BILL NUMBER: AB 1555 CHAPTERED 09/24/03 CHAPTER 496 FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2003 APPROVED BY GOVERNOR SEPTEMBER 24, 2003 PASSED THE ASSEMBLY SEPTEMBER 5, 2003 PASSED THE SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE AUGUST 27, 2003 AMENDED IN SENATE AUGUST 18, 2003 AMENDED IN SENATE JULY 8, 2003 AMENDED IN SENATE JUNE 24, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Member Nakano FEBRUARY 21, 2003 An act to amend, repeal, and add Sections 654 and 654.05 of, and to add Section 654.03 to, the Harbors and Navigation Code, relating to vessels. LEGISLATIVE COUNSEL'S DIGEST AB 1555, Nakano. Motorized recreational vessels. (1) Existing law prohibits the operation of motorized recreational vessels, in or upon the inland waters of this state, that exceed specified noise levels, and requires the exhaust of internal combustion engines used on those vessels to be effectively muffled at all times. This bill on and after January 1, 2005, would require a motorized recreational vessel that is operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state, to be equipped at all times with a muffler or a muffler system, as defined, that meets certain conditions, except as specified. The bill would prohibit a person from manufacturing for sale a motorized recreational vessel that is not equipped with a muffler or muffler system that brings the vessel into compliance with certain provisions, unless the vessel is designed, manufactured, and sold for the sole purpose of competing in racing events. The bill would impose certain, related requirements and prohibitions upon buyers, sellers, and operators of exempted vessels. The bill would revise the specified noise levels, and would make those levels applicable to a motorized recreational vessel that is operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state. Because the bill thereby would change the definition of, and expand the application of a crime and create new crimes, it would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 654 of the Harbors and Navigation Code is amended to read: 654. (a) The exhaust of every internal combustion engine used on any motorized recreational vessel shall be effectively muffled at all times to prevent any excessive or unusual noise and as may be necessary to comply with Section 654.05. (b) 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 the preparations occur. (c) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2005, deletes or extends that date. SEC. 2. Section 654 is added to the Harbors and Navigation Code, to read: 654. (a) (1) For the purposes of this section, a "muffler" or "muffler system" is a sound suppression device or system that is designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and prevents excessive or unusual noise. (2) For the purposes of this section, an underwater through-the-propeller-hub exhaust outlet system is a muffler system. (b) A motorized recreational vessel that is operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state shall be equipped at all times with a muffler or a muffler system that is all of the following: (1) In good working condition. (2) In constant operation. (3) Installed in a manner that effectively brings the vessel into compliance with Section 654.05. (c) 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 the preparations occur. (d) This section shall become operative on January 1, 2005. SEC. 3. Section 654.03 is added to the Harbors and Navigation Code, to read: 654.03. (a) A person may not manufacture for sale a motorized recreational vessel that is not equipped with a muffler or muffler system, as defined in subdivision (a) of Section 654, that brings the vessel into compliance with paragraph (2) of subdivision (a) of Section 654.05, except as authorized under subdivision (b). (b) A person may manufacture for sale a motorized recreational vessel that is not equipped as required under subdivision (a) if the vessel is designed, manufactured, and sold for the sole purpose of competing in racing events. (c) A person may not sell a vessel that is exempted under subdivision (b) unless there is compliance with both of the following: (1) The sales agreement includes a statement that the vessel is designed, manufactured, and sold for the sole purpose of competing in racing events and may not be operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state, except under the conditions described in subdivision (c) of Section 654. (2) The statement described in paragraph (1) is signed by both the buyer and the seller. (d) Both the buyer and the seller of a vessel exempted under subdivision (b) shall maintain copies of the sales agreement described in paragraph (1) of subdivision (c). (e) A person may not operate a vessel that is exempted under subdivision (b) unless a copy of the sales agreement described in paragraph (1) of subdivision (c) is on board the vessel. (f) A person may not operate a vessel that is exempted under subdivision (b) in or upon the inland waters, or in or upon ocean waters within one mile of the coastline of the state, except under the conditions described in subdivision (c) of Section 654. (g) This section shall become operative on January 1, 2005. SEC. 4. Section 654.05 of the Harbors and Navigation Code is amended to read: 654.05. (a) A person may not operate a motorized recreational vessel in or upon the inland waters of this state in a manner that exceeds the following noise levels: (1) For engines manufactured before January 1, 1976, a noise level of 86 dbA measured at a distance of 50 feet from the motorized recreational vessel. (2) For engines manufactured on or after January 1, 1976, and before January 1, 1978, a noise level of 84 dbA measured at a distance of 50 feet from the motorized recreational vessel. (3) For engines manufactured on or after January 1, 1978, a noise level of 82 dbA measured at a distance of 50 feet from the motorized recreational vessel. (b) Testing procedures employed to determine noise levels shall be in accordance with the Exterior Sound Level Measurement Procedure For Pleasure Motorboats of the Society of Automotive Engineers in its recommended practice designated SAE J34. The department may, by regulation, revise the measurement procedure when deemed necessary to adjust to advances in technology. (c) 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 the preparations occur. (d) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2005, deletes or extends that date. SEC. 5. Section 654.05 is added to the Harbors and Navigation Code, to read: 654.05. (a) A person may not operate 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 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. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.