AB 763, as introduced, Buchanan. Aquatic invasive plants: control and eradication.
Existing law designates the Department of Boating and Waterways as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling certain invasive plants in the Sacramento-San Joaquin Delta, its tributaries, and the marsh, and authorizes the department to furnish money, services, equipment, and other property for the control of those invasive plants.
This bill would additionally designate the department as the lead agency of the state for the purpose of cooperating with other state and local public agencies and with agencies of the United States in identifying, detecting, controlling, and administering programs to manage and eradicate invasive aquatic plants, as defined. The bill would authorize the department, in consultation with appropriate state, local, and federal agencies, to take any action it determines is necessary to implement statewide management and eradication measures for those invasive aquatic plants.
This bill would require the department to regularly consult with the United States Department of Agriculture, the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the University of California, and other members of the scientific and research communities, and other state agencies with jurisdiction over the control of invasive aquatic plants to determine which species of those plants should be given the highest priority for treatment, and the best methods of implementing identification, control, and eradication measures. The bill would also require the department, after consulting with those entities, if it identifies a species of invasive aquatic plant that may need to be treated, to notify the Department of Fish and Wildlife of the potential threat from that plant species. The bill would require the Department of Fish and Wildlife, after receipt of that notice, to conduct a risk assessment of that invasive aquatic plant species to determine whether the species presents a threat to the environment or economy of the state, as determined by consideration of specified factors. The bill would require the Department of Fish and Wildlife, after completing that assessment, to report its findings to the department so that the department may take any necessary action to control or eradicate an invasive aquatic plant, as authorized under the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The spread of aquatic invasive plants have been a continuing
4problem in the Sacramento-San Joaquin Delta and in waterways
5and lakes throughout the state.
6(b) Invasive aquatic plants obstruct navigation in the state’s
7waterways and pose a threat to fisheries and other ecosystems.
8(c) Coordinated, early-stage treatment of invasive aquatic plants
9is critical in controlling and managing those invasive species to
10protect the state’s environment and prevent harm to California’s
11tourism business and economy.
12(d) Authorizing the Department of Boating and Waterways to
13cooperate with other state, federal, and local agencies in the
14identification, management, and eradication of invasive aquatic
15plants, instead of requiring that the department undertake legislative
16action each time an agency identifies a new species of invasive
17aquatic plant, would enable the state to more effectively manage
18and control invasive aquatic plants on a statewide basis.
Section 64.5 is added to the Harbors and Navigation
2Code, to read:
(a) The department is designated as the lead agency of
4the state for the purpose of cooperating with other state and local
5public agencies, and agencies of the United States in identifying,
6detecting, controlling, and administering programs to manage and
7eradicate invasive aquatic plants. The department, in consultation
8with appropriate state, local, and federal agencies, may take any
9action it determines is necessary to implement statewide control
10and eradication measures for invasive aquatic plants.
11(b) The department shall regularly consult with the United States
12Department of Agriculture, the United States Fish and Wildlife
13Service, the National Oceanic and Atmospheric Administration,
14the University of California, and other members of the
scientific
15and research communities, as well as other state agencies with
16jurisdiction over the control of invasive aquatic plants to determine
17which species of those plants should be given the highest priority
18for treatment, and the best methods of implementing identification,
19control, and eradication measures.
20(c) (1) After consulting with the various entities as required in
21subdivision (b), if the department identifies a species of invasive
22aquatic plant that may need to be treated, it shall notify the
23Department of Fish and Wildlife of the potential threat from that
24plant species. After receipt of that notice, the Department of Fish
25and Wildlife shall conduct a risk assessment of the invasive aquatic
26plant species identified by the department to determine whether
27the species presents a threat to the environment or economy of the
28state. In making that determination, the department shall consider
29all of the following:
30(A) Whether the invasive aquatic plant species may cause
31environmental damage, including threats to the health and stability
32of fisheries, damage to migratory and other birds’ access to
33waterways and nesting areas, deterioration of water quality
34resulting from plant decay, and harm to native plants.
35(B) Whether the invasive aquatic plant species may cause harm
36to the state’s economy or infrastructure by increasing flood risk,
37threatening water supplies by blocking pumps, canals, and dams
38necessitating early treatment efforts.
39(C) Whether the invasive aquatic plant species may obstruct
40navigation and recreational uses of waterways, and cause potential
P4 1harm to manmade facilities, including state water pumping
2operations.
3(2) After completing the risk
assessment of aquatic invasive
4plants required by paragraph (1), the Department of Fish and
5Wildlife shall report its findings to the department so that the
6department may take any necessary action to control or eradicate
7an invasive aquatic plant, as authorized under subdivision (a).
8(d) (1) For purposes of this section, “invasive aquatic plant”
9means an aquatic plant or alga that is introduced into the state
10waters and is determined to be an invasive species because it is
11known to be or likely to be injurious or harmful to wetland habitats
12or waters of California such as rivers, streams, lakes, reservoirs,
13irrigation systems, and flood control systems.
14(2) For purposes of this section, “invasive” means an organism,
15including a species of plant, that has been introduced into the state
16through human activity and that is injurious, or likely to cause
17injury to
the state’s environment or economy.
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