BILL NUMBER: AB 763	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 21, 2013

   An act to add Section 64.5 to the Harbors and Navigation Code,
relating to aquatic invasive plants.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The spread of aquatic invasive plants have been a continuing
problem in the Sacramento-San Joaquin Delta and in waterways and
lakes throughout the state.
   (b) Invasive aquatic plants obstruct navigation in the state's
waterways and pose a threat to fisheries and other ecosystems.
   (c) Coordinated, early-stage treatment of invasive aquatic plants
is critical in controlling and managing those invasive species to
protect the state's environment and prevent harm to California's
tourism business and economy.
   (d) Authorizing the Department of Boating and Waterways to
cooperate with other state, federal, and local agencies in the
identification, management, and eradication of invasive aquatic
plants, instead of requiring that the department undertake
legislative action each time an agency identifies a new species of
invasive aquatic plant, would enable the state to more effectively
manage and control invasive aquatic plants on a statewide basis.
  SEC. 2.  Section 64.5 is added to the Harbors and Navigation Code,
to read:
   64.5.  (a) The department is designated as the lead agency of the
state for the purpose of cooperating with other state and local
public agencies, and agencies of the United States in identifying,
detecting, controlling, and administering programs to manage and
eradicate invasive aquatic plants. The department, in consultation
with appropriate state, local, and federal agencies, may take any
action it determines is necessary to implement statewide control and
eradication measures for invasive aquatic plants.
   (b) The department shall 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, as well as 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.
   (c) (1) After consulting with the various entities as required in
subdivision (b), if the department identifies a species of invasive
aquatic plant that may need to be treated, it shall notify the
Department of Fish and Wildlife of the potential threat from that
plant species. After receipt of that notice, the Department of Fish
and Wildlife shall conduct a risk assessment of the invasive aquatic
plant species identified by the department to determine whether the
species presents a threat to the environment or economy of the state.
In making that determination, the department shall consider all of
the following:
   (A) Whether the invasive aquatic plant species may cause
environmental damage, including threats to the health and stability
of fisheries, damage to migratory and other birds' access to
waterways and nesting areas, deterioration of water quality resulting
from plant decay, and harm to native plants.
   (B) Whether the invasive aquatic plant species may cause harm to
the state's economy or infrastructure by increasing flood risk,
threatening water supplies by blocking pumps, canals, and dams
necessitating early treatment efforts.
   (C) Whether the invasive aquatic plant species may obstruct
navigation and recreational uses of waterways, and cause potential
harm to manmade facilities, including state water pumping operations.

   (2) After completing the risk assessment of aquatic invasive
plants required by paragraph (1), the Department of Fish and Wildlife
shall 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 subdivision (a).
   (d) (1) For purposes of this section, "invasive aquatic plant"
means an aquatic plant or alga that is introduced into the state
waters and is determined to be an invasive species because it is
known to be or likely to be injurious or harmful to wetland habitats
or waters of California such as rivers, streams, lakes, reservoirs,
irrigation systems, and flood control systems.
   (2) For purposes of this section, "invasive" means an organism,
including a species of plant, that has been introduced into the state
through human activity and that is injurious, or likely to cause
injury to the state's environment or economy.