Fish and wildlife: invasive species: invasive mussels.

The document was reformatted from the official printed bill layout (with line numbers, page breaks, and legislative headers) to a web page presentation that includes site navigation elements such as skip-to-content links, search boxes, and version tracking menus. The underlying legislative text is unchanged.

The bill was converted from a findings-and-declarations-only placeholder into an operative statute amending Fish and Game Code Sections 2301 and 2303 and adding new Section 2304, with a sunset date of January 1, 2030.

New Section 2304 requires the department, in consultation with Parks and Recreation and Food and Agriculture, to develop a voluntary framework to prevent overland spread of invasive mussels through watercraft conveyance, including minimum standards for inspection/decontamination/quarantine, a banding or confirmation program, training and quality assurance metrics, a public list of participating services, and education/outreach materials.

The legislative intent language was changed from 'to enact subsequent legislation that would accomplish' to 'to in enacting this bill to accomplish,' indicating the operative provisions are now part of this bill rather than deferred to future legislation. A new subsection (c) states the Legislature's intent to subsequently amend the bill to identify alternative funding sources beyond fees on the recreational boating community, such as assessments on commercial activities including international cargo shipping.

New Section 2301 subdivision (a) grants the director authority to inspect conveyances (vehicles, boats, containers, trailers), temporarily stop them on roadways or waterways, order drainage and decontamination, impound or quarantine conveyances, inspect waters and facilities, and close or restrict access to affected areas. Closures require concurrence of the Secretary of the Natural Resources Agency.

New administrative penalty of up to $1,000 for violations of Section 2301 or resistance to its implementation, which can only be imposed after the department adopts regulations specifying the amount and appeal procedure.

Water supply system operators must cooperate with the department and prepare plans containing minimum elements: methods for delineating infestation (adult mussels and veligers), control/eradication methods, a systematic monitoring program, and cooperation with department inspections. Plans must be updated to address all invasive mussel species present as of January 1, 2026 by September 30, 2027.

A safe harbor provision exempts water supply system operators who are in compliance with an approved plan from the general prohibition and from civil or criminal liability for introduction of invasive mussels through their operations. If a plan is not updated as required, the exemption lapses until the operator complies.

The definition of 'invasive mussel' in Section 2303 was revised to mean 'any nonnative detrimental biofouling mussel species that is capable of spreading in freshwater and is listed in a regulation adopted by the commission pursuant to Section 2118,' narrowing the scope from any nonnative detrimental mussel to specifically biofouling mussels in freshwater.

The 180-day deadline for addressing new invasive mussel species in plans was changed from 'the date the species is listed in a regulation' to 'the date the species is detected' in the water supply system. The department must also approve plans or provide written comments within 180 days of submission.

A CEQA exemption was added: Division 13 of the Public Resources Code does not apply to implementation of Section 2301, except that chemical decontamination (other than salt or hot water) remains subject to CEQA review.

New notification requirements: if a closure exceeds 7 days, the department must update the affected facility operator every 10 days in writing and post updates on its website. The department must also develop procedures for notifying affected local and federal agencies, including the Department of Water Resources, Parks and Recreation, and State Lands Commission.

The state-mandated local program determination changed from 'no' to 'yes,' and a fiscal committee review is now required. A no-reimbursement provision was added based on the bill creating a new crime or changing a penalty definition.

New Section 2301.1 authorizes the Department of Fish and Wildlife to decontaminate or order decontamination of any conveyance found or reasonably believed to harbor aquatic invasive species after inspection. The department must establish minimum decontamination standards including removal of plant materials, draining all water compartments, treatment of exterior surfaces with heated water or approved methods, and flushing of internal systems.

New Section 2301.1 authorizes a law enforcement officer to detain or impound a conveyance if the owner refuses decontamination or cannot immediately accompany it due to personal hardship. The owner is liable for all costs of decontamination or impoundment if they failed to cooperate.

New Section 2301.2 authorizes the department to issue inspection, decontamination, or quarantine certificates and to attach a tamper-proof device (seal, tag, or band) to a conveyance that prevents it from contacting state waters without being broken. The department may also recognize certificates issued by other government entities through reciprocity if they meet minimum standards such as the Pacific States Marine Fisheries Commission protocols.

Section 2301 now includes a mandatory drying period: an order to dry may require the owner to dry the conveyance for up to 30 days before launching into state waters, and the conveyance shall not be launched until the period is completed. The owner may retain possession during the drying period subject to department requirements.

The definition of 'invasive mussel' in Section 2303 was changed from 'any nonnative detrimental biofouling mussel species' to 'any nonnative biofouling mussel species,' removing the word 'detrimental' and potentially broadening which species fall under the prohibition.

The bill's stated scope was broadened from specifically targeting 'golden mussels' to addressing 'invasive mussels' generally. The findings section removed specific references to the golden mussel as an urgent threat and added a new finding about inspection programs helping prevent spread via transportation conveyances.

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now requires fiscal committee review, likely due to the new cost-shifting provisions that make owners liable for decontamination and impoundment costs.

Section 2301(d)(4) now explicitly requires the department to approve plans or provide written comments on plan deficiencies within 180 days from the date of plan submission, adding a deadline for departmental action that was not previously stated.

New sections 2301.3, 2301.4, 2301.6, 2301.7, and an entirely new Chapter 3.6 (Section 2305 onward) added to Division 3 of the Fish and Game Code, expanding the bill from invasive mussels specifically to aquatic invasive species generally.

The legislative intent changes from creating a voluntary statewide tracking database to requiring the use of a single statewide database, making data sharing mandatory rather than optional for stations and waterbody managers.

A comprehensive inspection and decontamination program is established under which the department licenses inspection and decontamination stations with qualified inspectors. Licenses last 2 years and carry application fees. Stations must use a state-mandated data sharing system to track movement of conveyances, equipment, and other vectors among California waterbodies.

The Assembly version's voluntary framework (former Section 2304) for preventing overland spread of invasive mussels is removed and replaced by the new mandatory licensing and inspection program in the added Chapter 3.6.

Decontamination standards must now comply with the Uniform Minimum Protocols from the Pacific States Marine Fisheries Commission for dreissenid mussels, be informed by best available science, and the department may consult with water agencies and recreational boaters in developing them.

Quarantine is added as an option alongside decontamination throughout the bill (e.g., 'decontamination or quarantine'), giving inspectors additional tools beyond just cleaning conveyances.

A new $20 invasive mussel infestation prevention fee is imposed on nonmotorized vessels every 2 years. Two new accounts are created within the Harbors and Watercraft Revolving Fund: one for regulatory costs and grants, and a penalty account for citation moneys used for grants, educational materials, and signage.

Certificate issuance authority shifts from the department directly to licensed inspection and decontamination stations, creating a third-party compliance infrastructure rather than a purely government-run system.

Decontamination minimum requirements are expanded: 'draining' becomes 'draining and treatment' for water-containing compartments, and equipment scope now explicitly includes 'equipment that transports the conveyance.'