BILL NUMBER: AB 1540	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2012

INTRODUCED BY   Assembly Member Buchanan

                        JANUARY 24, 2012

   An act to amend Section 64 of the Harbors and Navigation Code,
relating to state waters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1540, as amended, Buchanan. Sacramento-San Joaquin Delta:
invasive weeds: South American  Spongeplant  
spongeplant  .
   Existing law designates the Department of Boating and Waterways as
the lead agency in cooperating with other agencies in controlling
water hyacinth  (Eichhornia crassipes)  and  Egeria
densa   Brazilian elodea (Egeria densa)  in the
Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh.
   This bill would additionally designate the department as the lead
agency in cooperating with other agencies in controlling South
American  Spongeplant   spongeplant 
(Limnobium laevigatum) in the delta, its tributaries, and the marsh.

   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 the following:
   (a) Aquatic weeds have been a continuing problem in the
Sacramento-San Joaquin Delta and have been growing in the delta at an
unprecedented rate.
   (b) Invasive species of aquatic weeds growing in the
Sacramento-San Joaquin Delta obstruct navigation, impair other
recreational uses of the waterways in the delta, and have the
potential of damaging manmade facilities, including federal and state
water pumping operations.
   (c) The health and stability of fisheries and other ecosystems in
the Sacramento-San Joaquin Delta are threatened by invasive aquatic
weeds, which are known to have the following impacts:
   (1) Destroy tourism in the delta, and reduce boating, fishing, and
swimming in delta waterways.
   (2) Block birds' access to waterways and nesting areas.
   (3) Threaten water supplies by blocking canals, pumps, and dams.
   (4) Damage water quality in the delta resulting from the decay of
plants.
   (5) Increase flood risk.
   (6) Prevent the growth of native plants.
   (d) Water hyacinth  (Eichhornia crassipes)  and 
Egeria densa   Brazilian elodea (Egeriadensa)  are
the only invasive aquatic weeds that are authorized for treatment in
the Sacramento-San Joaquin Delta.
   (e) South American  Spongeplant   spongeplant
 (Limnobium laevigatum) is a highly invasive weed that grows
and spreads at a rate that could devastate the Sacramento-San Joaquin
Delta environment in just a few years, and the spongeplant is a
prolific seed-bearing plant that will be difficult to eradicate if it
is allowed to grow and spread in the delta.
   (f) Early stage treatment of the South American 
Spongeplant   spongeplant  (Limnobium laevigatum)
in the Sacramento-San Joaquin Delta will reduce the need for more
extensive and costly later efforts to keep the spongeplant from
spreading in the delta.
  SEC. 2.  Section 64 of the Harbors and Navigation Code is amended
to read:
   64.  (a) The Legislature hereby finds and declares that the growth
of water hyacinth  , Egeria densa,  
(Eichhornia crassipes), Brazilian elodea (Egeria densa),  and
South American  Spongeplant   spongeplant 
(Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its
tributaries, and the Suisun Marsh has occurred at an unprecedented
level and that the resulting accumulations of water hyacinth 
, Egeria densa   (Eichhornia crassipes), Brazilian
elodea (Egeria densa)  , and South American  Spongeplant
  spongeplant  (Limnobium laevigatum) obstruct
navigation, impair other recreational uses of waterways, have the
potential for damaging manmade facilities, and may threaten the
health and stability of fisheries and other ecosystems within the
delta and marsh. Accordingly, it is necessary that the state, in
cooperation with agencies of the United States, undertake an
aggressive program for the effective control of water hyacinth
 , Egeria densa   (Eichhornia crassipes),
Brazilian elodea (Egeria densa)  , and South American 
Spongeplant   spongeplant  (Limnobium laevigatum)
in the delta, its tributaries, and the marsh.
   (b) The department is designated as the lead agency of the state
for the purpose of cooperating with agencies of the United States and
other public agencies in controlling water hyacinth  ,
Egeria densa   (Eichhornia crassipes), Brazilian elodea
(Egeria densa)  , and South American Spongeplant
  spongeplant  (Limnobium laevigatum) in the delta,
its tributaries, and the marsh.
   (c) The department, other state agencies, cities, counties, and
districts are hereby authorized to cooperate with one another and
with agencies of the United States in controlling water hyacinth
 , Egeria densa   (Eichhornia crassipes),
Brazilian   elodea (Egeria densa)  , and South American
 Spongeplant   spongeplant  (Limnobium
laevigatum) in the delta, its tributaries, and the marsh and may
furnish money, services, equipment, and other property to that end.
   (d) Up to five thousand dollars ($5,000) per year of the funds
available for expenditure by the Department of Fish and Game to
implement this section shall be paid from the Harbors and Watercraft
Revolving Fund.
   (e) Whenever any control program is proposed to take place in Rock
Slough, the department and the Contra Costa Water District shall
develop a memorandum of understanding establishing the parameters of
the control program. This subdivision does not apply to any control
program proposed for Sand Mound Slough.