Fish and wildlife: invasive mussels: golden mussels.
What changed between versions
Section 2150.6 now requires a water supply agency to have submitted a control plan (pursuant to Section 2301(d)) before it qualifies for the permit exemption, and activities must be conducted in accordance with that plan. The exemption is also narrowed to golden mussels specifically rather than all permits under the chapter.
The streamlined project proposal process in Section 2301.5(b)(2) is now limited to agencies that do not have an approved control plan, and the proposal must comply with the department's scientific research guidance. For agencies not submitting a proposal, the guidance is voluntary.
The scientific research exemption in Section 2301.5(b)(4) now covers both scientific collecting permits AND restricted species permits for golden mussels under Section 2150 (previously only scientific collecting permits). A new subdivision (4) terminates this exemption upon the agency's submission of a control plan.
New subdivision (b) of Section 2150.6 provides that the permit exemption remains in effect until the department either determines the agency's control plan does not meet statutory requirements or approves the control plan, creating a defined endpoint for the exemption.
Section 2301.5(a)(1) changes best management practices from 'develop and adopt' to simply 'develop,' and explicitly states that other than the statutory control plan requirements contained in the guidance, compliance is voluntary. The guidance must now include relevant protocols, example standards, and statutory requirements of a control plan.
Section 12824.1 (Food and Agricultural Code) is completely rewritten. It no longer requires expediting pesticide evaluations for golden mussel treatments. Instead, it requires the department to work with state and local agencies to quickly respond to invasive species threats broadly, identify available tools (strategies, integrated pest management, registered pesticides), and help identify existing processes enabling rapid use of those tools.
Section 13371 (Water Code) is completely rewritten. It no longer requires expediting NPDES permit processing with specific methods listed. Instead, it requires the state and regional boards to work with state and local agencies for rapid response to invasive species threats, identify available tools, help identify streamlined processes, and coordinate between regional boards as necessary.
Legislative findings are updated to specify that golden mussels have been detected throughout the Sacramento-San Joaquin Delta and in the southern portion of the State Water Project, and a new finding notes they have established robust populations throughout the Delta. The legislative intent language shifts from 'streamline and expedite permitting' to 'align permitting processes to better support rapid response.'
A new Section 6 declares the bill an urgency statute that takes immediate effect upon passage, citing the serious threat golden mussels pose to water infrastructure. This changes the vote requirement from a simple majority to two-thirds of each house.
The fiscal committee designation changes from 'no' to 'yes,' indicating the bill now has identified fiscal implications requiring fiscal committee review.
The amendment to Section 2151 of the Fish and Game Code (nonsubstantive changes to the written application provision for restricted species permits) is removed from the bill entirely.