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AB-2470 Invasive Species Council of California: California Invasive Species Advisory Committee.(2017-2018)

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Date Published: 06/13/2018 09:00 PM
AB2470:v96#DOCUMENT

Amended  IN  Senate  June 13, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 04, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2470


Introduced by Assembly Members Grayson and Gonzalez Fletcher

February 14, 2018


An act to add Division 37.5 (commencing with Section 72000) to the Public Resources Code, relating to invasive species. An act to amend Section 7271 of, and to add Part 4.5 (commencing with Section 7700) to Division 4 of, the Food and Agricultural Code, relating to invasive species.


LEGISLATIVE COUNSEL'S DIGEST


AB 2470, as amended, Grayson. Invasive species. Invasive Species Council of California: California Invasive Species Advisory Committee.
(1) Under existing law, the Department of Food and Agriculture is designated as the lead department in noxious weed management, and requires the department, in cooperation with the Secretary of the Natural Resources Agency, to implement provisions relating to noxious weed management.
This bill would establish the Invasive Species Council of California, with a prescribed membership, to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to provide for the control or eradication of invasive species already established in the state, as specified.
This bill would establish the California Invasive Species Advisory Committee, with a prescribed membership, to advise the council on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause, as specified.
This bill would require the council and the advisory committee to coordinate with state and local public agencies, publicly funded educational institutions, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers.
(2) Existing law creates the Noxious Weed Management Account in the Department of Food and Agriculture Fund, and provides for the allocation of those moneys, by percentage, for specified purposes, including control and abatement and research, and to the department for purposes of carrying out those provisions relating to noxious weed management.
This bill would establish the Invasive Species Fund, and moneys in the fund would be available, upon appropriation, to the council for the purposes of funding invasive species projects and activities recommended by the advisory committee
This bill would revise the purposes for which 20% of the moneys in the Noxious Weed Management Account are to be allocated for research to instead be made available through a grant program administered by the department for proposals evaluated in consultation with the advisory committee and the Range Management Advisory Committee, with an emphasis placed on the funding of needs-based, applied and practical research, as specified.
This bill would authorize moneys from the Noxious Weed Management Account to be available, upon appropriation, to the Secretary of Food and Agriculture for allocation to projects for the control and abatement of noxious and invasive weeds.
This bill would authorize the secretary to allocate moneys, upon appropriation, to the University of California, Agriculture and Natural Resources, or another qualified academic or research institution for invasive species research and outreach activities that are coordinated with the council and recommended by the advisory committee.

Existing law regulates the discharge of nonindigenous species into the waters of the state or into waters that may impact waters of the state, through ballast water management requirements.

This bill would establish the Invasive Species Council of California, composed as prescribed, to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to provide for the control or eradication of invasive species already established in the state. The bill would establish a California Invasive Species Advisory Committee to advise the council on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause. The bill would establish the Invasive Species Fund and, upon appropriation by the Legislature, moneys in the fund would be available for the purposes of funding invasive species projects. The bill would provide that upon appropriation by the Legislature, funding would be available to the University of California for invasive species research and outreach activities that are coordinated with the council and recommended by the committee.

Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management and provides for the formation of a weed management area. Under existing law, a weed management area is a local organization that brings together all interested landowners, land managers, special districts, and the public in a county or other geographical area for the purpose of coordinating and combining their action and expertise to deal with their common weed control problems.

This bill would provide that, upon appropriation by the Legislature, funding would be available to the Secretary of Food and Agriculture to be allocated to the Noxious Weed Management Account for projects for the control and abatement of noxious and invasive weeds.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 7271 of the Food and Agricultural Code is amended to read:

7271.
 (a) The Legislature designates the Department of Food and Agriculture department as the lead department in noxious weed management and the department is responsible for the implementation of this article in cooperation with the Secretary of the Natural Resources Agency.
(b) There is hereby created in the Department of Food and Agriculture Fund the Noxious Weed Management Account.
(c) Funds Moneys appropriated for expenditure by the secretary for the purposes of this article may be spent without regard to fiscal year and shall be allocated as follows:
(1) Sixty percent of the moneys in the account shall be made available to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds according to an approved integrated weed management plan. These control moneys shall be made available through a grant program administered by the department. Proposals shall be evaluated based on the strategic importance for local and regional eradication of high priority noxious and invasive weeds.
(2) (A) Twenty percent shall be made available toward research on the biology, ecology, or management of noxious and invasive weeds, and weeds; the mapping, risk assessment, and prioritization of weeds. weeds; and the prevention of weed introduction and spread. These research moneys shall be made available to qualified researchers applicants through a grant program administered by the department. Proposals shall be evaluated in consultation with the California Invasive Species Advisory Committee, established pursuant to Section 7702, and the Range Management Advisory Committee, established pursuant to Section 741 of the Public Resources Code, with an emphasis placed on funding of needs-based, applied and practical research.
(B) For purposes of this paragraph, a qualified applicant includes nonprofits, publicly funded educational institutions, state and local agencies, and California Native American tribes.
(3) Twenty percent shall be made available to the department, and shall only be used for the following purposes:
(A) Carrying out the provisions of this article.
(B) Developing noxious weed control strategies.
(C) Seeking new, effective biological control agents for the long-term control of noxious weeds.
(D) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.
(E) Appointing a noxious weed coordinator and weed mapping specialist to assist in weed inventory, mapping, and control strategies.

SEC. 2.

 Part 4.5 (commencing with Section 7700) is added to Division 4 of the Food and Agricultural Code, to read:

PART 4.5. Invasive Species Council of California

7700.
 (a) There is in state government the Invasive Species Council of California. The purpose of the council is to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to provide for the control or eradication of invasive species already established in the state. The council shall address nonnative organisms that cause economic or environmental harm. Invasive species within the scope of the council’s duties do not include humans, domestic livestock, domestic or domesticated species exempted pursuant to Section 2118 of the Fish and Game Code, or nonharmful exotic organisms.
(b) The Invasive Species Council of California shall consist of the following six members:
(1) The secretary or his or her designated representative.
(2) The Secretary of the Natural Resources Agency or his or her designated representative.
(3) The Secretary for Environmental Protection or his or her designated representative.
(4) The Secretary of Transportation or his or her designated representative.
(5) The Secretary of California Health and Human Services or his or her designated representative.
(6) The Director of Emergency Services or his or her designated representative.
(c) The Secretary of the Natural Resources Agency, or his or her designated representative, and the secretary, or his or her designee, shall serve as co-chairs of the council.
(d) The Invasive Species Council of California shall meet annually and as needed as determined by the co-chairs.
(e) The Invasive Species Council of California shall select an executive director and a liaison to further the purposes of this part.

7702.
 (a) There is in state government the California Invasive Species Advisory Committee. The purpose of the committee is to advise the Invasive Species Council of California on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause.
(b) The California Invasive Species Advisory Committee shall consist of the following 19 members:
(1) Four members designated by the secretary.
(2) Four members designated by the Secretary of the Natural Resources Agency or his or her designated representative.
(3) One member appointed by the Secretary for Environmental Protection or his or her designated representative.
(4) One member appointed by the Secretary of Transportation or his or her designated representative.
(5) One member appointed by the Secretary of California Health and Human Services or his or her designated representative.
(6) One member appointed by the Director of Emergency Services or his or her designated representative.
(7) Six members appointed by the Invasive Species Council of California co-chairs to create a diverse makeup of federal, nonprofit organization, tribal, industry, and other representatives.
(8) One member appointed by the California Agricultural Commissioners and Sealers Association.
(c) The California Invasive Species Advisory Committee shall meet quarterly and as needed as determined by the co-chairs of the Invasive Species Council of California.

7704.
 (a) (1) The Invasive Species Council of California shall develop a report in coordination with the California Invasive Species Advisory Committee through a public process and submit the report to the advisory committee.
(2) The California Invasive Species Advisory Committee shall review and approve the report.
(3) Once reviewed and approved by the California Invasive Species Advisory Committee, the final report shall be submitted to the Legislature and be available for public review.
(4) A report to be submitted pursuant to paragraph (3) shall be submitted in compliance with Section 9795 of the Government Code.
(b) The California Invasive Species Advisory Committee may hold an annual California Invasive Species Summit to develop new recommendations and to coordinate invasive species activities.
(c) The California Invasive Species Advisory Committee shall recommend expenditures from the Invasive Species Fund to the Invasive Species Council of California.

7706.
 The Invasive Species Fund is hereby established in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the Invasive Species Council of California for the purposes of funding invasive species projects and activities recommended by the California Invasive Species Advisory Committee. Those projects and activities may include, but are not limited to, any of the following:
(a) The prevention of the introduction of invasive species.
(b) The detection, control, and eradication of invasive species.
(c) Emergency and nonemergency detection and rapid response activities.
(d) The conducting of comprehensive reports on the ecological, agricultural, and economic impacts of invasive species.
(e) The development and maintenance of statewide surveys and mapping of high-risk areas.
(f) The development of statewide education, outreach, and branding of invasive species.
(g) Increased coordination and collaboration amongst invasive species partners.
(h) Increased inspections at state and national boundaries.

7708.
 (a) The Invasive Species Council of California and the California Invasive Species Advisory Committee shall coordinate with state and local public agencies, publicly funded educational institutions, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, the Polyphagous and Kuroshio shot hole borers.
(b) (1) Upon the completion of the plan required pursuant to subdivision (a), the department, subject to the availability of appropriations, shall support the efforts of state and local agencies, California Native American tribes, and nonprofits to cure or suppress the diseases affiliated with the invasive shot hole borer infestation as provided in paragraph (2).
(2) Support provided by the department pursuant to this section may include, but is not limited to, the following:
(A) Grants to support research related to the identification of infected trees and methods to prevent further infestation.
(B) Grants to state and local agencies, California Native American tribes, and nonprofits to support suppression or cure efforts.
(c) No state moneys shall be awarded to a local agency pursuant to subdivision (b) unless the local agency has contributed from local resources a dollar amount that is equal to the dollar amount of state moneys to be awarded or the local agency is located in a disadvantaged community, as identified pursuant to Section 39711 of the Health and Safety Code.

7710.
 (a) Upon appropriation by the Legislature, moneys from the Noxious Weed Management Account, created pursuant to Section 7271, shall be available to the secretary for allocation to projects for the control and abatement of noxious and invasive weeds.
(b) (1) Upon appropriation by the Legislature, moneys may be allocated by the secretary to the University of California, Agriculture and Natural Resources, or another qualified academic or research institution for invasive species research and outreach activities that are coordinated with the Invasive Species Council of California and recommended by the California Invasive Species Advisory Committee. These moneys may be allocated to complement the research and outreach needs of the Invasive Species Council of California and recommended by the California Invasive Species Advisory Committee.
(2) For purposes of this subdivision, research and outreach activities include, but are not limited to, training events, educational materials, and online resources.

SECTION 1.Division 37.5 (commencing with Section 72000) is added to the Public Resources Code, to read:
37.5. Invasive Species Council of California
72000.

(a)There is in state government the Invasive Species Council of California. The purpose of the council is to help coordinate a comprehensive effort to prevent the introduction of invasive species in California and to provide for the control or eradication of invasive species already established in the state. The council shall address nonnative organisms that cause economic or environmental harm. Invasive species within the scope of the council’s duties do not include humans, domestic livestock, or nonharmful exotic organisms.

(b)The council shall consist of the following eight members:

(1)The Secretary of Food and Agriculture or his or her designated representative.

(2)The Secretary of the Natural Resources Agency or his or her designated representative.

(3)The Secretary for Environmental Protection or his or her designated representative.

(4)The Secretary of Transportation or his or her designated representative.

(5)The Secretary of California Health and Human Services or his or her designated representative.

(6)The Director of Emergency Services or his or her designated representative.

(7)The Director of the Department of Forestry and Fire Protection or his or her designated representative.

(8)The Chair of the State Lands Commission or his or her designated representative.

(c)The Secretary of the Natural Resources Agency, or his or her designated representative, and the Secretary of Food and Agriculture, or his or her designee, shall serve as cochairpersons of the council.

(d)The council shall meet annually and as needed as determined by the cochairpersons.

(e)The council shall select an executive director and a liaison to further the purposes of this division.

(f)(1)The council shall review and approve a yearly progress report submitted by the California Invasive Species Advisory Committee. The council shall develop a final approved report in coordination with the committee through a public process. Once approved by the council, the final report shall be sent to the Legislature and available for public review and comment.

(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

72005.

(a)There is in state government the California Invasive Species Advisory Committee. The purpose of the committee is to advise the Invasive Species Council of California on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause.

(b)The committee shall consist of the following 13 members:

(1)One appointee designated by the Secretary of Food and Agriculture.

(2)One appointee designated by the Secretary of the Natural Resources Agency.

(3)One appointee designated by the Secretary for Environmental Protection.

(4)One appointee designated by the Secretary of Transportation or his or her designated representative.

(5)One appointee designated by the Secretary of California Health and Human Services or his or her designated representative.

(6)One appointee designated by the Director of Emergency Services or his or her designated representative.

(7)One appointee designated by the Director of the Department of Forestry and Fire Protection or his or her designated representative.

(8)One appointee designated by the Chair of the State Lands Commission or his or her designated representative.

(9)Four appointees selected by the Invasive Species Council of California cochairpersons with demonstrated expertise on invasive species that shall include one representative each from a federal agency, nonprofit organization, tribal government, and industry.

(10)One appointee designated by the California Agricultural Commissioners and Sealers Association.

(c)The committee shall meet quarterly and as needed as determined by the cochairpersons of the Invasive Species Council of California. The committee shall submit a yearly progress report to the council for review and approval.

(d)The committee may hold an annual California Invasive Species Summit to develop new recommendations and to coordinate invasive species activities.

72010.

The Invasive Species Fund is hereby established in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the Invasive Species Council of California for the purposes of funding invasive species projects that may include, but are not limited to, the following projects:

(a)Emergency and nonemergency rapid response and dedication activities, including, but not limited to, activities relating to invasive shot hole borer activity.

(b)Conducting comprehensive reports on the ecological, agricultural, and economic impacts of invasive species.

(c)Developing and maintaining statewide surveys and mapping of high-risk areas.

(d)Developing statewide education, outreach, and branding of invasive species.

(e)Increasing border inspections.

(f)Increasing coordination and collaboration amongst invasive species partners.

(g)Other invasive species activities recommended by the California Invasive Species Advisory Committee.

SEC. 2.

(a)Upon appropriation by the Legislature, funding shall be available to the Secretary of Food and Agriculture to be allocated to the Noxious Weed Management Account established in Section 7271 of the Food and Agriculture Code for projects for the control and abatement of noxious and invasive weeds.

(b)Upon appropriation by the Legislature, funding shall be available to the University of California for invasive species research and outreach activities that are coordinated with the Invasive Species Council of California and recommended by the California Invasive Species Advisory Committee. These funds shall be used to complement the research and outreach needs of the council and committee. For the purposes of this subdivision, research and outreach activities include, but are not limited to, trainings, events, educational materials, and online resources.