SECTIONS 7270-7276 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 7270-7276

7270. The Legislature finds and declares all of the following:
(a) The destructive impact of invasive and often poisonous noxious
weeds is profound, affecting California's cropland, rangeland,
forests, parks, and wildlands.
(b) These pests cause enormous losses of private, state, and
federal resources through decreased land productivity, degradation of
wildlife habitat, and outright destruction of crops, livestock,
wetlands, waterways, watersheds, and recreational areas.
(c) The estimated lost crop productivity caused by noxious weeds
is seven billion four hundred million dollars ($7,400,000,000)
nationwide, a large proportion of which is attributable to
California. Nationally, the direct and indirect costs of controlling
noxious weeds may be as high as five billion four hundred million
dollars ($5,400,000,000) annually.

7270.5. For the purposes of this article:
(a) "Integrated weed management plan" means an ecosystem-based
control strategy that focuses on long-term prevention of weeds
through a combination of techniques, such as biological controls,
judicious use of herbicides, modified land management, and cultural
practices, and where control practices are selected and applied in a
manner that minimizes the risks to human health, nontargeted
organisms, and the environment. An integrated weed management plan
shall also, when appropriate, comply with any applicable provisions
of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish
and Game Code, Division 6 (commencing with Section 11401) and
Division 7 (commencing with Section 12500) of the Food and
Agricultural Code, and the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
(b) "Noxious and invasive weeds" means weeds that the department
has determined to be either noxious or invasive weed species.
(c) "Person" shall have the same meaning as in Section 38, but
shall additionally include the United States of America, and all
political subdivisions, districts, municipalities, and public
agencies of the State of California.
(d) "Riverway" means the water, bed, shoreline,and riparian
vegetation, of any creek, including an "urban creek" as defined in
Section 7048 of the Water Code, stream, river, lake, reservoir, or
other body of freshwater, including a "stream environment zone" as
defined in Section 66957 of the Government Code, as well as enclosed
bays and estuaries, as defined by Section 13391.5 of the Water Code.

7271. (a) The Legislature designates the Department of Food and
Agriculture as the lead department in noxious weed management and the
department is responsible for the implementation of this article in
cooperation with the Secretary for Resources.
(b) There is hereby created in the Department of Food and
Agriculture Fund the Noxious Weed Management Account.
(c) Funds appropriated for expenditure by the secretary for
purposes of this article may be spent without regard to fiscal year
and shall be allocated as follows:
(1) Eighty percent of moneys in the account shall be made
available to eligible weed management areas or county agricultural
commissioners for the control and abatement of noxious weeds
according to an approved integrated weed management plan.
(2) Ten percent shall be made available toward research on the
biology, ecology, or management of noxious and invasive weeds.
These research moneys shall be made available to qualified
researchers through a grant program administered by the department.
Proposals shall be evaluated in consultation with the Range
Management Advisory Committee, with emphasis placed on funding of
needs-based, applied and practical research.
(3) Ten percent shall be made available to the department, and
shall only be used for the following purposes:
(A) Carrying out the provisions of this article.
(B) Developing of noxious weed control strategies.
(C) Seeking new, effective biological control agents for the
long-term control of noxious weeds.
(D) Conducting private and public workshops as needed to discuss
and plan weed management strategies with all interested and affected
local, state, and federal agencies, private landowners, educational
institutions, interest groups, and county agricultural commissioners.
(E) Appointing a noxious weed coordinator and weed mapping
specialist to assist in weed inventory, mapping, and control
strategies.

7272. (a) To be eligible to receive funding from the Noxious Weed
Management Account pursuant to this article, a weed management area,
as defined in subdivision (b), shall be formed in a county or other
geographic area.
(b) A "weed management area" is a local organization that brings
together all interested landowners, land managers (private, city,
county, state, and federal), special districts, and the public in a
county or other geographical area for the purpose of coordinating and
combining their action and expertise to deal with their common weed
control problems. The organization shall function under the authority
of a mutually developed memorandum of understanding and subject to
statutory and regulatory requirements. A weed management area may be
voluntarily governed by a chairperson or a steering committee.
(c) Not more than 10 percent of the noxious weed management funds
distributed to a weed management area subject to this section may be
used by that local organization for meeting, travel, administration,
and coordination costs.
(d) Each weed management area within the state shall create a
cost-share integrated management plan for the management of noxious
weeds within that area. The plan shall be submitted to the department
for review, approval, and funding.
(e) The secretary and weed management areas shall consider the use
of the California Conservation Corp and local conservation corps to
assist in implementing integrated weed management plans pursuant to
this article.

7272.5. (a) To be eligible to receive funding from the Noxious Weed
Management Account pursuant to this article, a county agricultural
commissioner shall submit a cost-share integrated weed management
plan to implement an aggressive control program for noxious weeds.
The goals of the program shall include, but not be limited to, all of
the following:
(1) Increase the profitability and value of cropland and
rangeland.
(2) Decrease the costs of roadside, park, and waterway
maintenance.
(3) Reduce the fire hazard and fire control costs in the state.
(4) Protect the biodiversity of native ecosystems.
(5) Maintain the recreational and aesthetic value of open space,
recreational, and public areas.
(b) Funds dispersed pursuant to this section shall be allocated on
the basis of the total number of infested acres in each county and
the degree of infestation that exists in the counties, and shall be
only used for the following purposes upon submission of a plan
approved by county boards of supervisors and the department.
(1) Operation of programs by the agricultural commissioner for
control of noxious weeds along county roads and other local
government owned property.
(2) Matching funds for control of noxious weeds on city owned
streets, parks, rights-of-way, and other public areas.
(3) Disseminating biological control agents by the county
agricultural commissioner for the long-term control of yellow
starthistle or other noxious weeds.
(4) Abatement of noxious weed infestations on land vital to the
success of the program.
(5) Not more than 10 percent of the noxious weed management funds
distributed to a local agriculture commissioner subject to this
section may be used by that commissioner for meeting, travel,
administration, and coordination costs.

7273. (a) The department shall designate and provide staff support
to an oversight committee to monitor this article and shall consider
input from weed management areas, county agricultural commissioners,
and the Range Management Advisory Committee.
(b) The membership of the oversight committee shall include an
equitable number of representatives from each of the following
interests:
(1) Livestock production.
(2) Agricultural crop protection.
(3) Forest products industry.
(4) California Exotic Pest Plant Council.
(5) Research institutions.
(6) Wildlife conservation groups.
(7) Environmental groups.
(8) Resource conservation districts.
(9) The general public.
(10) Local government.
(11) The Department of Fish and Game.

7274. Notwithstanding Section 7550.5 of the Government Code, the
department shall submit to the Legislature an annual report on or
before April 1 of each year, to and including the year 2005,
highlighting the status of its efforts to abate noxious weeds in this
state.

7275. (a) The department is authorized to operate a
government-volunteer partnership Adopt-A-Riverway Program.
(b) The department may receive funds or services from any person
to assist a weed management area in implementing an integrated weed
management plan, pursuant to this article.
(c) Adopt-A-Riverway Program activities may include the following
activities, provided the activities are completed as part of an
approved integrated weed management plan and are coordinated with the
responsible local agency:
(1) Planting and establishing native seedling trees, native
grasses, and wildflowers along the adopted riverway.
(2) Removal of litter and noxious and invasive plant species.
(d) Adopt-A-Riverway Program activities shall be conducted only on
publicly owned land unless permission is granted by the owner or
owners of private property for program activities to take place on
their property as well.
(e) Activities undertaken pursuant to subdivision (c) are subject
to review pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) and any state or locally adopted river management or
conservancy plan.
(f) The secretary may request a local authority to authorize a
courtesy sign to be placed on a county highway or city street, near
the riverway, pursuant to Chapter 2 (commencing with Section 1975) of
Division 2.7 of the Streets and Highways Code.
(g) It is the intent of the Legislature that the duties and
responsibilities of the department, as provided for in this section,
be accomplished by utilizing existing staff resources, as available.

7276. (a) The Adopt-A-Riverway Fund is hereby established in the
State Treasury. The fund is a trust fund and shall contain money and
any other proceeds donated, appropriated, transferred, or otherwise
received for purposes pertaining to the Adopt-A-Riverway Program. The
secretary may collect for deposit into the fund, gifts, donations,
bequests, and moneys made available from federal, state, and local
sources.
(b) Notwithstanding subdivision (c) of Section 7271, the secretary
of the department shall award grants from the Adopt-A-Riverway Fund
to weed management areas, as defined by subdivision (b) of Section
7272, for the purpose of integrated weed management along riverways
and in riparian habitats consistent with Sections 7272 and 7272.5.
(c) Notwithstanding subdivision (c) of Section 7271, the secretary
of the department may award grants from the Adopt-A-Riverway Fund to
nonprofit organizations for integrated weed management along
riverways and in riparian habitats. The department shall establish
regulations for grant eligibility and award pursuant to this
subdivision.
(d) Fifteen percent of the total moneys in the Adopt-A-Riverway
Fund shall be made available to the department, to be used only for
the following purposes:
(1) Carrying out the provisions of this article.
(2) Developing of noxious weed control strategies.
(3) Seeking new, effective biological control agents for the
long-term control of noxious weeds.
(4) Conducting private and public workshops as needed to discuss
and plan weed management strategies with all interested and affected
local, state, and federal agencies, private landowners, educational
institutions, interest groups, and county agricultural commissioners.
(e) Upon receipt of donations to the fund totaling a minimum of
one hundred thousand dollars ($100,000), up to 5 percent of any
individual donation of five thousand dollars ($5,000) or more may be
used for courtesy signs to be produced, placed, and maintained
pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7
of the Streets and Highways Code.
(f) All startup costs incurred by the state in establishing the
Adopt-A-Riverway Program shall be reimbursed to the General Fund from
the Adopt-A-Riverway Fund before any money or other proceeds in the
fund may be expended for program purposes or transferred by grant
award.