasive Species Council. (1) Existing law governs aquatic nuisance species. This bill would establish the Interagency Aquatic Invasive Species Council, consisting of representatives of the Department of Food and Agriculture, the Department of Boating and Waterways, the Department of Parks and Recreation, the Department of Water Resources, the State Water Resources Control Board, the California Coastal Commission, the State Coastal Conservancy, the University of California, and the State Lands Commission. The bill also would authorize the Governor to appoint to the council persons representing certain interest groups, which groups would be required to have expertise in aquatic invasive species, as defined. The bill also would authorize members of the council to invite representatives of federal agencies and tribal groups to join the council as members. The Director of Fish and Game would serve as the chairperson of the council. The bill would require the Department of Fish and Game, in cooperation with the council, and using existing funds and current personnel of the Department of Fish and Game, to support and coordinate the development of a comprehensive plan for dealing with aquatic invasive species in California. The bill would require the council to submit its first working version of the plan to the Legislature on or before January 1, 2004. The bill would provide that no provision of the bill would apply to the University of California, unless the Regents of the University of California, by appropriate resolution, make it applicable. (2) Existing law continuously appropriates money in the Fish and Game Preservation Fund to the Department of Fish and Game and the Fish and Game Commission to carry out the Fish and Game Code. By requiring this program to be funded through existing funds and current personnel of the department, thus imposing new duties on the department, the bill would make an appropriation. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 9 (commencing with Section 6950) is added to Part 1 of Division 6 of the Fish and Game Code, to read: CHAPTER 9. INTERAGENCY AQUATIC INVASIVE SPECIES COUNCIL 6950. "Invasive species" for the purposes of this chapter, means a species, including its seeds, eggs, spores, or other biological materials capable of propagating that species, that is not native to the ecosystem, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Nothing in this definition may be construed to include those agricultural crops generally recognized by the Department of Agriculture or the United States Department of Agriculture as suitable to be grown in the state. 6952. The Interagency Aquatic Invasive Species Council is hereby established. 6953. (a) The director, or his or her representative, is chairperson of the council. (b) Representatives of the following entities are members of the council: (1) The Department of Food and Agriculture. (2) The Department of Boating and Waterways. (3) The Department of Parks and Recreation. (4) The Department of Water Resources. (5) The State Water Resources Control Board. (6) The California Coastal Commission. (7) The State Coastal Conservancy. (8) The University of California. (9) The State Lands Commission. (c) In addition to the members of the council set forth in subdivision (b), the Governor may appoint to the council, as representatives of the public, one person representing each of the following interest groups, each of which group shall have expertise in aquatic invasive species: (1) Ports or shipping, or both. (2) Business interests. (3) Environmental interests. (4) Local water agencies. (d) The members of the council set forth in subdivisions (b) and (c) may invite representatives of federal agencies and tribal groups to join the council as members. 6954. The department, in cooperation with the council, and using existing funds and current personnel of the department, shall support and coordinate the development of a comprehensive plan for dealing with aquatic invasive species in California. The plan shall address the following aspects of prevention and containment of aquatic invasive species: (1) Prevention, including education of, and outreach to, the general public and policymakers. (2) Monitoring and detection. (3) Control and eradication. (4) Inspection. (5) Enforcement. (b) The plan prepared pursuant to subdivision (a) shall follow, to the extent possible, the guidelines of the Aquatic Nuisance Species Task Force set forth in Section 4722 of Title 16 of the United States Code. (c) The council shall submit its first working version of the plan to the Legislature on or before January 1, 2004. 6955. The council shall meet at least twice annually to ensure that state agency activities concerning aquatic invasive species are coordinated, complementary, cost-efficient, and effective. In doing so, the council may undertake the following tasks: (a) Develop protocols to be followed in responding to aquatic invasive species infestations not listed for control or eradication purposes in any statute or regulation as of January 1, 2002. (b) Review and comment on proposals for new or amended aquatic invasive species management plans. (c) Review any proposed site-specific aquatic invasive species regulations. (d) Serve as a clearinghouse for information regarding aquatic invasive species. 6956. No provision of this chapter applies to the University of California, unless the Regents of the University of California, by appropriate resolution, make it applicable.