Assembly BillPassed first houseFish and Game
AB 1772: Fish and wildlife: invasive species: invasive mussels.
What AB 1772 does, verified August 15, 2026
The bill aims to improve the prevention and control of invasive mussels in California's water supply systems. It requires water supply system operators to update their plans to address all invasive mussel species present in their systems as of January 1, 2026. The plans must be completed within 180 days of detection of a new invasive species. The bill also requires operators to minimize or eliminate the spread of invasive mussels. Additionally, it revises the definition of invasive mussels to include any nonnative biofouling mussel. The bill establishes a voluntary framework to prevent the overland spread of invasive mussels through the conveyance of watercraft overland. This framework includes minimum standards for watercraft inspection, decontamination, and quarantine, as well as a banding program to confirm the inspection, decontamination, or quarantine status of a watercraft.
Bill journey
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5GovernorPending
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Last action: In committee: Held under submission. (2026-08-13)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions22 total · showing 5
| Aug. 13, 2026 | In committee: Held under submission. |
| Aug. 03, 2026 | In committee: Referred to APPR. suspense file. |
| Jul. 01, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 30). Re-referred to Com. on APPR. |
| Jun. 25, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Jun. 24, 2026 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 23). Re-referred to Com. on JUD. |
Latest bill textAmended version, June 25, 2026 · 7,026 words
| Amended IN Senate June 25, 2026 |
| Amended IN Senate June 15, 2026 |
| Amended IN Assembly April 27, 2026 |
| Amended IN Assembly March 23, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1772
| Introduced by Assembly Member Papan (Principal coauthor: Assembly Member Ransom) (Coauthors: Assembly Members Ávila Farías, Bains, Boerner, Caloza, Jeff Gonzalez, Hart, Celeste Rodriguez, Rogers, and Blanca Rubio) |
February 09, 2026 |
An act to amend Sections 2301 and 2303 of, to add Sections 2301.1, 2301.2, 2301.3, 2301.4, 2301.6, and 2301.7 to, and to add Chapter 3.6 (commencing with Section 2305) to Division 3 of, the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1772, as amended, Papan. 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.
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) Aquatic invasive species, including the golden mussel, threaten the ecological health, recreational value, and operational integrity of California’s lakes, rivers, reservoirs, and water conveyance facilities.
(2) Efforts to control or prevent the spread of the golden mussel and other aquatic invasive species result in extensive operational and economic impacts to water delivery and hydropower, and have impacted public access to recreational opportunities such as boating, fishing, and other water-dependent activities.
(3) No single entity can bear the increasing costs of managing the impacts of golden mussels. The recreational boating community faces increasing costs related to decontamination, quarantine requirements, and aquatic invasive species sticker fees, while water managers face significant costs related to implementing costly prevention and control measures. Without efforts to contain the spread of golden mussels, costs will continue to rise leading to impacts on water affordability for ratepayers.
(4) The effects of golden mussels on California’s water systems are currently being studied, and improvements in prevention and mitigation efforts will need to incorporate the latest scientific advancements to effectively respond to the issue.
(5) The Harbors and Watercraft Revolving Fund, established in Section 85 of the Harbors and Navigation Code, is structurally imbalanced and remains in deficit, thereby requiring the identification and adoption of alternative and sustainable funding sources to support statewide aquatic invasive species prevention and mitigation programs.
(6) Establishing uniform statewide standards for vessel decontamination, including standards applicable to both motorized and nonmotorized paddlecraft, along with a system of tracking compliance with standards, monitoring watercraft launches, and information sharing and voluntary reciprocity among waterbodies, will improve efficiency, protect natural resources, and support California’s economic and recreational interests.
(7) Inspection programs help prevent the spread of aquatic species via transportation conveyances. These programs provide for the inspection and decontamination of conveyances, as well as an opportunity for outreach and education on the risks posed by the introduction and spread of aquatic invasive species. The programs protect both the environmental and recreational values of the state’s waters, infrastructure, and economy.
(8) The transportation of recreational watercraft and associated equipment from one waterbody to another is a primary vector for the spread of aquatic invasive species.
(b) It is the intent of the Legislature in enacting this bill to accomplish all of the following:
(1) Require the use of a single, statewide database to track the movement of vessels, equipment, and other vectors among California waterbodies, providing waterbody managers with accurate information on the prior contamination status of these vessels.
(2) Provide uniform decontamination standards and certification of decontamination for vessels and equipment moving between noninfested waterbodies, thereby facilitating safe recreational access.
(3) Promote a system of voluntary reciprocity between waterbodies.
SEC. 2.
Section 2301 of the Fish and Game Code is amended to read:2301.
(a) (1) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or planted in any water within the state, invasive mussels.(2) The director or the director’s designee may do all of the following:
(A) Conduct inspections of conveyances, which include vehicles, boats and other watercraft, containers, and trailers, that may carry or contain adult or larval invasive mussels. Included as part of this authority to conduct inspections is the authority to temporarily stop conveyances that may carry or contain adult or larval invasive mussels on any roadway or waterway in order to conduct inspections.
(B) (i) Order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department.
(ii) An order to dry pursuant to clause (i) may require the owner or person in possession of the conveyance to dry the conveyance for a designated period of time before launching into waters of the state. A conveyance shall not be launched until the required drying period has been completed.
(iii) If issued an order to dry pursuant to clause (i), an owner or person in possession of the conveyance may retain possession of the conveyance during the drying period, subject to any requirements established by the department such as attaching a tamper-proof device to the conveyance that prevents the conveyance from coming into contact with water without being broken.
(C) Impound or quarantine conveyances in locations designated by the department for the period of time necessary to ensure that invasive mussels can no longer live on or in the conveyance.
(D) (i) Conduct inspections of waters of the state and facilities located within waters of the state that may contain invasive mussels. If invasive mussels are detected or may be present, the director or the director’s designee may order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or disinfected in a manner and for a duration necessary to detect and prevent the spread of invasive mussels within the state.
(ii) For the purpose of implementing clause (i), the director or the director’s designee shall order the closure or quarantine of, or restrict access to, these waters, areas, or facilities in a manner and duration necessary to detect and prevent the spread of invasive mussels within the state. A closure, quarantine, or restriction shall not be authorized by the director or the director’s designee without the concurrence of the Secretary of the Natural Resources Agency. If a closure lasts longer than seven days, the department shall update the operator of the affected facility every 10 days on efforts to address the invasive mussel infestation. The department shall provide these updates in writing and also post these updates on the department’s internet website in an easily accessible manner.
(iii) The department shall develop procedures to ensure proper notification of affected local and federal agencies, and, as appropriate, the Department of Water Resources, the Department of Parks and Recreation, and the State Lands Commission in the event of a decision to close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the department’s internet website required by clause (ii).
(iv) When deciding the scope, duration, level, and type of restrictions, and specific location of a closure or quarantine, the director shall consult with the agency, entity, owner, or operator with jurisdiction, control, or management responsibility over the marina, boat launch facility, or other facility, in order to focus the closure or quarantine to specific areas and facilities so as to avoid or minimize disruption of economic or recreational activity in the vicinity.
(b) (1) Upon a determination by the director that it would further the purposes of this section, other parties or state agencies, including, but not limited to, the Department of Parks and Recreation, the Department of Water Resources, the Department of Food and Agriculture, and the State Lands Commission, may exercise the authority, or portions of that authority, granted to the department in subdivision (a).
(2) A determination made pursuant to paragraph (1) shall be in writing and shall remain in effect until withdrawn, in writing, by the director.
(c) (1) Except as provided in paragraph (2), Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the implementation of this section.
(2) An action undertaken pursuant to subparagraph (B) of paragraph (2) of subdivision (a) involving the use of chemicals other than salt or hot water to decontaminate a conveyance or a facility is subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
(d) (1) A public or private agency that operates a water supply system shall cooperate with the department to implement measures to avoid infestation by invasive mussels and to control or eradicate any infestation that may occur in a water supply system. If invasive mussels are detected, the operator of the water supply system, in cooperation with the department, shall prepare and implement a plan to control or eradicate invasive mussels within the system to minimize or eliminate the spread of an invasive mussel. The approved plan shall contain the following minimum elements:
(A) Methods for delineation of infestation, including both adult mussels and veligers.
(B) Methods for control or eradication of adult mussels and decontamination of water containing larval mussels.
(C) A systematic monitoring program to determine any changes in conditions.
(D) The requirement that the operator of the water supply system permit inspections by the department as well as cooperate with the department to update or revise control or eradication measures in the approved plan to address scientific advances in the methods of controlling or eradicating mussels and veligers.
(2) If the operator of water delivery and storage facilities for public water supply purposes has prepared, initiated, and is in compliance with all the elements of an approved plan to control or eradicate invasive mussels in accordance with paragraph (1), the requirements of subdivision (a) do not apply to the operation of those water delivery and storage facilities, and the operator is not subject to any civil or criminal liability for the introduction of invasive mussel species as a result of those operations. The department may require the operator of a facility to update its plan, and if the plan is not updated or revised as described in this subdivision, subdivision (a) shall apply to the operation of the water delivery and storage facilities covered by the plan until the operator updates or revises the plan and initiates and complies with all of the elements of the updated or revised plan.
(3) On or before December 31, 2026, the department shall review all approved plans pursuant to this subdivision. The department shall require water supply system operators to update the plans to address all invasive mussel species present in their system as of January 1, 2026, on or before September 30, 2027.
(4) Every invasive mussel species detected in a water supply system after January 1, 2026, shall be addressed in a plan pursuant to this subdivision no later than 180 days from the date the species is detected. The department shall approve plans or provide written comments and suggestions on plan deficiencies within 180 days from the date of plan submission.
(e) Any entity that discovers invasive mussels within this state shall immediately report the discovery to the department.
(f) (1) In addition to any other penalty provided by law, any person who violates this section, violates any verbal or written order or regulation adopted pursuant to this section, or who resists, delays, obstructs, or interferes with the implementation of this section, is subject to a penalty, in an amount not to exceed one thousand dollars ($1,000), that is imposed administratively by the department.
(2) A penalty shall not be imposed pursuant to paragraph (1) unless the department has adopted regulations specifying the amount of the penalty and the procedure for imposing and appealing the penalty.
(g) The department may adopt regulations to carry out this section.
(h) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section.
(i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.
SEC. 3.
Section 2301.1 is added to the Fish and Game Code, to read:2301.1.
(a) (1) Inspection and decontamination of conveyances for aquatic invasive species in the state shall be performed in accordance with uniform standards and procedures that the department shall establish for decontaminating conveyances and the treatment and disposal of water, organism, and organic materials yielded from the decontamination process. These standards and procedures shall be effective at removing or destroying invasive mussels and shall be performed in a manner that ensures no viable invasive mussels remain on or in the conveyance before launch.(2) At a minimum, decontamination shall include all of the following:
(A) Removal of all visible plant materials, mud, and organisms from the conveyance and any associated equipment, including equipment that transports the conveyance.
(B) Draining and treatment of all water-containing compartments, including, but not limited to, bilges, ballast tanks, live wells, and engine cooling systems.
(C) Treatment of exterior surfaces and all water-contact components using heated water or other department-approved methods demonstrated to achieve mortality of invasive species.
(D) Flushing or treatment of internal systems, including engines, ballast systems, and plumbing, in a manner sufficient to eliminate viable invasive mussels.
(3) (A) Standards and procedures established by the department shall, at a minimum, be compliant with the Uniform Minimum Protocols and Standards for Watercraft Interception Programs for Dreissenid Mussels in the Western United States prepared by the Pacific States Marine Fisheries Commission that have been developed for invasive dreissenid mussels.
(B) The standards and procedures shall be informed by the best available science.
(C) The department may consult with water agencies and recreational boaters to develop the standards and procedures.
(4) The department shall implement this chapter in a manner consistent with the requirements for decontamination described in paragraph (2) regardless of whether the department has adopted standards and procedures for decontamination pursuant to paragraph (1).
(b) Before launch into the waters of the state, a conveyance shall be subject to decontamination or quarantine if a qualified inspector determines under this chapter that any of the following conditions exist:
(1) Invasive mussels are detected or reasonably suspected to be present on or in the conveyance.
(2) The conveyance has been operated in or transported from an infested waterbody.
(3) The conveyance contains water in compartments, systems, or structures that cannot be completely drained.
(c) If a person refuses to submit to decontamination or quarantine of a conveyance pursuant to subdivision (b) found or reasonably believed to harbor aquatic invasive species, or due to personal hardship is unable to immediately accompany the conveyance for decontamination, a law enforcement officer may detain or impound the conveyance until the decontamination is complete.
(d) The owner of a conveyance that is decontaminated or detained due to failure to cooperate by the owner or person in possession of the conveyance is liable for all costs associated with the decontamination or impoundment, in accordance with the applicable rules promulgated by the department.
(e) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section, provided the department adhered to all standards, procedures, and regulations promulgated by the department under this chapter.
(f) The department may adopt regulations to implement this section.
(g) Notwithstanding any other law, the operator of a water supply system with an approved control plan pursuant to Section 2301 and who operates or contracts for the operation of their own inspection and decontamination station for their own water supply system may choose to continue to use their own inspection and decontamination station dedicated to their water supply system upon notification to the department. An operator using their own inspection and decontamination station in this manner shall provide to the department documentation of the inspection, decontamination, and other relevant processes and procedures used to prevent the introduction of invasive mussel species to their water supply system.
SEC. 4.
Section 2301.2 is added to the Fish and Game Code, to read:2301.2.
(a) A licensed inspection and decontamination station may issue an inspection, decontamination, or quarantine certificate to the owner or person in possession of a conveyance that has been inspected pursuant to Section 2301. The certificate shall reflect all of the following:(1) The name of the station and of the qualified inspector who conducted the inspection.
(2) The date, place, and time of the inspection.
(3) Any preventative measures performed or ordered.
(4) Any decontamination performed.
(b) If the station issues an inspection, decontamination, or quarantine certificate to the owner or person in possession of the conveyance, the station shall attach a tamper-proof device to the conveyance. The device may be a seal, tag, or band that prevents the conveyance from coming into contact with waters of the state without being broken.
(c) The department shall establish a minimum retention period for inspection and decontamination certificates issued under this section.
(d) The department may recognize, by reciprocity, an inspection or decontamination certificate issued by another government entity, if the other governmental entity adheres to the minimum standards for inspection, decontamination, and quarantine established pursuant to Section 2301.1.
(e) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section, provided the department adhered to all standards, procedures, and regulations promulgated by the department under this chapter.
(f) The department may adopt regulations to implement this section.
SEC. 5.
Section 2301.3 is added to the Fish and Game Code, to read:2301.3.
(a) The department shall have the sole and exclusive authority within the state for developing and implementing a statewide program for the inspection and decontamination of conveyances for aquatic invasive species in accordance with this chapter. The inspection and decontamination program shall consist of licensed inspection and decontamination stations with qualified inspectors that inspect and decontaminate conveyances and issue certificates of compliance to conveyances that meet the requirements of this chapter or notices of noncompliance to conveyances that do not meet the requirements of this chapter.(b) (1) The inspection and decontamination program shall only be conducted at inspection and decontamination stations licensed by the department and by inspectors who are qualified pursuant to subdivision (a) of Section 2301.4.
(2) A licensed inspection and decontamination station shall do all of the following:
(A) Comply with standards, procedures, and regulations adopted by the department pursuant to this chapter.
(B) Only permit inspection and decontamination by qualified inspectors.
(C) Employ the use of department-approved decontamination equipment, certification documentation, and tamper-proof devices pursuant to subdivision (b) of Section 2301.2.
(D) Use the WID Data Sharing System pursuant to Section 2301.6.
(E) Maintain educational materials regarding aquatic invasive species identification and initiatives such as the clean, drain, dry standard.
(F) Display an identifying sign prescribed by the department in a manner conspicuous to the public that indicates the current qualification status of the station.
(G) Permit the department, or an authorized representative, to access the station for purposes of examining equipment, records, inspection logs, decontamination records, tamper-proof devices, certifications, and related program materials.
(c) (1) The department shall develop standards for the licensing of inspection and decontamination stations. Inspection and decontamination services at the station shall only be performed by a qualified inspector to achieve the standards adopted pursuant to Section 2301.1.
(2) The department shall establish performance standards for a licensed inspection and decontamination station for which compliance is determined through periodic inspections.
(3) The department shall develop and implement a quality assurance program, such as a secret shopper program, to audit inspection and decontamination stations and ensure compliance with department-established standards and procedures pursuant to this chapter.
(d) (1) The license of an inspection and decontamination station shall expire after two years. The department may require passage of a licensing test and ongoing training to renew a station’s license.
(2) Failure at any time of a licensed inspection and decontamination station to meet standards established pursuant to this chapter applicable to inspection and decontamination stations shall result in revocation of the station’s license.
(3) The department shall provide a licensed inspection and decontamination station with written or electronic notice before revoking its license pursuant to paragraph (2). The notice shall specify the grounds for the revocation.
(4) The department shall develop a process and timeline for a station to contest a license revocation.
(e) The department shall encourage the establishment of a sufficient number of licensed inspection and decontamination stations in locations to ensure reasonable accessibility and convenience of boaters and the control of the spread of invasive mussels.
(f) The department shall post on its internet website a list, compiled by region, of licensed inspection and decontamination stations and identify stations that have been found to be noncompliant with departmental standards and have had their licenses revoked.
(g) A licensed inspection and decontamination station shall annually report to the department all of the following information:
(1) The number of certificates issued to conveyances that meet the requirements of this chapter.
(2) The number of notices of noncompliance issued to conveyances that do not meet the requirements of this chapter.
(3) The number of each invasive species intercepted at the station.
(4) Any other information the department requires.
(h) Licensing fees for inspection and decontamination stations under this section shall be imposed by the department in an amount that does not exceed the reasonable regulatory costs of administering the licensing program.
(i) The department may adopt regulations to implement this section.
SEC. 6.
Section 2301.4 is added to the Fish and Game Code, to read:2301.4.
(a) To qualify as a qualified inspector, an inspector shall pass a qualification test administered by the department, in addition to meeting any minimum experience and training criteria established by the department.(b) The department shall establish standards for training, equipment, performance, and data collection for inspection and decontamination stations. The department may do either of the following:
(1) (A) Develop, in consultation with interested stakeholders, a training program and accompanying materials to be used to qualify individuals who apply to perform inspections and decontaminations. The department’s training program and accompanying materials shall, at a minimum, align with the Pacific States Marine Fisheries Commission’s watercraft inspection and decontamination Level 2 training program.
(B) If the department develops its own training program pursuant to subparagraph (A), the department shall grant qualified inspector status to both of the following upon application of the individual:
(i) An individual with a current Level 2 Inspector and Decontaminator or an Advanced Decontamination training certificate issued by the Pacific States Marine Fisheries Commission.
(ii) An individual with a current training certificate of a training program that adheres to the minimum standards for inspection, decontamination, and quarantine established in the Uniform Minimum Protocols and Standards for Watercraft Interception Programs for Dreissenid Mussels in the Western United States prepared by the Pacific States Marine Fisheries Commission.
(2) In lieu of developing its own training program pursuant to paragraph (1), grant qualified inspector status to individuals who have completed the Pacific States Marine Fisheries Commission’s watercraft inspection and decontamination Level 2 training program.
(c) The department shall prescribe training and periodic retraining courses for qualified inspectors.
(d) (1) A qualified inspector’s qualification shall expire after two years. The department may require passage of a qualification test and ongoing training to renew an inspector’s qualification.
(2) Failure at any time of a qualified inspector to meet standards established pursuant to this chapter applicable to qualified inspectors shall result in disqualification to inspect and decontaminate conveyances.
(3) The department shall provide a qualified inspector and the relevant licensed inspection and decontamination station with written or electronic notice before imposing a disqualification pursuant to paragraph (2). The notice shall specify the grounds for the disqualification.
(4) The department shall develop a process and timeline for a qualified inspector to contest a disqualification.
(e) The department shall develop standards for qualifying institutions and instructors for purposes of providing training of qualified inspectors. The standards shall include criteria for manuals, textbooks, equipment, exercises, hands-on work, examinations, and other matters the department determines necessary for a course of instruction. The standards shall also specify the conditions under which an institution or instructor may be disqualified to train qualified instructors, and how a disqualified institution or instructor may regain qualification. The department shall make the standards available on its internet website.
(f) Qualification fees for qualified inspectors under subdivision (a) and qualified institutions and instructors under subdivision (e) shall be imposed by the department in an amount that does not exceed the reasonable regulatory costs of administering the qualification program.
(g) The department may adopt regulations to implement this section.
SEC. 7.
Section 2301.6 is added to the Fish and Game Code, to read:2301.6.
(a) The department shall use the Regional Watercraft Inspection and Decontamination (WID) Data Sharing System managed by the Colorado Parks and Wildlife Division of the Colorado Department of Natural Resources for tracking the movement of conveyances, equipment, and other vectors among California waterbodies. (b) An inspection and decontamination station shall enter each inspected, decontaminated, or quarantined conveyance into the WID Data Sharing System.
(c) The manager of a waterbody of the state that has a staffed launch point shall register each launching conveyance into the WID Data Sharing System.
(d) The department shall provide guidance to entities that own or manage reservoirs, as defined in Section 6004.5 of the Water Code, or other launch points, on how to track decontaminated and inspected conveyances in the WID Data Sharing System.
(e) The department shall encourage the use of the WID Data Sharing System across the state.
(f) Data gathered by the WID Data Sharing System or its equivalent shall be used solely for the purposes of the prevention of invasive mussel species infestations of the state’s waterbodies and shall not be sold, bartered, or provided to other public or private parties, or used in any other way for any other purpose.
SEC. 8.
Section 2301.7 is added to the Fish and Game Code, to read:2301.7.
(a) The department shall encourage public or private agencies that operate a water supply system to enter into reciprocity agreements with other agencies to allow the launch of conveyances without quarantine or decontamination for conveyances moving between waterbodies operated by those agencies. Participation by a public or private agency in any reciprocity agreement is voluntary.(b) A public or private agency that operates a water supply system shall notify the department of a reciprocity agreement entered into pursuant to subdivision (a).
(c) The department shall maintain a comprehensive list of reciprocity agreements on its internet website.
SEC. 9.
Section 2303 of the Fish and Game Code is amended to read:2303.
For purposes of this chapter, the following definitions apply:(a) “Invasive mussel” means any nonnative biofouling mussel species that is capable of spreading in freshwater and is listed in a regulation adopted by the commission pursuant to Section 2118.
(b) “Licensed inspection and decontamination station” means an inspection and decontamination station that has been licensed by the department pursuant to paragraph (1) of subdivision (c) of Section 2301.3.
(c) “Qualified inspector” means an inspector that passes a qualification test administered by the department, in addition to meeting any minimum experience and training criteria established by the department pursuant to subdivision (a) of Section 2301.4.
(d) “WID Data Sharing System” means the Regional Watercraft Inspection and Decontamination Data Sharing System managed by the Colorado Parks and Wildlife Division of the Colorado Department of Natural Resources described in subdivision (a) of Section 2301.6.
SEC. 10.
Chapter 3.6 (commencing with Section 2305) is added to Division 3 of the Fish and Game Code, to read:CHAPTER 3.6. Nonmotorized Vessel Invasive Mussel Infestation Prevention Fee
2305.
(a) (1) On or before January 1, 2028, the department shall collect, in addition to any other fee imposed under existing law, an invasive mussel infestation prevention fee from each nonmotorized vessel owner for each nonmotorized vessel launched into waters of the state.(2) The fee shall be twenty dollars ($20) per nonmotorized vessel every two years.
(3) The amount in paragraph (2) shall be adjusted for inflation every odd-numbered year using the California Consumer Price Index to the nearest whole dollar value.
(4) Notwithstanding paragraphs (2) and (3), the fee shall not exceed the reasonable regulatory costs of the state to implement this chapter.
(b) Upon payment of the invasive mussel infestation prevention fee pursuant to subdivision (a), the department shall issue an invasive mussel infestation prevention sticker to the vessel owner, to be affixed to the nonmotorized vessel in a manner deemed appropriate by the division.
(c) (1) A nonmotorized vessel operator may be issued a citation for operating the vessel in nonmarine waters without a valid state-issued invasive mussel infestation prevention sticker. A citation issued pursuant to this section shall not exceed twice the cost of the sticker.
(2) Section 12000 does not apply to a violation of this chapter.
(d) Any evidence of tampering with the invasive mussel infestation prevention sticker shall void the sticker.
(e) (1) All revenues collected from the fee pursuant to subdivision (a) shall be deposited into the Nonmotorized Vessel Invasive Mussel Infestation Prevention Account, which is hereby created within the Harbors and Watercraft Revolving Fund. Upon appropriation by the Legislature, moneys in the account shall be expended solely for the purposes set forth in subdivision (a) of Section 2306. None of the revenues collected from the fee pursuant to subdivision (a) shall be used for any purpose other than those explicitly authorize authorized by subdivision (a) of Section 2306.
(2) Revenues collected from any citation issued under subdivision (c) shall be deposited into the Nonmotorized Vessel Invasive Mussel Infestation Prevention Penalty Account, which is hereby created within the Harbors and Watercraft Revolving Fund. Upon appropriation by the Legislature, moneys in the account shall be expended solely for the purposes set forth in subdivision (c) of Section 2306.
(f) The department may contract with another state agency, a vendor, or an authorized license agent for the issuance of the sticker described in subdivision (b).
(g) The division shall develop educational materials to be provided before issuance of the sticker described in subdivision (b).
2306.
(a) Moneys deposited into the Nonmotorized Vessel Invasive Mussel Infestation Prevention Account pursuant to Section 2305 shall be available, upon appropriation by the Legislature, for the following purposes:(1) For reasonable regulatory costs, not to exceed 15 percent of the revenues deposited into the account, of the department or other entity issuing stickers pursuant to subdivision (b) of Section 2306 and of administering this chapter.
(2) For the division’s reasonable regulatory costs, not to exceed 10 percent of the revenues deposited into the account, to administer the grants pursuant to paragraph (3).
(3) For an amount not less than 40 percent of the remaining revenues deposited into the account for grants to entities subject to subdivision (a) of Section 2302 for the reasonable regulatory costs incident to the implementation of an invasive mussel infestation prevention plan that is consistent with the requirements of Section 2302. For purposes of this paragraph, “reasonable regulatory costs” include costs associated with the investigation and inspection of a nonmotorized vessel for the presence of invasive mussels before contact with a reservoir.
(b) For purposes of awarding grants pursuant to paragraph (3) of subdivision (a), the division shall do all of the following:
(1) Give priority to invasive mussel infestation prevention that is consistent with Section 2302 and that also includes visual and manual inspection standards and other infestation prevention procedures consistent with either the Natural Resources Agency’s Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resources Agency’s California Aquatic Invasive Species Management Plan, dated January 2008, or similar guidebooks and management plans subsequently adopted by the Natural Resources Agency.
(2) Take into consideration the benefits of regional-scale invasive mussel infestation prevention plans and coordination to contain the spread of invasive mussels.
(3) Take into consideration the unique economic, ecological, and recreational impacts to rural and urban reservoirs from invasive mussel infestation.
(4) Take into consideration the value of continued recreational access and public use of the recreational areas.
(c) Moneys deposited into the Nonmotorized Vessel Invasive Mussel Infestation Prevention Penalty Account pursuant to Section 2305 shall be available, upon appropriation by the Legislature, for both of the following:
(1) For grants to entities who have an approved control plan pursuant to subdivision (d) of Section 2301 for activities that reduce the risk of the overland spread of invasive mussels.
(2) For the division to generate and distribute educational materials and signage that do all of the following:
(A) Inform vessel operators and the public about the impact of invasive mussels on the environment and the waterways of the state.
(B) Encourage vessel operators to enact behaviors that reduce the risk of invasive mussel infestation, including the clean, drain, dry standard.
(C) Support the development of educational materials provided pursuant to subdivision (g) of Section 2305.
(d) As a condition of receiving grant funding pursuant to this section, an entity receiving funding shall report to the division data, as deemed appropriate by the division, regarding invasive mussel prevention and inspection programs and control programs implemented with the funding.
2307.
For purposes of this chapter, the following definitions apply:(a) “Division” means the Division of Boating and Waterways within the Department of Parks and Recreation.
(b) (1) “Nonmotorized vessel” means an inflatable or rigid vessel, including any of the following:
(A) Canoe.
(B) Kayak.
(C) Rowing boat.
(D) Sailboat shorter than eight feet.
(E) Sailboard or parasail.
(F) Raft.
(G) Paddleboard.
(2) “Nonmotorized vessel” does not include either of the following:
(A) A vessel that will only be in marine waters.
(B) A vessel required to be registered pursuant to Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code.
(c) “Harbors and Watercraft Revolving Fund” means the Harbors and Watercraft Revolving Fund created pursuant to Section 85 of the Harbors and Navigation Code.
(d) “Marine waters” means those waters subject to tidal influence.
(e) “Reservoir” has the same meaning as defined in Section 6004.5 of the Water Code.
(f) “Waters of this state” means any waters within the territorial limits of this state.
SEC. 11.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 12.
The Legislature finds and declares that Section 7 of this act, which adds Section 2301.6 to the Fish and Game Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the sensitive information contained in the Regional Watercraft Inspection and Decontamination Data Sharing System and ensure the data is only used for the prevention of invasive mussel species infestations of the state’s waterbodies, it is necessary that this act limit the public’s right of access to that information.
Text of AB 1772 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions