CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Joint Resolution
No. 25
Introduced by Assembly Member Friedman
(Coauthors: Assembly Members Bloom, Chiu, Chu, Gonzalez, Kalra, Limón, Muratsuchi, Petrie-Norris, Quirk, Luz Rivas, Wicks, and Wood)
(Coauthors: Senators Allen, Lena Gonzalez, Monning, Skinner, Stern, and Wieckowski)
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September 13, 2019 |
Relative to California coastal and marine waters.
LEGISLATIVE COUNSEL'S DIGEST
AJR 25, as introduced, Friedman.
California coastal and marine waters: regulation of vessel discharges: aquatic invasive species.
This measure would state that the Legislature strongly and unequivocally objects to federal preemption of state authority relating to the regulation of vessel discharges in California waters, remains steadfast in its commitment to protect California’s waters from aquatic invasive species introductions, and is resolved to consider any appropriate actions to overturn the federal preemption of California authority.
Digest Key
Fiscal Committee:
YES WHEREAS, California’s iconic coastal and marine waters are among our state’s most precious resources, and it is essential that California ensures the long-term viability of its fish and wildlife resources and thriving fishing, tourism, commerce, and recreation sectors; and
WHEREAS, Hundreds of millions of Californians and tourists enjoy the state’s ocean and coast for recreation, exploration, and relaxation, and tourism and recreation comprise 39 percent of the state’s $45 billion ocean economy; and
WHEREAS, California’s ocean-based tourism and recreation sector comprised more than 18,000 business establishments (15 percent of United States total), employing almost 368,000 persons (18 percent of the United States total) and generating $8.7 billion in wages (19 percent of the United States total) and more than $17.6 billion in gross domestic product (18 percent of the United States total); and
WHEREAS, Aquatic invasive species pose significant threats to the health of Californians and tourists through the spread of epidemic human cholera, microorganisms that cause paralytic shellfish poisoning, and proliferation of harmful algal blooms (also known as red tides); and
WHEREAS, Aquatic invasive species pose significant threats to the California environment through competition with native species for food and habitat, predation upon native species, and potential extinction of native species such as the Delta smelt; and
WHEREAS, Aquatic invasive species pose significant threats to the California economy, including aquaculture operations, recreational boating, agriculture, water conveyance, commercial and recreational fishing, marine transportation, and tourism, among other industries; and
WHEREAS, California is the point of entry for 79 percent of marine invasive species in Western North America; and
WHEREAS, Since 2000, state agencies and nonprofits have spent tens of millions of dollars on the prevention of nonnative species introductions, management of aquatic invasive species impacts, and eradication of localized species invasions in California; and
WHEREAS, Maritime shipping is the primary pathway for the transport and introduction of aquatic invasive species into California waters; and
WHEREAS, In 1999, the California Legislature enacted the first, of what would become multiple, laws that require large vessels to manage ballast water and biofouling to prevent the introduction of aquatic invasive species into California’s coastal and marine waters; and
WHEREAS, In 2017, California implemented the nation’s first regulations requiring vessels to manage biofouling; and
WHEREAS, California is a global leader on biofouling management policy and coordinates with regulatory partners throughout the world, including Australia and New Zealand, on research efforts and to ensure regulatory alignment and consistency; and
WHEREAS, California is a recognized leader in the management of ship-mediated vectors of aquatic invasive species introductions; and
WHEREAS, In December 2018, the President signed the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282), which included the Vessel Incidental Discharge Act, which will preempt state authority to regulate ballast water and other discharges incidental to the normal operation of a vessel; and
WHEREAS, The California Legislature considers the Vessel Incidental Discharge Act to be a significant threat to the California economy, the environment, and the health of its citizens; now, therefore, be it
Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature strongly and unequivocally objects to the federal preemption of state authority relating to the regulation of vessel discharges in California waters; and be it further
Resolved, That the Legislature remains steadfast in its commitment to protect California waters from aquatic invasive species introductions; and be it further
Resolved, That the Legislature is resolved to consider any appropriate actions to overturn the federal preemption of California authority; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and the Vice President of the United States, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, each Senator and Representative from California in the Congress of the United States, the Governor, and the author for appropriate distribution.