BILL NUMBER: AB 763	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 12, 2013
	AMENDED IN SENATE  JULY 2, 2013
	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, when
feasible, eradication measures. The bill would also require the
department, after consulting with those entities, if it identifies a
species of aquatic plant that may  be invasive and  need to
be controlled or eradicated, to notify the Department of Fish and
Wildlife of the potential threat from that 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
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
risk assessment to specify whether the aquatic plant under
consideration has been determined to be an invasive aquatic plant.
The bill would require the Department of Fish and Wildlife, within
 30   60  days 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.  (a) (1) "Invasive aquatic plant" means an aquatic plant or
algae species, including its seeds, fragments, and other biological
materials capable of propagating, that meets the following criteria:
   (A) It is nonnative to an area.
   (B) Its establishment and spread causes or is likely to cause harm
to any of the following:
   (i) Native species and their habitat.
   (ii) The economy, including the viability of commercial,
agricultural, aquacultural, or recreational activities.
   (iii) Human health.
   (2) For purposes of this section, "invasive" denotes the
uncontrolled or unintended spread of the species into a nonnative
environment.
   (b) 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.   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, 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. 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 aquatic
plant that may  be invasive and  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 aquatic plant species identified by the
department to determine whether the plant species  is invasive
and  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 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) 
    (   A)  Whether the aquatic plant species may
obstruct navigation and recreational uses of waterways. 
   (B) Whether the 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. 
   (C) Whether the 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.
   (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) Within  30   60  days 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)  (1)    For purposes of this
section, "invasive aquatic plant" means an aquatic plant or algae
species, including its seeds, fragments, and other biological
materials capable of propagating  ,  that 
meets the following criteria:   species, whose
proliferation or dominant colonization of an area causes or is likely
to cause economic or environmental harm or harm to human health.
 
   (A) It is nonnative to an area.  
   (B) Its establishment and spread causes or is likely to cause harm
to any of the following:  
   (i) Native species and their habitat.  
   (ii) The economy, including the viability of commercial,
agricultural, aquacultural, or recreational activities. 

   (iii) Human health.  
   (2) For purposes of this section, "invasive" denotes the
uncontrolled or unintended spread of the species into a nonnative
environment. 
   (e) 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 and other state,
local, and federal agencies pursuant to subdivision (c). 
   (f) This section 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.