Amended in Senate April 20, 2015

Senate Bill No. 223

Introduced by Senator Galgiani

February 13, 2015

An act begin insert to amend Section 64 of, and end insert to add begin insert and repeal end insert Section 64.6 begin delete to end delete begin insert of, end insert the Harbors and Navigation Code, relating to aquatic invasive begin delete plants. end delete begin insert plants, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 223, as amended, Galgiani. Division of Boating and Waterways: oversight committee: invasive aquatic plants.

Existing law designates the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes 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, and prescribes the duties of the division with regard to the management and control or eradication of those plants.

This bill would require the division, no later than begin delete January 1, 2017, end delete begin insert 90 days after the effective date of the bill, end insert to begin delete establish end delete begin insert establish, and designate and provide staff support to, end insert an advisory and oversight committee to monitor the activities of the division relating to the management and control or eradication of those plants. begin insert The bill would require the membership of the advisory and oversight committee to include an equitable number of representatives from specified interests and would require the advisory and oversight committee to meet, at a minimum, twice per year and communicate any findings or recommendations to the division. end insert

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares all of the
following: end insert

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(a) The Sacramento-San Joaquin Delta is an invaluable
California natural resource. However, the health of the Delta is
being threatened by water hyacinth as it obstructs waterways and
marinas, consumes valuable water resources, creates human health
and safety hazards, and damages cherished natural ecosystems
by crowding out native plants and wildlife.

end insert begin insert

(b) The Division of Boating and Waterways is the lead agency
responsible for eradicating and controlling invasive aquatic plants,
such as water hyacinth, in the Delta, its tributaries, and the Suisun
Marsh.

end insert begin insert

(c) Water hyacinth is controlled by the Division of Boating and
Waterways primarily through the use of pesticides, which require
state and federal permits, approvals, and biological opinions.

end insert begin insert

(d) In 2012, the Division of Boating and Waterways failed to
obtain these permits in a timely manner and pesticide spraying
was significantly delayed, which allowed water hyacinth to grow
and multiply into dense, unsafe mats that blanketed and obstructed
several areas of the Delta.

end insert begin insert

(e) Therefore, in order to improve public transparency and
accountability, an advisory and oversight committee must be
established to monitor the activities of the Division of Boating and
Waterways relating to the management and control or eradication
of invasive aquatic plants in the Delta, its tributaries, and the
Suisun Marsh.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 64 of the end insert begin insert Harbors and Navigation Code end insert begin insert is
amended to read: end insert

64.  

(a) The Legislature hereby finds and declares that the
growth of water hyacinth (Eichhornia crassipes), Brazilian elodea
(Egeria densa), and South American spongeplant (Limnobium
laevigatum) in the Sacramento-San Joaquin Delta, its tributaries,
and the Suisun Marsh has occurred at an unprecedented level and
that the resulting accumulations of water hyacinth (Eichhornia
crassipes), Brazilian elodea (Egeria densa), and South American
spongeplant (Limnobium laevigatum) obstruct navigation, impair
other recreational uses of waterways, have the potential for
damaging manmade facilities, and may threaten the health and
stability of fisheries and other ecosystems within the begin delete delta end delete begin insert Delta end insert
and begin delete marsh. end delete begin insert the Suisun Marsh. end insert Accordingly, it is necessary that the
state, in cooperation with agencies of the United States, undertake
an aggressive program for the effective control of water hyacinth
(Eichhornia crassipes), Brazilian elodea (Egeria densa), and South
American spongeplant (Limnobium laevigatum) in the begin delete delta, end delete begin insert Delta, end insert
its tributaries, and begin delete the marsh. end delete begin insert the Suisun Marsh. end insert

(b) The department is designated as the lead agency of the state
for the purpose of cooperating with agencies of the United States
and other public agencies in controlling water hyacinth (Eichhornia
crassipes), Brazilian elodea (Egeria densa), and South American
spongeplant (Limnobium laevigatum) in the begin delete delta, end delete begin insert Delta, end insert its
tributaries, and the begin delete marsh. end delete begin insert Suisun Marsh. end insert

(c) The department, other state agencies, begin insert including, but not
limited to, the California Conservation Corps, end insert cities, counties, and
districts are hereby authorized to cooperate with one another and
with agencies of the United States in controlling water hyacinth
(Eichhornia crassipes), Brazilian elodea (Egeria densa), and South
American spongeplant (Limnobium laevigatum) in the begin delete delta, end delete begin insert Delta, end insert
its tributaries, and the begin delete marsh end delete begin insert Suisun Marsh end insert and may furnish money,
services, equipment, and other property to that end.

(d) Up to five thousand dollars ($5,000) per year of the funds
available for expenditure by the Department of Fish and Game to
implement this section shall be paid from the Harbors and
Watercraft Revolving Fund.

(e) Whenever any control program is proposed to take place in
Rock Slough, the department and the Contra Costa Water District
shall develop a memorandum of understanding establishing the
parameters of the control program. This subdivision does not apply
to any control program proposed for Sand Mound Slough.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 64.6 is added to the Harbors and Navigation
Code, to read:

64.6.  

The division shall, no later than begin delete January 1, 2017, end delete begin insert 90 days
after the effective date of the act adding this section, end insert establish an
advisory and oversight committee to monitor the activities of the
division relating to the management and control or eradication of
invasive aquatic plants in the Sacramento-San Joaquin Delta, its
tributaries, and the Suisun Marsh.

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(a) The division shall designate and provide staff support to the
advisory and oversight committee.

end insert begin insert

(b) The membership of the advisory and oversight committee
shall include an equitable number of representatives from each of
the following interests affected by invasive aquatic plants in the
Delta, its tributaries, and the Suisun Marsh:

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(1) Agriculture.

end insert begin insert

(2) Recreational boating.

end insert begin insert

(3) Commercial shipping.

end insert begin insert

(4) Business owners.

end insert begin insert

(5) California Invasive Plant Council.

end insert begin insert

(6) Research institutions.

end insert begin insert

(7) Wildlife conservation.

end insert begin insert

(8) Environment.

end insert begin insert

(9) Resource conservation districts.

end insert begin insert

(10) The general public.

end insert begin insert

(11) Local government.

end insert begin insert

(c) The advisory and oversight committee shall meet, at a
minimum, twice per year and communicate any findings or
recommendations to the division. The division shall make any such
findings or recommendations publically available on the division’s
Internet Web site.

end insert begin insert

(d) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to aid in the mitigation and control of invasive aquatic
plants that have caused significant damage to the Sacramento-San
Joaquin Delta, its tributaries, and the Suisun Marsh by obstructing
waterways and marinas, consuming valuable water resources,
creating human health and safety hazards, and damaging cherished
natural ecosystems, it is necessary that this act take effect
immediately.

end insert