BILL NUMBER: AB 763	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2013
	AMENDED IN ASSEMBLY  MAY 29, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013
	AMENDED IN ASSEMBLY  MARCH 18, 2013

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 21, 2013

   An act to add Section 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.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 763, as amended, 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,
local, and federal agencies in identifying, detecting, controlling,
and administering programs to manage invasive aquatic 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
upon concurrence from the Department of Fish and Wildlife following
the completion of a specified assessment described in the bill, to
take such action it determines is necessary to implement control and,
when feasible, 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 authority over the control of invasive aquatic plants, to
determine which species of those plants should be given the highest
priority for management and to determine the best control, 
and   and,  when feasible, 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 controlled or eradicated, to notify the
Department of Fish and Wildlife of the potential threat from that
invasive aquatic plant.
   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 species to determine whether the plant species
presents a threat to the environment, economy, or human health, as
determined 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 and, when
feasible, eradicate an invasive aquatic plant, as authorized under
the bill. The bill would also define the term "invasive aquatic 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 invasive aquatic plants is a continuing problem
in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun
Marsh.
   (b) Invasive aquatic plants impact the Sacramento-San Joaquin
Delta, its tributaries, and the Suisun Marsh by creating navigational
obstructions and hazards for boats and other watercraft; impairing
recreational activities such as swimming, fishing, and hunting;
damaging water supply infrastructure and flood protection systems;
altering water quality; and degrading the physical and chemical
characteristics of fish and wildlife habitat.
   (c) Coordinated, early-stage response to introductions of invasive
aquatic plants is critical to long-term control and management of
those invasive species to protect the state's environment, economy,
and human health from harmful impacts of those invasive species.
   (d) Authorizing the Department of Boating and Waterways to
cooperate with other state, federal, and local agencies in the
identification and management of invasive aquatic plants in-lieu of
requiring that the department undertake legislative action each time
a new species of invasive aquatic plant is identified, would enable
the state to manage and control invasive aquatic plants in the
Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh
in a more cost-efficient and effective manner than is currently
implemented.
  SEC. 2.  Section 48.5 is added to the Fish and Game Code, to read:
   48.5.  "Invasive aquatic plant" means an aquatic plant or alga,
including its seeds, fragments, and other biological materials
capable of propagating that plant or alga, that is usually not native
to an area, and whose establishment and spread causes or is likely
to cause harm to native species and their habitat; the economy,
including the viability of commercial, agricultural, aquacultural, or
recreational activities; and human health. Aquatic plants shall be
determined to be invasive through the risk assessment required to be
completed by the department in consultation with the Department of
Boating and Waterways and other state, local, and federal agencies
pursuant to subdivision (c) of Section 64.5 of the Harbors and
Navigation Code.
  SEC. 3.  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, local, and
federal agencies in identifying, detecting, controlling, and
administering programs to manage invasive aquatic 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 such action it determines is necessary,
upon concurrence from the Department of Fish and Wildlife following
the completion of the risk assessment described in subdivision (c),
to implement control and, when feasible, eradication measures for
invasive aquatic  plants.   plants.  Any
actions taken to control invasive aquatic 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 authority
over the control of invasive aquatic plants to determine which
species of those plants should be given the highest priority for
management and determine the best control and, when 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 that may need to be controlled or eradicated, the
department 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 Food and Agriculture, 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  plantspecies 
 plant species  identified by the department to determine
whether the plant species presents a threat to the environment,
economy, or human health. 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 may obstruct
navigation and recreational uses of waterways.  
   (A) 
    (   B)  Whether the invasive aquatic plant
species may cause environmental damage, including threats to the
health and stability of fisheries, impairment to birds' access to
waterways and nesting, roosting, and foraging areas, deterioration of
water quality resulting from plant decay, and harm to native plants.

   (B) 
    (   C)  Whether the invasive aquatic plant
species may cause harm to the state's economy, 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 control efforts.

   (C) Whether the invasive aquatic plant species may obstruct
navigation and recreational uses of waterways. 
   (2) Based on factors specified in subparagraphs (A), (B), and (C)
of paragraph (1) and any other environmental, economic, or human
health impacts, the risk assessment shall specify whether the plant
species under consideration has been determined to be an invasive
aquatic plant. Findings from the risk assessment shall be documented
in a way that clearly describes the severity and types of impacts
caused by a plant species determined to be an invasive aquatic plant.

   (3) After completing the risk assessment 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 and, when feasible, eradicate an invasive aquatic plant,
as authorized under subdivision (a).
   (d) For purposes of this section, "invasive aquatic plant" means
an aquatic plant or alga, including its seeds, fragments, and other
biological materials capable of propagating that plant or alga, that
is usually not native to an area, and whose establishment and spread
causes or is likely to cause harm to native species and their
habitat; the economy, including the viability of commercial,
agricultural, aquacultural, or recreational activities; and human
health. Aquatic plants shall be determined to be invasive through the
risk assessment required to be completed by the Department of Fish
and Wildlife in consultation with the  Department of Boating
and Waterways   department  and other state, local,
and federal agencies pursuant to subdivision (c).
   (e) This section  does not require the department to
attempt eradication of  shall not be construed to imply
that  water hyacinth (Eichhornia crassipes) or Brazilian elodea
(Egeria densa)  can be successfully eradicated  . 
However, control of these populations shall be attempted pursuant to
Section 64.  Eradication of South American spongeplant
(Limnobium laevigatum) populations shall be attempted when detected
to the extent feasible.