AB 1587: Invasive species: dreissenid mussels.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-06-29
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.
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 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 extend to January 1, 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.
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 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. Existing law exempts a public or private agency that operates a water supply system from these provisions under certain circumstances, and provides the operator with immunity from liability, as specified.
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 and inspection program. plan.
This bill would require the director, upon lifting a closure, quarantine, or restriction on a reservoir described above where dreissenid mussels have been detected, to order the entity that owns or manages the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The bill would delete the immunity from liability for water supply systems described above. The 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 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 program, for the reasonable regulatory costs to implement the program. The bill would make violations of an order issued by the director subject to a civil penalty of $1,000 per violation, imposed administratively by the Department of Fish and Wildlife. 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.
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 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. Existing law exempts a public or private agency that operates a water supply system from these provisions under certain circumstances, and provides the operator with immunity from liability, as specified.
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 prevention and inspection program.
This bill would require the director, upon lifting a closure, quarantine, or restriction on a reservoir described above where dreissenid mussels have been detected, to order the entity that owns or manages the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The bill would delete the immunity from liability for water supply systems described above. The 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 required by the director to implement a dreissenid mussel control program for the reasonable regulatory costs to implement the program. The bill would make violations of an order issued by the director subject to a civil penalty of $1,000 per violation, imposed administratively by the Department of Fish and Wildlife.
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.
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 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.
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 prevention 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 prevention and inspection program.
This bill would instead require, rather than authorize, the Director of Fish and Wildlife to order the closure of waters or facilities to conveyances for a period of no less than 7 working days if dreissenid mussels are detected or may be present and would make other related changes. Upon lifting a closure on a reservoir described above where dreissenid mussels have been detected, the bill would require the director director, upon lifting a closure, quarantine, or restriction on a reservoir described above where dreissenid mussels have been detected, to order the entity that owns or manages the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The 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 required by the director to implement a dreissenid mussel control program for the reasonable regulatory costs to implement the program. The bill would make violations of an order issued by the director subject to a civil penalty of $1,000 per violation, imposed administratively by the Department of Fish and Wildlife.
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.
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 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.
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 fee, known as the quagga and zebra mussel prevention infestation fee, in specified amounts, as determined by the division, 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 prevention and inspection program.
This bill would make nonsubstantive changes in that provision imposing an additional fee to be used for those dreissenid mussel monitoring, inspection, and infestation prevention programs. instead require, rather than authorize, the Director of Fish and Wildlife to order the closure of waters or facilities to conveyances for a period of no less than 7 working days if dreissenid mussels are detected or may be present and would make other related changes. Upon lifting a closure on a reservoir described above where dreissenid mussels have been detected, the bill would require the director to order the entity that owns or manages the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The 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 required by the director to implement a dreissenid mussel control program for the reasonable regulatory costs to implement the program. The bill would make violations of an order issued by the director subject to a civil penalty of $1,000 per violation, imposed administratively by the Department of Fish and Wildlife.
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 in specified amounts, as determined by the division, 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.
This bill would make nonsubstantive changes in that provision imposing an additional fee to be used for those dreissenid mussel monitoring, inspection, and infestation prevention programs.
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 Californias 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 states 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 departments 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 departments 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 Wildlifes Natural Resources Agencys Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agencys State of Californias 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 XIIIB 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 XIIIB of the California Constitution.
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 Californias 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 states 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 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 departments 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 departments 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, 2020, 2023, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2020, 2023, deletes or extends that date.
SEC. 3.Section 675.5 is added to the Harbors and Navigation Code, to read:675.5.(a)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.
(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, 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 Wildlifes Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agencys 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 XIIIB 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 XIIIB of the California Constitution.
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 Californias 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 states 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 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 departments 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 departments 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.
(v)Upon lifting a closure, quarantine, or restriction implemented pursuant to clause (i) on a reservoir described in subdivision (a) of Section 2302 where dreissenid mussels have been detected, the director shall order the entity that owns or manages that reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The program shall include the installation and operation of decontamination stations at the reservoir and a requirement that conveyances exiting the reservoir be decontaminated. The entity administering the program shall be immune from liability for any damage to conveyances resulting from reasonable activities conducted pursuant to the decontamination process. Violation of this clause is not subject to the sanctions set forth in Section 12000. A person who violates an order issued by the director pursuant to this clause shall, instead, be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department.(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.
(C)(D)A systematic monitoring program to determine any changes in conditions.
(D)(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. 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, 2020, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2020, deletes or extends that date.
SEC. 3.Section 675.5 is added to the Harbors and Navigation Code, to read:675.5.(a)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.
(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, 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 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 required pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (a) of Section 2301 of the Fish and Game Code to prevent the spread of dreissenid mussels within the state from conveyances exiting those reservoirs. 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 Wildlifes Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agencys 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.
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 Californias 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 states 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 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 departments 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 departments 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.
(v)Upon lifting a closure, quarantine, or restriction implemented pursuant to clause (i) on a reservoir described in subdivision (a) of Section 2302 where dreissenid mussels have been detected, the director shall order the entity that owns or manages that reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The program shall include the installation and operation of decontamination stations at the reservoir and a requirement that conveyances exiting the reservoir be decontaminated. The entity administering the program shall be immune from liability for any damage to conveyances resulting from reasonable activities conducted pursuant to the decontamination process. Violation of this clause is not subject to the sanctions set forth in Section 12000. A person who violates an order issued by the director pursuant to this clause shall, instead, be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department.
(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)A systematic monitoring program to determine any changes in conditions.
(D)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 ofdreissenid mussel species as a result of those operations. facilities. 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
(i)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2020, deletes or extends that date.
SEC. 3.Section 675.5 is added to the Harbors and Navigation Code, to read:675.5.(a)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.
(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, 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 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 required pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (a) of Section 2301 of the Fish and Game Code to prevent the spread of dreissenid mussels within the state from conveyances exiting those reservoirs.
(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 Wildlifes Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agencys 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.
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 Californias 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 states 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 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 shall may order the affected waters or facilities closed to conveyances for a period of no less than seven working days 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, and 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 of or quarantine of, or restrict access to, these waters, areas, or facilities in a manner and duration necessary, but no less than seven working days, necessary to detect and prevent the spread of dreissenid mussels within the state. A closure 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 departments 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 close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure 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 departments Internet Web site required by clause (ii).
(iv)When deciding the scope, duration, level, and type of restrictions restrictions, and specific location of a closure, 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.
(v)Upon lifting a closure closure, quarantine, or restriction implemented pursuant to clause (i) on a reservoir described in subdivision (a) of Section 2302 where dreissenid mussels have been detected, the director shall order the entity that owns or manages that reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The program shall include the installation and operation of decontamination stations at the reservoir and a requirement that conveyances exiting the reservoir be decontaminated. The entity administering the program shall be immune from liability for any damage to conveyances resulting from reasonable activities conducted pursuant to the decontamination process. Violation of this clause is not subject to the sanctions set forth in Section 12000. A person who violates an order issued by the director pursuant to this clause shall, instead, be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department.
(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)A systematic monitoring program to determine any changes in conditions.
(D)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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 3.Section 675.5 is added to the Harbors and Navigation Code, to read:675.5.(a)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.
(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. 3.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 Section 675 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, 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 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 required pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (a) of Section 2301 of the Fish and Game Code to prevent the spread of dreissenid mussels within the state from conveyances exiting those reservoirs.
(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 Wildlifes Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agencys 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.
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 Californias 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 states 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 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 shall order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, for a period of no less than seven working days and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or and 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, of these waters, areas, or facilities in a manner and duration necessary necessary, but no less than seven working days, to detect and prevent the spread of dreissenid mussels within the state. No closure, quarantine, or restriction A closure 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 departments 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 close a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, closure and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the departments 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, restrictions of a closure, 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.
(v)Upon lifting a closure pursuant to clause (i) on a reservoir described in subdivision (a) of Section 2302 where dreissenid mussels have been detected, the director shall order the entity that owns or manages that reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from conveyances exiting the reservoir. The program shall include the installation and operation of decontamination stations at the reservoir and a requirement that conveyances exiting the reservoir be decontaminated. The entity administering the program shall be immune from liability for any damage to conveyances resulting from reasonable activities conducted pursuant to the decontamination process. Violation of this clause is not subject to the sanctions set forth in Section 12000. A person who violates an order issued by the director pursuant to this clause shall, instead, be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000) per violation, that is imposed administratively by the department.
(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)A systematic monitoring program to determine any changes in conditions.
(D)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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 3.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 Section 675 shall be available, upon appropriation by the Legislature, for the following purposes:
(1)For reasonable costs incurred by the department division associated with determining the prevention fee and adoption of regulations pursuant to Section 675, 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 Game 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 grants both of the following:
(A)Grants to entities subject to subdivision (a) of Section 2302 of the Fish and Game Code 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 required pursuant to clause (v) of subparagraph (D) of paragraph (2) of subdivision (a) of Section 2301 of the Fish and Game Code to prevent the spread of dreissenid mussels within the state from conveyances exiting those reservoirs.
(b)For the purposes of awarding grants pursuant to subparagraph (A) of paragraph (3) of subdivision (a), the department 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 Games Wildlifes Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agencys 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 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. 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 department division data, as deemed appropriate by the department, division, regarding dreissenid mussel prevention and inspection programs or dreissenid mussel control programs implemented with the funding. funding, as applicable.
SECTION 1.Section 675 of the Harbors and Navigation Code is amended to read:675.(a)In addition to the fees imposed that are imposed pursuant to paragraphs (1) and (2) of subdivision (b) of Section 9853 or Section 9860 of the Vehicle Code, there shall also be imposed an additional quagga and zebra mussel infestation prevention fee in an amount to be determined by the division as follows:(1)The additional prevention fee imposed with the registration fee collected pursuant to paragraph (1) of subdivision (b) of Section 9853 of the Vehicle Code shall be not more than ten dollars ($10).(2)The additional prevention fee imposed with the registration fee collected pursuant to paragraph (2) of subdivision (b) of Section 9853 of the Vehicle Code shall be not more than twenty dollars ($20).(3)The additional prevention fee imposed with the registration fee collected pursuant to Section 9860 of the Vehicle Code shall be not more than twenty dollars ($20).(b)In determining the amount of the fee imposed pursuant to this subdivision, the division shall establish, and consult with, a technical advisory group consisting of interested persons, including, but not limited to, recreational boating and reservoir operation representatives. The members of the advisory group shall be appointed by the director.(c)The division shall adopt an emergency regulation to prescribe procedures for the collection and use of the quagga and zebra mussel infestation prevention fee for the purposes of this article. The emergency regulations shall include rules for administering the grants awarded pursuant to Section 676.(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 shall not apply to vessels that are used exclusively in marine waters.(a)In addition to the fees imposed that are imposed pursuant to paragraphs (1) and (2) of subdivision (b) of Section 9853 or Section 9860 of the Vehicle Code, there shall also be imposed an additional quagga and zebra mussel infestation prevention fee in an amount to be determined by the department division as follows:
(1)The additional prevention fee imposed with the registration fee collected pursuant to paragraph (1) of subdivision (b) of Section 9853 of the Vehicle Code shall be not more than ten dollars ($10).
(2)The additional prevention fee imposed with the registration fee collected pursuant to paragraph (2) of subdivision (b) of Section 9853 of the Vehicle Code shall be not more than twenty dollars ($20).
(3)The additional prevention fee imposed with the registration fee collected pursuant to Section 9860 of the Vehicle Code shall be not more than twenty dollars ($20).
(b)In determining the amount of the fee imposed pursuant to this subdivision, the department division shall establish, and consult with, a technical advisory group consisting of interested persons, including, but not limited to, recreational boating and reservoir operation representatives. The members of the advisory group shall be appointed by the director.
(c)The department division shall adopt an emergency regulation to prescribe procedures for the collection and use of the quagga and zebra mussel infestation prevention fee for the purposes of this article. The emergency regulations shall include rules for administering the grants awarded pursuant to Section 676.
(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 shall not apply to vessels that are used exclusively in marine waters.
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Date
|
Status
|
|---|---|
| Sep 1, 2017 | In committee: Held under submission. |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 17, 2017 | In committee: Hearing postponed by committee. |
| Jul 3, 2017 | Withdrawn from committee. |
| Jun 29, 2017 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 28, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (June 27). |
| Jun 20, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 14, 2017 | Referred to Coms. on N.R. & W. and JUD. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 21. Page 1974.) |
| May 30, 2017 | Read second time and amended. Ordered returned to second reading. |
| May 26, 2017 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (May 26). |
| May 17, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 11, 2017 | Re-referred to Com. on APPR. |
| May 10, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Apr 4, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 4). Re-referred to Com. on APPR. |
| Mar 29, 2017 | Re-referred to Com. on W.,P., & W. |
| Mar 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Mar 27, 2017 | Referred to Com. on W.,P., & W. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 31, 2017 | AB 1587 LEVINE Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 4, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Water Agencies | ** Support | Jun 22, 2017 |
| California Association Of Professional Scientists | ** Support | Jun 22, 2017 |
| California Groundwater Association | * Support | Jun 27, 2017 |
| California Groundwater Coalition | ** Support | Jun 22, 2017 |
| California State Association Of Counties | ** Support | Jun 22, 2017 |
| California Tahoe Alliance | ** Support | Jun 22, 2017 |
| Santa Clara Bay Water District | * Support | Jun 27, 2017 |
| Santa Clara Valley Water District | ** Support | Jun 22, 2017 |
| Sonoma County Water Agency | * Support | Jun 27, 2017 |
| Tahoe Alliance | * Support | Apr 4, 2017 |
| Tahoe Alliance | * Support | Apr 4, 2017 |
| The Board of Supervisors of Sonoma County | * Support | Jun 27, 2017 |
| Upper San Gabriel Valley Municipal Water District | ** Support | Jun 22, 2017 |
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 1587 (Levine) - Invasive species: dreissenid mussels
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: August 21, 2017 | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 1587 modifies the state’s existing dreissenid prevention and control infestation control program.
Fiscal Impact:
- Unknown, potentially significant, revenue resulting from the out-of-state vessel fee (85% for grants and up to 15% to offset implementation costs).
- One-time costs up to $10.6 million (Harbors and Watercraft Revolving Fund) to the California Department of Parks and Recreation (Parks) to purchase and install decontamination stations.
- Ongoing costs of up to $3.2 million annually (Harbors and Watercraft Revolving Fund) to Parks for staff, outreach efforts, and materials necessary to implement the new requirements and grant program.
- Annual costs of approximately $624,000 (special fund or General Fund) to the California Department of Fish and Wildlife (CDFW) for staff.
Background:
Existing law. Fish and Game Code, until January 1, 2020, 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. It also requires that any person, agency, district, or authority that owns or manages a reservoir (reservoir managers) that is open for public recreation and not infested with dreissenid mussels to: 1) assess the vulnerability of the reservoir to introduction of dreissenid mussels, and 2) develop and implement a program to prevent the introduction of dreissenid mussels. Reservoir managers are required to provide updates on the reservoir’s vulnerability, monitoring results, and management activities in annual reports submitted to the CDFW.
The director of the CDFW director (director), with the concurrence of the Secretary of the Natural Resources Agency, may conduct inspections of state waters and facilities that may contain dreissenid mussels and order the closure of or otherwise restrict access to waters or facilities if mussels are detected or may be present. When dreissenid mussels are detected in a water supply system, the public or private agency that operates it is required to prepare and implement a plan to control or eradicate dreissenid mussels with the system. These provisions all sunset on January 1, 2020.
Existing law imposes a quagga and zebra mussel infestation prevention fee on vessels subject to registration (up to a maximum of $10 in odd-numbered years, $20 in even-numbered years and $20 for the biennial fee’s renewal) for vessels that are not used exclusively in marine waters. This fee is collected by the Department of Motor Vehicles, and the amount of the fee (now $8 in odd years and $16 in even years) is determined by the Division of Boating and Waterways in the Department of Parks and Recreation (division). All revenues from this fee are deposited in the Harbors and Watercraft Revolving Fund. Existing law requires the division to award grants from those funds to entities that own or manage reservoirs for the reasonable regulatory costs incident to the implementation of a dreissenid mussel infestation prevention plan.
Attack of the dreissenids. Dreissenids, including zebra and quagga, mussels are non-native, highly invasive freshwater species that form dense colonies on exposed surfaces such as buoys, boat hulls, and other hard surfaces. These colonies, which can exceed densities of 70,000 mussels per square foot, can clog piping, foul screens and water intakes, and cause significant maintenance costs for water treatment and other affected systems. They can also harm the recreational values of a water body, significantly impact the local food web, and impact larger species in the ecosystem, including fish.
Since their discovery in the Great Lakes in 1987, both species have been found in the lakes and rivers of 27 states and have caused billions of dollars of damage. At least 28 freshwater bodies in California have dreissenids colonies, most of which are in Southern California. They were recently discovered in the State Water Project. According to the CDFW, eradication is only possible when densities are low. Eradication efforts as well as controlling an existing population are very expensive.
The State Water Projected gets “musseled”. In December 2016, adult quagga mussels were found in two southern California locations: six 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) and two at the Castaic Power Plant at the northern end of Elderberry Forebay (which is currently dewatered). This is the first known finding of quagga or zebra mussels in a water body that is part of the State Water Project. Given the connectivity of the waterbodies, CDFW presumes that Castaic Lake and Castaic Lagoon have been exposed to mussels and warrant management actions be taken comparable to those where adult mussels have been found. DWR, the manager of Pyramid and Castaic lakes, and LADWP, manager of Castaic Power Plant and Elderberry Forebay, are implementing actions to contain the infestation and managing exiting watercraft to prevent the movement of quagga mussels and infested water.
A month later, in January of 2017, mussel veligers (microscopic, free-floating larval life stage) were detected in water samples collected at the North Park valve of the Santa Ana Pipeline, which transports water from Silverwood Lake, San Bernardino County, to Lake Perris, Riverside County. CDFW is conducting further testing to determine if the veligers are quagga mussels or zebra mussels.
Proposed Law:
This bill:
- Imposes a quagga and zebra mussel infestation prevention fee (prevention fee), up to $50 annually, on non-resident owners of a vessel that must be paid before the vessel is placed in the state’s waterways. The fee does not apply to vessels that are used only in marine waters or are nonrecreational or commercial motorized watercraft, as specified.
- Requires the division to determine the amount of the fee, develop procedures regarding the collection and use of these funds, and provide some proof of fee payment for a vessel whose owner has paid the new fee.
- Specifies that funds must be deposited in the Harbors and Watercraft Revolving Fund.
- Expands those authorized to receive grant funding from the quagga and zebra mussel prevention infestation fee to include the local sponsor of a reservoir owned or operated by a federal agency, district, or authority that is required by the director to implement a dreissenid mussel infestation prevention plan.
- Requires reservoirs where mooring is allowed to include methods for decontamining conveyances exiting the water body in their dreissenid mussel infestation control plans.
- Defines “mooring” as anchoring or otherwise securing the conveyance adjacent to or in a water body for a time period of more than 24 hours.
- Creates a new grant program for those entities that own or manage a reservoir, as specified, where dreissenid mussels have been detected for the reasonable regulatory costs to implement a dreissenid mussel control program, as specified, that includes a decontamination process.
- Extends the sunset date by three years to January 1, 2023 on the provisions that restrict possession of dreissenid mussels, and authorize certain enforcement activities by the CDFW director related to dreissenid mussels, including the requirement for infestation control planning.
- Makes legislative findings, and additional technical and clarifying changes.
Related Legislation:
AB 2443 (Williams, Chapter 485, Statutes of 2012) imposed a quagga and zebra mussel infestation fee, as determined by the division, among other things.
Staff Comments:
Too many access points, not enough attendants. This bill requires the division to assess an annual fee of up to $50 on specified nonresident vessels that enter California waters. Fee revenue, which will fall somewhere in the tens of thousands to millions of dollars, is expected to cover the division’s administration costs and fund grants for activities necessary to implement the prevention plan and (subject the bill provision being enacted) eradication efforts. Up to 15 percent of revenue may be used to offset CDFW’s implementation costs. Notably, if not covered, implementation costs will further exacerbate the Fish and Game Preservation Fund’s pervasive structural and result significant cost pressures on the General Fund.
However, the fee revenue will depend on compliance and no program or natural contact point with the subject population currently exists to ensure widespread compliance. State-run programs used by some of the subject population (e.g., DMV registration and CDFW’s fishing license program) and non-state personnel staff at attended boat launches can act as a fee collection point, compliance and the resulting revenue will depend upon the division outreach to nonresident and the integrity of the subject population.
Enforcement will be similarly challenging. Thousands of unattended freshwater bodies are scattered throughout the state, and most attended boat ramps are not operated by state personnel.
Revenues—somewhere in the tens of thousands to low millions, will likely represent significantly less than would be generated with full compliance, and may not be sufficient to justify the program.
DMV data indicates that about 1,800 non-residents registered “resident” boats during the last two-year registration period; the division estimates that approximately 100,000 non-resident boats (that were not subject to any vessel registration requirements) visited the state during roughly the same period. Assuming 1,800 comply and the maximum fee of $50, the fee would generate $90,000 revenue. In this case, the sticker (receipt for fee payment) would literally not be worth the paper is printed on. However, full compliance by the estimated 100,000 visitors would yield $5 million in revenue, of which $750,000 could be used to offset administration costs and $4.25 million of which must fund grants.
At the recommendation of the Senate Natural Resources and Water Committee, the bill was amended to specifically authorize all California peace officers to enforce the new non-resident fee and to clarify their authority to conduct inspections for mussels. However, the extent to which peace officers from entities other than those under the Natural Resources Agency (or its local or federal counterparts) is unclear. Given the lack of contact the division has with the subject population, fee revenue will be largely dependent upon the peace officers who generally do not enforce environmental laws and may not have sufficient training.
Parks fiscal estimate. Parks indicates one-time costs of $10.6 million and ongoing costs of $3.2 million for staff and supplies necessary to develop regulations, modify IT infrastructure, install decontamination stations (assuming seven stations are established costing $1 million per station not including staff), and manage the grant program. This estimate includes $2.8 million for 37 staff (one at each freshwater boat ramp Parks operates). Staff notes that it is not clear that program participation will justify one staff per location to sell stickers or that this is necessary even with high demand given the technology available. Further, any requests for position authority and funding would be subject to the approval in the budget process.
An ounce of prevention… To the extent that this bill prevents the spread of these developing mussel colonies or the development of future colonies throughout the State Water Project or reservoirs in to state. The recent discovery of quagga mussel in the State Water Project could lead to a significant costs—tens of millions annually—if it is not controlled.
CDFW fiscal. The CDFW estimates implementation costs of $624,000 for staff in each dreissenid mussel-infested region. Staff will facilitate the development and implementation of dreissenid mussel control programs and monitor for subsequent compliance with operational and decontamination requirements. This workload will require four new PYs for Environmental Scientist positions: one for each of the three Department regions containing infested waterbodies subject to the mandates in the Fish and Game Code Section 2301, as well as one additional Environmental Scientist within the Department’s Inland Deserts Region (dreissenid-infested), which, unlike the other Department regions, has no Environmental Scientists assigned to or available for the existing or new dreissenid mussel management activities.
Existing workload for the dreissenid program function is funded by Harbors and Watercraft funding for the existing mandates. General and merit salary increases have depleted the Harbors and Watercraft/Invasive Species Program funding source to the extent that not only can the Department not absorb the additional costs within the existing budget, but the Program has now lost two Environmental Scientist positions due to inadequate funding for the mandates.
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB 1587 Hearing Date: June 27, 2017
Author: | |||
Version: | June 20, 2017 Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Invasive species: dreissenid mussels
BACKGROUND AND EXISTING LAW
- 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.
- Dreissenid, including both zebra and quagga, mussels are non-native, hardy, and highly invasive freshwater species that present considerable risk to the freshwater bodies, rivers, streams and engineered water systems of the state. They were first discovered in the Great Lakes in 1987 where they likely arrived courtesy of the discharge of contaminated ballast water from transoceanic ships. Since their discovery, both species have been found in the lakes and rivers of 27 states and have caused billions of dollars of damage. It is not known with certainty, but it is thought that the mussels were introduced to freshwaters in the western United States by the hull of a contaminated recreational boat.
- Dreissenid mussels can attach themselves to exposed surfaces – such as buoys, boat hulls and other hard surfaces – and form colonies with densities in excess of 70,000 mussels per square foot. These colonies can clog piping, foul screens and water intakes, and cause significant maintenance costs for water treatment and other affected systems. These colonies can also harm the recreational values of a water body, significantly impact the local food web, and impact larger species in the ecosystem, including fish.
- Dreissenid mussels have been identified in at least 28 bodies of freshwater in California. Most of these are in Southern California. According to the Department of Fish and Wildlife (CDFW), eradication of dreissenid mussels from a body of water is possible if efforts start when their density is low. It is not possible to eradicate an established population of mussels at the current time.
- Eradication efforts as well as controlling an existing population are very expensive. The late 2016 and early 2017 discovery of quagga mussels in the State Water Project could lead to annual costs on the order of tens of millions of dollars annually, according to the Assembly Water Parks and Wildlife Committee’s bill analysis. Preventing the further spread of dreissenid mussels in the state is preferred.
- Existing law authorizes the CDFW director (director) to engage in various enforcement activities with regard to dreissenid mussels. Among these 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 (e.g. a boat and related equipment such as a boat trailer) or otherwise restrict access to the waters or facilities, with the concurrence of the Secretary of the Natural Resources Agency. In the event dreissenid mussels are detected in a water supply system, the public or private agency that operates it, in cooperation with CDFW, shall prepare and implement a plan to control or eradicate dreissenid mussels with the system, as specified. These provisions all sunset on January 1, 2020.
- 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 dreissenid mussels have not been detected, to assess the vulnerability of the reservoir to the introduction of dreissenid mussels and to develop and implement a program designed to prevent the introduction of these mussels.
- Existing law requires the owner of a vessel, as described, to register the vessel in accordance with prescribed requirements and establishes a registration fee for vessels, as specified. Nonresident boat owners may register vessels in the state if they will be used primarily here (i.e. a boat at a vacation home in the state). Boats that will be primarily used outside the state of California are not required to be registered in California even if these boats are temporarily used in the state.
- Existing law imposes a quagga and zebra mussel infestation prevention fee on vessels subject to registration (up to a maximum of $10 in odd-numbered years, $20 in even-numbered years and $20 for the biennial fee’s renewal) for vessels that are not used exclusively in marine waters. This fee is collected by the Department of Motor Vehicles, and the amount of the fee (now $8 in odd years and $16 in even years) is determined by the Division of Boating and Waterways in the Department of Parks and Recreation (division). All revenues from this fee are deposited in the Harbors and Watercraft Revolving Fund. Existing law requires the division to award grants from those funds to entities that own or manage reservoirs for the reasonable regulatory costs incident to the implementation of a dreissenid mussel infestation prevention plan.
PROPOSED LAW
This bill would modify the state’s existing program to prevent and seek to control the continuing infestation of the state’s freshwaters by dreissenid mussels. Specifically this bill would:
- Impose a quagga and zebra mussel infestation prevention fee, as specified, for non-resident owners of a vessel that must be paid before the vessel is placed in the state’s waterways.
- The division shall determine the amount of the fee, which shall not exceed $50 annually, and develop procedures regarding the collection and use of these funds which shall be deposited in the Harbors and Watercraft Revolving Fund, as specified.
- The division shall provide some proof of fee payment for a vessel whose owner has paid the new fee.
- The fee does not apply to vessels that are used only in marine waters or are nonrecreational or commercial motorized watercraft, as specified.
- Expand those authorized to receive grant funding from the quagga and zebra mussel prevention infestation fee to include the local sponsor of a reservoir owned or operated by a federal agency, district, or authority, that is required by the director to implement a dreissenid mussel infestation prevention plan.
- Add a new minimum requirement for dreissenid mussel infestation control plans requiring those reservoirs where mooring is allowed to include methods for decontamination of conveyances exiting the water body.
- Mooring is defined to mean anchoring or otherwise securing the conveyance adjacent to or in a water body for a time period of more than 24 hours.
- Create a new grant program for those entities that own or manage a reservoir, as specified, where dreissenid mussels have been detected for the reasonable regulatory costs to implement a dreissenid mussel control program, as specified, that includes a decontamination process.
- Extend the sunset date by three years to January 1, 2023 on the provisions that restrict possession of dreissenid mussels, and authorize certain enforcement activities by the CDFW director related to dreissenid mussels, including the requirement for infestation control planning, among other things.
- Make several appropriate and relevant legislative findings, and additional technical and clarifying changes.
ARGUMENTS IN SUPPORT
According to the author, “[w]hile California has a program for the detection and prevention of dreissenid mussels, this program is not performing as well as expected. This is made evident by the two new discoveries of adult quagga mussels or larva in Castaic Lake in December of 2016, and in the Santa Ana Pipeline in February of 2017. While prevention measures in un-infested lakes are important to keeping our waterways safe, it is equally as important to mitigate new and existing infestations through appropriate boat screening and decontamination procedures. This bill will require reservoir managers to take steps to ensure that outbreaks are contained and do not result in the spread of these invasive species to other waterways.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Implementation and enforcement of the new nonresident fee is left to the division. For resident freshwater boaters – and those non-resident boaters whose boats stay in the state for extended time periods – the regular collection of resident and non-resident vessel registration fees by the Department of Motor Vehicles (DMV) is a natural (and required) point to, as applicable, provide a way for these boaters to pay the resident quagga and zebra mussel infestation prevention fees. (Currently, the DMV assesses the same quagga mussel fee for any of these boats that must be registered in the state.) According to data supplied by the DMV, about 1,800 non-residents registered “resident” boats during the last two year registration period. However, according to the division, on the order of about 100,000 non-resident boats visited the state temporarily in the last 2 years and were not subject to any vessel registration requirements. There do not appear to be existing programs operated by the division where the division will necessarily come in contact with all – or even most – of those potentially affected by this new fee, nor an existing division fee payment program that this new fee could easily piggyback on. Most boat ramps – where attended – are not operated by state personnel, and there are thousands of lakes and other freshwater bodies statewide. This bill provides flexibility to the division in determining how to establish the new fee and fee collection program. The Committee may wish, however, to specifically authorize all California peace officers to enforce the new non-resident fee and clarify that these peace officers can conduct inspections for mussels and related activities should the opportunity or need arise. [Amendment 1]
Technical amendments. The Committee may wish to require two additional technical amendments to the bill to correct imperfect references and ensure that the division’s efforts to implement this bill can be paid for from the collected fees. [Amendment 2]
Sunset date extension. Given the changes proposed by this bill and the importance of state efforts to address dreissenid mussel infestation, a three year extension to allow 5 years in effect prior to review of the program seems reasonable.
Freshwater bodies subject to this bill that permit mooring and/or owned by a federal agency where there may be local sponsors. According to the sponsor, there are 2 freshwater bodies that permit mooring that would need, as applicable, to comply with the new minimum standard regarding planning. There are over 20 fresh water bodies owned by the US Army Corps of Engineers in the state, according to data supplied by the author.
Infested freshwater body closures. Only one waterbody – the San Justo Reservoir in San Benito County – has been voluntarily closed since 2008 when dreissenid mussels were discovered there. The County has been working with the US Bureau of Reclamation to eradicate the mussels since, but has been unable so far to achieve that goal. This is the only waterbody that has been closed when mussels have been detected, and there is now apparently local pressure to reopen the reservoir. The director has not required that decontamination facilities be installed anywhere, although he/she has the authority to do so.
CDFW inspection and decontamination activity. The department inspects about 150 vessels annually and decontaminates only a handful of these itself. Inspections and decontamination are primarily performed by others, not CDFW, due to funding and other constraints.
Recent related legislation
AB 2443 (Williams, c. 485, Stats. 2012) imposed a quagga and zebra mussel infestation fee, as determined by the division, among other things.
AB 1929 (Hall, c. 152, Stats. 2010) This bill provides that an operator of water delivery and storage facilities who has prepared and is in compliance with an approved plan to control and eradicate dreissenid mussels in accordance with existing law is immune from civil or criminal liability for introduction of mussels as a result of operation of those facilities, among other things.
Double-referral The Rules Committee referred this bill to both the Committee on Natural Resources and Water and to the Committee on Judiciary. Therefore, if this bill passes this committee, it will be referred to the Committee on Judiciary, which will consider the issues within their jurisdiction.
SUGGESTED AMENDMENTS
AMENDMENT 1
Revise Fish and Game Code §2301 (a)(2) to read: “The director or his or her designee or any California peace officer may do all of the following:[…]”
Revise Harbors and Navigation Code §675.5(a) to add: “Division personnel and any California peace officer may enforce this provision.”
AMENDMENT 2
Revise Harbors and Navigation Code §676(a)(1) to read: “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).”
Revise Harbors and Navigation Code §676(b)(1) to read: “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.”
SUPPORT
Sonoma County Water Agency (sponsor)
Association of California Water Agencies
California Association of Professional Scientists
California Groundwater Coalition
California State Association of Counties
California Tahoe Alliance
Santa Clara Valley Water District
Upper San Gabriel Valley Municipal Water District
OPPOSITION
None Received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1587
Author:(Levine)
As Amended Ver:May 30, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Water | 8-3 | Chu, Friedman, Gloria, Levine, Rubio, Salas, Thurmond, Wood | Gallagher, Choi, Harper |
Appropriations | 11-5 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, McCarty, Quirk, Friedman, Eduardo Garcia, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Requires implementation of a dreissenid mussel control program, in a reservoir where dreissenid mussels have been detected. Specifically, this bill:
- Requires the Director of Department of Fish and Wildlife (DFW), upon lifting the closure of a reservoir where dreissenid mussels are detected, to order the owner or manager of the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from boats exiting the reservoir.
- Makes entities that own or manage a reservoir in which dreissenid mussels have been detected eligible for grants out of the existing Harbors and Watercraft Revolving Fund. Grants are limited to the reasonable regulatory costs to implement a dreissenid mussel control program.
- Establishes a zebra mussel infestation prevention fee, in an amount to be determined by the Division of Boating and Waterways, but not to exceed $50, on a nonresident owner of a vessel, to be paid by that owner before placing the vessel on the waterways of the state.
EXISTING LAW:
- A person is not allowed to possess, import, ship, transport, place, plant, or cause to be placed or planted, dreissenid mussels in any water within the state.
- Authorizes the DFW to conduct inspections, temporarily stop conveyances that may carry or contain adult or larval dreissenid mussels on any roadway or waterway, order conveyances to be decontaminated, and impound or quarantine conveyances.
- Authorizes the DFW to conduct inspections of state waters and facilities located within state waters that may contain dreissenid mussels. If mussels are detected, authorizes the DFW with the Secretary of Natural Resources, to close or restrict access to the waters, areas, or facilities.
- Requires the DFW to develop procedures for notifying affected local, state, and federal agencies and requires the DFW to consult with the entity in charge of the affected area.
- Requires water supply system operators to cooperate with the DFW to implement measures to prevent introduction of dreissenid mussels, and to develop and implement a plan to control and eradicate the mussels if they are detected.
- Grants immunity to water delivery and storage facilities from criminal and civil liability for mussel infestations if they have developed, implemented, and kept up to date, a plan approved by the DFW for the control and eradication of mussels.
- Requires any entity that discovers dreissenid mussels within the state to immediately report the discovery to the DFW.
- Requires water reservoir operators where recreational activities are allowed, to assess vulnerability of the reservoir for the introduction of dreissenid mussels, and develop and implement a program to prevent introduction of dreissenid mussels. If the reservoir does not allow recreational activities, the operator shall include visual monitoring for mussels as part of its routine field activities.
- Establishes through regulation an $8 annual or a $16 biennial fee on boats to fund response to dreissenid mussels. Exempts boats that are exclusively used in marine waters.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Potential unknown increased revenue resulting from the out-of-state vessel fee. Unknown costs for the Department of Parks and Recreation (DPR), Division of Boating and Waterways, to administer the fee.
- Increased DFW costs of $350,000 in Fiscal Year (FY) 2017/18, and $624,000 in FY 2018/19 and ongoing. The additional workload will require full-time, permanent, project-dedicated staff in each dreissenid mussel-infested region.
- Increased costs of approximately $800,000 for every DPR reservoir with detected dreissenid mussels for the required decontamination stations, engineering and inspections.
COMMENTS: Two species of dreissenid mussels currently exist in California, zebra mussels, and the quagga mussels. Both species of mussel are native to Eastern Europe and Western Asia, and were first discovered in the Great Lakes in 1987. They were likely introduced from the release of ballast water of transoceanic ships. Since their first introduction, both species have spread to lakes and rivers in 27 states and have caused billions of dollars in damage.
Dreissenid mussels pose a threat in freshwater once established because they latch onto pipes, valves, screens, irrigation canals, and gates, in quantities that can severely impede the movement of water and operation of critical water management infrastructure. Ecological balance of a water body can also be impacted because the mussels feed by filtering large quantities, eating significant volumes of the bottom of the food chain. They can alter the food web to such a large extent that they impact larger species such as fish.
Zebra and quagga mussels are prolific breeders with each mussel capable of producing 5,000 viable offspring annually, can spread rapidly, and can adapt to a wide variety of aquatic environments. The mussels can move downstream with the flow of water, and attach to any hard object. Transport by people is the primary method the mussels are spread to unconnected waters; mussels can attach to recreational equipment such as boats and can survive for a week or longer out of water. Currently, dreissenid mussels have been identified in at least 28 bodies of freshwater in California, primarily in Southern California. It is suspected the mussels were brought to the western United States on the hull of a recreational boat. According to the DFW, eradication of dreissenid mussels is possible if they are in low density, but it is very expensive. Eradication of an established population of mussels is not currently possible and controlling an established population is also very expensive. Preventing the further spread of dreissenid mussels in California is much more cost effective than controlling an established population.
In California, the Metropolitan Water District of Southern California has been spending between $3 million and $4 million a year to address quagga mussel infestations in its 242-mile Colorado River aqueduct and reservoirs. The Tahoe Regional Planning Agency estimates a mussel invasion could mean an economic loss of $22 million per year.
The recent discovery of quagga mussel in the State Water Project could lead to a significant cost on the order of tens of millions annually if it is not controlled.
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2092 FN: 0000827
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1587
Author:(Levine) – As Amended Ver:May 10, 2017
Policy Committee: | Water, Parks and Wildlife | Vote: | 8 - 3 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires implementation of a dreissenid mussel control program, in a reservoir where dreissenid mussels have been detected. Specifically, this bill:
- Requires the Director of Department of Fish and Wildlife (DFW), upon lifting the closure of a reservoir where dreissenid mussels are detected, to order the owner or manager of the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from boats exiting the reservoir. Requires the dreissenid mussel control program to include decontamination of boats and makes the administering entity of the program immune from liability.
- Makes entities that own or manage a reservoir in which dreissenid mussels have been detected eligible for grants out of the existing Harbors and Watercraft Revolving Fund. Grants are limited to the reasonable regulatory costs to implement a dreissenid mussel control program.
- Establishes a zebra mussel infestation prevention fee, in an amount to be determined by the Division of Boating and Waterways, but not to exceed $50, on a nonresident owner of a vessel, to be paid by that owner before placing the vessel on the waterways of the state.
FISCAL EFFECT:
- Potential unknown increased revenue resulting from the out-of-state vessel fee. Unknown costs for the Department of Parks and Recreation (DPR), division of Boating and Waterways, to administer the fee.
- Increased DFW costs of $350,000 in FY2017/18, and $624,000 in FY 2018/19 and ongoing. The additional workload will require full-time, permanent, project-dedicated staff in each dreissenid mussel-infested region.
- Increased costs of approximately $800,000 for every DPR reservoir with detected dreissenid mussels for the required decontamination stations, engineering and inspections.
COMMENTS:
- Purpose. According to the author, "While California has a program for the detection and prevention of dreissenid mussels, this program is not preforming as well as expected. This was made evident by the two new discoveries of adult quagga mussels or larva in Castaic Lake in December of 2016 and in the Santa Ana Pipeline in February of 2017. While prevention measures in un-infested lakes are important to keeping our waterways safe, it is equally important to mitigate new and existing infestations through appropriate boat screening and decontamination procedures. This bill will require reservoir managers to take steps to ensure that outbreaks are contained and do not result in the spread of these invasive species to other waterways."
- Background. Two species of dreissenid mussels currently exist in California, zebra mussels, and the quagga mussels. Both species of mussel are native to Eastern Europe and Western Asia, and were first discovered in the Great Lakes in 1987. They were likely introduced from the release of ballast water of transoceanic ships. Since their first introduction, both species have spread to lakes and rivers in 27 states and have caused billions of dollars in damage.
Dreissenid mussels pose a threat in freshwater once established because they latch onto pipes, valves, screens, irrigation canals, and gates, in quantities that can severely impede the movement of water and operation of critical water management infrastructure. Ecological balance of a water body can also be impacted because the mussels feed by filtering large quantities, eating significant volumes of the bottom of the food chain. They can alter the food web to such a large extent that they impact larger species such as fish.
Zebra and quagga mussels are prolific breeders with each mussel capable of producing 5,000 viable offspring annually, can spread rapidly, and can adapt to a wide variety of aquatic environments. The mussels can move downstream with the flow of water, and attach to any hard object. Transport by people is the primary method the mussels are spread to unconnected waters; mussels can attach to recreational equipment such as boats and can survive for a week or longer out of water. Currently dreissenid mussels have been identified in at least 28 bodies of freshwater in California, primarily in Southern California. It is suspected the mussels were brought to the western U.S. on the hull of a recreational boat. According to DFW, eradication of dreissenid mussels is possible if they are in low density, but it is very expensive. Eradication of an established population of mussels is not currently possible and controlling an established population is also very expensive. Preventing the further spread of dreissenid mussels in California is much more cost effective than controlling an established population.
In California, the Metropolitan Water District of Southern California has been spending between $3 million and $4 million a year to address quagga mussel infestations in its 242-mile Colorado River aqueduct and reservoirs. The Tahoe Regional Planning Agency estimates a mussel invasion could mean an economic loss of $22 million per year.
The recent discovery of quagga mussel in the State Water Project could lead to a significant cost on the order of tens of millions annually if it is not controlled.
- Prior Legislation. AB 2443 (Williams), Chapter 485, Statues of 2012, created an up to $10 annual fee on boat registrations to fund prevention of the spread of dreissenid mussels
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 4, 2017
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
ABPCA Bill Id:AB 1587 (
Author:Levine) – As Amended Ver:March 28, 2017
SUBJECT: Invasive species: dreissenid mussels
SUMMARY: Requires closure of no less than seven working days, of a water body where dreissenid mussels are detected or may be present. Requires implementation of a dreissenid mussel control program, as specified, in a reservoir where dreissenid mussels have been detected. Additionally makes owners or managers of a reservoir where dreissenid mussels have been discovered eligible for grants for the regulatory costs to implement a dreissenid mussel control program, as specified. Specifically, this bill:
- Requires the Director of the Department of Fish and Wildlife (DFW) to order a water body closed for a period of no less than seven working days if dreissenid mussels are detected or may be present.
- Requires upon lifting the closure of a reservoir where dreissenid mussels are detected that the director of the DFW order the owner or manager of the reservoir to implement a dreissenid mussel control program to prevent the spread of dreissenid mussels within the state from boats exiting the reservoir. Requires the dreissenid mussel control program to include decontamination of boats and makes the administering entity of the program immune from liability.
- Makes entities that own or manage a reservoir in which dreissenid mussels have been detected eligible for grants out of the existing Harbors and Watercraft Revolving Fund. Grants are limited to the reasonable regulatory costs to implement a dreissenid mussel control program.
- Makes findings and declarations reiterating existing law on dreissenid mussel control, highlighting that existing funds are only available to owners or managers of waterbodies in which dreissenid mussels have not been detected and highlighting that dreissenid mussels for the first time were discovered in the State Water Project in December 2016.
EXISTING LAW:
- A person is not allowed to possess, import, ship, transport, place, plant, or cause to be placed or planted, dreissenid mussels in any water within the state.
- Authorizes the DFW to conduct inspections, temporarily stop conveyances that may carry or contain adult or larval dreissenid mussels on any roadway or waterway, order conveyances to be decontaminated, and impound or quarantine conveyances.
- Authorizes the DFW to conduct inspections of state waters and facilities located within state waters that may contain dreissenid mussels. If mussels are detected, authorizes the DFW with the Secretary of Natural Resources, to close or restrict access to the waters, areas, or facilities.
- Requires the DFW to develop procedures for notifying affected local, state, and federal agencies and requires the DFW to consult with the entity in charge of the affected area.
- Requires water supply system operators to cooperate with the DFW to implement measures to prevent introduction of dreissenid mussels, and to develop and implement a plan to control and eradicate the mussels if they are detected.
- Grants immunity to water delivery and storage facilities from criminal and civil liability for mussel infestations if they have developed, implemented, and kept up to date, a plan approved by the DFW for the control and eradication of mussels.
- Requires any entity that discovers dreissenid mussels within the state to immediately report the discovery to the DFW.
- Requires water reservoir operators where recreational activities are allowed, to assess vulnerability of the reservoir for the introduction of dreissenid mussels, and develop and implement a program to prevent introduction of dreissenid mussels. If the reservoir does not allow recreational activities, the operator shall include visual monitoring for mussels as part of its routine field activities.
- Establishes through regulation an $8 annual or a $16 biennial fee on boats to fund response to dreissenid mussels. Exempts boats that are exclusively used in marine waters.
FISCAL EFFECT: Unknown
COMMENTS: This bill requires closure and response in waterways where dreissenid mussels are detected. Owners or managers of reservoirs are required by this bill, to respond to the detection of dreissenid mussels, and are eligible for grants out of an existing fund.
Author’s Statement: While California has a program for the detection and prevention of dreissenid mussels, this program is not preforming as well as expected. This was made evident by the two new discoveries of adult quagga mussels or larva in Castaic Lake in December of 2016 and in the Santa Ana Pipeline in February of 2017. While prevention measures in un-infested lakes are important to keeping our waterways safe, it is equally important to mitigate new and existing infestations through appropriate boat screening and decontamination procedures. This bill will require reservoir managers to take steps to ensure that outbreaks are contained and do not result in the spread of these invasive species to other waterways.
Background: Dreissenid Mussel Basics. Two species of dreissenid mussels currently exist in California, zebra mussels, and the quagga mussels. Both species of mussel are native to Eastern Europe and Western Asia, and were first discovered in the Great Lakes in 1987. They were likely introduced from the release of ballast water of transoceanic ships. Since their first introduction, both species have spread to lakes and rivers in 27 states and have caused billions of dollars in damage.
Dreissenid mussels pose a threat in freshwater once established because they latch onto pipes, valves, screens, irrigation canals, and gates, in quantities that can severely impede the movement of water and operation of critical water management infrastructure. Ecological balance of a water body can also be impacted because the mussels feed by filtering large quantities, eating significant volumes of the bottom of the food chain. They can alter the food web to such a large extent that they impact larger species such as fish.
Zebra and quagga mussels are prolific breeders with each mussel capable of producing 5,000 viable offspring annually, can spread rapidly, and can adapt to a wide variety of aquatic environments. The mussels can move downstream with the flow of water, and attach to any hard object. Transport by people is the primary method the mussels are spread to unconnected waters; mussels can attach to recreational equipment such as boats and can survive for a week or longer out of water. Currently dreissenid mussels have been identified in at least 28 bodies of freshwater in California, primarily in Southern California. It is suspected the mussels were brought to the western U.S. on the hull of a recreational boat. According to the Department of Fish and Game, eradication of dreissenid mussels is possible if they are in low density, but it is very expensive. Eradication of an established population of mussels is not currently possible and controlling an established population is also very expensive. Preventing the further spread of dreissenid mussels in California is much more cost effective than controlling an established population.
The cost of doing nothing to prevent the spread of quagga and zebra mussels could end up costing California hundreds of millions of dollars. Between 2000 and 2010, zebra mussel infestations cost the Great Lakes over $5 billion in economic impacts. In California, the Metropolitan Water District of Southern California has been spending between $3 million and $4 million a year to address quagga mussel infestations in its 242-mile Colorado River aqueduct and reservoirs. The Tahoe Regional Planning Agency estimates a mussel invasion could mean an economic loss of $22 million per year.
The recent discovery of quagga mussel in the State Water Project could lead to a significant cost on the order of tens of millions annually if it is not controlled. This bill seeks to get out in front of that problem by requiring closure when dreissenid mussels are discovered; a response plan that includes meaningful decontamination of boats that use the reservoir when the reservoir is reopened and allows reservoirs to be eligible for grant money to support those operations.
Prior and Related Legislation: AB 2443 (Williams), Chapter 485, Statues of 2012, created an up to $10 annual fee on boat registrations to fund prevention of the spread of dreissenid mussels
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Ryan Ojakian / W., P., & W. /
Discussed in Hearing
5MIN
Senate Standing Committee on Natural Resources and Water
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
8MIN
Assembly Standing Committee on Water, Parks, and Wildlife
9MIN
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):