Fish and wildlife: invasive mussels: golden mussels., the official text

An act to add Sections 2150.6 and 2301.5 to the Fish and Game Code, to add Section 12824.1 to the Food and Agricultural Code, and to add Section 13371 to the Water Code, relating to fish and wildlife, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

(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 within the state, invasive mussels, as defined. 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, and, if invasive mussels are detected, to prepare and implement a plan, as specified, to control or eradicate invasive mussels within the system (control plan).
Existing law prohibits the importation, transportation, possession, or live release of specified wild animals, except under a revocable, nontransferable permit, known as a restricted species permit, issued by the department, in cooperation with the Department of Food and Agriculture, and only if certain requirements are met.
Existing law authorizes the department to issue permits, commonly known as scientific collecting permits, to take or possess any form of plant or animal life for scientific, educational, or propagation purposes.
This bill would exempt from the requirement to obtain a restricted species permit for golden mussels a public or private agency that operates a water supply system and has submitted a control plan to the department for maintenance and operational activities in the water supply system, as specified. The bill would provide that this exemption remains in effect for a particular public or private agency until the department determines the agency’s control plan does not meet the statutory requirements for control plans or approves the control plan.
This bill would require the department’s Invasive Species Program to develop, by April 1, 2027, voluntary guidance for public and private agencies that operate water supply systems to develop effective control plans. The bill would also require the department’s Invasive Species Program to develop and publish, by April 1, 2027, guidance for scientific research conducted by or for public and private agencies that operate water supply systems to control the spread of golden mussels, as specified. The bill would authorize a public or private agency that operates a water supply system and does not have an approved control plan to submit to the department a streamlined project proposal for golden mussel scientific research, as specified, and would require those project proposals to comply with the department’s scientific research guidance. The bill would exempt scientific research described in those project proposals from scientific collecting permits and restricted species permits for golden mussels. The bill would provide that this exemption terminates for a particular public or private agency upon the agency’s submission of a control plan to the department.
This bill would require the department to update the spatial distribution maps of golden mussel-infested water bodies posted on its internet website no less than quarterly based on monitoring and reported detections, as prescribed.
(2) Existing law requires every manufacturer of, importer of, or dealer in any pesticide, except as specified, to obtain a certificate of registration from the Department of Pesticide Regulation before the pesticide is offered for sale. Existing law requires the Director of Pesticide Regulation to endeavor to eliminate from use in the state specified pesticides, and in carrying out this responsibility, to develop an orderly program for the continuous evaluation of all pesticides actually registered, as specified.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the national pollutant discharge elimination system permit program.
This bill would require, in response to an invasive species threat, including, but not limited to, the threat of golden mussels, the department, state board, and regional boards to work with state and local agencies in order to quickly and efficiently respond to the threat. The bill would require the department and state board to identify any tools available to assist a state or local agency in rapidly responding to the invasive species threat and to help identify any existing processes that allow for the rapid use of any tool that could be used to address the invasive species threat and enables a streamlined or faster administrative or procedural process. The bill would require the state board, if necessary, to help coordinate efforts between the regional boards in response to a threat of an invasive species.
(3) This bill would declare that it is to take effect immediately as an urgency statute.

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

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Invasive golden mussels are a serious threat to water infrastructure, water systems, water bodies, and ecosystem health.
(2) Golden mussels have been detected throughout the Sacramento-San Joaquin Delta and in the southern portion of the State Water Project, creating an emerging crisis that necessitates an emergency response.
(3) Golden mussels tolerate a wider range of environmental conditions than other invasive mussel species previously encountered in the state, and have been able to establish robust populations throughout the Delta.
(4) Several mollusk treatment methodologies, including filters, ultraviolet light, chemicals, and coatings, are available and may be effective to control the spread and settlement of golden mussels. These methodologies are being tested and refined for use specifically against golden mussels under various conditions across the state.
(5) In order to maintain the function of water supply systems and facilities, golden mussels must be removed from pipes, screens, filters, and other infrastructure. Water agencies are experiencing a significant increase in these maintenance activities.
(6) To promote efficiency, permitting efforts to control and mitigate the effects of golden mussels in the state must strategically align existing processes to reduce the amount of time necessary to prepare, submit, process, and approve subsequent permits.
(7) To combat the spread of golden mussels, it is necessary to engage in scientific research efforts to obtain information on golden mussel biology and ecology and feasibility studies for prevention, mitigation, control, and eradication methods.
(b) It is the intent of the Legislature in enacting this act to do both of the following:
(1) Support public and private agencies that operate water supply systems in the prevention, mitigation, control, and eradication of golden mussels.
(2) Align permitting processes to better support the necessary rapid response to prevent serious impacts of golden mussels on water infrastructure, water supply systems, and water bodies.

SEC. 2.
Section 2150.6 is added to the Fish and Game Code, to read:
2150.6.
(a) A public or private agency that operates a water supply system and has submitted a control plan to the department, prepared pursuant to subdivision (d) of Section 2301, shall be exempt from any permit requirement for golden mussels pursuant to this chapter for maintenance and operational activities in the water supply system, including removing golden mussels from pipes, screens, filters, and other infrastructure in accordance with the submitted control plan.
(b) An exemption under subdivision (a) shall remain in effect for a particular public or private agency until the department determines the agency’s control plan does not meet the statutory requirements for control plans or approves the control plan.

SEC. 3.
Section 2301.5 is added to the Fish and Game Code, to read:
2301.5.
(a) The department’s Invasive Species Program shall develop, by April 1, 2027, guidance for public and private agencies that operate water supply systems to develop effective control plans pursuant to subdivision (d) of Section 2301. The guidance shall include relevant protocols, example standards, and statutory requirements of a control plan. Other than the statutory requirements of a control plan contained in the guidance, the guidance is voluntary for a public or private agency that operates a water supply system to comply with.
(b) (1) The department’s Invasive Species Program shall develop and publish on the department’s internet website, by April 1, 2027, guidance for scientific research conducted by or for public and private agencies that operate water supply systems to control the spread of golden mussels, including biology, ecology, and feasibility studies for golden mussel prevention, mitigation, control, and eradication methods. The guidance shall also include mussel handling standards for mussel handling to minimize any potential negative impacts of the possession and transportation of golden mussels.
(2) A public or private agency that operates a water supply system and does not have an approved control plan pursuant to subdivision (d) of Section 2301 may submit to the department a streamlined project proposal for scientific research that investigates the biology, ecology, and feasibility of golden mussel prevention, mitigation, control, and eradication methods. The project proposal shall comply with the guidance published pursuant to paragraph (1). For a public or private agency not submitting a project proposal, the guidance is voluntary to comply with.
(3) Scientific research described in a project proposal submitted pursuant to paragraph (2) is exempt from scientific collecting permits for golden mussels under Section 1002 and restricted species permits for golden mussels under Section 2150.
(4) An exemption under paragraph (3) shall terminate for a particular public or private agency upon the agency’s submission of a control plan to the department pursuant to subdivision (d) of Section 2301.
(c) The department shall update the spatial distribution maps of golden mussel-infested water bodies posted on its internet website no less than quarterly based on monitoring and reported detections. The maps shall distinguish between reported and confirmed detections of golden mussels and include the date of the most recent map update to provide the most accurate and up-to-date information.

SEC. 4.
Section 12824.1 is added to the Food and Agricultural Code, to read:
12824.1.
(a) In response to an invasive species threat, including, but not limited to, the threat of golden mussels, the department shall work with state and local agencies in order to quickly and efficiently respond to the threat. The department shall identify any tools available to assist a state or local agency in rapidly responding to the invasive species threat. This may include, but is not limited to, identifying any strategy, including an integrated pest management strategy, or a registered pesticide that would be a valuable tool to address the threat.
(b) The department shall help identify any existing processes that allow for the rapid use of any tool that could be used to address the invasive species threat and enables a streamlined or faster administrative or procedural process.

SEC. 5.
Section 13371 is added to the Water Code, to read:
13371.
(a) In response to an invasive species threat, including, but not limited to, the threat of golden mussels, the state and regional boards shall work with state and local agencies in order to quickly and efficiently respond to the threat. The state board shall identify any tools available to assist a state or local agency in rapidly responding to the invasive species threat.
(b) The state board shall help identify any existing processes that allow for the rapid use of any tool that could be used to address the invasive species threat and enables a streamlined or faster administrative or procedural process.
(c) The state board, shall, if necessary, help coordinate efforts between the regional boards in response to a threat of an invasive species.

SEC. 6.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to respond to the serious threat golden mussels pose to water infrastructure, water systems, water bodies, and ecosystem health, which has created an emerging crisis that necessitates an emergency response, it is necessary that this act take immediate effect.