AB 318

This bill makes numerous changes relating to the control of aquatic plants

using chemicals or biological agents.

Current law requires the Department of Natural Resources to establish a

program for the waters of this state that meets several goals, including

implementing efforts to protect and develop native aquatic plants and regulate how

aquatic plants are managed. The bill requires that DNR efforts to protect native

aquatic plants rely on widely accepted methods supported by peer-reviewed science

to suppress or eradicate invasive or nuisance aquatic plants. The bill also requires

that DNR plans to regulate aquatic plants ensure invasive and nuisance aquatic

plants are suppressed or eradicated to the greatest extent possible.

Under current law, subject to exceptions, a person may not control aquatic

plants in waters of the state by the use of chemicals or the introduction of biological

agents without a valid aquatic plant management permit issued by DNR. As a

condition of receiving an aquatic plant management permit, DNR may require the

applicant to submit a plan for how aquatic plants will be introduced, removed, or

controlled. The bill provides that DNR must give equal consideration to plans that

will suppress or eradicate invasive or nuisance aquatic plants by use of chemicals

and provides that the plan requirements may not impose an undue financial burden

on permit applicants or property owners.

The bill also creates exemptions from the permit requirement for the

introduction of chemicals or biological agents to a private pond, which the bill defines

as “a surface water less than 10 acres in size that is surrounded by the private

property of one or more owners, with no public access to the water, and that has either

no surface water discharge or surface water discharge that can be controlled.” Under

the bill, a person who applies a chemical treatment to a private pond to suppress or

eradicate invasive or nuisance aquatic plants is exempt if the person is certified as

a commercial applicator by the Department of Agriculture, Trade and Consumer

Protection in the aquatic and mosquito pest control category, follows U.S.

Environmental Protection Agency standards for chemical type and use, and meets

notification and record-keeping requirements. The bill also exempts a person who

applies to a private pond a biological agent to improve water quality at a

concentration that does not cause acute or chronic toxicity for aquatic organisms or

a dye that is not labeled for herbicide use.