BILL NUMBER: AB 2566	CHAPTERED  07/09/04

	CHAPTER  130
	FILED WITH SECRETARY OF STATE  JULY 9, 2004
	APPROVED BY GOVERNOR  JULY 8, 2004
	PASSED THE SENATE  JUNE 24, 2004
	PASSED THE ASSEMBLY  MAY 3, 2004
	AMENDED IN ASSEMBLY  APRIL 20, 2004

INTRODUCED BY   Assembly Member Nakano

                        FEBRUARY 20, 2004

   An act to amend Section 654.05 of the Harbors and Navigation Code,
relating to boating.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2566, Nakano.  Boating:  noise levels.
   Existing law prohibits a person from operating a motorized
recreational vessel in or upon the inland waters, or in or upon ocean
waters that are within one mile of the coastline of the state, in a
manner that exceeds specified noise levels.  A violation of this
provision is a crime under existing law.
   This bill, instead, would prohibit the owner of a motorized
recreational vessel that is numbered by the Department of Motor
Vehicles, as specified, or that is documented by an agency of the
federal government, from operating, or authorizing the operation of,
the vessel in or upon the inland waters, or in or upon ocean waters
that are within one mile of the coastline of the state, in a manner
that exceeds the specified noise levels.


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


  SECTION 1.  Section 654.05 of the Harbors and Navigation Code, as
added by Section 5 of Chapter 496 of the Statutes of 2003, is amended
to read:
   654.05.  (a) The owner of a motorized recreational vessel that is
numbered pursuant to Section 9850 of the Vehicle Code, or that is
documented by an agency of the federal government, shall not operate,
or authorize the operation of, the vessel  in or upon the inland
waters, or in or upon ocean waters that are within one mile of the
coastline of the state, in a manner that exceeds the following noise
levels:
   (1) For engines manufactured before January 1, 1993, a noise level
of 90 dB(A) when subjected to the Society of Automotive Engineers
Recommended Practice SAE J2005 (Stationary Sound Level Measurement
Procedure for Pleasure Motorboats).
   (2) For engines manufactured on or after January 1, 1993, a noise
level of 88 dB(A) when subjected to the Society of Automotive
Engineers Recommended Practice SAE J2005 (Stationary Sound Level
Measurement Procedure for Pleasure Motorboats).
   (3) A noise level of 75 dB(A) measured as specified in the Society
of Automotive Engineers Recommended Practice SAE J1970 (Shoreline
Sound Level Measurement Procedure).  However, a measurement of noise
level that is in compliance with this paragraph does not preclude the
conducting of a test of noise levels under paragraph (1) or (2).
   (b) A law enforcement officer utilizing a decibel measuring device
for the purposes of enforcing this section shall be knowledgeable
and proficient in the use of that device.
   (c) The department may, by regulation, revise the measurement
procedure when deemed necessary to adjust to advances in technology.

   (d) This section does not apply to motorized recreational vessels
competing under a local public entity or United States Coast Guard
permit in a regatta, in a boat race, while on trial runs, or while on
official trials for speed records during the time and in the
designated area authorized by the permit.  In addition, this section
does not apply to motorized recreational vessels preparing for a
race or regatta if authorized by a permit issued by the local entity
having jurisdiction over the area where these preparations occur.
   (e) This section shall become operative on January 1, 2005.