BILL NUMBER: AB 737 CHAPTERED
BILL TEXT
CHAPTER 136
FILED WITH SECRETARY OF STATE JULY 17, 2012
APPROVED BY GOVERNOR JULY 17, 2012
PASSED THE SENATE JULY 5, 2012
PASSED THE ASSEMBLY JULY 5, 2012
AMENDED IN SENATE JUNE 28, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Members Buchanan and Achadjian
FEBRUARY 17, 2011
An act to repeal and add Chapter 3 (commencing with Section 80) of
Division 1 of the Harbors and Navigation Code, and to amend Section
531 of the Public Resources Code, relating to boating and waterways.
LEGISLATIVE COUNSEL'S DIGEST
AB 737, Buchanan. Boating and Waterways: Harbors and Watercraft
Commission.
(1) Existing law establishes the Department of Boating and
Waterways in the Natural Resources Agency and charges the department
with duties related to beach erosion, harbors, and recreational boat
trails. Existing law establishes the Boating and Waterways Commission
to provide advice to that department.
The Governor's Reorganization Plan No. 2 of 2012 (GRP 2) proposes
to reorganize state departments and agencies to, among other things,
transfer the Department of Boating and Waterways into the Department
of Parks and Recreation as a division of that department and
eliminate the Boating and Waterways Commission.
This bill would instead place the commission in the Department of
Parks and Recreation within the Division of Boating and Waterways,
and would prescribe the membership, functions, and duties of the
commission.
(2) Existing law establishes the State Park and Recreation
Commission in the Department of Parks and Recreation comprised of 9
members appointed by the Governor, subject to confirmation by the
Senate, and requires that the members of the commission be selected
from areas distributed throughout the state and because of their
interest in park, recreation, and conservation matters, as
prescribed.
This bill would also require that the members of the commission be
selected because of their interest in boating and waterways.
(3) GRP 2 is proposed to become operative on July 1, 2013, if not
disapproved by the Legislature in accordance with specified
procedures.
This bill would become operative on July 1, 2013, but would only
become operative if GRP 2 becomes effective.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3 (commencing with Section 80) of Division 1 of
the Harbors and Navigation Code is repealed.
SEC. 2. Chapter 3 (commencing with Section 80) is added to
Division 1 of the Harbors and Navigation Code, to read:
CHAPTER 3. BOATING AND WATERWAYS ADVISORY BOARD
80. (a) The Harbors and Watercraft Commission and its successor,
the Navigation and Ocean Development Commission, are continued in
existence in the Department of Parks and Recreation and within the
Division of Boating and Waterways as the Boating and Waterways
Commission, but with only the powers and duties imposed upon it by
this chapter.
(b) The Legislature finds all of the following:
(1) Recreational boating and recreational watercraft use continue
to be popular activities enjoyed by Californians and others visiting
the state.
(2) Harbors, docks, waterways, piers, and other similar water
bodies or infrastructure governed by this chapter should remain open
to all members of the public equally.
(3) Absent deliberate and thoughtful planning and regulation,
those activities have the potential to be dangerous or deadly,
difficult, and expensive for the general public to access and enjoy,
and environmentally unsound.
(c) The Legislature hereby declares that effectively managed
waterways and adequate facilities for the use of boating and
watercraft vessels are essential for safe, accessible, and
ecologically balanced boating and waterway recreation throughout the
state.
(d) It is therefore the intent of the Legislature that:
(1) Existing boating and watercraft recreational areas,
facilities, and opportunities should be expanded and managed in a
manner consistent with this chapter, in particular, to maintain safe,
publicly accessible, and sustained long-term use.
(2) New recreational boating and watercraft facilities, including
harbors, docks, and piers, should be provided and managed pursuant to
this chapter in a manner that will sustain long-term use by the
public.
(3) Waterways, harbors, ports, piers, and other boating or
watercraft infrastructure should be maintained to ensure sustainable
long-term public utility.
(4) Boating and watercraft recreation should be managed in
accordance with this chapter through financial assistance to local
governments and joint undertakings with agencies of the United States
and with federally recognized Native American tribes.
80.2. The commission shall be composed of seven members appointed
by the Governor, with the advice and consent of the Senate. The
members shall have experience and background consistent with the
functions of the commission. In making appointments to the
commission, the Governor shall give primary consideration to
geographical location of the residence of members as related to
boating activities and harbors. In addition to geographical
considerations, the members of the commission shall be appointed with
regard to their special interests in recreational boating. At least
one of the members shall be a member of a recognized statewide
organization representing recreational boaters. One member of the
commission shall be a private small craft harbor owner and operator.
One member of the commission shall be an officer or employee of a law
enforcement agency responsible for enforcing boating laws.
The Governor shall appoint the first seven members of the
commission for the following terms to expire on January 15: one
member for one year, two members for two years, two members for three
years, and two members for four years. Thereafter, appointments
shall be for a four-year term. Vacancies occurring prior to the
expiration of the term shall be filled by appointment for the
unexpired term.
80.6. Members of the commission may receive a salary for their
services in an amount of one hundred dollars ($100) for each day, up
to a maximum of 14 days per year. A member of the commission may also
be reimbursed for the actual and necessary expenses which are
incurred in the performance of the member's duties.
80.8. The members of the commission may be removed from office by
the Governor for inefficiency, neglect of duty, misuse of office, or
misfeasance in office, in the manner provided by law for the removal
of other public officers for like causes.
81. The commission shall, immediately after the effective date of
this section, organize and elect from its members a chairman and a
vice chairman who shall serve for one year or until their successors
are elected and qualified. Annually thereafter, the commission shall
elect a chairman and a vice chairman.
81.2. The commission shall adopt a seal.
81.4. No action shall be taken by the commission by less than a
majority of its members.
81.6. The Department of General Services shall furnish suitable
offices and equipment for the use of the commission.
81.8. The director shall act as the secretary of the commission.
82. The division, consistent with Section 82.3, and in
furtherance of the public interest and in accordance therewith, shall
have only the following duties with respect to the commission:
(a) To submit any proposed changes in regulations pertaining to
boating functions and responsibilities of the division to the
commission for its advice and comment prior to enactment of changes.
(b) To submit proposals for transfers pursuant to Section 70,
loans pursuant to Section 71.4 or 76.3, and grants pursuant to
Section 72.5 to the commission for its advice and comment.
(c) To submit any proposed project it is considering approving to
the commission if that project could have a potentially significant
impact on either public health or safety, public access, or the
environment for the commission's advice and comment prior to approval
by the division.
(d) To annually submit a report on its budget and expenditures to
the commission for its advice and comment.
(e) To cause studies and surveys to be made of the need for small
craft harbors and connecting waterways throughout the state and the
most suitable sites therefore, and submit those studies and surveys
to the commission for advice and comment.
82.3. The commission shall have the following particular duties
and responsibilities:
(a) To be fully informed regarding all governmental activities
affecting programs administered by the division.
(b) To meet at least four times per year at various locations
throughout the state to receive comments on the implementation of the
programs administered by the division and establish an annual
calendar of proposed meetings at the beginning of each calendar year.
The meetings shall include a public meeting, before the beginning of
each grant program cycle, to collect public input concerning the
program, recommendations for program improvements, and specific
project needs for the system.
(c) To hold a public hearing to receive public comment regarding
any proposed project subject to subdivision (c) of Section 82 at a
location in close geographic proximity to the proposed project,
unless a hearing consistent with federal law or regulation has
already been held regarding the project.
(d) To consider, upon the request of any owner or tenant whose
property is in the vicinity of any proposed project subject to
subdivision (c) of Section 82, any alleged adverse impacts occurring
on that person's property from activities undertaken pursuant to this
code, and recommend to the division suitable measures for the
prevention of any adverse impacts determined by the commission to be
occurring, and suitable measures for the restoration of adversely
impacted property.
(e) To review and comment annually to the division on the proposed
budget of expenditures from the revolving fund.
(f) To review all plans for new and expanded local and regional
waterways, piers, harbors, docks, or other recreational areas that
have applied for grant or loan funds from the division prior to
approval by the division.
(g) (1) With support and assistance from the division, to prepare
and submit a program report to the Governor, the Assembly Committee
on Water, Parks and Wildlife, the Senate Committee on Natural
Resources and Water, the Senate Committee on Appropriations, and the
Assembly Committee on Appropriations on or before January 1, 2013,
and every three years thereafter. The report shall be adopted by the
commission after discussing the contents during two or more public
meetings. The report shall address the status of any regulations
adopted or being considered by the division, any loan or grant that
has been or is being considered for approval by the division pending
the previous report, and a summary of resource monitoring data
compiled and restoration work completed.
(2) A report required to be submitted pursuant to paragraph (1)
shall be submitted in compliance with Section 9795 of the Government
Code.
82.4. All meetings of the commission shall be open and public and
all persons shall be permitted to attend any meetings of the
commission.
82.6. All records of the commission shall be open to inspection
by the public during regular office hours.
SEC. 3. Section 531 of the Public Resources Code is amended to
read:
531. The members of the commission shall be selected from areas
distributed throughout the state and because of their interest in
park, recreation, conservation, and boating and waterways matters
and, except for initial members of the commission, shall serve for
terms of four years or until their successors are appointed and
qualified.
SEC. 4. The repeal and addition of Chapter 3 (commencing with
Section 80) of Division 1 of the Harbors and Navigation Code as set
forth in Sections 1 and 2 of this act shall prevail over the
provisions set forth in Section 278 of the Governor's Reorganization
Plan No. 2 of 2012.
SEC. 5. (a) Sections 1, 2, and 3 of this act shall become
operative only if the Governor's Reorganization Plan No. 2 of 2012
becomes effective.
(b) Except as otherwise provided in subdivision (a), Sections 1,
2, and 3 of this act shall become operative on July 1, 2013.