BILL NUMBER: AB 2555 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Water, Parks, and Wildlife (Assembly
Members Levine (Chair), Dodd, Cristina Garcia, Gomez, Lopez, Mathis,
Medina, and Williams)
FEBRUARY 19, 2016
An act to amend Sections 2115.5 and 2301 of, and to amend and
repeal Sections 2074.2, 2074.6, 2074.8, and 2075.5 of, the Fish and
Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 2555, as introduced, Committee on Water, Parks, and Wildlife.
Fish and wildlife.
(1) The California Endangered Species Act requires the Fish and
Game Commission to establish a list of endangered species and a list
of threatened species, and requires the department to recommend, and
the commission to adopt, criteria for determining if a species is
endangered or threatened. Under the act, an interested person may
petition the commission to add a species to, or remove a species
from, either the list of endangered species or the list of threatened
species, and existing law requires the commission to consider the
petition at a meeting, as prescribed. Existing law, until January 1,
2017, establishes additional procedures for the review of a petition,
including public hearings and public comment.
This bill would extend those procedures indefinitely.
(2) Existing law requires the Department of Fish and Wildlife to
develop and implement a recovery strategy pilot program for coho
salmon. Existing law repeals the authority for the pilot program on
January 1, 2017, but requires any recovery strategy that has been
approved or implemented prior to that date to remain in effect.
The bill would extend these provisions until January 1, 2020.
(3) Existing law generally prohibits a person from possessing,
importing, shipping, or transporting in the state, or from placing,
planting, or causing to be placed or planted in any water within the
state, dreissenid mussels, and authorizes the Director of Fish and
Game or his or her designee to engage in various enforcement
activities. Existing law provides that a person who violates or
resists, delays, obstructs, or interferes with the implementation of
these provisions is subject to a penalty, in an amount not to exceed
$1,000, that is imposed administratively by the department. Existing
law exempts certain entities from enforcement activities, or from
civil or criminal liability, under prescribed circumstances. These
provisions are repealed on January 1, 2017.
This bill would extend these provisions to January 1, 2020.
Under existing law, a violation of these provisions is a crime. By
extending the operation of these provisions, this bill would impose
a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2074.2 of the Fish and Game Code, as amended by
Section 3 of Chapter 387 of the Statutes of 2013, is amended to
read:
2074.2. (a) At the meeting scheduled pursuant to Section 2074,
the commission shall hold a public hearing on the petition and shall
receive information, written or otherwise, and oral testimony. After
the conclusion of oral testimony from the commission and department
staff, the petitioner, or any other persons, the commission may close
the public hearing and administrative record for the commission's
decision pursuant to this section.
(b) After the commission closes the public hearing, the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed, no person shall submit further information
to the commission for consideration on that petition and the
commission shall not accept any further information for consideration
on that petition except as provided in subdivision (c).
(c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the commission
closes the public hearing unless one of the following occurs prior to
the commission's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petition provides sufficient information to
indicate that the petitioned action may be warranted.
(2) The commission determines that it requires further information
to evaluate whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petition provides
sufficient information to indicate that the petitioned action may be
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph. If
the commission reopens the record pursuant to this paragraph, it
shall provide an opportunity for public comment on the submitted
information prior to the issuance of its decision.
(d) In its discretion, the commission may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date, which shall be no later than 90
days after the meeting scheduled pursuant to Section 2074, and
subject to applicable notice and agenda requirements. If the
commission closes the public hearing but continues the meeting for
the purpose of deliberation, a person shall not submit, and the
commission shall not receive, further information relating to the
petition except as provided in subdivision (c).
(e) At the meeting scheduled pursuant to Section 2074 or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall consider the petition, the department's written
report, written comments received, and oral testimony provided during
the public hearing, and the commission shall make and enter in its
record one of the following findings:
(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.
(f) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 2074.2 of the Fish and Game Code, as added by
Section 4 of Chapter 387 of the Statutes of 2013, is repealed.
2074.2. (a) At the scheduled meeting, the commission shall
consider the petition, the department's written report, and comments
received, and the commission shall make and enter in its public
record one of the following findings:
(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.
(b) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
(c) This section shall become operative on January 1, 2017.
SEC. 3. Section 2074.6 of the Fish and Game Code, as amended by
Section 5 of Chapter 387 of the Statutes of 2013, is amended to read:
2074.6. (a) The department
shall promptly commence a review of the status of the species
concerned in the petition. Within 12 months of the date of
publication of a notice of acceptance of a petition for consideration
pursuant to paragraph (2) of subdivision (e) of Section 2074.2, the
department shall produce and make publicly available on the
department's Internet Web site a final written peer reviewed report,
based upon the best scientific information available to the
department, which indicates whether the petitioned action is
warranted, which includes a preliminary identification of the habitat
that may be essential to the continued existence of the species, and
which recommends management activities and other recommendations for
recovery of the species. Prior to releasing the final written
report, the department shall have a draft status review report
prepared and independently peer reviewed, and upon receiving the peer
reviewers' input, shall evaluate and respond in writing to the
independent peer review and shall amend the draft status review
report as appropriate. The revised report shall be posted on the
department's Internet Web site for a minimum of 30 days for public
review prior to the hearing scheduled pursuant to Section 2075. The
commission may grant an extension of up to six months if the director
determines an extension is necessary to complete independent peer
review of the report, and to provide a minimum of 30 days for public
review of the peer reviewed report prior to the public hearing
specified in Section 2075.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 2074.6 of the Fish and Game Code, as added by
Section 6 of Chapter 387 of the Statutes of 2013, is repealed.
2074.6. (a) The department shall promptly commence a review of
the status of the species concerned in the petition. Within 12 months
of the date of publication of a notice of acceptance of a petition
for consideration by the commission pursuant to paragraph (2) of
subdivision (a) of Section 2074.2, the department shall provide a
written report to the commission, based upon the best scientific
information available to the department, which indicates whether the
petitioned action is warranted, which includes a preliminary
identification of the habitat that may be essential to the continued
existence of the species, and which recommends management activities
and other recommendations for recovery of the species.
(b) This section shall become operative on January 1, 2017.
SEC. 5. Section 2074.8 of the Fish and Game Code, as amended by
Section 7 of Chapter 387 of the Statutes of 2013, is amended to read:
2074.8. (a) This article
does not impose any duty or obligation for, or otherwise require, the
commission or the department to undertake independent studies or
other assessments of any species when reviewing a petition and its
attendant documents and comments. However, the department shall seek
independent scientific peer review of the department's status report.
The director may approve an extension of time for completion of the
status report if necessary for the purposes of obtaining independent
peer review pursuant to Section 2074.6.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 6. Section 2074.8 of the Fish and Game Code, as added by
Section 8 of Chapter 387 of the Statutes of 2013, is repealed.
2074.8. (a) This article does not impose any duty or obligation
for, or otherwise require, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and comments.
(b) This section shall become operative on January 1, 2017.
SEC. 7. Section 2075.5 of the Fish and Game Code, as amended by
Section 9 of Chapter 387 of the Statutes of 2013, is amended to read:
2075.5. (a) At the meeting scheduled pursuant to Section 2075,
the commission shall hold a public hearing on the petition and shall
receive information, written or otherwise, and oral testimony. After
the conclusion of oral testimony from department staff, the
petitioner, or any other persons, the commission may close the public
hearing and the administrative record for the department's decision
pursuant to this section.
(b) After the commission closes the public hearing the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed a person shall not submit further
information to the department for consideration on that petition and
the commission shall not accept any further information for
consideration on that petition except as provided in subdivision (c).
(c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the department
closes the public hearing unless one of the following occurs prior to
the commission's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petitioned action is warranted.
(2) The commission determines that it requires further information
to evaluate whether the petitioned action is warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petitioned action is
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph.
(d) The commission, in its discretion, may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date which is no later than 90 days
after the meeting scheduled pursuant to Section 2075, and subject to
applicable notice and agenda requirements. If the commission closes
the public hearing but continues the meeting for the purpose of
deliberation, a person shall not submit, and the commission shall not
receive, further information relating to the petition except as
provided in subdivision (c).
(e) At the meeting scheduled pursuant to Section 2075, or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall make one of the following findings:
(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code, to add the species to, or remove the species from, the list of
endangered species or the list of threatened species. Further
proceedings of the commission on the petitioned action shall be made
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(f) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 8. Section 2075.5 of the Fish and Game Code, as added by
Section 10 of Chapter 387 of the Statutes of 2013, is repealed.
2075.5. (a) At the meeting scheduled pursuant to Section 2075,
the commission shall make one of the following findings:
(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code to add the species to, or remove the species from, the list of
endangered species or the list of threatened species. Further
proceedings of the commission on the petitioned action shall be made
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) This section shall become operative on January 1, 2017.
SEC. 9. Section 2115.5 of the Fish and Game Code is amended to
read:
2115.5. This article shall remain in effect only until January 1,
2017, 2020, and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1, 2017, 2020, deletes or
extends that date. However, this section does not apply to a recovery
strategy that is approved or implemented pursuant to this article on
or before January 1, 2017, 2020, and
those recovery strategies, and any permits or memoranda of
understanding relating thereto, shall remain effective as if this
article had not been repealed.
SEC. 10. Section 2301 of the Fish and Game Code is amended to
read:
2301. (a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the
state, dreissenid mussels.
(2) The director or his or her designee may do all of the
following:
(A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.
(B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved by
the department.
(C) Impound or quarantine conveyances in locations designated by
the department for up to five days or the period of time necessary to
ensure that dreissenid mussels can no longer live on or in the
conveyance.
(D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities be
inspected, quarantined, or disinfected in a manner and for a duration
necessary to detect and prevent the spread of dreissenid mussels
within the state.
(ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner
and duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction
shall be authorized by the director or his or her designee without
the concurrence of the Secretary of the Natural Resources Agency. If
a closure lasts longer than seven days, the department shall update
the operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department's Internet Web site in an easily accessible manner.
(iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Water Resources, the Department of
Parks and Recreation, and the State Lands Commission in the event of
a decision to close, quarantine, or restrict a facility pursuant to
this paragraph. These procedures shall include the reasons for the
closure, quarantine, or restriction, and methods for providing
updated information to those affected. These procedures shall also
include protocols for the posting of the notifications on the
department's Internet Web site required by clause (ii).
(iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus
the closure or quarantine to specific areas and facilities so as to
avoid or minimize disruption of economic or recreational activity in
the vicinity.
(b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).
(2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.
(c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code does not
apply to the implementation of this section.
(2) An action undertaken pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) involving the use of chemicals other than
salt or hot water to decontaminate a conveyance or a facility is
subject to Division 13 (commencing with Section 21000) of the Public
Resources Code.
(d) (1) A public or private agency that operates a water supply
system shall cooperate with the department to implement measures to
avoid infestation by dreissenid mussels and to control or eradicate
any infestation that may occur in a water supply system. If
dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following minimum
elements:
(A) Methods for delineation of infestation, including both adult
mussels and veligers.
(B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.
(C) A systematic monitoring program to determine any changes in
conditions.
(D) The requirement that the operator of the water supply system
permit inspections by the department as well as cooperate with the
department to update or revise control or eradication measures in the
approved plan to address scientific advances in the methods of
controlling or eradicating mussels and veligers.
(2) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control or
eradicate dreissenid mussels in accordance with paragraph (1), the
requirements of subdivision (a) do not apply to the operation of
those water delivery and storage facilities, and the operator is not
subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. The
department may require the operator of a facility to update its plan,
and if the plan is not updated or revised as described in
subparagraph (D) of paragraph (1), subdivision (a) shall apply to the
operation of the water delivery and storage facilities covered by
the plan until the operator updates or revises the plan and initiates
and complies with all of the elements of the updated or revised
plan.
(e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.
(f) (1) In addition to any other penalty provided by law, any
person who violates this section, violates any verbal or written
order or regulation adopted pursuant to this section, or who resists,
delays, obstructs, or interferes with the implementation of this
section, is subject to a penalty, in an amount not to exceed one
thousand dollars ($1,000), that is imposed administratively by the
department.
(2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the amount
of the penalty and the procedure for imposing and appealing the
penalty.
(g) The department may adopt regulations to carry out this
section.
(h) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under this
section shall not be liable with regard to any determination or
authorization made pursuant to this section.
(i) This section shall remain in effect only until January 1,
2017, 2020, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2017, 2020, deletes or
extends that date.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.