Passed
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California House
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Co-sponsor
Fish and wildlife: invasive species: invasive mussels.
(1) Existing law, until January 1, 2030, 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 in the state, invasive mussels, and authorizes the Director of Fish and Wildlife or the director's designee to engage in various enforcement activities, including ordering the areas in conveyance that contain water be drained, dried, or decontaminated, as provided. Existing law requires a public or private agency that operates a water supply system to cooperate with the Department of Fish and Wildlife to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that may occur in a water supply system. Existing law requires, if invasive mussels are detected, the operator of a water supply system to, in cooperation with the department, prepare and implement a plan to control or eradicate invasive mussels within the system, and eliminate or minimize any potential downstream transport of an invasive mussel. Existing law requires, on or before December 31, 2026, the department to review all approved plans and require all plans that do not specifically address all invasive mussel species known to be present in bodies of water in the state as of January 1, 2026, to be updated or revised appropriately to include all invasive mussel species, on or before September 30, 2027. Existing law requires every invasive mussel species to be addressed in a plan no later than 180 days from the date that the species is listed in a certain regulation. Existing law defines "invasive mussel" for these purposes as any nonnative detrimental mussel, as provided. Under existing law, except as otherwise provided, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is a crime. This bill would prohibit a conveyance from being launched until a specified drying period has completed, as provided. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would require the department to require water supply system operators to update their plans to address all invasive mussel species present in the operator's water system as of January 1, 2026, as provided. The bill would require a plan to address every invasive mussel species detected in a water supply system after January 1, 2026, no later than 180 days from the date the species is detected. The bill would require a plan to minimize or eliminate the spread of invasive mussels. The bill would revise the definition of "invasive mussel" to mean any nonnative biofouling mussel, as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would enact a comprehensive inspection and decontamination program to be administered by the department under which the department would license inspection and decontamination stations with qualified inspectors to inspect and decontaminate conveyances for aquatic invasive species and issue certificates of compliance or notices of noncompliance, as prescribed by standards adopted by the department. The bill would establish a length of 2 years for those licenses and qualifications and would impose related application fees. The bill would impose requirements on various entities as part of the program, including requiring inspection and decontamination stations and waterbody managers to use a specified data sharing system for tracking the movement of conveyances, equipment, and other vectors among California waterbodies. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (2) Existing law establishes a registration fee and a renewal fee for vessels, and imposes an additional fee, known as the invasive mussel infestation prevention fee, on a vessel required to pay the registration fee or renewal fee, as provided. Existing law requires the Division of Boating and Waterways to issue a vessel an invasive mussel infestation prevention sticker to the vessel owner upon payment of the invasive mussel infestation prevention fee. Existing law authorizes a vessel operator to be issued a citation for operating a vessel or a recreational vessel in nonmarine waters without a valid state-issued invasive mussel infestation prevention sticker. This bill would enact similar provisions that would impose an additional invasive mussel infestation prevention fee of $20 per nonmotorized vessel every 2 years, as specified. The bill would require the Department of Fish and Wildlife to issue an invasive mussel infestation prevention sticker to be affixed to the nonmotorized vessel upon payment of the invasive mussel infestation prevention fee. The bill would authorize a vessel operator to be issued a citation for operating a nonmotorized vessel without that valid state-issued invasive mussel infestation prevention sticker. This bill would require the $20 fee to be deposited into the Nonmotorized Vessel Invasive Mussel Infestation Prevention Account, which the bill would create within the Harbors and Watercraft Revolving Fund. Moneys in the account would be available, upon appropriation by the Legislature, for reasonable regulatory costs of the department and the division and for specified grants. The bill would require any citation moneys to be deposited into the Nonmotorized Vessel Invasive Mussel Infestation Prevention Penalty Account, which the bill would create within the Harbors and Watercraft Revolving Fund. Moneys in the penalty account would be available, upon appropriation by the Legislature, for specified grants and to expend on certain educational materials and signage. (3) 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. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
