Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-1587 Invasive species: dreissenid mussels.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/29/2017 09:00 PM
AB1587:v93#DOCUMENT

Amended  IN  Senate  June 29, 2017
Amended  IN  Senate  June 20, 2017
Amended  IN  Senate  June 19, 2017
Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  May 10, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1587


Introduced by Assembly Member Levine

February 17, 2017


An act to amend Section 2301 of the Fish and Game Code, and to amend Section 676 of, and to add Section 675.5 to, the Harbors and Navigation Code, relating to invasive species.


LEGISLATIVE COUNSEL'S DIGEST


AB 1587, as amended, Levine. Invasive species: dreissenid mussels.
Existing law, until January 1, 2020, 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 Wildlife or his or her designee to engage in various enforcement activities with regard to dreissenid mussels. Among those activities, existing law authorizes the director to conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels and, if those mussels are detected or may be present, order the closure of the waters or facilities to conveyances or otherwise restrict access to the waters or facilities, with the concurrence of the Secretary of the Natural Resources Agency.
This bill would also authorize a peace officer to engage in certain of these enforcement activities, as prescribed, and would extend to January 1, 2023 2023, the repeal date of those provisions.
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.
Existing law requires any person, or federal, state, or local agency, district, or authority, that owns or manages a reservoir, as defined, where certain recreational activities are permitted, except a privately owned reservoir that is not open to the public, and where nonnative dreissenid mussels have not been detected, to assess the vulnerability of the reservoir for the introduction of nonnative dreissenid mussel species and to develop and implement a program designed to prevent the introduction of that species.
Existing law requires the owner of a vessel, as described, to register the vessel in accordance with prescribed requirements. Existing law establishes a registration fee for vessels. Existing law imposes an additional fee, known as the quagga and zebra mussel infestation prevention fee, in specified amounts, as determined by the Division of Boating and Waterways, on a vessel required to pay that fee, and requires funds from the fee, upon appropriation by the Legislature, to be used to, among other things, implement and administer dreissenid mussel monitoring, inspection, and infestation prevention programs, as prescribed. Existing law requires the division to award grants from those funds to entities that own or manage reservoirs described above for the reasonable regulatory costs incident to the implementation of a dreissenid mussel infestation prevention plan.
This bill would authorize the Division of Boating and Waterways to award grants from funds generated from the quagga and zebra mussel prevention infestation fee to those entities, including a local sponsor of a reservoir owned or operated by a federal agency, district, or authority, required by the director to implement a dreissenid mussel infestation prevention plan and to those entities required to implement a dreissenid mussel control program, for the reasonable regulatory costs to implement the plan or program, as specified.
This bill would additionally impose a quagga and zebra mussel infestation prevention fee, in an amount to be determined by the division not to exceed a maximum annual amount of $50, on a nonresident owner of a vessel to be paid by that owner before placing the vessel on the waterways of the state. The bill would require the division to prescribe procedures for the collection and use of those fees. The bill would require that all revenues collected from the fee be deposited into the Harbors and Watercraft Revolving Fund and used for the dreissenid mussel control program.
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   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Quagga and zebra mussels, nonnative dreissenid mussels introduced in the United States from Europe in 1988, pose an immediate and significant threat to California’s water supply, flood control, power generation, and aquatic recreation infrastructure.
(b) California law generally makes it unlawful to 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.
(c) The quagga and zebra mussel infestation prevention fee is an additional fee imposed on the boater registration fee that funds a program administered by the Division of Boating and Waterways to prevent the spread of quagga and zebra mussels in the state. The division uses a portion of the funds to award grants to owners or managers of certain reservoirs to develop and implement a program designed to prevent the spread of quagga and zebra mussels through activities including watercraft inspection, the use of decontamination processes and units, and the implementation of banding programs. This funding is only available to owners or managers of water bodies where quagga or zebra mussels have not been detected.
(d) Despite the existing law and prevention activity, quagga and zebra mussels continue to spread in the state.
(e) On December 8, 2016, six adult quagga mussels were discovered by the Department of Water Resources in the Angeles Tunnel, a pipeline that moves water from Pyramid Lake to Elderberry Forebay and subsequently to Castaic Lake in the County of Los Angeles.
(f) On December 15, 2016, the Metropolitan Water District of Southern California and the Los Angeles Department of Water and Power discovered two adult quagga mussels at the Castaic Power Plant at the northern end of Elderberry Forebay, which is currently dewatered. This incident is the first known finding of quagga or zebra mussels in a water body that is part of the State Water Project.
(g) It is in the state’s interest to prevent quagga and zebra mussels from spreading farther into the State Water Project by authorizing the Division of Boating and Waterways to provide grants for controlling the spread of quagga or zebra mussels to the owners or managers of certain reservoirs where quagga or zebra mussels have been detected.

SEC. 2.

 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 or any peace officer 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. A closure, quarantine, or restriction shall not 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 mussel 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) (i) Methods for decontamination of conveyances exiting a water body that allows for the mooring of conveyances.
(ii) For purposes of this subparagraph, “mooring” means the docking, securing, or anchoring of a conveyance for a period of more than 24 hours at a structure located adjacent to or in a water body, including, but not limited to, piers, docks, or public or private marinas.
(D) A systematic monitoring program to determine any changes in conditions.
(E) 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, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.

SEC. 3.

 Section 675.5 is added to the Harbors and Navigation Code, to read:

675.5.
 (a) (1) In addition to the fee imposed pursuant to Section 675, there shall also be imposed a quagga and zebra mussel infestation prevention fee, in an amount to be determined by the division, not to exceed a maximum annual amount of fifty dollars ($50), on a nonresident owner of a vessel required to be paid by that owner before placing the vessel on the waterways of this state.
(2) An employee of the division or any peace officer may take action to enforce the requirement prescribed in paragraph (1).
(b) Upon payment of the fee required pursuant to subdivision (a), the division shall issue the nonresident vessel owner a proof of payment document or sticker valid for one year that shall be carried or displayed on the vessel at all times that the vessel is underway, moored, or anchored on the waterways of this state.
(c) The division shall prescribe procedures for the collection and use of the nonresident quagga and zebra mussel infestation prevention fee for the purposes of this article.
(d) All revenues collected from the fee shall be deposited into the Harbors and Watercraft Revolving Fund, and shall be expended solely for the purposes set forth in Section 676.
(e) The fee established by this section does not apply to vessels that are used exclusively in marine waters or to nonrecreational or commercial motorized watercraft.

SEC. 4.

 Section 676 of the Harbors and Navigation Code is amended to read:

676.
 (a) All moneys deposited in the Harbors and Watercraft Revolving Fund pursuant to Sections 675 and 675.5 shall be available, upon appropriation by the Legislature, for the following purposes:
(1) For reasonable costs incurred by the division associated with determining the prevention fee and adoption of regulations pursuant to Section 675, determining and collecting the prevention fee pursuant to Section 675.5, and with administering the grants pursuant to subdivision (b).
(2) (A) For reasonable costs, not to exceed 15 percent of the remaining revenues deposited into the fund, of the Department of Fish and Wildlife for implementation of subparagraph (A) or (C) of paragraph (2) of, or paragraph (1) of, subdivision (a) of Section 2301 or Section 2302 of the Fish and Game Code in those areas of the state where a dreissenid mussel infestation prevention plan has not been implemented.
(B) The amount specified in subparagraph (A) is in addition to moneys available pursuant to subdivision (d) of Section 85.2.
(3) An amount not less than 85 percent of the remaining revenues deposited into the fund shall be made available for both of the following:
(A) Grants to entities subject to subdivision (a) of Section 2302 of the Fish and Game Code, including a local sponsor of a reservoir owned or operated by a federal agency, district, or authority, for the reasonable regulatory costs incident to the implementation of a dreissenid mussel infestation prevention plan implemented either before or after January 1, 2013, that is consistent with the requirements of Section 2302 of the Fish and Game Code.
(B) Grants to entities that own or manage a reservoir described in subdivision (a) of Section 2302 of the Fish and Game Code in which dreissenid mussels have been detected for the reasonable regulatory costs to implement a dreissenid mussel control program pursuant to subdivision (d) of Section 2301 of the Fish and Game Code that includes use of a decontamination process.
(b) For the purposes of awarding grants pursuant to subparagraph (A) of paragraph (3) of subdivision (a), the division shall do all of the following:
(1) Give priority to dreissenid mussel infestation prevention plans that are consistent with Section 2302 of the Fish and Game Code and that also include visual and manual inspection standards and other infestation prevention procedures consistent with either the Department of Fish and Wildlife’s Natural Resources Agency’s Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agency’s State of California’s Aquatic Invasive Species Management Plan, dated January 2008, or subsequently adopted guidebooks and management plans.
(2) Take into consideration the benefits of regional-scale dreissenid mussel infestation prevention plans.
(3) Take into consideration the unique economic, ecological, and recreational impacts to rural and urban reservoirs from dreissenid mussel infestation.
(c) For purposes of this article, reasonable regulatory costs include, but are not limited to, costs associated with the investigation and inspection of a conveyance for the presence of dreissenid mussels prior to contact with a reservoir, as defined in Section 6004.5 of the Water Code, and the decontamination of conveyances before and after contact with a reservoir. None of the revenues collected pursuant to subdivision (a) of Section 675 shall be used for any purpose other than those explicitly authorized by this section.
(d) For the purposes of this section, conveyances include boats and other watercraft, and associated vehicles, containers, and trailers that may carry or contain adult or larval dreissenid mussels.
(e) As a condition of receiving grant funding pursuant to this section, an entity shall report to the division data, as deemed appropriate by the division, regarding dreissenid mussel prevention and inspection programs or dreissenid mussel control programs implemented with the funding, as applicable.

SEC. 5.

 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.