Bill Text: CA SB1251 | 2011-2012 | Regular Session | Amended

California Senate Bill 1251 (Prior Session Legislation)

Bill Title: Ocean Protection Council: Aquatic Invasive Species

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1251 Detail]

Download: California-2011-SB1251-Amended.html

BILL NUMBER: SB 1251	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Evans

                        FEBRUARY 23, 2012

   An act to add Section 35626 to the Public Resources Code, relating
to coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1251, as amended, Evans. Ocean Protection Council: Aquatic
Invasive Species Working Group.
   Existing law establishes the Ocean Protection Council, and
prescribes the membership and functions and duties of the council.
Existing law requires the council, among other things, to coordinate
activities of state agencies that are related to the protection and
conservation of coastal waters and ocean ecosystems to improve the
effectiveness of state efforts to protect ocean resources within
existing fiscal limitations. Existing law also establishes the
Wildlife Conservation Board, and prescribes its functions and duties
with regard to land preservation and species protection and control.
   This bill would require the council and the board  , upon
appropriation of funding by the Legislature,  to  enter
into a memorandum of agreement to  jointly establish an Aquatic
Invasive Species Working Group for the development and implementation
of an aquatic invasive species control  program, 
 program. The bill would require the Secretary of the Natural
Resources Agency to appoint a member of the council or its executive
director to chair the working group,  comprised of specified
members appointed by the  Secretary of the Natural Resources
Agency   secretary  . The bill would prescribe the
functions and duties of the working group with regard to the
management of aquatic invasive species within different regions of
the state. The bill would require the working group, no later than
January 1, 2014, to prepare and submit to the Legislature a report
containing recommendations for future legislation pertaining to the
management of aquatic invasive species in the state.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35626 is added to the Public Resources Code, to
read:
   35626.  (a) (1) The council and the Wildlife Conservation Board
shall  make a grant, upon appropriation of funding by the
Legislature,   enter into a memorandum of agreement
 to jointly establish an Aquatic Invasive Species Working Group
for the development and implementation of an aquatic invasive species
control program.  The working group shall be comprised of
the following members, who shall be appointed by the Secretary of the
Natural Resources Agency   The Secretary of the Natural
Resources Agency shall appoint a member of the council or its
executive director to chair the working group, which shall be
comprised of the followin   g members appointed by the
secretar   y  :
   (A) One member representing county agricultural commissioners.
   (B) One member representing California horticultural invasive
species prevention groups.
   (C)  One member representing the California Invasive Plant
Council   Two members representing organizations with
expertise in the management of invasive plants in California  .
   (D) One member representing the Western Aquatic Plant Management
Society.
   (E) One member representing the aquarium trade.
   (F) One member representing aquaculture.
   (G) Two members representing marinas in the state, with one member
representing marine water marinas, and the other member representing
freshwater marinas.
   (H) Two members representing commercial shipping interests, with
one member representing northern California shipping, and one member
representing southern California shipping.
   (I) Two members representing recreational boating interests, with
one member representing marine water boating, and one member
representing freshwater boating.
   (J) Two members representing harbors and ports, with one member
representing small ports, and one member representing large ports.
   (K) Two members representing southern California counties.
   (L) Two members representing northern California counties.
   (M) Two members representing environmental organizations.
   (N) Two members representing public water agencies.
   (O) Two members representing recreational fishing interests.
   (P) Two members representing commercial fishing interests.
   (Q) One member representing the California Ocean Science Trust.
   (2) Each of the members appointed pursuant to paragraph (1) shall
designate an alternate member to serve in his or her place when the
member is unavailable.
   (b) The working group shall collaborate with the California
Agencies Aquatic Invasive Species Team (CAAIST). CAAIST shall be
available to assist the working group in an advisory capacity. The
working group and CAAIST shall regularly communicate and exchange
information, and the working group shall notify CAAIST of the date,
time, place, and agenda of its scheduled meetings.
   (c) The working group shall utilize a science panel, comprised of
three to six members with expertise in aquatic invasive species, at
least one of whom shall be a representative of the University of
California. The members of the science panel shall be appointed by
the Secretary of the Natural Resources Agency, and the panel shall
serve in an advisory capacity to the working group. The working group
shall notify the members of the science panel of the date, time,
place, and agenda of its scheduled meetings.
   (d) The working group shall do all of the following:
   (1) Convene participants of the working group, gather and analyze
relevant data pertaining to invasive species, develop an action plan
for the working group, and implement procedures to carry out the
action plan.
   (2) (A) No later than January 1, 2014, the working group shall
prepare and submit to the Legislature, pursuant to Section 9795 of
the Government Code, a report containing recommendations for future
legislation pertaining to the management of aquatic invasive species
in the state. The report shall also be distributed to public agencies
and stakeholder groups, the Invasive Species Council of California,
and the California Invasive Species Advisory Committee. The goal of
the report is to develop a well-funded, comprehensive, statewide
approach to the management and control of aquatic invasive species,
and to facilitate leadership, collaboration, and coordination among
state departments and offices, local governments, and various
stakeholders that emphasize aquatic invasive species education and
outreach, early detection and monitoring, rapid response, control,
and eradication.
   (B) Pursuant to Section 10231.5 of the Government Code, this
paragraph is inoperative on January 1, 2018.
   (3) The working group shall give priority and recommend actions to
implement programs intended to control aquatic invasive species
through prevention, early detection, control, and eradication. The
working group shall recommend the top aquatic invasive species
threats for the purpose of allocating state resources to control
those species. The working group shall recommend funding sources for
a comprehensive statewide control program  , including
consideration of imposing fees on the activities or vectors that
contribute to invasive species in California  , and shall
recommend ways to eliminate duplication among state agencies working
on aquatic invasive species control.
   (4) In carrying out its duties, the working group shall 
utilize specified documents pertaining to aquatic invasive species
control, including, but not limited to, the Aquatic Invasive Species
Rapid Response Plan, the California Aquatic Invasive Species
Management Plan of 2008, Stopping the Spread: A Strategic Framework
for Protecting California from Invasive Species, and any updates of
these plans or documents   rely on the best available
scientific and planning information to fulfill the requirements of
this section  .
   (e) The working group may establish subcommittees from the working
group membership to focus on issues specific to different species of
aquatic invasive species or to particular regions of the state. The
subcommittees shall report their recommendations, if any, to the
working group as a whole.
   (f) The working group shall hold at least one public hearing per
year to solicit input from government agencies, private
organizations, and members of the public.
   (g) The council may provide a grant to the working group to cover
the travel costs and other expenses incurred by members of the
working group in connection with the performance of their duties.

   (h) The working group may integrate its work with that of the
Department of Food and Agriculture to create an integrated approach
for all invasive species in California, both aquatic and terrestrial,
or make one or more policy recommendations to the Legislature to
facilitate that integration.