CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 287Introduced by Senator DoddFebruary 09, 2017 An act to add Section 1017.5 to the Fish and Game Code, relating to habitat restoration. LEGISLATIVE COUNSEL'S DIGESTSB 287, as introduced, Dodd. Habitat restoration: invasive species: Phytophthora pathogers.Existing law establishes the Department of Fish and Wildlife and sets forth the powers and duties of the department with regard to the implementation and administration of, among other things, projects and programs to protect wildlife and wildlife habitat in the state.This bill would require the department, on or before December 31, 2019, to adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Phytophthora, the Latin term for plant destroyer, is a microscopic plant pathogen that can severely damage or kill a wide variety of agricultural, ornamental, and native plants.(2) Phytophthora infestans caused the Great Irish Potato Famine from 1845 to 1849, and Phytophthora ramorum is the pathogen that causes sudden oak death, which has devastated oak and tanoak populations in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial ornamental plant nurseries has been known for some time, but more recently, a wide variety of Phytophthora species have been identified in habitat restoration plantings and native plant nurseries in California.(4) Native plants have no resistance to these introduced pathogens, so they can cause great damage to our wildlands. Planting Phytophthora-infected nursery stock in native habitats may be the most direct means of introducing these pathogens into wildlands.(5) Once these pathogens are introduced into the wild, they are extremely difficult, if not impossible, to eradicate.(6) State agencies promote the use of nursery stock in wildlands through their vegetative coverage standards for habitat restoration projects.(7) Use of infested nursery stock in habitat restoration projects increases long term cost for restoring these habitats due to high rates of plant failure.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) Existing state regulations address detection, not prevention, do not cover the growing number of Phytophthora species being introduced to the state, and do not cover all suppliers for habitat restoration projects.(b) It is the intent of the Legislature that all of the following occur:(1) The spread of harmful plant pathogens in our wildlands be avoided in state actions that authorize, fund, or require habitat restoration in California.(2) The availability of safe plant materials be increased by requiring the use of best management practices by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs reduced, by providing guidance to project sponsors on the procurement and installation of plant materials for their projects.SEC. 2. Section 1017.5 is added to the Fish and Game Code, to read:1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 287Introduced by Senator DoddFebruary 09, 2017 An act to add Section 1017.5 to the Fish and Game Code, relating to habitat restoration. LEGISLATIVE COUNSEL'S DIGESTSB 287, as introduced, Dodd. Habitat restoration: invasive species: Phytophthora pathogers.Existing law establishes the Department of Fish and Wildlife and sets forth the powers and duties of the department with regard to the implementation and administration of, among other things, projects and programs to protect wildlife and wildlife habitat in the state.This bill would require the department, on or before December 31, 2019, to adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 287
Introduced by Senator DoddFebruary 09, 2017
Introduced by Senator Dodd
February 09, 2017
An act to add Section 1017.5 to the Fish and Game Code, relating to habitat restoration.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 287, as introduced, Dodd. Habitat restoration: invasive species: Phytophthora pathogers.
Existing law establishes the Department of Fish and Wildlife and sets forth the powers and duties of the department with regard to the implementation and administration of, among other things, projects and programs to protect wildlife and wildlife habitat in the state.This bill would require the department, on or before December 31, 2019, to adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.
Existing law establishes the Department of Fish and Wildlife and sets forth the powers and duties of the department with regard to the implementation and administration of, among other things, projects and programs to protect wildlife and wildlife habitat in the state.
This bill would require the department, on or before December 31, 2019, to adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Phytophthora, the Latin term for plant destroyer, is a microscopic plant pathogen that can severely damage or kill a wide variety of agricultural, ornamental, and native plants.(2) Phytophthora infestans caused the Great Irish Potato Famine from 1845 to 1849, and Phytophthora ramorum is the pathogen that causes sudden oak death, which has devastated oak and tanoak populations in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial ornamental plant nurseries has been known for some time, but more recently, a wide variety of Phytophthora species have been identified in habitat restoration plantings and native plant nurseries in California.(4) Native plants have no resistance to these introduced pathogens, so they can cause great damage to our wildlands. Planting Phytophthora-infected nursery stock in native habitats may be the most direct means of introducing these pathogens into wildlands.(5) Once these pathogens are introduced into the wild, they are extremely difficult, if not impossible, to eradicate.(6) State agencies promote the use of nursery stock in wildlands through their vegetative coverage standards for habitat restoration projects.(7) Use of infested nursery stock in habitat restoration projects increases long term cost for restoring these habitats due to high rates of plant failure.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) Existing state regulations address detection, not prevention, do not cover the growing number of Phytophthora species being introduced to the state, and do not cover all suppliers for habitat restoration projects.(b) It is the intent of the Legislature that all of the following occur:(1) The spread of harmful plant pathogens in our wildlands be avoided in state actions that authorize, fund, or require habitat restoration in California.(2) The availability of safe plant materials be increased by requiring the use of best management practices by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs reduced, by providing guidance to project sponsors on the procurement and installation of plant materials for their projects.SEC. 2. Section 1017.5 is added to the Fish and Game Code, to read:1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) Phytophthora, the Latin term for plant destroyer, is a microscopic plant pathogen that can severely damage or kill a wide variety of agricultural, ornamental, and native plants.(2) Phytophthora infestans caused the Great Irish Potato Famine from 1845 to 1849, and Phytophthora ramorum is the pathogen that causes sudden oak death, which has devastated oak and tanoak populations in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial ornamental plant nurseries has been known for some time, but more recently, a wide variety of Phytophthora species have been identified in habitat restoration plantings and native plant nurseries in California.(4) Native plants have no resistance to these introduced pathogens, so they can cause great damage to our wildlands. Planting Phytophthora-infected nursery stock in native habitats may be the most direct means of introducing these pathogens into wildlands.(5) Once these pathogens are introduced into the wild, they are extremely difficult, if not impossible, to eradicate.(6) State agencies promote the use of nursery stock in wildlands through their vegetative coverage standards for habitat restoration projects.(7) Use of infested nursery stock in habitat restoration projects increases long term cost for restoring these habitats due to high rates of plant failure.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) Existing state regulations address detection, not prevention, do not cover the growing number of Phytophthora species being introduced to the state, and do not cover all suppliers for habitat restoration projects.(b) It is the intent of the Legislature that all of the following occur:(1) The spread of harmful plant pathogens in our wildlands be avoided in state actions that authorize, fund, or require habitat restoration in California.(2) The availability of safe plant materials be increased by requiring the use of best management practices by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs reduced, by providing guidance to project sponsors on the procurement and installation of plant materials for their projects.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) Phytophthora, the Latin term for plant destroyer, is a microscopic plant pathogen that can severely damage or kill a wide variety of agricultural, ornamental, and native plants.(2) Phytophthora infestans caused the Great Irish Potato Famine from 1845 to 1849, and Phytophthora ramorum is the pathogen that causes sudden oak death, which has devastated oak and tanoak populations in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial ornamental plant nurseries has been known for some time, but more recently, a wide variety of Phytophthora species have been identified in habitat restoration plantings and native plant nurseries in California.(4) Native plants have no resistance to these introduced pathogens, so they can cause great damage to our wildlands. Planting Phytophthora-infected nursery stock in native habitats may be the most direct means of introducing these pathogens into wildlands.(5) Once these pathogens are introduced into the wild, they are extremely difficult, if not impossible, to eradicate.(6) State agencies promote the use of nursery stock in wildlands through their vegetative coverage standards for habitat restoration projects.(7) Use of infested nursery stock in habitat restoration projects increases long term cost for restoring these habitats due to high rates of plant failure.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) Existing state regulations address detection, not prevention, do not cover the growing number of Phytophthora species being introduced to the state, and do not cover all suppliers for habitat restoration projects.(b) It is the intent of the Legislature that all of the following occur:(1) The spread of harmful plant pathogens in our wildlands be avoided in state actions that authorize, fund, or require habitat restoration in California.(2) The availability of safe plant materials be increased by requiring the use of best management practices by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs reduced, by providing guidance to project sponsors on the procurement and installation of plant materials for their projects.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) Phytophthora, the Latin term for plant destroyer, is a microscopic plant pathogen that can severely damage or kill a wide variety of agricultural, ornamental, and native plants.
(2) Phytophthora infestans caused the Great Irish Potato Famine from 1845 to 1849, and Phytophthora ramorum is the pathogen that causes sudden oak death, which has devastated oak and tanoak populations in coastal California and southwest Oregon.
(3) The presence of root-rotting Phytophthora species in commercial ornamental plant nurseries has been known for some time, but more recently, a wide variety of Phytophthora species have been identified in habitat restoration plantings and native plant nurseries in California.
(4) Native plants have no resistance to these introduced pathogens, so they can cause great damage to our wildlands. Planting Phytophthora-infected nursery stock in native habitats may be the most direct means of introducing these pathogens into wildlands.
(5) Once these pathogens are introduced into the wild, they are extremely difficult, if not impossible, to eradicate.
(6) State agencies promote the use of nursery stock in wildlands through their vegetative coverage standards for habitat restoration projects.
(7) Use of infested nursery stock in habitat restoration projects increases long term cost for restoring these habitats due to high rates of plant failure.
(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.
(9) Existing state regulations address detection, not prevention, do not cover the growing number of Phytophthora species being introduced to the state, and do not cover all suppliers for habitat restoration projects.
(b) It is the intent of the Legislature that all of the following occur:
(1) The spread of harmful plant pathogens in our wildlands be avoided in state actions that authorize, fund, or require habitat restoration in California.
(2) The availability of safe plant materials be increased by requiring the use of best management practices by the suppliers of nursery stock for habitat restoration projects.
(3) The success of habitat restoration projects be improved, and their long-term costs reduced, by providing guidance to project sponsors on the procurement and installation of plant materials for their projects.
SEC. 2. Section 1017.5 is added to the Fish and Game Code, to read:1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 2. Section 1017.5 is added to the Fish and Game Code, to read:
### SEC. 2.
1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.
1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.
1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.
1017.5. (a) On or before December 31, 2019, the department shall adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.
(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.
(c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.
(d) On or before December 31, 2018, the department shall submit a report on its progress toward adopting the regulations to the Legislature, including to the appropriate policy committees. The report shall be submitted in compliance with Section 9795 of the Government Code.