California 2017-2018 Regular Session

California Senate Bill SB287 Compare Versions

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1-Amended IN Senate March 15, 2017 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 amended, Dodd. Habitat restoration: invasive species: Phytophthora pathogers. pathogens.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.(1) Phytophthora species, or plant destroyers, in Greek, are microscopic plant pathogens that can severely damage or kill a wide variety of agricultural, ornamental, and forest plants, including native vegetation.(2) Phytophthora infestans caused the Irish Potato Famine in the 1840s, and Phytophthora ramorum causes sudden oak death, which has killed millions of oaks and tanoaks in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial horticultural plant nurseries has been well documented over many years, but recently well over 50 Phytophthora species have been found in habitat restoration plantings and native plant nurseries in California. These include Phytophthora species detected for the first time in the United States and new hybrid species.(4) Restoration plantings can inadvertently introduce Phytophthora species into the soil, contaminating pristine areas, or the limited habitats of threatened, rare, or sensitive plants. Planting pathogen-infected nursery stock in native habitats is the most direct means of introducing invasive exotic diseases into wildlands.(5) Many native plants have little or no natural resistance to these introduced pathogens. Introduction of Phytophthora pathogens can cause the destruction of native habitat and the mortality of endangered species, and is counter to the goals of restoration.(6) Once these pathogens are introduced into the wildlands, parks, open space areas, or wetlands, they are extremely difficult, if not impossible, to eradicate.(7) Use of Phytophthora-infested nursery stock in habitat restoration projects increases long-term costs of restoring these habitats due to high rates of plant failure, reduced growth, and future costs to remediate contaminated sites. Adjacent native vegetation is put at risk to infection.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) State agencies promote the use of nursery stock in wildlands through their vegetative cover standards for habitat restoration projects.(10) No existing state regulations prevent or discourage the use of Phytophthora-infected nursery stock in 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 and clean phytosanitary standards by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs and potential for adverse environmental impacts reduced, by providing guidance to project sponsors on the procurement and installation of clean plant materials that are disease free to the maximum extent possible 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. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.(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.
1+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.
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3- Amended IN Senate March 15, 2017 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 amended, Dodd. Habitat restoration: invasive species: Phytophthora pathogers. pathogens.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
3+ 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
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5- Amended IN Senate March 15, 2017
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7-Amended IN Senate March 15, 2017
6+
7+
88
99 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1010
1111 Senate Bill No. 287
1212
1313 Introduced by Senator DoddFebruary 09, 2017
1414
1515 Introduced by Senator Dodd
1616 February 09, 2017
1717
1818 An act to add Section 1017.5 to the Fish and Game Code, relating to habitat restoration.
1919
2020 LEGISLATIVE COUNSEL'S DIGEST
2121
2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
24-SB 287, as amended, Dodd. Habitat restoration: invasive species: Phytophthora pathogers. pathogens.
24+SB 287, as introduced, Dodd. Habitat restoration: invasive species: Phytophthora pathogers.
2525
2626 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.
2727
2828 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.
2929
3030 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.
3131
3232 ## Digest Key
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3434 ## Bill Text
3535
36-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.(1) Phytophthora species, or plant destroyers, in Greek, are microscopic plant pathogens that can severely damage or kill a wide variety of agricultural, ornamental, and forest plants, including native vegetation.(2) Phytophthora infestans caused the Irish Potato Famine in the 1840s, and Phytophthora ramorum causes sudden oak death, which has killed millions of oaks and tanoaks in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial horticultural plant nurseries has been well documented over many years, but recently well over 50 Phytophthora species have been found in habitat restoration plantings and native plant nurseries in California. These include Phytophthora species detected for the first time in the United States and new hybrid species.(4) Restoration plantings can inadvertently introduce Phytophthora species into the soil, contaminating pristine areas, or the limited habitats of threatened, rare, or sensitive plants. Planting pathogen-infected nursery stock in native habitats is the most direct means of introducing invasive exotic diseases into wildlands.(5) Many native plants have little or no natural resistance to these introduced pathogens. Introduction of Phytophthora pathogens can cause the destruction of native habitat and the mortality of endangered species, and is counter to the goals of restoration.(6) Once these pathogens are introduced into the wildlands, parks, open space areas, or wetlands, they are extremely difficult, if not impossible, to eradicate.(7) Use of Phytophthora-infested nursery stock in habitat restoration projects increases long-term costs of restoring these habitats due to high rates of plant failure, reduced growth, and future costs to remediate contaminated sites. Adjacent native vegetation is put at risk to infection.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) State agencies promote the use of nursery stock in wildlands through their vegetative cover standards for habitat restoration projects.(10) No existing state regulations prevent or discourage the use of Phytophthora-infected nursery stock in 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 and clean phytosanitary standards by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs and potential for adverse environmental impacts reduced, by providing guidance to project sponsors on the procurement and installation of clean plant materials that are disease free to the maximum extent possible 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. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.(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.
36+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.
3737
3838 The people of the State of California do enact as follows:
3939
4040 ## The people of the State of California do enact as follows:
4141
42-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.(1) Phytophthora species, or plant destroyers, in Greek, are microscopic plant pathogens that can severely damage or kill a wide variety of agricultural, ornamental, and forest plants, including native vegetation.(2) Phytophthora infestans caused the Irish Potato Famine in the 1840s, and Phytophthora ramorum causes sudden oak death, which has killed millions of oaks and tanoaks in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial horticultural plant nurseries has been well documented over many years, but recently well over 50 Phytophthora species have been found in habitat restoration plantings and native plant nurseries in California. These include Phytophthora species detected for the first time in the United States and new hybrid species.(4) Restoration plantings can inadvertently introduce Phytophthora species into the soil, contaminating pristine areas, or the limited habitats of threatened, rare, or sensitive plants. Planting pathogen-infected nursery stock in native habitats is the most direct means of introducing invasive exotic diseases into wildlands.(5) Many native plants have little or no natural resistance to these introduced pathogens. Introduction of Phytophthora pathogens can cause the destruction of native habitat and the mortality of endangered species, and is counter to the goals of restoration.(6) Once these pathogens are introduced into the wildlands, parks, open space areas, or wetlands, they are extremely difficult, if not impossible, to eradicate.(7) Use of Phytophthora-infested nursery stock in habitat restoration projects increases long-term costs of restoring these habitats due to high rates of plant failure, reduced growth, and future costs to remediate contaminated sites. Adjacent native vegetation is put at risk to infection.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) State agencies promote the use of nursery stock in wildlands through their vegetative cover standards for habitat restoration projects.(10) No existing state regulations prevent or discourage the use of Phytophthora-infected nursery stock in 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 and clean phytosanitary standards by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs and potential for adverse environmental impacts reduced, by providing guidance to project sponsors on the procurement and installation of clean plant materials that are disease free to the maximum extent possible for their projects.
42+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.
4343
44-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.(1) Phytophthora species, or plant destroyers, in Greek, are microscopic plant pathogens that can severely damage or kill a wide variety of agricultural, ornamental, and forest plants, including native vegetation.(2) Phytophthora infestans caused the Irish Potato Famine in the 1840s, and Phytophthora ramorum causes sudden oak death, which has killed millions of oaks and tanoaks in coastal California and southwest Oregon.(3) The presence of root-rotting Phytophthora species in commercial horticultural plant nurseries has been well documented over many years, but recently well over 50 Phytophthora species have been found in habitat restoration plantings and native plant nurseries in California. These include Phytophthora species detected for the first time in the United States and new hybrid species.(4) Restoration plantings can inadvertently introduce Phytophthora species into the soil, contaminating pristine areas, or the limited habitats of threatened, rare, or sensitive plants. Planting pathogen-infected nursery stock in native habitats is the most direct means of introducing invasive exotic diseases into wildlands.(5) Many native plants have little or no natural resistance to these introduced pathogens. Introduction of Phytophthora pathogens can cause the destruction of native habitat and the mortality of endangered species, and is counter to the goals of restoration.(6) Once these pathogens are introduced into the wildlands, parks, open space areas, or wetlands, they are extremely difficult, if not impossible, to eradicate.(7) Use of Phytophthora-infested nursery stock in habitat restoration projects increases long-term costs of restoring these habitats due to high rates of plant failure, reduced growth, and future costs to remediate contaminated sites. Adjacent native vegetation is put at risk to infection.(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.(9) State agencies promote the use of nursery stock in wildlands through their vegetative cover standards for habitat restoration projects.(10) No existing state regulations prevent or discourage the use of Phytophthora-infected nursery stock in 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 and clean phytosanitary standards by the suppliers of nursery stock for habitat restoration projects.(3) The success of habitat restoration projects be improved, and their long-term costs and potential for adverse environmental impacts reduced, by providing guidance to project sponsors on the procurement and installation of clean plant materials that are disease free to the maximum extent possible for their projects.
44+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.
4545
4646 SECTION 1. (a) The Legislature finds and declares all of the following:
4747
4848 ### SECTION 1.
4949
5050 (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.
5151
52-
53-
5452 (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.
55-
56-
5753
5854 (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.
5955
60-
61-
6256 (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.
63-
64-
6557
6658 (5) Once these pathogens are introduced into the wild, they are extremely difficult, if not impossible, to eradicate.
6759
68-
69-
7060 (6) State agencies promote the use of nursery stock in wildlands through their vegetative coverage standards for habitat restoration projects.
71-
72-
7361
7462 (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.
7563
76-
77-
7864 (8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.
7965
80-
81-
8266 (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.
83-
84-
85-
86-(1) Phytophthora species, or plant destroyers, in Greek, are microscopic plant pathogens that can severely damage or kill a wide variety of agricultural, ornamental, and forest plants, including native vegetation.
87-
88-(2) Phytophthora infestans caused the Irish Potato Famine in the 1840s, and Phytophthora ramorum causes sudden oak death, which has killed millions of oaks and tanoaks in coastal California and southwest Oregon.
89-
90-(3) The presence of root-rotting Phytophthora species in commercial horticultural plant nurseries has been well documented over many years, but recently well over 50 Phytophthora species have been found in habitat restoration plantings and native plant nurseries in California. These include Phytophthora species detected for the first time in the United States and new hybrid species.
91-
92-(4) Restoration plantings can inadvertently introduce Phytophthora species into the soil, contaminating pristine areas, or the limited habitats of threatened, rare, or sensitive plants. Planting pathogen-infected nursery stock in native habitats is the most direct means of introducing invasive exotic diseases into wildlands.
93-
94-(5) Many native plants have little or no natural resistance to these introduced pathogens. Introduction of Phytophthora pathogens can cause the destruction of native habitat and the mortality of endangered species, and is counter to the goals of restoration.
95-
96-(6) Once these pathogens are introduced into the wildlands, parks, open space areas, or wetlands, they are extremely difficult, if not impossible, to eradicate.
97-
98-(7) Use of Phytophthora-infested nursery stock in habitat restoration projects increases long-term costs of restoring these habitats due to high rates of plant failure, reduced growth, and future costs to remediate contaminated sites. Adjacent native vegetation is put at risk to infection.
99-
100-(8) The best defense against Phytophthora pathogens becoming established in wildlands is to prevent their inadvertent introduction via infested nursery stock.
101-
102-(9) State agencies promote the use of nursery stock in wildlands through their vegetative cover standards for habitat restoration projects.
103-
104-(10) No existing state regulations prevent or discourage the use of Phytophthora-infected nursery stock in habitat restoration projects.
10567
10668 (b) It is the intent of the Legislature that all of the following occur:
10769
10870 (1) The spread of harmful plant pathogens in our wildlands be avoided in state actions that authorize, fund, or require habitat restoration in California.
10971
110-(2) The availability of safe plant materials be increased by requiring the use of best management practices and clean phytosanitary standards by the suppliers of nursery stock for habitat restoration projects.
72+(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.
11173
112-(3) The success of habitat restoration projects be improved, and their long-term costs and potential for adverse environmental impacts reduced, by providing guidance to project sponsors on the procurement and installation of clean plant materials that are disease free to the maximum extent possible for their projects.
74+(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.
11375
114-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. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.(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.
76+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.
11577
11678 SEC. 2. Section 1017.5 is added to the Fish and Game Code, to read:
11779
11880 ### SEC. 2.
11981
120-1017.5. (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. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.(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.
82+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.
12183
122-1017.5. (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. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.(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.
84+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.
12385
124-1017.5. (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. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.(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.
86+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.
12587
12688
12789
12890 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.
12991
130-(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture. boards, other state departments and agencies with responsibilities related to habitat restoration projects, and plant pathologists with expertise in Phytophthora diseases.
92+(b) In developing the regulations, the department shall consult with regional water quality control boards and the Department of Food and Agriculture.
13193
13294 (c) The department shall conduct at least three public meetings to consider public comment before adopting the regulations.
13395
13496 (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.