Fish and wildlife: invasive mussels: imported water., the official text

An act to add Section 2302.5 to the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL'S DIGEST

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 within the state, invasive mussels, and authorizes the Director of Fish and Wildlife, or the director’s designee, to engage in various enforcement activities with regard to invasive mussels. Existing law, until January 1, 2030, 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 occurs in a water supply system. Existing law requires any person, or federal, state, or local agency, district, or authority that owns or manages a reservoir, where specified activities are permitted, except as specified, to develop and implement a program designed to prevent the introduction of invasive mussel species, as provided. Existing law requires any entity that discovers invasive mussels within the state to immediately report the discovery to the department.
This bill would prohibit a public agency from prohibiting imported water deliveries for groundwater replenishment, as defined, due to invasive mussels if the importation complies with a specified invasive mussel control plan and unless there is substantial, documented evidence of a proven health and safety risk as a result of the invasive mussels.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and charter counties.

The people of the State of California do enact as follows:

SECTION 1.
Section 2302.5 is added to the Fish and Game Code, to read:
2302.5.
(a) The Legislature finds and declares that the regulation, control, management, and eradication of invasive mussels, including, but not limited to, Dreissena rostriformis bugensis, commonly known as quagga mussels, Dreissena polymorpha, commonly known as zebra mussels, and Limnoperna fortunei, commonly known as golden mussels, is a matter of statewide concern.
(b) Imported water deliveries for groundwater replenishment made in compliance with an invasive mussel control plan approved by the department pursuant to subdivision (d) of Section 2301 shall not be prohibited by a public agency due to invasive mussels unless there is substantial, documented evidence of a proven health and safety risk as a result of the invasive mussels.
(c) For purposes of this section, “imported water deliveries for groundwater replenishment” means deliveries of water imported from outside a region’s local watershed or natural boundary, primarily originating from the State Water Project, the Colorado River, or the Eastern Sierra, where the water is to be used for managed aquifer recharge, groundwater injection, spreading, percolation, or other activities intended to replenish groundwater supplies. For purposes of this definition, “water” includes, but is not limited to, surface water conveyed by an aqueduct, canal, pipeline, or other conveyance.

SEC. 2.
The Legislature finds and declares that Section 1 of this act adding Section 2302.5 to the Fish and Game Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities and counties, including charter cities and charter counties.