text:
(a) Upon an appropriation of funds from the Legislature for this purpose, the California Environmental Protection Agency and the Natural Resources Agency, including their subsidiary agencies, shall collaborate to create a Tijuana River Valley Watershed Action Plan, known as the Tijuana River Plan. The Tijuana River Plan shall be drawn from existing and ongoing watershed planning efforts in both the United States and Mexico. The Tijuana River Plan shall be reviewed and updated on a three-year cycle. The Tijuana River Plan shall include, to the extent practicable, all of the following:

(1) Identification of key stakeholders and partnerships for data collection and information sharing.

(2) Identification of issues of concern and potential projects that may be implemented in the Tijuana River Valley watershed in both the United States and Mexico.

(3) Identification of short-term and long-term goals and targets for projects that may be implemented through the plan.

(4) Methods and strategies to restore water quality or water supply in degraded areas and to protect overall watershed health.

(5) Methods and strategies to protect the public health and limit beach closures.

(6) Methods and strategies, including target dates or milestones, interagency or public/private partnerships, and binational collaboration, to ensure implementation of the plan in Mexico and the United States, to the extent feasible.

(b) Upon completion of the Tijuana River Plan described in subdivision (a), the California Environmental Protection Agency and the Natural Resources Agency shall consult with the governments for the United States, the County of San Diego, the City of San Diego, the City of Imperial Beach, Mexico, the State of Baja California, the City of Tijuana, and the City of Tecate to develop a common watershed action plan to address issues in the Tijuana River and its entire watershed, on both sides of the border, including, but not limited to, issues relating to water quality, wildlife and fishery habitat, stormwater management, riverside development and management, wastewater discharge, and water supply.

(c) This section shall not require the expenditure of state funding or the development of any specific project without an appropriation from the Legislature.

history: (History: Added by Stats. 2020, Ch. 368, Sec. 1. (SB 1301) Effective January 1, 2021.)

path: 34. ENVIRONMENTAL PROTECTION > 4. Environmental Protection Indicators for California > 2.6. Tijuana River Valley Watershed Action Plan


kind: section

code: PRC

text:
The California Environmental Protection Agency, in designing its mission for programs, policies, and standards, shall do all of the following:

(a) Conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

(b) Promote enforcement of all health and environmental statutes within its jurisdiction in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations in the state.

(c) Ensure greater public participation in the agency’s development, adoption, and implementation of environmental regulations and policies.

(d) Improve research and data collection for programs within the agency relating to the health of, and environment of, people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

(e) Coordinate its efforts and share information with the United States Environmental Protection Agency.

(f) Identify differential patterns of consumption of natural resources among people of different socioeconomic classifications for programs within the agency.

(g) Consult with and review any information received from the Working Group on Environmental Justice established to assist the California Environmental Protection Agency in developing an agencywide strategy pursuant to Section 71113 that meets the requirements of this section.

history: (History: Added by renumbering Section 72000 by Stats. 2001, Ch. 765, Sec. 3. Effective January 1, 2002.)

division: 34. ENVIRONMENTAL PROTECTION

part: 3. ENVIRONMENTAL JUSTICE

path: 34. ENVIRONMENTAL PROTECTION > 4. Environmental Protection Indicators for California > 3. ENVIRONMENTAL JUSTICE


text: On or before January 1, 2001, the California Environmental Protection Agency shall develop a model environmental justice mission statement for boards, departments, and offices within the agency. For purposes of this section, environmental justice has the same meaning as defined in subdivision (e) of Section 65040.12 of the Government Code.

history: (History: Amended by Stats. 2002, Ch. 1109, Sec. 9. Effective January 1, 2003.)

chapter: 4. Environmental Protection Indicators for California


text: In developing the model environmental justice mission statement pursuant to Section 71111, the California Environmental Protection Agency shall consult with, review, and evaluate any information received from the Working Group on Environmental Justice established pursuant to Section 71113.

history: (History: Added by renumbering Section 72001.5 by Stats. 2001, Ch. 765, Sec. 5. Effective January 1, 2002.)


text:
(a) On or before January 1, 2002, the Secretary for Environmental Protection shall convene a Working Group on Environmental Justice to assist the California Environmental Protection Agency in developing, on or before July 1, 2002, an agencywide strategy for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice.

(b) The working group shall be composed of the Secretary for Environmental Protection, the Chairs of the State Air Resources Board, the California Integrated Waste Management Board, and the State Water Resources Control Board, the Director of Toxic Substances Control, the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Planning and Research.

(c) The working group shall do all of the following on or before April 1, 2002:

(1) Examine existing data and studies on environmental justice, and consult with state, federal, and local agencies and affected communities.

(2) Recommend criteria to the Secretary for Environmental Protection for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice.

(3) Recommend procedures and provide guidance to the California Environmental Protection Agency for the coordination and implementation of intraagency environmental justice strategies.

(4) Recommend procedures for collecting, maintaining, analyzing, and coordinating information relating to an environmental justice strategy.

(5) Recommend procedures to ensure that public documents, notices, and public hearings relating to human health or the environment are concise, understandable, and readily accessible to the public. The recommendation shall include guidance for determining when it is appropriate for the California Environmental Protection Agency to translate crucial public documents, notices, and hearings relating to human health or the environment for limited-English-speaking populations.

(6) Hold public meetings to receive and respond to public comments regarding recommendations required pursuant to this section, prior to the finalization of the recommendations. The California Environmental Protection Agency shall provide public notice of the availability of draft recommendations at least one month prior to the public meetings.

(7) Make recommendations on other matters needed to assist the agency in developing an intraagency environmental justice strategy.

history: (History: Added by renumbering Section 72002 by Stats. 2001, Ch. 765, Sec. 6. Effective January 1, 2002.)


text:
(a) The Secretary for Environmental Protection shall, on or before January 1, 2002, convene an advisory group to assist the working group described in Section 71113 by providing recommendations and information to, and serving as a resource for, the working group. The Secretary for Environmental Protection shall appoint members to the advisory group according to the following categories:

(1) Two representatives of local or regional land use planning agencies.

(2) Two representatives from air pollution control districts or air quality management districts.

(3) Two representatives from certified unified program agencies (CUPAs).

(4) Two representatives from environmental organizations.

(5) Four representatives from the business community, two from a small business and two from a large business, except that three of these representatives may be from an association that represents small or large businesses, and at least one of the small business representatives shall be from an association that represents small businesses. As used in this paragraph, “small business” has the meaning given that term by subdivision (c) of Section 1028.5 of the Code of Civil Procedure, and a large business is any business other than a small business.

(6) Two representatives from community organizations.

(7) One representative from a federally recognized Indian tribe.

(8) Two representatives from environmental justice organizations.

(b) The advisory group may form subcommittees to address specific types of environmental program areas. The California Environmental Protection Agency shall provide a reasonable per diem for attendance at advisory committee meetings by advisory committee members from nonprofit organizations.

history: (History: Amended by Stats. 2002, Ch. 1003, Sec. 3. Effective January 1, 2003.)


text: After the California Environmental Protection Agency develops the strategy pursuant to Section 71113 and before December 31, 2003, each board, department, and office within the agency shall, in coordination with the Secretary for Environmental Protection and the Director of the Office of Planning and Research, review its programs, policies, and activities and identify and address any gaps in its existing programs, policies, or activities that may impede the achievement of environmental justice.

history: (History: Added by Stats. 2001, Ch. 765, Sec. 8. Effective January 1, 2002.)


text: The Secretary for Environmental Protection shall, not later than January 1, 2004, and every three years thereafter, prepare and submit to the Governor and the Legislature a report on the implementation of this part.

history: (History: Added by renumbering Section 72004 by Stats. 2001, Ch. 765, Sec. 9. Effective January 1, 2002.)


text:
(a) The Environmental Justice Small Grant Program is hereby established under the jurisdiction of the California Environmental Protection Agency. The California Environmental Protection Agency shall adopt regulations for the implementation of this section. These regulations shall include, but need not be limited to, all of the following:

(1) Specific criteria and procedures for the implementation of the program.

(2) A requirement that each grant recipient submit a written report to the agency documenting its expenditures of the grant funds and the results of the funded project.

(3) Provisions promoting the equitable distribution of grant funds in a variety of areas throughout the state, with the goal of making grants available to organizations that will attempt to address environmental justice issues.

(b) The purpose of the program is to provide grants to eligible community groups, including, but not limited to, community-based, grassroots nonprofit organizations, that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.

(c) (1) Both of the following are eligible to receive moneys from the fund:

(A) A nonprofit entity.

(B) A federally recognized tribal government.

(2) For purposes of this section, “nonprofit entity” means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria:

(A) Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest.

(B) Is not organized primarily for profit.

(C) Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations.

(D) Is a tax-exempt organization under Section 501(c)(3) of the federal Internal Revenue Code, or is able to provide evidence to the agency that the state recognizes the organization as a nonprofit entity.

(3) For purposes of this section, “nonprofit entity” specifically excludes an organization that is a tax-exempt organization under Section 501(c)(4) of the federal Internal Revenue Code.

(d) Individuals may not receive grant moneys from the fund.

(e) Grant recipients shall use the grant award to fund only the project described in the recipient’s application. Recipients shall not use the grant funding to shift moneys from existing or proposed projects to activities for which grant funding is prohibited under subdivision (g).

(f) Grants shall be awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. Grants shall be limited to any of the following purposes and no other:

(1) Resolve environmental problems through distribution of information.

(2) Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution.

(3) Expand the understanding of a community about the environmental issues that affect their community.

(4) Develop guidance on the relative significance of various environmental risks.

(5) Promote community involvement in the decisionmaking process that affects the environment of the community.

(6) Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information.

(g) (1) The agency shall not award grants for, and grant funding shall not be used for, any of the following:

(A) Other state grant programs.

(B) Lobbying or advocacy activities relating to any federal, state, regional, or local legislative, quasi-legislative, adjudicatory, or quasi-judicial proceeding involving development or adoption of statutes, guidelines, rules, regulations, plans or any other governmental proposal, or involving decisions concerning siting, permitting, licensing, or any other governmental action.

(C) Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding.

(D) Funding of a lawsuit against any governmental entity.

(E) Funding of a lawsuit against a business or a project owned by a business.

(F) Matching state or federal funding.

(G) Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency.

(2) An organization’s use of funds from a grant awarded under this section to educate a community regarding an environmental justice issue or a governmental process does not preclude that organization from subsequent lobbying or advocacy concerning that same issue or governmental process, as long as the lobbying or advocacy is not funded by a grant awarded under this section.

(h) The agency shall review, evaluate, and select grant recipients, and screen grant applications to ensure that they meet the requirements of this section.

(i) The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000).

(j) For purposes of this section, “environmental justice” has the same meaning as defined in Section 65040.12 of the Government Code.

(k) (1) The Secretary for Environmental Protection may expend up to two million dollars ($2,000,000) per year for the purposes of this section.

(2) (A) Of the amount described in paragraph (1), up to five hundred thousand dollars ($500,000) shall be expended by the Secretary for Environmental Protection for grants to organizations working to address and mitigate the effects of sea level rise in disadvantaged communities impacted by sea level rise.

(B) For purposes of this section, “disadvantaged community” shall have the same meaning as defined in Section 71118.

(l) Board, departments, and offices within the California Environmental Protection Agency may allocate funds from various special funds, settlements, and penalties to implement this program.

history: (History: Amended by Stats. 2021, Ch. 236, Sec. 6. (SB 1) Effective January 1, 2022.)


text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Agency” means the California Environmental Protection Agency.

(2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code.

(3) “Supplemental environmental project” means an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake in settlement of the action and to offset a portion of a civil penalty.

(b) Each board, department, and office within the agency that has enforcement authority shall establish a policy on supplemental environmental projects that benefits disadvantaged communities. The policy shall include, but need not be limited to, all of the following:

(1) A public process to solicit potential supplemental environmental projects from disadvantaged communities.

(2) Allowing the amount of a supplemental environmental project to be up to 50 percent of the enforcement action brought under the jurisdiction of a board, department, or office within the agency.

(3) An annual list of supplemental environmental projects that may be selected to settle a portion of an enforcement action under the jurisdiction of a board, department, or office within the agency.

(4) A consideration of the relationship between the location of the violation and the location of the proposed supplemental environmental project.

(c) The Secretary for Environmental Protection shall consolidate the projects compiled pursuant to subdivision (b) into one list and post that list on the agency’s Internet Web site.

history: (History: Added by Stats. 2015, Ch. 585, Sec. 2. (AB 1071) Effective January 1, 2016.)


text:
Unless the context requires otherwise, the following definitions govern this part:

(a) “Agency” means the California Environmental Protection Agency.

(b) “Secretary” means the Secretary for Environmental Protection.

history: (History: Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)

path: 34. ENVIRONMENTAL PROTECTION > 4. Environmental Protection Indicators for California > 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION


text:
(a) In the 2004–05 fiscal year, to the extent that it will achieve actual budget savings and to the extent authorized by existing law, the secretary shall consolidate the number of accounts and funds in the Treasury that are for the support of programs administered by the boards, departments, and offices within the agency.

(b) The secretary shall request the Governor to reflect the consolidation of funds in the proposed Governor’s budget for fiscal year 2005–06.

(c) Nothing in this section authorizes a change in purpose, revenue, management, allocation, or expenditure, related to a program supported by a special fund, or the manner or means of collecting revenue that is deposited in a special fund.

part: 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION


text:
In the 2004–05 fiscal year, to the extent that it will achieve actual budget savings, the secretary shall consolidate the following non-policy functions that are common among the boards, departments, and offices within the agency:

(a) Information technology.

(b) Collecting fees.

(c) Procuring basic office supplies and equipment.

(d) The generic human resources functions that support state personnel, including health and safety programs, employee training, recruitment and exams for common civil service classifications, equal opportunity officers, transportation related services and programs, mail, reproduction, shipping, and receiving.


text:
(a) The implementation of Sections 71121 and 71122 shall not affect the independence of a board, department, or office within the agency to administer its own budget or to manage its own employees, except for the specific activities consolidated by the secretary pursuant to those sections.

(b) The implementation of Sections 71121 and 71122 shall not affect the personnel of a board, department, or office within the agency, who are engaged in program work and related support functions such as contract administration and facilities management.

(c) The implementation of Sections 71121 and 71122 shall not result in the transfer of fee revenue from a board, department, or office within the agency, to another board, department, or office within the agency.

(d) Nothing in this part shall affect an executive reorganization pursuant to Article 7.5 (commencing with Section 12080) of Chapter 1 of Part 2 of Division 3 of Title 2 of the Government Code.


text: The secretary shall report any budget savings achieved pursuant to Sections 71121 and 71122 to the Legislature’s budget committees, for appropriation to programs that directly reduce air pollution or water pollution, or protect public health and the environment, if that appropriation complies with existing constraints on the use of the moneys saved.


text: The secretary may use a reimbursement from a board, department, or office within the agency for a consolidated service that the agency provides to those entities.


text: Upon the request of the secretary, the Department of Finance shall assist the secretary in complying with this part.


text:
For purposes of this part, the following terms have the following meanings:

(a) “Capacity building” is the process of strengthening local coordination, leadership, knowledge, skills, expertise, and access to resources in under-resourced communities with the goal of helping to develop or increase the ability of that community to independently compete for grants and implement projects in the future. Capacity building activities include, but are not limited to, identifying and planning for needed climate change mitigation and adaptation projects in a given region and identifying the tools and resources needed to successfully access, apply for, and receive grant funding.

(b) “Collaborative” means a coordinated body of regional stakeholder groups that are located in, serve, and represent the needs of the under-resourced communities within that region and that provide capacity building to those under-resourced communities within its region to access statewide public and other grant moneys for climate change mitigation and adaptation projects that maximize the benefits for the region.

(c) “Council” means the Strategic Growth Council.

(d) “Nonprofit organization” means a nonprofit corporation qualified to do business in the state and qualified under Section 501(c)(3) of the Internal Revenue Code.

(e) “Stakeholder” includes, but is not limited to, community-based organizations, nonprofits, businesses, faith-based organizations, interested individuals, elected officials, and local government agencies.

(f) “Technical assistance” means the process of providing the necessary education and resources for climate change mitigation and adaptation projects for any of the following:

(1) Project development.

(2) Grant development and writing for state and federal grant programs.

(3) The successful and appropriate expenditure of grant moneys for the successful completion of climate change mitigation and adaptation projects.

(4) Post-application and project implementation assistance.

(g) “Under-resourced community” means a community identified pursuant to Section 39711 of the Health and Safety Code, subdivision (d) of Section 39713 of the Health and Safety Code, or subdivision (g) of Section 75005.

history: (History: Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019.)

path: 34. ENVIRONMENTAL PROTECTION > 4. Environmental Protection Indicators for California > 3.6. Regional Climate Collaborative Program


text:
(a) A regional climate collaborative program is hereby established to be administered by the council to assist under-resourced communities within a region to access statewide public and other grant moneys.

(b) The council shall do all of the following in identifying eligible under-resourced communities and in selecting collaboratives:

(1) Adopt program guidelines that establish criteria for the selection of communities eligible for assistance in developing a collaborative. The program guidelines shall prioritize statewide geographic diversity and shall consider the region’s proportion of under-resourced communities and the region’s previous success in receiving competitive state climate change mitigation and adaptation moneys.

(2) Post the guidelines outlining the criteria on the council’s Internet Web site and solicit public comment.

(3) Hold at least one public hearing before selecting a community.

(4) Allow at least three months between the solicitation announcement and the selection of a collaborative by the council.

(5) Perform at least three outreach activities between the solicitation announcement and the selection of a collaborative by the council to provide information and assistance to a potential collaborative. The outreach activities shall be made available using advanced forms of technology to the extent possible.

(6) Establish collaboratives a minimum of two times over the course of the program established pursuant to this section.

(c) After selecting communities for collaboratives, the council shall award annual grants as moneys are appropriated by the Legislature to the council for the purposes of this part.

(d) Eligible applicants for a collaborative include, but need not be limited to, any of the following:

(1) Community-based organizations.

(2) Nonprofits and foundations.

(3) Small businesses.

(4) Local government agencies.

(5) Joint powers authorities.

(6) Tribal governments.

(7) Other organizations with a history of providing community-based outreach and technical assistance.

(e) Eligible applicants shall form a regional collaborative stakeholder structure and shall collectively submit one application based on a shared vision. With the application, the applicants shall collectively submit a memorandum of understanding that describes the governance and organization of the collaborative stakeholder structure.

(f) In selecting a collaborative, the council shall give priority to proposals that demonstrate strong and diverse partnerships, including with community-based organizations and other stakeholder groups.

(g) After being selected by the council, a collaborative shall provide capacity building services to assist in building the community-driven leadership, knowledge, skills, experience, and resources to identify and access public funding for climate change mitigation and adaptation projects within the under-resourced community. Where feasible, a collaborative shall leverage, complement, and build on existing regional efforts and resources for capacity building and technical assistance. Except if the council, in consultation with a collaborative, determines that an activity is unnecessary, a collaborative shall conduct at least all of the following activities for the region it serves:

(1) Conduct outreach and build awareness of competitive grant programs.

(2) Convene stakeholders to discuss community needs regarding potential climate change mitigation and adaptation projects eligible for statewide competitive grant programs with specific allocations for under-resourced communities.

(3) Develop community and project plans, including climate action plans, demonstrating local needs and identifying multiple-benefit projects for implementation.

(4) Support the development of partnerships between stakeholders and potential public and private funding sources.

(5) Provide policy, program, and technical advice to stakeholders to develop and align multibenefit projects with potential funding sources.

(6) Serve as an intermediary between community stakeholders and technical assistance programs within relevant agencies and coordinate scientific and technical support from outside experts.

(7) Coordinate and implement assistance and training to stakeholders in grant application development, project management, implementation, and monitoring.

(8) Assist in the development of local job training and anti-displacement programs and policies.

(h) Each collaborative shall select a managing stakeholder that can demonstrate the organizational capacity to complete projects and the financial capacity to receive and be accountable for moneys provided pursuant to this part. A managing stakeholder may include, but need not be limited to, a local government agency, community-based organization, foundation, small business, joint powers authority, tribal government, or other organization with a history of providing community-based outreach and technical assistance.

(i) The council shall provide advance payments of grant awards, over a period of not more than three years, to recipients to initiate and implement the collaboratives in a timely manner. In consultation with the Department of Finance, the council shall adopt guidelines imposing additional requirements relating to the provision of advance payments and the use of the advance payments by the grant recipient to ensure that the moneys are used properly.

(j) (1) Collaboratives shall submit to the council an annual report that includes, but need not be limited to, all of the following:

(A) The members of the collaborative.

(B) Populations served.

(C) An outline of all the activities conducted, including, but not limited to, all of the following:

(i) Technical assistance.

(ii) Capacity building.

(iii) Project and grant development, application, and completion.

(D) Meetings and actions taken by the collaborative.

(E) An accounting of the administration of and expenditures made by the collaborative.

(F) The outcome of each activity, including, but not limited to, all of the following:

(i) The efficacy of capacity building within the region.

(ii) Technical assistance provided.

(iii) Success of grants applied for.

(iv) Projects commenced and completed.

(2) (A) The council shall post the annual reports on its Internet Web site and provide the reports to the relevant policy and fiscal committees of the Legislature.

(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(k) (1) By October 1, 2019, the council shall adopt guidelines implementing this section.

(2) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to this section.

(l) This section shall become inoperative on October 1, 2029, and, as of January 1, 2030, is repealed.

history: (History: Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019. Section inoperative October 1, 2029. Repealed as of January 1, 2030, by its own provisions.)

part: 3.6. Regional Climate Collaborative Program


text:
(a) By July 1, 2020, the council shall develop technical assistance guidelines that a state agency may use in delivering its technical assistance resources or in developing additional internal technical assistance policies, standards, or guidelines specific to the agency’s programs. The technical assistance guidelines may support established technical assistance programs and build upon best practices. The council’s technical assistance guidelines shall include, but need not be limited to, all of the following:

(1) Procedures and standards for state agencies providing direct technical assistance to under-resourced communities.

(2) Measures to provide efficient technical assistance across multiple programs, where applicable.

(b) The council shall consult with relevant state entities during the development of the technical assistance guidelines required pursuant to subdivision (a).

(c) The technical assistance guidelines required pursuant to subdivision (a) shall identify grants that would benefit from technical assistance policies, standards, or guidelines.

(d) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to this section.


text:
For purposes of this part, the following terms have the following meanings:

(a) “Agency” means the Natural Resources Agency.

(b) “Council” means the Strategic Growth Council.

(c) “Office” means the Office of Planning and Research.

(d) “Plan” means the Safeguarding California Plan.

(e) “Vulnerable communities” has the same meaning as provided in subdivision (d) of Section 71340.

history: (History: Amended by Stats. 2022, Ch. 338, Sec. 3. (AB 1384) Effective January 1, 2023.)

path: 34. ENVIRONMENTAL PROTECTION > 4. Environmental Protection Indicators for California > 3.7. Climate Change and Climate Adaptation


text:
(a) It is the intent of the Legislature to prioritize the most vulnerable communities, ecosystems, and economic sectors in the state’s climate adaptation and resilience strategy set forth in the Safeguarding California Plan by ensuring that all state departments and agencies accurately identify, collaboratively prepare for, and are sufficiently resourced to adequately respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea level rise, and drought.

(b) It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on equity and that actions taken to address climate adaptation should be consistent with the plan. In developing these policies and taking these actions, all of the following shall occur:

(1) The creation of planning processes that are transparent, fair, and inclusive in the development phases.

(2) The prioritization of resources and investments for vulnerable communities and populations.

(3) The adoption of strategies that seek to address and, at a minimum, avoid worsening social and racial inequities.

history: (History: Amended by Stats. 2022, Ch. 338, Sec. 4. (AB 1384) Effective January 1, 2023.)

part: 3.7. Climate Change and Climate Adaptation


text:
(a) By July 1, 2024, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with the office and other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following:

(1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors:

(A) Water.

(B) Energy.

(C) Transportation.

(D) Public health.

(E) Agriculture.

(F) Emergency services.

(G) Forestry.

(H) Biodiversity and habitat.

(I) Ocean and coastal resources.

(J) Financial resources.

(2) Vulnerabilities to climate change for vulnerable communities, as identified by the office, through the Integrated Climate Adaptation and Resilience Program.

(3) An operational definition of “climate resilience” for each sector and for vulnerable communities, as identified by the lead agency or group of agencies, so that total costs, funding plans, and other strategies to adequately prepare for disruptions, recover from shocks and stresses, and adapt and grow from various disruptions, especially in the most vulnerable communities, are analyzed and reported.

(4) Priority actions needed to reduce risks and achieve climate resilience in those sectors and vulnerable communities, as identified by the lead agency or group of agencies, with an emphasis on maximizing risk mitigation for the greatest number of people living in vulnerable communities.

(5) Special protections of vulnerable communities and industries that are disproportionately impacted by climate change.

(6) Opportunities to improve policy and budget coordination across jurisdictions, including federal and local jurisdictions.

(7) Timetables for near-term, medium-term, and long-term timescales, and specific metrics to measure and evaluate the state’s progress in implementing the plan, as identified by the agency or the office. Metrics to evaluate progress toward meeting the goals may be modeled for the years 2030, 2050, 2080, 2100, and beyond.

(b) (1) By January 1, 2024, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California.

(2) In preparing the draft plan, the agency shall engage with local and regional entities, including local agencies and communities, to enhance policy and funding coordination and promote regional solutions and implementation.

(c) In identifying the vulnerabilities pursuant to paragraphs (1) and (2) of subdivision (a), each lead agency or group of agencies shall, at a minimum, be informed by the most recent California Climate Change Assessment, the climate science research programs administered by the council and the State Energy Resources Conservation and Development Commission, the Climate Change and Health Vulnerability Indicators for California as produced by the Climate Change and Health Equity Section of the State Department of Public Health, and other peer-reviewed climate science research relevant to California.

(d) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan.

history: (History: Amended by Stats. 2022, Ch. 338, Sec. 5. (AB 1384) Effective January 1, 2023.)


text:
To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives:

(a) Educating the public about the consequences of climate change, such as sea level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts.

(b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state.

(c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation.

(2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that uses existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals.

(3) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, aquifers, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies.

(e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought.

(f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions.

(g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change.

(h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change.

(i) Prioritizing equity by ensuring public expenditures that address climate change adaptation prioritize protecting vulnerable communities, rectifying intersectional and systemic inequities, and enhancing low-income and vulnerable communities’ abilities to weather the impacts of climate change.

history: (History: Amended by Stats. 2023, Ch. 51, Sec. 23. (SB 122) Effective July 10, 2023.)


text:
(a) Consistent with this part, state agencies shall take into account the current and future impacts of climate change, including the economic damages and financial liabilities associated with those impacts, when planning, designing, building, operating, maintaining, and investing in state infrastructure.

(b) (1) The Climate-Safe Infrastructure Working Group is established under the agency for the purpose of examining how to integrate scientific data concerning projected climate change impacts into state infrastructure engineering, including oversight, investment, design, and construction.

(2) The working group shall consist of the following:

(A) Professional engineers registered in accordance with Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code with relevant expertise in state infrastructure design from the Department of Transportation, the Department of Water Resources, the Department of General Services, and other relevant state agencies, as applicable.

(B) Scientists from the University of California, the California State University, and other institutions who have expertise in climate change projections and impacts across California.

(C) Licensed architects with relevant experience in state infrastructure design, as applicable.

(3) The two groups specified in subparagraphs (A) and (B) of paragraph (2) shall be equitably represented in the membership of the working group, to the extent reasonable and appropriate.

(4) The working group shall work in coordination with other state climate adaptation planning efforts and shall consider and build upon existing information produced by the state, including information from the most recent California Climate Change Assessment conducted pursuant to Executive Order S-3-05, the plan, the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code, and the State of California Sea-Level Rise Guidance Document completed pursuant to Executive Order S-13-08, among other resources.

(5) The working group shall work in coordination with other state agencies that advance sustainability in infrastructure, including the council and the Government Operations Agency.

(c) The working group shall consider and investigate, at a minimum, the following issues:

(1) The current informational and institutional barriers to integrating projected climate change impacts into state infrastructure design.

(2) The critical information that engineers responsible for infrastructure design and construction need to address climate change impacts.

(3) How to select an appropriate engineering design for a range of future climate scenarios as related to infrastructure planning and investment.

(d) The working group shall only convene and perform its functions to the extent resources are available to fund the support of the working group and its activities.

history: (History: Amended by Stats. 2020, Ch. 118, Sec. 1. (AB 2800) Effective January 1, 2021.)


text: The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to this part.

history: (History: Added by Stats. 2022, Ch. 338, Sec. 7. (AB 1384) Effective January 1, 2023.)


text:
(a) The agency shall explore and may implement options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.

(b) (1) By July 1, 2023, the agency shall report to the Legislature on suggestions and recommendations for improving and expediting the coordination between appropriate agencies in their regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.

(2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2027, pursuant to Section 10231.5 of the Government Code.

(3) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(c) (1) For purposes of this section, “coastal adaptation projects that use natural infrastructure” means development, as defined in Section 30106, that relies on natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(2) Coastal adaptation projects that use natural infrastructure may also include, but are not limited to, both of the following:

(A) Soft strategies that avoid fixing the shoreline with hard structures and instead rely on the use of dynamic systems to attenuate coastal hazards, such as dune or wetland restoration.

(B) Hybrid armoring that combines fixing the shoreline to some limited extent, such as with a buried revetment or other shoreline protective device, with a nature-based feature to provide ecological benefits.

history: (History: Added by Stats. 2021, Ch. 369, Sec. 2. (AB 72) Effective January 1, 2022.)


text:
Unless the context otherwise requires, the following definitions govern the construction of this division:

(a) “Ballast tank” means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.

(b) “Ballast water” means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.

(c) “Biofouling” means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.

(d) “Board” means the State Water Resources Control Board.

(e) “Coastal waters” means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.

(f) “Commission” means the State Lands Commission.

(g) “EEZ” means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.

(h) “Exchange” means to replace the water in a ballast tank using either of the following methods:

(1) “Flow through exchange,” which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.

(2) “Empty/refill exchange,” which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters.

(i) “Land” means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.

(j) “Mid-ocean waters” means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.

(k) “Nonindigenous species” means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.

(l) “Pacific Coast Region” means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 20 degrees N latitude, inclusive, of the Gulf of California.

(m) “Person” means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.

(n) “Port” means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.

(o) “Sediments” means matter settled out of ballast water within a vessel.

(p) “Vessel agent” means the party representing the vessel’s owner or operator in port. A vessel agent may also be referred to as agent, marine agent, ship agent, or shipping agent.

(q) “Waters of the state” means surface waters, including saline waters, that are within the boundaries of the state.

(r) “Wetted portion of a vessel” means all parts of a vessel’s hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.

(s) “Vessel” means a vessel of 300 gross registered tons or more.

(t) “Voyage” means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.

history: (History: Amended by Stats. 2021, Ch. 432, Sec. 7. (SB 824) Effective January 1, 2022. Note: Sections 71500 et al. are located in Division 37, which follows Section 71271.)

division: 36. MARINE INVASIVE SPECIES ACT

chapter: 1. General Provisions

path: 36. MARINE INVASIVE SPECIES ACT > 1. General Provisions


text:
(a) This division applies to all vessels, United States and foreign, carrying, or capable of carrying, ballast water into the coastal waters of the state after operating outside of the coastal waters of the state, except those vessels described in Section 71202.

(b) This division applies to all ballast water and associated sediments taken on a vessel, and to all biofouling.

(c) This division may be known, and may be cited, as the “Marine Invasive Species Act.”

(d) The Legislature finds and declares all of the following:

(1) The purpose of this division is to move the state expeditiously toward elimination of the discharge of nonindigenous species into the waters of the state or into waters that may impact the waters of the state, based on the best available technology economically achievable. This division shall be implemented in accordance with this intent, except as expressly provided by this division.

(2) The federal Vessel Incidental Discharge Act, which was enacted on December 4, 2018, preserves the rights of states to petition the federal government to review any standard of performance, regulation, or policy if new information exists that could result in a change to that standard, regulation, or policy.

(3) Nothing restricts the authority of California to respond to an aquatic invasive species emergency in its waters using California’s police powers.

(4) The Legislature strongly and unequivocally objects to any loss of state authority to regulate vessel discharges in California waters.

history: (History: Amended by Stats. 2019, Ch. 443, Sec. 2. (AB 912) Effective January 1, 2020.)


text: This division does not authorize the discharge of oil, noxious liquids, or other pollutants, in a manner prohibited by state, federal, or international laws or regulations. Ballast water carried in any tank containing a residue of oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements.

history: (History: Amended by Stats. 2003, Ch. 491, Sec. 3. Effective January 1, 2004.)


text: The commission shall adopt regulations necessary to implement this division, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Added by Stats. 2003, Ch. 491, Sec. 4. Effective January 1, 2004.)


text:
This division does not apply to any of the following vessels:

(a) A vessel of the armed forces, as defined in paragraph (14) of subsection (a) of Section 1322 of Title 33 of the United States Code that is subject to the “Uniform National Discharge Standards for Vessels of the Armed Forces” pursuant to subsection (n) of Section 1322 of Title 33 of the United States Code.

(b) A vessel in innocent passage, which is a foreign vessel merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States, and that does not discharge ballast water into the waters of the state, or into waters that may impact waters of the state.

history: (History: Amended by Stats. 2003, Ch. 491, Sec. 5. Effective January 1, 2004.)


text:
(a) The master, operator, or person in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers.

(b) (1) The master, operator, or person in charge of a vessel is not required by this division to conduct a ballast water management practice, including exchange, if the master determines that the practice would threaten the safety of the vessel, its crew, or its passengers because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions.

(2) If a determination described in paragraph (1) is made, the master, operator, or person in charge of the vessel shall do all of the following:

(A) Take all feasible measures, based on the best available technologies economically achievable, that do not compromise the safety of the vessel to minimize the discharge of ballast water containing nonindigenous species into the waters of the state, or waters that may impact waters of the state.

(B) Include in the ballast water log for the vessel a description of how conducting a ballast water management practice would have risked the safety of the vessel, its crew, or its passengers consistent with the determination made pursuant to paragraph (1).

(C) Notify the commission of the determination at the earliest practicable time.

(D) Provide a copy of the description included in the ballast water log referenced in subparagraph (B) to the commission upon request.

(c) Nothing in this division relieves the master, operator, or person in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility.

history: (History: Amended by Stats. 2019, Ch. 443, Sec. 3. (AB 912) Effective January 1, 2020.)

path: 36. MARINE INVASIVE SPECIES ACT > 2. Ballast Water and Biofouling Management Requirements


text:
Subject to Section 71203, the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state shall do all of the following to minimize the uptake and the release of nonindigenous species:

(a) Discharge only the minimal amount of ballast water essential for vessel operations while in the waters of the state.

(b) Minimize the discharge or uptake of ballast water in areas within, or that may directly affect, marine sanctuaries, marine preserves, marine parks, or coral reefs.

(c) Minimize or avoid uptake of ballast water in all of the following areas and circumstances:

(1) Areas known to have infestations or populations of nonindigenous organisms and pathogens.

(2) Areas near a sewage outfall.

(3) Areas for which the master, owner, operator, or person in charge of a vessel has been informed of the presence of toxic algal blooms.

(4) Areas where tidal flushing is known to be poor or in turbid waters.

(5) In darkness when bottom-dwelling organisms may rise up in the water column.

(6) Areas where sediments have been disturbed, such as near dredging operations or where propellers may have recently stirred up the sediment.

(d) Clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms and dispose of those organisms and sediments in accordance with local, state, and federal law.

(e) Rinse anchors and anchor chains when retrieving the anchor to remove organisms and sediments at their place of origin.

(f) (1) Remove biofouling organisms from the hull, piping, propellers, sea chests, and other wetted portions of a vessel arriving at a California port or place, on a regular basis, and dispose of removed substances in accordance with local, state, and federal law.

(2) For purposes of paragraph (1), prior to and until the date that the regulations described in Section 71204.6 are adopted, “regular basis” means any of the following:

(A) No longer than by the date of expiration on the vessel’s full-term Safety Construction Certificate or an extension of that expiration date.

(B) No longer than by the date of expiration of the vessel’s full-term United States Coast Guard Certificate of Inspection or an extension of that expiration date by the United States Coast Guard.

(C) No longer than 60 months since the time of the vessel’s last out-of-water drydocking. The commission may approve a time extension to this period.

(3) Inwater cleaning that is performed on the wetted portions of a vessel while in the waters of the state shall be conducted using best available technologies economically achievable, and designed to minimize the release of coating and biological materials, cleaning agents, and byproducts of the cleaning process into the surrounding waters. The cleaning shall be performed in accordance with local, state, and federal law.

(g) Provide access to the commission, upon request, for sampling of biofouling and ballast intake and discharge.

(h) Maintain a ballast water management plan that was prepared specifically for the vessel and that shall, upon request, be made available to the commission for inspection and review. This plan shall be specific to each vessel and shall provide, at a minimum, a description of the ballast water management strategy for the vessel that is sufficiently detailed to allow a master or other appropriate ship’s officer or crew member serving on that vessel to understand and follow the ballast water management strategy.

(i) Train the master, operator, person in charge, and those members of the crew who have responsibilities under the vessel’s ballast water management plan, on the application of ballast water and sediment management and treatment procedures, as well as procedures described in this section, in order to minimize other releases of nonindigenous species from vessels.

history: (History: Amended by Stats. 2018, Ch. 742, Sec. 20. (SB 1493) Effective January 1, 2019.)

chapter: 2. Ballast Water and Biofouling Management Requirements


text:
(a) The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.

(b) Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.

(c) Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:

(1) Exchange the vessel’s ballast water in mid-ocean waters, before entering the coastal waters of the state.

(2) Retain all ballast water on board the vessel.

(3) (A) Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.

(B) For purposes of this paragraph, “same location” means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded.

(4) Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.

(5) Discharge the ballast water to a reception facility approved by the commission.

(6) Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.

history: (History: Amended by Stats. 2015, Ch. 644, Sec. 3. (AB 1312) Effective January 1, 2016.)


text:
(a) On or before January 1, 2005, the commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port or place from a port or place within the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.

(b) Subject to Section 71203, and commencing no later than July 1, 2005, the master, operator, or person in charge of a vessel arriving at a California port or place from a port or place within the Pacific Coast Region shall comply with these regulations.

history: (History: Added by Stats. 2003, Ch. 491, Sec. 10. Effective January 1, 2004.)


text: On or before January 1, 2012, the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group consisting of interested persons, including, but not limited to, shipping, port, and environmental conservation representatives, shall develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place. The commission shall consider vessel design and voyage duration in developing the regulations. The regulations shall be based on the best available technology economically achievable, regularly reviewed and revised as appropriate, and shall be designed to protect the waters of the state.

history: (History: Amended by Stats. 2019, Ch. 443, Sec. 4. (AB 912) Effective January 1, 2020.)


text:
(a) (1) The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessel’s voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.

(2) The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.

(b) If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessel’s departure from each port of call in California.

(c) (1) The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:

(A) Vessel information, including all of the following:

(i) Name.

(ii) International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.

(iii) Vessel type.

(iv) Owner or operator.

(v) Gross tonnage.

(vi) Call sign.

(vii) Port of registry.

(B) Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.

(C) Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).

(D) Ballast water management information, including all of the following:

(i) The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.

(ii) If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.

(iii) Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.

(iv) Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.

(E) Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:

(i) The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.

(ii) The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.

(iii) The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.

(F) Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.

(G) Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.

(H) Changes to previously submitted information.

(2) The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.

(d) The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.

(e) (1) The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.

(2) (A) The information described in subdivision (f) shall be submitted using a form developed by the commission.

(B) The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.

(f) The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:

(1) (A) Date and location of drydocking events.

(B) Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.

(2) Date and geographic location of all inwater cleaning of the wetted portion of the vessel.

(3) (A) Date and geographic location of all antifouling paint applications to the vessel.

(B) The manufacturer and brand name of the antifouling paint applied to the vessel.

(4) Any additional information required by the commission by rule or regulation.

(g) (1) The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:

(A) The manufacturer and product name of the ballast water treatment system on board the vessel.

(B) If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.

(C) The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.

(D) Any additional information required by the commission by rule or regulation.

(2) The information required by paragraph (1) shall be provided on a form developed by the commission.

(h) The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:

(1) Copies of all reports and forms described in subdivision (g), submitted to the commission.

(2) Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.

(3) System manufacturer’s technical guides, publications, and manuals.

(4) Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:

(A) The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.

(B) System malfunctions or unexpected situations, including problem resolution.

(C) Both scheduled and unscheduled maintenance of the system.

(D) All relevant measures of performance recorded during system operation.

(E) Any additional information required by the commission by rule or regulation.

history: (History: Amended by Stats. 2015, Ch. 644, Sec. 5. (AB 1312) Effective January 1, 2016.)


text:
(a) The commission shall adopt regulations that do all of the following:

(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the ballast water discharge performance standards set forth in Section 151.2030(a) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.

(2) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the implementation schedule set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.

(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.

(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes no later than January 1, 2040. If, based on a review of ballast water treatment technologies submitted in a report to the Legislature in conformance with provisions of subdivision (b), achievement of the final performance standard becomes practicable sooner than January 1, 2040, the commission shall establish an earlier effective date in regulation.

(b) (1) If a ballast water treatment system has stopped operating properly during a voyage, the master, owner, operator, or person in charge of the vessel shall report the problem to the commission as soon as practicable.

(2) The commission shall consult with the United States Coast Guard to attempt to identify an alternative, environmentally sound method of ballast water management under the circumstances described in paragraph (1) in accordance with Section 151.2040(b) of Title 33 of the Code of Federal Regulations.

(3) The master, owner, operator, or person in charge of the vessel subject to paragraph (1) shall employ the alternative, environmentally sound method of ballast water management identified by the commission in consultation with the United States Coast Guard before discharging ballast water in California waters.

(c) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the board, the United States Coast Guard, and an advisory panel described in paragraph (3), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.

(2) The advisory panel described in paragraph (3) shall make recommendations regarding the content and issuance of the report and implementation of the performance standards to the commission.

(3) (A) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members. The advisory panel’s meetings shall be open to the public.

(B) The commission shall provide notice of the advisory panel’s meetings to any person who requests that notice in writing, as well as on the commission’s internet website. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include the meeting’s agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.

(4) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.

(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2021, Ch. 770, Sec. 2. (SB 822) Effective January 1, 2022.)


text:
(a) The commission, in coordination with the United States Coast Guard, shall take samples of ballast water, sediment, and biofouling from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.

(b) The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division.

(c) The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.

history: (History: Amended by Stats. 2015, Ch. 644, Sec. 7. (AB 1312) Effective January 1, 2016.)


text:
(a) Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.

(b) A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).

(c) The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.

history: (History: Amended by Stats. 2015, Ch. 644, Sec. 8. (AB 1312) Effective January 1, 2016.)


text:
(a) The commission, in consultation with the board, the United States Coast Guard, the United States Environmental Protection Agency, and a technical advisory group made up of interested persons, including, but not limited to, shipping and port representatives, shall sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling. The goal of this effort shall be the meaningful participation of the State of California in federal rulemaking actions and the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state or into waters that may impact coastal waters of the state. Whenever possible, the pilot programs shall include funding from federal grants and appropriations, vendor funding, and state bond funds, including, but not limited to, bond funds from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. Priority shall be given to projects to test and evaluate treatment technologies that can be used to prevent the introduction and spread of nonindigenous aquatic species into coastal waters of the state by ship-mediated vectors.

(b) (1) The commission shall provide biennial summaries to the Legislature and the public, beginning on or before January 31, 2005, of the results of the pilot programs conducted pursuant to this section. These summary reports shall include, but not be limited to, a description of the projects, the relative effectiveness of the technologies examined in minimizing the discharge of nonindigenous species, and the costs of implementing the technologies.

(2) The summary reports required by this subdivision shall be in compliance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2019, Ch. 443, Sec. 8. (AB 912) Effective January 1, 2020.)


text:
(a) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall collect data necessary to establish and maintain an inventory of the location and geographic range of nonindigenous species populations in the coastal and estuarine waters of the state that includes open coastal waters and bays and estuaries. In particular, data shall be collected that does both of the following:

(A) Supplements the existing baseline of nonindigenous species previously developed pursuant to this section, by adding data from investigations of intertidal and nearshore subtidal habitats along the open coast.

(B) Monitors the coastal and estuarine waters of the state, including, but not limited to, habitats along the open coast, for new introductions of nonindigenous species or spread of existing nonindigenous species populations.

(2) Whenever possible, the study shall use appropriate, existing data, including data from previous studies made pursuant to this section. The Department of Fish and Wildlife shall make the inventory and accompanying analysis available to the public through the Internet on or before January 1, 2007, and annually shall provide to the public an update of that inventory.

(b) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall assess the effectiveness of the ballast water and biofouling controls implemented pursuant to this division by comparing the status and establishment of nonindigenous species populations, as determined from the data collected pursuant to subdivision (a), with the baseline data collected pursuant to this division and submitted in a report to the Legislature in 2003.

(2) Whenever possible, this research shall utilize appropriate, existing data.

(c) Information generated by the research conducted pursuant to this section shall be of the type and in a format useful for subsequent studies and reports undertaken for any of the following purposes:

(1) The determination of alternative discharge zones.

(2) The identification of environmentally sensitive areas to be avoided for uptake or discharge of ballast water.

(3) The long-term effectiveness of biofouling management and ballast water discharge control measures.

(4) The determination of potential risk zones where uptake or discharge of ballast water shall be prohibited.

(5) The rate and risk of establishment of nonindigenous species in the coastal waters of the state, and resulting impacts.

history: (History: Amended by Stats. 2018, Ch. 742, Sec. 24. (SB 1493) Effective January 1, 2019.)

chapter: 3. Research and Program Evaluation

path: 36. MARINE INVASIVE SPECIES ACT > 3. Research and Program Evaluation


text:
On or before January 31, 2005, and updated triennially, the commission, in consultation with the board, the Department of Fish and Wildlife, and the United States Coast Guard, shall submit to the Legislature, and make available to the public, a report that includes, but is not limited to, all of the following:

(a) A summary of the information provided in the ballast water management report forms submitted to the commission, including the volumes of ballast water managed, volumes discharged into state waters, types of ballast water treatment, and locations at which ballast water was loaded and discharged.

(b) Monitoring and inspection information collected by the commission pursuant to this division, including a summary of compliance rates, categorized by geographic area and other groupings as information allows.

(c) An analysis of the monitoring and inspection information, including recommendations for actions to be undertaken to improve the effectiveness of the monitoring and inspection program.

(d) An evaluation of the effectiveness of the measures taken to reduce or eliminate the discharge of nonindigenous species from vessels, including recommendations regarding action that should be taken to improve the effectiveness of those measures.

(e) A summary of the research completed during the three-year period that precedes the release of the report, and ongoing research, on the release of nonindigenous species by vessels.

history: (History: Amended by Stats. 2025, Ch. 102, Sec. 11. (SB 856) Effective January 1, 2026.)


text:
On or before April 30, 2026, and updated semiannually, the commission shall publish on its internet website both of the following:

(a) A summary of the information provided in the ballast water management report forms submitted to the commission, including vessel arrival data indicating vessel type and arrival port, and volumes of ballast water discharged into state waters by vessel type and arrival port.

(b) Inspection and compliance rates for vessels, as available.

history: (History: Added by Stats. 2025, Ch. 102, Sec. 12. (SB 856) Effective January 1, 2026.)


text:
(a) The commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, shall identify and conduct any other research determined necessary to carry out the requirements of this division. The research may relate to the transport and release of nonindigenous species by vessels, the methods of sampling and monitoring of the nonindigenous species transported or released by vessels, the rate or risk of release or establishment of nonindigenous species in the waters of the state and resulting impacts, and the means by which to reduce or eliminate a release or establishment. The research shall focus on assessing or developing methodologies for treating or otherwise managing ballast water and biofouling to reduce or eliminate the discharge or establishment of nonindigenous species.

(b) The commission may also take samples of ballast water, sediment, and biofouling from arriving vessels subject to this division for research purposes.

history: (History: Amended by Stats. 2019, Ch. 443, Sec. 9. (AB 912) Effective January 1, 2020.)


text:
(a) (1) The Marine Invasive Species Control Fund is hereby created. The money in the fund, upon appropriation by the Legislature, shall be used solely to carry out this division.

(2) All money accruing to the Exotic Species Control Fund shall be transferred to the Marine Invasive Species Control Fund.

(b) (1) The commission shall administer the fund in accordance with this chapter.

(2) The commission shall establish, through regulation, a reasonable and appropriate fee solely for the purposes of carrying out this division. The fee may not exceed one thousand dollars ($1,000) for each voyage, as described in subdivision (c). This amount may be adjusted for inflation every two years.

(3) In establishing fees, the commission shall consult with a technical advisory group made up of interested persons, including, but not limited to, shipping and port representatives.

(4) The commission may establish lower levels of fees and the maximum amount of fees for individual shipping companies or vessels. Any fee schedule established, including the level of fees and the maximum amount of fees, shall take into account the impact of the fees on vessels operating from California in the Hawaii or Alaska trades, the frequency of calls by particular vessels to California ports within a year, the ballast water and biofouling management practices of the vessels, and other relevant considerations.

(c) The California Department of Tax and Fee Administration, in accordance with Part 22.5 (commencing with Section 44000) of Division 2 of the Revenue and Taxation Code, shall collect the fee from the owner or operator of each vessel, or the vessel agent acting on behalf of the owner or operator, that arrives at a California port or place from a port or place outside of California. That fee may not be assessed on any vessel arriving at a California port or place if that vessel comes directly from another California port or place and during that transit has not first arrived at a port or place outside California or moved outside the exclusive economic zone (EEZ) prior to arrival at the subsequent California port or place.

(d) Notwithstanding any other provision of law, all fees imposed pursuant to this section shall be deposited into the Marine Invasive Species Control Fund.

(e) Notwithstanding any other provision of law, all penalties and payments collected for violations of any requirements of this division shall be deposited into the Marine Invasive Species Control Fund.

history: (History: Amended by Stats. 2021, Ch. 432, Sec. 8. (SB 824) Effective January 1, 2022.)

chapter: 4. Marine Invasive Species Control Fund

path: 36. MARINE INVASIVE SPECIES ACT > 4. Marine Invasive Species Control Fund


text:
(a) Except as provided in subdivision (b) or (c), a person who intentionally or negligently fails to comply with the requirements of this division may be liable for an administrative civil penalty in an amount that shall not exceed twenty-seven thousand five hundred dollars ($27,500) for each violation. Each day of a continuing violation constitutes a separate violation.

(b) A person who fails to comply with the reporting requirements set forth in Section 71205 may be liable for an administrative civil penalty in an amount that shall not exceed twenty-seven thousand five hundred dollars ($27,500) per violation. Each day of a continuing violation constitutes a separate violation.

(c) A person who, knowingly and with intent to deceive, falsifies a ballast water or biofouling management report form required by this division, or knowingly and with intent to deceive, tampers with or disables a system for controlling the release of nonindigenous species, required by this division, may be liable for an administrative civil penalty in an amount that shall not exceed twenty-seven thousand five hundred dollars ($27,500) per violation. Each day of a continuing violation constitutes a separate violation.

(d) The executive officer of the commission may issue a complaint to a person on whom civil liability may be imposed pursuant to this division. The complaint shall allege the facts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The complaint shall be served by personal service or certified mail and shall inform the person served of the right to a hearing. A person served with a complaint pursuant to this subdivision may, within 30 days after service of the complaint, request a hearing by filing with the executive officer a notice of defense, as described in Section 11506 of the Government Code. A notice of defense is deemed to be filed within the 30-day period if it is postmarked within the 30-day period. If a hearing is requested by the person, it shall be conducted within 30 days after the executive officer receives the notice of defense. If no notice of defense is filed within 30 days after service of the complaint, the executive officer shall issue an order setting liability in the amount proposed in the complaint unless the executive officer and the person have entered into a settlement agreement, in which case the executive officer shall issue an order setting liability in the amount specified in the settlement agreement. If the person has not filed a notice of defense or if the executive officer and the person have entered into a settlement agreement, the order shall not be subject to review by a court or agency.

(e) A hearing required pursuant to this section shall be conducted by an independent hearing officer, in accordance with the procedures specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise specified in this section. In making a determination, the hearing officer shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health and safety of the environment, and the violator’s ability to pay the proposed civil penalty. After conducting a hearing required pursuant to this section, the hearing officer shall, within 30 days after the case is submitted, issue a decision, including an order setting the amount, if any, of the civil penalty to be imposed.

(f) An order setting civil liability and issued pursuant to this section is effective and final upon issuance. The violator shall pay any penalty within 30 days of service, unless he or she seeks judicial review pursuant to subdivision (g), in which case he or she shall pay any penalty within 30 days of service of the court’s order setting civil liability. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint and upon other persons who appeared at the hearing and requested a copy.

(g) Within 30 days after service of a copy of a decision issued by the hearing officer that the person served is liable for a civil penalty, a person so served may file a petition for writ of mandate for review of the decision pursuant to Section 11523 of the Government Code. A person who fails to file the petition within the 30-day period shall not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern a proceeding conducted pursuant to this subdivision. In a proceeding pursuant to this subdivision, the court shall uphold the decision of the hearing officer if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this act or the accrual of any penalties assessed pursuant to this act. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.

(h) An order for administrative penalties entered pursuant to this section shall be subject to interest at the legal rate from the filing date of the complaint as specified in subdivision (d).

(i) A provision of this chapter or a ruling of the executive officer shall not be construed to limit, abridge, or supersede the power of the Attorney General, at the request of the executive officer, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin a violation of this division, seek necessary remedial action by a person who violates this division, or seek civil and criminal penalties against a person who violates this division.

(j) In lieu of a complaint pursuant to subdivision (d) to impose administrative civil penalties set forth in subdivisions (a), (b), and (c), the Attorney General, at the request of the commission, may bring an action in superior court, in the name of the people of the State of California, to enjoin a violation of this division, seek necessary remedial action by a person who violates this division, or seek civil penalties in the amounts set forth in subdivisions (a), (b), and (c).

history: (History: Amended by Stats. 2018, Ch. 742, Sec. 28. (SB 1493) Effective January 1, 2019.)

path: 36. MARINE INVASIVE SPECIES ACT > 5. Civil and Criminal Penalties and Liability