Amended in Senate September 3, 2013

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

California Legislature—2013–14 Regular Session

Assembly Bill No. 763

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 amended, Buchanan. Aquatic invasive plants: control and eradication.

Existing law designates the begin delete Department end delete begin insert Division end insert 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 begin delete department end delete begin insert division end insert to furnish money, services, equipment, and other property for the control of those invasive plants.

This bill would additionally designate the begin delete department end delete begin insert division end insert 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 begin delete department end delete begin insert division end insert , 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 begin delete department end delete begin insert division end insert 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 begin delete department, end delete begin insert division, end insert 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 60 days after completing that assessment, to report its findings to the begin delete department end delete begin insert division end insert so that the begin delete department end delete begin insert division end insert may take any necessary action to control and, when feasible, 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 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 begin delete Department end delete begin insert Division end insert 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 begin delete department end delete begin insert division end insert 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 64.5 is added to the Harbors and Navigation
Code, to read:

64.5.  

(a) The begin delete department end delete begin insert division end insert 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 begin delete department, end delete begin insert division, end insert 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 begin delete department end delete begin insert division end insert 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 begin delete department end delete begin insert division end insert identifies a species of
aquatic plant that may be invasive and need to be controlled or
eradicated, the begin delete department end delete begin insert division end insert shall notify the Department of
Fish and Wildlife of the potential threat from that begin insert aquatic end insert 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 begin delete department end delete begin insert division end insert to determine whether
the plant species is invasive and presents a threat to the
environment, economy, or human health. In making that
determination, the begin delete department end delete begin insert Department of Fish and Wildlife end insert
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 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 60 days after completing the risk assessment required
by paragraph (1), the Department of Fish and Wildlife shall report
its findings to the begin delete department end delete begin insert division end insert so that the begin delete department end delete
begin insert division end insert 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 algae species, including its seeds, fragments,
and other biological materials capable of propagating that species,
whose proliferation or dominant colonization of an area causes or
is likely to cause economic or environmental harm or harm to
human health.

(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 begin delete department end delete begin insert division end insert
and other state, local, and federal agencies pursuant to subdivision
(c).