BILL NUMBER: AB 763 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2013
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 21, 2013
An act to add Section Sections 17.5 and
48.5 to the Fish and Game Code, and to add Section 64.5 to the
Harbors and Navigation Code, relating to aquatic invasive plants
and other aqua tic pest plants .
LEGISLATIVE COUNSEL'S DIGEST
AB 763, as amended, Buchanan. Aquatic invasive plants and
other aquatic pest 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 manage and, when
feasible, eradicate invasive aquatic plants and other
aquatic pest plants , as defined , in the Sacramento-San
Joaquin Delta, its tributaries, and the Suisun Marsh . The bill
would authorize the department, in consultation with appropriate
state, local, and federal agencies, and after the Department of
Fish and Wildlife concurs upon completion of a specified assessment
described in the bill, to take any such
action it determines is necessary to implement
statewide management and eradication control and, when
feasible, eradication measures for those invasive aquatic
plants and other aquatic pest 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
and aquatic pest plants, to determine which species of those
plants should be given the highest priority for treatment,
and determine the best methods of
implementing identification, control measures ,
and determine any feasible eradication measures. The bill
would also require the department, after consulting with those
entities, if it identifies a species of invasive aquatic plant
or other aquatic pest plant that may need to be
treated controlled , to notify the Department of
Fish and Wildlife of the potential threat from that invasive
aquatic plant or other aquatic pest plant species.
The
The bill would require the Department of Fish and
Wildlife, after receipt of that notice, in consultation with
other appropriate local, state, and federal agencies, to
conduct a risk assessment of that invasive aquatic plant or
other aquatic pest plant species to determine whether the
plant species presents a threat to the environment or economy
of the state , as determined by
after 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
and, when feasible, eradicate an invasive aquatic
plant or other aquatic pest plant , as authorized under
the bill. The bill would also define the terms, "invasive
aquatic plant," "invasive species," and "aquatic pest plant," for
purposes of the Fish and Game Code.
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 aquatic
plants have and other aquatic pest
plants has been a continuing problem in the Sacramento-San
Joaquin Delta and in waterwaysand lakes throughout the state
, its tributaries, and the Suisun Marsh
.
(b) Invasive aquatic plants and other aquatic pest plants can
obstruct navigation in the state's waterways
and pose a threat to fisheries and other ecosystems in
the Sacramento-San Joaquin Delta, its tributaries, and the marsh
.
(c) Coordinated, early-stage treatment of invasive aquatic plants
and other aquatic pest 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 , and management
, and eradication of invasive aquatic plants
and other aquatic pest plants , instead of requiring that the
department undertake legislative action each time an agency
identifies a new species of invasive aquatic plant or other a
quatic pest plant , would enable the state to more
effectively manage and control invasive aquatic plants on a
statewide basis and other aquatic pest plants in the
Sacramento-San Joaquin Delta, and its tributaries, and the Suisun
Marsh. Management actions should include the control and maintenance
of nonproblematic conditions, and eradication where feasible and
cost-effective .
SEC. 2. Section 17.5 is added to the
Fish and Game Code , to read:
17.5. "Aquatic pest plant" means a plant or alga that is native
to California that can cause environmental harm.
SEC. 3. Section 48.5 is added to the
Fish and Game Code , to read:
48.5. (a) "Invasive aquatic plant" means an aquatic plant or alga
that is introduced into the state waters and is determined to be an
invasive species through the risk assessment required to be completed
by the department pursuant to subdivision (c) of Section 64.5 of the
Harbors and Navigation Code to be an invasive species, as defined in
subdivision (b).
(b) "Invasive species" means an organism, 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.
SEC. 2. SEC. 4. 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 manage and, when feasible, eradicate
invasive aquatic plants and other aquatic pest plants in
the Sacramento-San Joaquin Delta, its tributaries, and the Suisun
Marsh . The department, in consultation with appropriate state,
local, and federal agencies, may take any
such action it determines is necessary , after the
Department of Fish and Wildlife concurs upon completion of the risk
assessment described in subdivision (c), to implement
statewide control and eradication
and, when feasible, eradication measures for invasive aquatic
plants and other aquatic pest plants . Any actions
taken to control invasive aquatic plants or aquatic pest plants shall
be in compliance with all applicable laws and regulations and
conducted in an environmentally sound manner.
(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 and
other aquatic pest plants to determine which species of those
plants should be given the highest priority for treatment,
and determine the best methods of
implementing identification, control measures ,
and determine any feasible 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 or other aquatic pest plant that may need to
be treated controlled , 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 , in consultation with other appropriate
local, state, and federal agencies, including, but not limited to,
the Department of Water Resources, the State Water Resources Control
Board, the Department of Pesticide Regulation, and the Office of
Environmental Health Hazard Assessment, shall conduct a risk
assessment of the invasive aquatic plant or other aquatic pest
plant species identified by the department to determine whether
the plant species presents a threat to the environment or
economy of the state. economy. In
making that determination, the department shall take prompt
action to minimize detrimental impacts and costs of management, and
shall consider all of the following:
(A) Whether the invasive aquatic plant species or other
aquatic pest plant 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
or other aquatic pest plant species may cause harm to the
state's economy or , infrastructure
, or manmade facilities such as state water storage facilities
and pumping operations, by increasing flood risk, threatening
water supplies by blocking pumps, canals, and dams necessitating
early treatment control efforts.
(C) Whether the invasive aquatic plant or other aquatic pest
plant species may obstruct navigation and recreational uses of
waterways , and cause potential harm to manmade facilities,
including state water pumping operations .
(2) Based on factors specified in subparagraphs (A), (B), and (C)
of paragraph (1) and any other environmental or economic impacts, the
risk assessment shall specify whether the plant species under
consideration has been determined to be an invasive aquatic plant or
other aquatic pest plant, or neither of those types of plants.
Findings from the risk assessment shall be documented in a way that
makes clear the severity and types of impacts caused by a plant
species determined to be an invasive aquatic plant or other aquatic
pest plant.
(2)
(3) 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 , and when feasible,
eradicate an invasive aquatic plant or other
aquatic pest 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 through the risk assessment completed
pursuant to subdivision (c) 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
, as defined in paragraph (2) .
(2) For purposes of this section, "invasive species "
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.
(3) For the purposes of this section, an "aquatic pest plant"
means a plant or alga that is native to California that can cause
environmental harm.
(e) This section does not require the department to attempt
eradication of any of the plants specified in Section 64.