BILL NUMBER: SB 717	CHAPTERED
	BILL TEXT

	CHAPTER  610
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 2, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	AMENDED IN ASSEMBLY  JULY 14, 2009
	AMENDED IN ASSEMBLY  JUNE 18, 2009
	AMENDED IN ASSEMBLY  JUNE 11, 2009
	AMENDED IN SENATE  APRIL 28, 2009

INTRODUCED BY   Senator Runner

                        FEBRUARY 27, 2009

   An act to amend Sections 70, 70.2, 70.4, 70.8, 71.2, 71.4, 71.8,
72, 72.2, 76, 76.3, 76.5, 76.6, 86, 131, 133, 264, 300, 301, 302,
304, 305, 306, 307, 308, 505.5, 571, 652, 654.5, 658.3, 668.1, 738,
and 780 of, to add Sections 309 and 310 to, to repeal Section 660.2
of, and to repeal Chapter 2.5 (commencing with Section 110) of
Division 1.5 of, the Harbors and Navigation Code, relating to boating
and waterways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 717, Runner. Boating and waterways: Department of Boating and
Waterways.
   Under existing law, the Department of Boating and Waterways
regulates, among other things, harbors, ports, boating, and waterways
pursuant to the Harbors and Navigation Code.
   Existing law authorizes the department to acquire, construct,
develop, and improve small craft harbors, subject to provisions that
require the department to transfer these facilities to a county,
city, or district, as specified, that requests that transfer and
enters into an agreement to repay the state for acquiring and
developing the harbor and that authorize the deferral of a local
governing body's repayment of the costs to the state for these
activities.
   This bill would authorize, rather than require, a small craft
harbor acquired or developed by the department to be transferred to a
county, city, or district under specified circumstances. The bill
would eliminate certain authority of the department to defer
repayments required of a local governing body or reimburse
deficiencies of revenues to allow a facility to meet operation and
maintenance costs of a project.
   Existing law authorizes the department, subject to approval of the
Legislature as provided, to make loans to cities, counties, or
certain districts for the planning, acquisition, construction,
improvement, maintenance, or operation of small craft harbors and
facilities in connection with the harbors and connecting waterways.
The department is required to establish rules and regulations to be
followed in making these loans that include certain policies and
standards.
   This bill would also authorize these loans for the design of the
harbors and facilities.
   Existing law authorizes the department to make loans to private
marina owners to develop a recreational marina, which may be used for
various activities. Existing law limits a loan to a private marina
owner to 75% of the funds annually budgeted for recreational marinas.

   This bill would also authorize these loans for acquisition and
would delete the limit on the loan amount.
   Existing law requires loans under these provisions to include
certain minimum terms and conditions, including, for loans for
private marinas, a minimum annual rate of interest charged by the
department of 1% per annum, as provided.
   This bill would revise these loan conditions to provide that the
annual interest rate charged for a loan shall be set annually by the
commission, as described. The bill would authorize the department to
restate existing loans, upon written request by the borrower, and
upon approval by the commission.
   Existing law requires a person 11 years of age or younger to wear
a United States Coast Guard-approved life vest when aboard a
motorboat, sailboat, or vessel that is underway.
   This bill would apply this requirement instead to a person under
13 years of age.
   Existing law makes it a misdemeanor to moor a vessel or hang on
with a vessel to a buoy or beacon.
   This bill would except from this prohibition designated mooring
buoys.
   Existing law requires the department, upon the request of the
Director of Fish and Game, to perform various activities regarding
efforts to control and eradicate Caulerpa taxifolia from the Agua
Hedionda Lagoon in San Diego County.
   This bill would delete this provision.
   Existing law requires a person convicted of certain violations of
the Harbors and Navigation Code to complete and pass a boating and
safety course approved by the department. It is unlawful to operate a
motorized vessel or have the engine of a motorized vessel run idle
while an individual is teak surfing, platform dragging, or
bodysurfing behind the motorized vessel or while an individual is
occupying or holding onto the swim platform, swim deck, swim step, or
swim ladder of the vessel.
   This bill would impose the boating and safety course requirement
on a person who violates this provision.
   Existing law provides that a person who violates various
provisions of the Harbors and Navigation Code is guilty of a felony,
or is punishable by imprisonment in the state prison, for unspecified
or specified timeframes.
   This bill would provide that a person who violates these
provisions is guilty of a felony and would establish the same maximum
fine and imprisonment for all of these felony violations.
   Existing law also provides that certain violations of the Harbors
and Navigation Code are misdemeanors.
   This bill would specifically state the penalty for these
misdemeanor violations.
   By increasing certain penalties for misdemeanor violations, this
bill would impose a state-mandated local program.
   Under existing law, local agencies are required to certify to the
Department of Boating and Waterways that, for specified small craft
harbor or boating facilities funded by the department, adequate
shoreside facilities, as described, are provided or to provide
written findings showing why the facility cannot certify to these
conditions.
   This bill would require local agencies to make that certification
annually and for additional facilities, thereby imposing a
state-mandated local program.
   Existing law requires a city, county, or district that has
received funds for the construction or improvement of small craft
harbors that provide facilities for commercial fishing vessels to
provide alternative equivalent facilities for commercial passenger
fishing vessels and private recreational vessels.
   This bill would require that alternative equivalent facility to
additionally provide vessel pumpout facilities, oil recycling
facilities, and receptacles for separating, reusing, or recycling
solid waste materials, thereby imposing a state-mandated local
program. The bill would also provide that a small craft harbor or
boating facility constructed, developed, or improved with specified
funds meet, at a minimum, applicable green building standards.
   The bill would make technical, nonsubstantive changes to certain
provisions of the Harbors and Navigation Code.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


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

  SECTION 1.  Section 70 of the Harbors and Navigation Code is
amended to read:
   70.  The department may prepare plans for, and acquire, construct,
develop, and improve, small craft harbors, facilities in connection
with the harbors, and connecting waterways. A small craft harbor so
acquired or developed may be transferred, and its operation
relinquished, to a county or city, or a district having power to
operate a small craft harbor, in which any part of it is located,
upon the request of the city, county, or district, if the city,
county, or district enters into an agreement with the department for
repayment to the state of all costs incurred by the department in
acquiring and developing the small craft harbor, including planning
costs. The city, county, or district shall be required by the
department to repay those costs. The payments shall be made in the
amounts and at the times that are provided by the agreement.
  SEC. 2.  Section 70.2 of the Harbors and Navigation Code is amended
to read:
   70.2.  (a) The department may prepare or contract for the
preparation of plans for, acquire or contract for the acquisition of,
construct or contract for the construction of, develop and improve,
or contract for the development and improvement of any portion of
coastal small craft harbors that are normally nonrevenue producing,
such as jetties, breakwaters, dredging, seawalls, piers, and
communication centers.
   (b) This program may be conducted in cooperation with the federal
government for harbor development along the coastline of California.
In those cooperative projects, the department may assume the role of
"local sponsor" as that term is used in agreements with the federal
government with regard to those projects referred to in this section
if before the department assumes the role of "local sponsor" it
determines to its satisfaction that the local entity that would
otherwise be designated as local sponsor cannot fulfill the
obligations commensurate with that designation.
   (c) If the nonrevenue producing facilities are to be a portion of
an existing harbor, the department, prior to construction of those
facilities, shall enter into an agreement with the local governing
body of the harbor that provides that revenues from harbor operations
and harbor district taxes shall serve as security for repayment of
the state contribution to the cost of construction and the local
governing body shall assume responsibility for the operation and
maintenance of the facilities constructed under the agreement.
   (d) If nonrevenue producing facilities are to be constructed at a
location where no harbor operation is being conducted by a
governmental entity, the department may initiate construction of the
facilities after securing an agreement with the appropriate local
jurisdiction that the local entity shall assume the responsibility of
operation and maintenance of the facilities, as well as repayment of
all related costs of the department, as agreed to in writing.
   (e) Harbor facilities provided by the department pursuant to this
section shall be defined as nonrevenue producing features for the
purpose of the term of repayment under subdivision (a) of Section
71.8.
  SEC. 3.  Section 70.4 of the Harbors and Navigation Code is amended
to read:
   70.4.  No city, county, or district that has received, or is
receiving, money under this division for the design, planning,
construction, or improvement of a small craft harbor of refuge shall
exclude, consistent with the intent of Section 40, the use of that
harbor by a commercial boat, or any vessel in need of a safe harbor
for refuge purposes. Each vessel entering and using a harbor of safe
refuge pursuant to this section shall pay the published fees for
services rendered while in the harbor and shall comply with all other
applicable local, state, and federal laws while in the harbor and
while using any facilities in the harbor.
  SEC. 4.  Section 70.8 of the Harbors and Navigation Code is amended
to read:
   70.8.  The department may contract with a federal agency, state
agency, or city, county, or district, in the design, planning,
construction, development, and improvement of small craft harbors
pursuant to this chapter, or for the maintenance and operation of any
small craft harbors under the jurisdiction of the department.
  SEC. 5.  Section 71.2 of the Harbors and Navigation Code is amended
to read:
   71.2.  (a) The department shall protect small craft harbors under
its jurisdiction from damage and preserve the peace in those harbors.
The director and the employees of the department that the director
designates have the authority and powers conferred by law upon peace
officers listed in Section 830.33 of the Penal Code for those
harbors. The department may adopt rules and regulations that may be
necessary for the purposes of this section. A violation of those
rules or regulations is a misdemeanor.
   (b) A person found guilty of a misdemeanor violation of this
section shall be subject to a fine not to exceed one thousand dollars
($1,000) or imprisonment in the county jail not to exceed six
months, or both that fine and imprisonment.
  SEC. 6.  Section 71.4 of the Harbors and Navigation Code is amended
to read:
   71.4.  (a) (1) The department, subject to the approval of the
Legislature in accordance with Section 85.2, may make loans to
qualified cities, counties, or districts having power to acquire,
construct, and operate small craft harbors, for the design, planning,
acquisition, construction, improvement, maintenance, or operation of
small craft harbors and facilities in connection with the harbors,
and connecting waterways, if the department finds that the project is
feasible.
   (2) The minimum annual rate of interest charged by the department
for a loan shall be set annually by the commission and shall be based
on the Pooled Money Investment Account interest rate.
   (b) The department shall establish, by rules and regulations,
policies and standards to be followed in making loans pursuant to
this section so as to further the proper development and maintenance
of a statewide system of small craft harbors and connecting
waterways. To the greatest extent possible, the department shall
adhere to customary commercial practices to ensure that loans made
pursuant to this section are adequately secured and that the loans
are repaid consistent with the terms of the loan agreement. Any rules
and regulations shall include policies and standards for restrooms,
vessel pumpout facilities, oil recycling facilities, and receptacles
for the purpose of separating, reusing, or recycling all solid waste
materials.
   (c) The department shall develop weighing and ranking criteria to
qualify and prioritize the public loans.
   (d) A loan under this section shall be repaid as provided in
Section 70.
   (e) Rates to be charged for the use of the boating facilities
shall be established by the city, county, or district, subject to the
approval of the department, in every loan contract. The department
shall concern itself with the rates charged only as prescribed in
Section 71.8. The rates set shall be based on a monthly berthing
charge, and the department shall monitor these rates to ensure that
the berthing charges are sufficient to ensure timely and complete
repayment of the loan.
   (f) The department shall submit any project for which it
recommends any loan be made to the Governor for inclusion in the
Budget Bill.
   (g) The department may restate an existing loan under this
article, upon written request by the borrower, and upon approval by
the commission.
  SEC. 7.  Section 71.8 of the Harbors and Navigation Code is amended
to read:
   71.8.  (a) A contract or agreement for a transfer pursuant to
Section 70 or a loan pursuant to Section 71.4, for which gross
revenues of a small craft harbor are made the security for repayment
shall include, but is not limited to, provisions requiring the
governing body of the city, county, or district to perform all the
following:
   (1) Punctually pay all installments of principal and interest on
money owed to the state.
   (2) Continuously operate in an efficient and economical manner all
small craft harbor facilities acquired, constructed, improved, or
completed in full or in part as a result of transfers or loans by the
state.
   (3) Make all repairs, renewals, and replacements necessary to the
efficient operation of the small craft harbor facilities and to keep
the facilities in good repair at all times.
   (4) Preserve and protect the security interest of the state in all
respects by procuring insurance on the facilities in an amount and
of the type approved by the department.
   (5) Subject to subdivision (c), periodically fix, prescribe, and
collect fees, rentals, or other charges for services and facilities
of the small craft harbor facilities sufficient to produce gross
revenues adequate for payment of the following amounts in the order
set forth:
   (A) All installments of principal and interest on money owed the
state as they come due.
   (B) All expenses of operation, maintenance, and repair of the
small craft harbor facilities.
   (C) Any additional sums as may be required by the department for
any sinking fund, reserve fund, or other special fund established for
the further security of the loan or transfer or as a depreciation or
other charge in connection with the small craft harbor facilities.
   (6) Repay loans with regard to the revenue-producing features, as
determined by the department, constructed under the loan over a
period not to exceed 30 years.
   (7) Repay loans with regard to the non-revenue-producing features,
as determined by the department, constructed under the loan over a
period not to exceed 50 years.
   (b) The department may require the contract or agreement to
include a requirement that installments of principal and interest on
money owed the state shall be paid from gross revenues prior to any
other expenditures from those revenues. No loan of funds shall be
made to a city, county, or district unless the loan is approved by
the department as conforming to the policies established by the
department. A contract or agreement shall not be effective until
approved by the Department of General Services for legality, form,
and completeness.
   (c) The fees for the use of launching ramps in a small craft
harbor shall not exceed the sum of the following:
   (1) The costs of operation and maintenance of the launching ramp
and related harbor facilities, including, but not limited to, access
to the ramp from the shore and the ocean.
   (2) The prorated capital costs of that portion of the facility
which is determined by the governing body of the small craft harbor
or boating facility to be necessary to pay amounts specified in
paragraph (5) of subdivision (a).
   (d) If the city, county, or district defaults on the payment of
money owed the state, or otherwise fails to perform in accordance
with the terms and conditions of the contract or agreement, the state
shall recover the defaulted loan and the department may assume the
operation and maintenance of the harbor or facility or enter into one
or more contracts for its operation and maintenance.
  SEC. 8.  Section 72 of the Harbors and Navigation Code is amended
to read:
   72.  (a) If the legislative body of a city, county, or district
has acquired, constructed, or improved small craft harbor facilities
pursuant to an agreement or contract for a transfer pursuant to
Section 70, or a loan pursuant to Section 71.4, the facilities may
not be leased in whole or in part to a private concessionaire or
lessee until the legislative body has published a notice pursuant to
Section 6066 of the Government Code inviting bids and has otherwise
complied with this section. Prior to publication of the notice, the
legislative body shall obtain the approval of the department to the
proposed leasing of the harbor facility and to the terms and
conditions of the proposed lease. The notice shall distinctly and
specifically describe the harbor facilities that are to be leased and
set forth the period of the time for which the facilities are to be
leased, and the minimum rental to be paid under the lease. The notice
shall recite that the lease will reserve to the legislative body the
power to fix and determine the rates to be charged by the lessee for
the use by the public of the facilities. The notice also shall
prominently display the statement that award of the lease by the
legislative body is subject to final approval by the department, and
fix a time and place for the opening of bids by the legislative body.

   (b) At the time and place fixed in the notice, the legislative
body shall meet and consider all bids that have been submitted. The
lease shall be awarded to the highest responsible bidder, but the
award shall become final only after the award by the legislative body
has been approved by the department.
  SEC. 9.  Section 72.2 of the Harbors and Navigation Code is amended
to read:
   72.2.  (a) Notwithstanding other provisions of this chapter, if
the legislative body of a city, county, or district has acquired,
constructed or improved small craft harbor facilities pursuant to an
agreement or contract for a transfer pursuant to Section 70 or a loan
pursuant to Section 71.4 under circumstances in which the proposed
lease area is land or water area and the terms of the proposed lease
call for the lessee to install or construct all improvements, the
land or water area may be leased by the legislative body without
public bidding, but only after a public hearing, public notice of
which shall be given by publication for not less than once a week for
two weeks in a newspaper of general circulation published in the
county in which the land lies.
   (b) Prior to publication of the public notice the legislative body
shall obtain the written approval of the department to the proposed
leasing of the harbor facility and the provisions of the proposed
public notice. The public notice shall describe the land or water
area that is to be leased, describe in general terms the nature of
the development desired by the legislative body, and set forth the
period of time for which the land or water area is to be leased, and
the minimum rental to be paid under the lease. The public notice
shall recite that the lease will reserve to the legislative body the
power to fix and determine the rates to be charged by the lessee for
the use by the public of facilities developed by the lessee. The
public notice also shall contain a prominent statement that award of
the lease by the legislative body is subject to final approval by the
department, and fix a time and place for the public hearing by the
legislative body. The public notice shall invite proposals for
leasing from any and all interested parties.
   (c) At the time and place fixed in the public notice of hearing,
the legislative body shall meet and consider the lease proposal
submitted. The award of the lease shall become final only after the
award by the legislative body has been approved by the department.
  SEC. 10.  Section 76 of the Harbors and Navigation Code is amended
to read:
   76.  It is the intent of the Legislature that Harbors and
Watercraft Revolving Fund moneys be used to implement the intent of
Section 71.5 by providing loans directly to private recreational
marina owners for the design, acquisition, development, expansion,
and improvement of boating facilities. It is the further intent of
the Legislature that borrowers receiving loans not charge
unreasonably high boat berthing fees at their harbor facilities, but
that those borrowers be entitled to charge rates that provide for
servicing of borrowed indebtedness obtained to develop those
facilities, provide for other expenses incurred in operating the
facilities, establish reasonable reserves for repairs, maintenance,
and replacement of those facilities, and provide a reasonable return
on the borrower's invested capital.
  SEC. 11.  Section 76.3 of the Harbors and Navigation Code is
amended to read:
   76.3.  (a) The department may make loans to private marina owners
to develop a recreational marina. Loan funds from the department may
be utilized for both of the following:
   (1) Construction costs for berthing facilities, dredging, parking,
public access facilities, restrooms, vessel pumpout facilities, oil
recycling facilities, utilities, landscaping, receptacles for the
purpose of separating, reusing, or recycling all solid waste
materials, and other incidental boating-related amenities.
   (2) Acquisition, collateral appraisals, permit fees, planning,
engineering, and design expenses directly related to the items
specified in paragraph (1).
   (b) The department shall not make a loan to a recreational marina
that restricts access or bars the public other than that which is
consistent with general commercial business practices.
   (c) Any private marina owner who purchases facilities previously
developed with a department loan is eligible to apply for a new
construction loan from the department.
   (d) (1) The department may also make a loan to a recreational
marina for the purpose of refinancing an existing loan, subject to
the following conditions:
   (A) Not more than 70 percent of the proceeds from the loan shall
be used to refinance an existing loan.
   (B) Not less than 30 percent of the loan proceeds shall be used
for construction activity authorized under this section.
   (C) The loan applicant shall meet all other requirements under law
for loan qualification and any other applicable term or condition of
law.
   (2) This subdivision does not prohibit a person from applying for
a loan under subdivision (a).
  SEC. 12.  Section 76.5 of the Harbors and Navigation Code is
amended to read:
   76.5.  In processing applications under this article, the
department shall give priority to applications from qualified private
marina owners who have not received previous loans from the
department. If the department finds a proposed loan project is
feasible, the loan request shall be submitted to the commission for
its advice and consent.
  SEC. 13.  Section 76.6 of the Harbors and Navigation Code is
amended to read:
   76.6.  Loans made under this article shall include, but are not
limited to, the following terms and conditions:
   (a) The minimum annual rate of interest charged by the department
for a loan shall be set annually by the commission and shall be a
rate equal to 1 percent per annum plus the prime or base rate of
interest.
   (b) The department shall require collateral in a minimum amount of
110 percent of the loan.
   (c) The repayment period of a loan shall not exceed 20 years, or
be longer than the length of the borrower's leasehold estate,
including renewal options, if the loan is based upon a leasehold
estate of the borrower.
   (d) All loans shall amortize the principal over the term of the
loan. However, a loan shall become due and payable in full if the
borrower sells or otherwise transfers the recreational marina
developed with departmental funds, unless the transfer is, by reason
of the death of the borrower, to the borrower's heirs.
   (e) The department's loans shall not be subordinated to any future
loans obtained by a private marina owner, except in those cases
involving loans acquired for refinancing previous senior loans.
   (f) The department may allow assumption of loans from the original
borrower by future parties, subject to completion of the application
process and upon approval by the department and the commission.
   (g) The department may, upon written request by the borrower, and
upon the approval of the commission, restate an existing loan.
  SEC. 14.  Section 86 of the Harbors and Navigation Code is amended
to read:
   86.  (a) The local public agency shall annually certify to the
department that for a small craft harbor or boating facility project
that is, or has been, funded pursuant to Section 70, 70.2, 70.8,
71.4, 72.5, or 76.3, or a harbor constructed with funds from the
State Lands Commission from tidelands oil revenues, adequate restroom
and sanitary facilities, parking, refuse disposal, vessel pumpout
facilities as required pursuant to Section 776, walkways, oil
recycling facilities, receptacles for the purpose of separating,
reusing, or recycling all solid waste materials, and other necessary
shoreside facilities sufficient for the use and operation of all
vessels using the harbor or facility are provided or provide written
findings showing why the facility cannot certify to these conditions.

   (b) A city, county, or district, which has received or is
receiving money under this division for the construction or
improvement of small craft harbors that provides facilities for the
operation of commercial fishing vessels registered pursuant to
Article 4 (commencing with Section 7880) of Chapter 1 of Part 3 of
Division 6 of the Fish and Game Code, shall not prohibit the
commercial operation and use of those facilities by commercial
passenger fishing vessels of the same or similar displacement, which
are licensed pursuant to Section 7920 of the Fish and Game Code, or
the use by private recreational vessels unless otherwise expressly
provided by law, unless the city, county, or district provides,
elsewhere in the same harbor, alternative, equivalent facilities
available at comparable cost for the commercial operation and use of
commercial passenger fishing vessels and private recreational vessels
or unless the city, county, or district adopts written findings
showing why the existing facility cannot accommodate the operation of
commercial fishing vessels, including commercial passenger fishing
vessels, or private recreational vessels and why the facility cannot
be modified to do so or why alternative, equivalent facilities cannot
be provided in the same harbor to accommodate those operations. This
subdivision does not require a facility to accept an application for
the operation of an additional commercial passenger fishing boat at
that facility if the harbor provides alternative, equivalent,
adequate, safe facilities at comparable cost for the operation and
use of commercial passenger fishing boats or if accommodations for
the operation of the additional commercial passenger fishing boat are
not reasonably available at the facility under the contract or
agreement.
   For the purposes of this subdivision, an alternative, equivalent
facility in the same harbor shall provide, at comparable cost,
adequate restroom and sanitary facilities, parking, refuse disposal,
vessel pumpout facilities, walkways, oil recycling facilities,
receptacles for the purpose of separating, reusing, or recycling all
solid waste materials, power and water service, and other shoreside
facilities and equivalent docks, water channels, navigation aids, and
weather protection, including, but not limited to, breakwaters,
which are equivalent to the facility funded pursuant to Section 70,
70.2, 70.8, 71.4, 72.5, or 76.3.
   (c) (1) A loan, grant, contract or agreement, or plan funded
pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 for a small
craft harbor or boating facility project shall provide for
construction, development, or improvement of facilities to meet the
provisions of subdivisions (a) and (b), and provide vehicular access
roads to the harbor or facility, as recommended by the Department of
Transportation pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code, unless the reasons for not
meeting those provisions and recommendations are set forth in the
contract or agreement with the department, or an addendum thereto.
   (2) The small craft harbor or boating facility shall be designed,
constructed, developed, improved, and operated to meet, at a minimum,
applicable certification standards described in the Tier 1 standards
of the California Green Building Standards Code (Part 11 of Title 24
of the California Code of Regulations).
   (d) During the term of any existing or new loan contract made
pursuant to Section 71.4, or 76.3, or any existing or new contract or
agreement pursuant to Section 70, 70.2, or 70.8, the department
shall supervise and monitor compliance with this section and the
operation and maintenance of the harbor or facility to assure that
the planning, construction, development, or improvement fully
complies with this section and the contract or agreement terms and
conditions.
   (e) For the purposes of this chapter and Article 2 (commencing
with Section 70) of Chapter 2, a harbor or facility that is the
subject of a contract or agreement as described in subdivision (d),
is under the jurisdiction of the department.
   SEC. 15.  Chapter 2.5 (commencing with Section 110) of Division
1.5 of the Harbors and Navigation Code is repealed.
  SEC. 16.  Section 131 of the Harbors and Navigation Code is amended
to read:
   131.  (a) A person who unlawfully obstructs the navigation of any
navigable waters is guilty of a misdemeanor.
   (b) A person found guilty of a misdemeanor violation of this
section shall be subject to a fine not to exceed one thousand dollars
($1,000) or imprisonment in the county jail not to exceed six
months, or both that fine and imprisonment.
  SEC. 17.  Section 133 of the Harbors and Navigation Code is amended
to read:
   133.  (a) Except in case of emergency imperiling life or property,
or unavoidable accident, collision, or stranding, or as otherwise
permitted by law, it is unlawful and constitutes a misdemeanor for a
person to discharge, or suffer the discharge of, oil by any methods,
means, or manner, into or upon the navigable waters of the state from
any vessel using oil as fuel for the generation of propulsion power,
or any vessel carrying or having oil in excess of that necessary for
its lubricating requirements, and as may be required under the laws
and prescribed rules and regulations of the United States and this
state.
   (b) As used in this section, the term "oil" means oil of any kind
or in any form, including fuel oil, oil sludge, and oil refuse, and
the term, "navigable waters of the state," means all portions of the
sea within the territorial jurisdiction of the state, and all inland
waters navigable in fact in which the tide ebbs and flows.
    (c) A person found guilty of a misdemeanor violation of this
section shall be subject to a fine not to exceed one thousand dollars
($1,000) or imprisonment in the county jail not to exceed six
months, or both that fine and imprisonment.
  SEC. 18.  Section 264 of the Harbors and Navigation Code is amended
to read:
   264.  (a) A captain or other person having charge of any steam
vessel used for the conveyance of passengers, or of its boilers and
engines, who, from ignorance or gross neglect, or for
                                    the purpose of excelling any
other boat in speed, creates, or allows to be created, such an undue
quantity of steam as to burst or break the boiler, or any apparatus
or machinery connected with the boiler, by which bursting or breaking
human life is endangered, is guilty of a felony.
   (b) Notwithstanding any other provision of law, a person found
guilty of a felony violation of this section shall be subject to a
fine not to exceed five thousand dollars ($5,000) or imprisonment in
the state prison for 16 months, two or three years, or both that fine
and imprisonment.
  SEC. 19.  Section 300 of the Harbors and Navigation Code is amended
to read:
   300.  A person who willfully and maliciously cuts, breaks,
injures, sinks, or sets adrift a vessel of less than ten gross tons
that is the property of another is guilty of a misdemeanor.
  SEC. 20.  Section 301 of the Harbors and Navigation Code is amended
to read:
   301.  A person who willfully and maliciously cuts, breaks, or
injures a vessel of ten gross tons and upwards that is the property
of another is guilty of a misdemeanor.
  SEC. 21.  Section 302 of the Harbors and Navigation Code is amended
to read:
   302.  A person who willfully and maliciously sinks or sets adrift
a vessel of ten gross tons and upwards that is the property of
another is guilty of a felony.
  SEC. 22.  Section 304 of the Harbors and Navigation Code is amended
to read:
   304.  A person in command or charge of a vessel, who, within this
state, willfully wrecks, sinks, or otherwise injures or destroys it
or any of its cargo, or willfully permits the same to be wrecked,
sunk, or otherwise injured or destroyed, with intent to prejudice or
defraud a person, is guilty of a felony.
  SEC. 23.  Section 305 of the Harbors and Navigation Code is amended
to read:
   305.  A person, other than one described in Section 304 who is
guilty of any act specified in that section is guilty of a felony.
  SEC. 24.  Section 306 of the Harbors and Navigation Code is amended
to read:
   306.  A person who prepares, makes, or subscribes a false or
fraudulent manifest, invoice, bill of lading, ship's register, or
protest, with intent to defraud another, is guilty of a felony.
  SEC. 25.  Section 307 of the Harbors and Navigation Code is amended
to read:
   307.  A person who moors a vessel to, or hangs on with a vessel to
a buoy or beacon, except a designated mooring buoy, or who willfully
removes, damages, or destroys, a buoy or beacon, placed by competent
authority in any navigable waters of this state, is guilty of a
misdemeanor.
  SEC. 26.  Section 308 of the Harbors and Navigation Code is amended
to read:
   308.  A person who moors a vessel of any kind, to a buoy or
beacon, except a designated mooring buoy, placed in the waters of the
state by authority of the United States Coast Guard, or who in any
manner hangs on to the same, with a vessel, or who willfully removes,
damages, or destroys any such buoy or beacon, or any part of the
buoy or beacon, or who cuts down, removes, damages, or destroys a
beacon erected on land in this state by that authority, is, for every
offense, guilty of a misdemeanor.
  SEC. 27.  Section 309 is added to the Harbors and Navigation Code,
to read:
   309.  A person found guilty of a misdemeanor violation as provided
in this chapter shall be subject to a fine not to exceed one
thousand dollars ($1,000) or imprisonment in the county jail not to
exceed six months, or both that fine and imprisonment.
  SEC. 28.  Section 310 is added to the Harbors and Navigation Code,
to read:
   310.  Notwithstanding any other provision of law, a person found
guilty of a felony violation as provided in this chapter shall be
subject to a fine not to exceed five thousand dollars ($5,000) or
imprisonment in the state prison for 16 months, two or three years,
or both that fine and imprisonment.
  SEC. 29.  Section 505.5 of the Harbors and Navigation Code is
amended to read:
   505.5.  (a) Whenever the lien upon any vessel is lost by reason of
the loss of possession through trick, fraud, or device, the
repossession of the vessel by the former lienholder claimant revives
the lien, but a lien so revived is subordinate to any right, title,
or interest of a person under a sale, transfer, encumbrance, lien, or
other interest acquired or secured in good faith and for value
between the time of the loss of possession and the time of
repossession.
   (b) It is a misdemeanor for a person to obtain possession of a
vessel or any part of the vessel subject to a lien pursuant to the
provisions of this chapter by trick, fraud, or device.
   (c) It is a misdemeanor for a person claiming a lien on a vessel
to knowingly violate this article.
   (d) A person found guilty of a misdemeanor violation of
subdivision (b) or (c) shall be subject to a fine not to exceed one
thousand dollars ($1,000) or imprisonment in the county jail not to
exceed six months, or both that fine and imprisonment.
  SEC. 30.  Section 571 of the Harbors and Navigation Code is amended
to read:
   571.  (a) A person who takes away any goods from a stranded
vessel, or any goods cast by the sea upon the land, or found in a bay
or creek, or who knowingly has in his or her possession any goods so
taken or found, and does not deliver them to the sheriff of the
county where they were found, or notify him or her of his or her
readiness to do so within 30 days after they have been taken by him
or her or have come into his or her possession, is guilty of a
misdemeanor.
   (b) A person found guilty of a misdemeanor violation of this
section shall be subject to a fine not to exceed one thousand dollars
($1,000) or imprisonment in the county jail not to exceed six
months, or both that fine and imprisonment.
  SEC. 31.  Section 652 of the Harbors and Navigation Code is amended
to read:
   652.  (a) The department may issue regulations to do all of the
following:
   (1) Establish minimum safety standards for boats and associated
equipment.
   (2) Require the installation, carrying, or using of associated
equipment.
   (3) Prohibit the installation, carrying, or using of associated
equipment that does not conform with safety standards established
pursuant to this chapter.
   (b) The regulations shall conform with the federal navigation laws
or with the navigation rules promulgated by the United States Coast
Guard, or any successor thereto.
   (c) A person or public agency shall not use or give permission for
the use of a vessel that does not carry the equipment or meet the
standards established pursuant to this chapter.
   (d) A peace officer or harbor police officer authorized to enforce
this chapter may order the termination of the operation of a vessel
that is found to be unsafe for operation pursuant to Section 6550.5
of Title 14 of the California Code of Regulations. A violation of an
order under this subdivision is a misdemeanor.
   (e) A person found guilty of a misdemeanor violation of
subdivision (d), or of any regulation adopted by the department
pursuant to this section shall be subject to a fine not exceed one
thousand dollars ($1,000) or imprisonment in the county jail not to
exceed six months, or both that fine and imprisonment.
  SEC. 32.  Section 654.5 of the Harbors and Navigation Code is
amended to read:
   654.5.  A person who maliciously throws, hurls, or projects an
object by manual, mechanical, or other means at a vessel or an
occupant of a vessel on any of the waters within or bordering on this
state, which act does not constitute a violation of either Section
242 or 594 of the Penal Code, is guilty of a misdemeanor, and upon
first conviction the punishment shall be a fine not to exceed one
thousand dollars ($1,000) or imprisonment in the county jail not to
exceed 30 days, or both that fine and imprisonment. Upon a second
conviction, the punishment shall be a fine not to exceed five
thousand dollars ($5,000) or imprisonment in the county jail not to
exceed 90 days, or both that fine and imprisonment. Upon a third or
subsequent conviction, the punishment shall be a fine not to exceed
ten thousand dollars ($10,000) or imprisonment in the county jail not
to exceed one year, or both that fine and imprisonment.
  SEC. 33.  Section 658.3 of the Harbors and Navigation Code is
amended to read:
   658.3.  (a) A person shall not operate a motorboat, sailboat, or
vessel that is 26 feet or less in length, unless every person on
board who is under 13 years of age is wearing a type I, II, III, or V
Coast Guard-approved personal flotation device while that motorboat,
sailboat, or vessel is underway.
   (b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is under 13 years of age is restrained
by a harness tethered to the vessel, or to a person operating a
vessel on which a person who is under 13 years of age is in an
enclosed cabin.
   (c) A person on board a personal watercraft or a person being
towed behind a vessel on water skis, an aquaplane, or similar device,
except for an underwater maneuvering device intended for use by a
submerged swimmer, shall wear a type I, II, III, or V Coast
Guard-approved personal flotation device. An underwater maneuvering
device is a towed or self-powered apparatus that a person can pilot
through diving, turning, and surfacing maneuvers that is designed for
underwater use.
   (1) This subdivision does not apply to a person aboard a personal
watercraft or a person being towed behind a vessel on water skis, if
that person is a performer engaged in a professional exhibition, or
preparing to participate or participating in an official regatta,
marine parade, tournament, or exhibition.
   (2) In lieu of wearing a Coast Guard-approved personal flotation
device of a type described in this subdivision, a person engaged in
slalom skiing on a marked course or a person engaged in barefoot,
jump, or trick waterskiing may elect to wear a wetsuit designed for
the activity and labeled by the manufacturer as a water ski wetsuit.
A Coast Guard-approved personal flotation device of a type described
in this subdivision shall be carried in the tow vessel for each skier
electing to wear a water ski wetsuit pursuant to this paragraph.
   (d) The requirements set forth in subdivisions (a) and (c) do not
apply to a person operating a motorboat, sailboat, or vessel if the
operator is reacting to an emergency rescue situation.
   (e) The following definitions govern the construction of this
section:
   (1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
   (2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while it is
underway.
   (3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
   (f) A violation of this section is an infraction punishable as
provided in subdivision (a) of Section 668.
  SEC. 34.  Section 660.2 of the Harbors and Navigation Code is
repealed.
  SEC. 35.  Section 668.1 of the Harbors and Navigation Code is
amended to read:
   668.1.  (a) A person convicted of a violation of subdivision (a),
(b), (c), (d), (e), or (f) of Section 655, or of Section 655.2,
655.6, 655.7, 658, or 658.5, or of subdivision (a) or (b) of Section
681, or of Section 191.5 or subdivision (a) of Section 192.5 of the
Penal Code, or of the federal rules of the road and pilot rules, not
including equipment requirements, incorporated by reference in
Section 6600.1 of Title 14 of the California Code of Regulations, or
found by a court to have performed any of the acts described in
Section 6697 of Title 14 of the California Code of Regulations,
pertaining to a mechanically propelled vessel but not to manipulating
any water skis, an aquaplane, or similar device, when the conviction
resulted from the operation of a vessel, shall be ordered by the
court to complete and pass a boating safety course approved by the
department pursuant to Section 668.3.
   (b) A person who has been ordered by the court to complete and
pass a boating safety course pursuant to this section shall submit to
the court proof of completion and passage of the course within seven
months of the time of his or her conviction. The proof shall be in a
form that has been approved by the department and that provides for
the ability to submit the form to the court through the United States
Postal Service. If the person who has been required to complete and
pass a boating safety course is under 18 years of age, the court may
require that the person obtain parental consent to enroll in the
course. If the person does not complete and pass the boating safety
course, the court may extend the period for completion or impose
another penalty as prescribed by statute.
   (c) The department shall adopt regulations to carry out this
section, including approval of boating safety education courses, as
specified in Section 668.3, prescribing the forms for proof of
completion and passage, approval of testing to indicate appropriate
mastery of the course subject matter, and setting forth any fees to
be charged to course participants, which fees shall not exceed the
expenses associated with providing the course.
  SEC. 36.  Section 738 of the Harbors and Navigation Code is amended
to read:
   738.  (a) Each violation of a section or subdivision of a section
of this article, excepting Section 709, is a misdemeanor punishable
by a fine not exceeding one thousand dollars ($1,000), provided that
a violation committed willfully and with knowledge of the provisions
of the violated section or subdivision is punishable by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in the
county jail not exceeding one year, or by both that fine and
imprisonment.
   (b) Each violation of Section 709 is a misdemeanor punishable by a
fine not exceeding one thousand dollars ($1,000), or by imprisonment
in the county jail not exceeding one year, or by both that fine and
imprisonment.
  SEC. 37.  Section 780 of the Harbors and Navigation Code is amended
to read:
   780.  (a) A person shall not disconnect, bypass, or operate a
marine sanitation device so as to discharge sewage into the waters of
this state, unless the particular discharge is expressly authorized
or permitted pursuant to state or federal law or regulations. A
violation of this subdivision is a misdemeanor.
   (b) The following prohibitions apply in no-discharge areas:
   (1) A person shall not disconnect, bypass, or operate a marine
sanitation device so as to potentially discharge sewage.
   (2) A person shall not occupy or operate a vessel in which a
marine sanitation device is installed unless the marine sanitation
device is properly secured.
   The first violation of this subdivision is an infraction
punishable by a fine of up to five hundred dollars ($500). A second
or subsequent violation of this subdivision by any one person is a
misdemeanor.
   (c) A person found guilty of a misdemeanor violation of
subdivision (a) or (b) shall be subject to a fine not to exceed one
thousand dollars ($1,000) or imprisonment in the county jail not to
exceed six months, or both that fine and imprisonment.
  SEC. 38.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.