BILL NUMBER: AB 2362	CHAPTERED  08/27/02

	CHAPTER  293
	FILED WITH SECRETARY OF STATE  AUGUST 27, 2002
	APPROVED BY GOVERNOR  AUGUST 27, 2002
	PASSED THE SENATE  AUGUST 12, 2002
	PASSED THE ASSEMBLY  MAY 23, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002
	AMENDED IN ASSEMBLY  APRIL 17, 2002

INTRODUCED BY   Assembly Member Canciamilla

                        FEBRUARY 21, 2002

   An act to amend Section 782 of the Harbors and Navigation Code,
relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2362, Canciamilla.  Vessels:  sanitation devices.
   Existing law requires every peace officer of the state and of any
city, county, or other public agency, all state and local public
health officers, and all boating law enforcement officers to enforce
certain provisions relating to vessel sanitation and any regulations
adopted pursuant to those provisions.  Existing law prohibits any
person from disconnecting, bypassing, or operating a marine
sanitation device so as to discharge sewage into the waters of the
state, unless the particular discharge is expressly authorized or
permitted pursuant to state or federal law or regulations.  A
violation of this prohibition is a misdemeanor.  State and local
peace officers are authorized to enforce state laws relating to
marine sanitation devices and to inspect vessels if there is
reasonable cause to suspect noncompliance with those laws.
   This bill would authorize a state or local peace officer  who
reasonably suspects that a vessel is discharging sewage in an area
where the discharge is prohibited to board the vessel for the purpose
of inspecting the marine sanitation device for proper operation and
placing dye tablets into the holding tank.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares both of the
following:
   (a) It is the intent of the Legislature in enacting this act to
ensure that the state's waterways are clean and safe, that boaters
are complying with the current vessel discharge laws, that the vital
privacy and property interests of individual boaters are protected,
and that the boating public is provided with the ability to comply
with environmental laws.
   (b) It is also the intent of the Legislature that state and local
peace officers be provided with information that will ensure that
they are knowledgeable about the numerous types of marine sanitation
devices that are installed aboard boats, and that the state
strengthen its efforts to ensure that there are sufficient numbers of
operational and available marine sanitation disposal facilities
throughout the state.
  SEC. 2.  Section 782 of the Harbors and Navigation Code is amended
to read:
   782.  (a) Excepting laws regulating the discharge of sewage into
or upon the navigable waters of any lake, reservoir, or freshwater
impoundment of this state, and notwithstanding Section 660, no
vessel, as defined in subdivision (e) of Section 775.5, is subject to
any other state or local government law, ordinance, or regulation
with respect to the design, manufacture, installation, or use within
any vessel of any marine sanitation device.
   (b) Notwithstanding any other provision of law, nothing in this
chapter precludes or restricts a city, county, or other public agency
from adopting rules and regulations with respect to the discharge
of sewage from vessels.
   (c) State and local peace officers may enforce state laws relating
to marine sanitation devices and may inspect vessels if there is
reasonable cause to suspect noncompliance with those laws.
   (d) A state or local peace officer who reasonably suspects that a
vessel is discharging sewage in an area where the discharge is
prohibited may board that vessel, if the owner or operator is aboard,
for the purpose of inspecting the marine sanitation device for
proper operation and placing a dye tablet in the holding tank.