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 90 days after the effective date of the bill, to establish, and designate and provide staff support to, an advisory and oversight committee tobegin insert evaluate andend insert monitor the activities of the division relating to the management and control or eradication of those plants. 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The Sacramento-San Joaquin Delta is an invaluable
4California natural resource. However, the health of the Delta is
5being threatened by water hyacinth as it obstructs waterways and
6marinas, consumes valuable water resources, creates human health
7and safety hazards, and damages cherished natural ecosystems by
8crowding out native plants and wildlife.
9(b) The Division of Boating and Waterways is the lead agency
10responsible for eradicating and controlling invasive aquatic plants,
11such as water hyacinth, in the Delta, its
tributaries, and the Suisun
12Marsh.
13(c) Water hyacinth is controlled by the Division of Boating and
14Waterways primarily through the use of pesticides, which require
15state and federal permits, approvals, and biological opinions.
16(d) In 2012, the Division of Boating and Waterways failed to
17obtain these permits in a timely manner and pesticide spraying
18was significantly delayed,begin delete whichend deletebegin insert which, in combination with other
19factors,end insert allowed water hyacinth to grow and multiply into dense,
20unsafe mats that blanketed and obstructed several areas of the
21Delta.
22(e) Therefore, in order to improve public transparency and
23accountability, an advisory and oversight committee must be
24established tobegin insert evaluate andend insert monitor the activities of the Division
25of Boating and Waterways relating to the management and control
26or eradication of invasive aquatic plants in the Delta, its tributaries,
27and the Suisun Marsh.
Section 64 of the Harbors and Navigation Code is
29amended to read:
(a) The Legislature hereby finds and declares that the
31growth of water hyacinth (Eichhornia crassipes), Brazilian elodea
32(Egeria densa), and South American spongeplant (Limnobium
33laevigatum) in the Sacramento-San Joaquin Delta, its tributaries,
P3 1and the Suisun Marsh has occurred at an unprecedented level and
2that the resulting accumulations of water hyacinth (Eichhornia
3crassipes), Brazilian elodea (Egeria densa), and South American
4spongeplant (Limnobium laevigatum) obstruct navigation, impair
5other recreational uses of waterways, have the potential for
6damaging manmade facilities, and may threaten the health and
7stability of fisheries and other ecosystems within the Delta and the
8Suisun Marsh. Accordingly, it is necessary that the state, in
9
cooperation with agencies of the United States, undertake an
10aggressive program for the effective control of water hyacinth
11(Eichhornia crassipes), Brazilian elodea (Egeria densa), and South
12American spongeplant (Limnobium laevigatum) in the Delta, its
13tributaries, and the Suisun Marsh.
14(b) The department is designated as the lead agency of the state
15for the purpose of cooperating with agencies of the United States
16and other public agencies in controlling water hyacinth (Eichhornia
17crassipes), Brazilian elodea (Egeria densa), and South American
18spongeplant (Limnobium laevigatum) in the Delta, its tributaries,
19and the Suisun Marsh.
20(c) The department, other state agencies, including, but not
21limited to, the California Conservation Corps, cities, counties, and
22districts are hereby
authorized to cooperate with one another and
23with agencies of the United States in controlling water hyacinth
24(Eichhornia crassipes), Brazilian elodea (Egeria densa), and South
25American spongeplant (Limnobium laevigatum) in the Delta, its
26tributaries, and the Suisun Marsh and may furnish money, services,
27equipment, and other property to that end.
28(d) Up to five thousand dollars ($5,000) per year of the funds
29available for expenditure by the Department of Fish and Game to
30implement this section shall be paid from the Harbors and
31Watercraft Revolving Fund.
32(e) Whenever any control program is proposed to take place in
33Rock Slough, the department and the Contra Costa Water District
34shall develop a memorandum of understanding establishing the
35parameters of the control program. This
subdivision does not apply
36to any control program proposed for Sand Mound Slough.
Section 64.6 is added to the Harbors and Navigation
38Code, to read:
The division shall, no later than 90 days after the effective
40date of the act adding this section, establish an advisory and
P4 1oversight committee tobegin insert evaluate andend insert monitor the activities of the
2division relating to the management and control or eradication of
3invasive aquatic plants in the Sacramento-San Joaquin Delta, its
4tributaries, and the Suisun Marsh.
5(a) The division shall designate and provide staff support to the
6advisory and oversight committee.
7(b) The membership of the advisory and oversight committee
8shall include an
equitable number of representatives from each of
9the following interests affected by invasive aquatic plants in the
10Delta, its tributaries, and the Suisun Marsh:
11(1) Agriculture.
12(2) Recreational boating.
13(3) Commercial shipping.
14(4) Business owners.
15(5) California Invasive Plant Council.
16(6) Research institutions.
17(7) Wildlife conservation.
18(8) Environment.
19(9) Resource conservation districts.
20(10) The general public.
21(11) Local government.
22(c) The advisory and oversight committee shall meet, at a
23minimum, twice per year and communicate any findings or
24recommendations to the division. The division shall make any
25such findings or recommendations publically available on the
26division’s Internet Web site.
27(d) This section shall remain in effect only until January 1, 2019,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2019, deletes or extends that date.
This act is an urgency statute necessary for the
31immediate preservation of the public peace, health, or safety within
32the meaning of Article IV of the Constitution and shall go into
33immediate effect. The facts constituting the necessity are:
34In order to aid in the mitigation and control of invasive aquatic
35plants that have caused significant damage to the Sacramento-San
36Joaquin Delta, its tributaries, and the Suisun Marsh by obstructing
37waterways and marinas, consuming valuable water resources,
38creating human health and safety hazards, and damaging cherished
P5 1natural ecosystems, it is necessary that this act take effect
2immediately.
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