Article 1.3. Quagga And Zebra Mussel Infestation Prevention Fee of California Harbors And Navigation Code >> Division 3. >> Chapter 5. >> Article 1.3.
(a) In addition to the fees imposed pursuant to paragraphs (1)
and (2) of subdivision (b) of Section 9853 or Section 9860 of the
Vehicle Code, there shall also be imposed an additional quagga and
zebra mussel infestation prevention fee in an amount to be determined
by the department as follows:
(1) The additional prevention fee imposed with the registration
fee collected pursuant to paragraph (1) of subdivision (b) of Section
9853 of the Vehicle Code shall be not more than ten dollars ($10).
(2) The additional prevention fee imposed with the registration
fee collected pursuant to paragraph (2) of subdivision (b) of Section
9853 of the Vehicle Code shall be not more than twenty dollars
(3) The additional prevention fee imposed with the registration
fee collected pursuant to Section 9860 of the Vehicle Code shall be
not more than twenty dollars ($20).
(b) In determining the amount of the fee imposed pursuant to this
subdivision, the department shall establish, and consult with, a
technical advisory group consisting of interested persons, including,
but not limited to, recreational boating and reservoir operation
representatives. The members of the advisory group shall be appointed
by the director.
(c) The department shall adopt an emergency regulation to
prescribe procedures for the collection and use of the quagga and
zebra mussel infestation prevention fee for the purposes of this
article. The emergency regulations shall include rules for
administering the grants awarded pursuant to Section 676.
(d) All revenues collected from the fee shall be deposited into
the Harbors and Watercraft Revolving Fund, and shall be expended
solely for the purposes set forth in Section 676.
(e) The fee established by this section shall not apply to vessels
that are used exclusively in marine waters.
(a) All moneys deposited in the Harbors and Watercraft
Revolving Fund pursuant to Section 675 shall be available, upon
appropriation by the Legislature, for the following purposes:
(1) For reasonable costs incurred by the department associated
with determining the prevention fee and adoption of regulations
pursuant to Section 675, and with administering the grants pursuant
to subdivision (b).
(2) (A) For reasonable costs, not to exceed 15 percent of the
remaining revenues deposited into the fund, of the Department of Fish
and Game for implementation of subparagraph (A) or (C) of paragraph
(2) of, or paragraph (1) of, subdivision (a) of Section 2301 or
Section 2302 of the Fish and Game Code in those areas of the state
where a dreissenid mussel infestation prevention plan has not been
(B) The amount specified in subparagraph (A) is in addition to
moneys available pursuant to subdivision (d) of Section 85.2.
(3) An amount not less than 85 percent of the remaining revenues
deposited into the fund shall be made available for grants to
entities subject to subdivision (a) of Section 2302 of the Fish and
Game Code for the reasonable regulatory costs incident to the
implementation of a dreissenid mussel infestation prevention plan
implemented either before or after January 1, 2013, that is
consistent with the requirements of Section 2302 of the Fish and Game
(b) For the purposes of awarding grants pursuant to paragraph (3)
of subdivision (a), the department shall do all of the following:
(1) Give priority to dreissenid mussel infestation prevention
plans that are consistent with Section 2302 of the Fish and Game Code
and that also include visual and manual inspection standards and
other infestation prevention procedures consistent with either the
Department of Fish and Game's Invasive Mussel Guidebook for
Recreational Water Managers and Users, dated September 2010, or the
Natural Resource Agency's Aquatic Invasive Species Management Plan,
dated January 2008, or subsequently adopted guidebooks and management
(2) Take into consideration the benefits of regional-scale
dreissenid mussel infestation prevention plans.
(3) Take into consideration the unique economic, ecological, and
recreational impacts to rural and urban reservoirs from dreissenid
(c) For purposes of this article, reasonable regulatory costs
include costs associated with the investigation and inspection of a
conveyance for the presence of dreissenid mussels prior to contact
with a reservoir, as defined in Section 6004.5 of the Water Code.
None of the revenues collected pursuant to subdivision (a) of Section
675 shall be used for any purpose other than those explicitly
authorized by this section.
(d) For the purposes of this section, conveyances include boats
and other watercraft, and associated vehicles, containers, and
trailers that may carry or contain adult or larval dreissenid
(e) As a condition of receiving grant funding pursuant to this
section, an entity shall report to the department data, as deemed
appropriate by the department, regarding dreissenid mussel prevention
and inspection programs implemented with the funding.
This article does not preempt a special district, city,
county, or joint powers authority from adopting local regulations or
ordinances related to the prevention and eradication of invasive