BILL ANALYSIS Ó
SB 595
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Date of Hearing: July 13, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 595 (Wolk) - As Amended: June 29, 2011
Policy Committee: Natural
ResourcesVote:8-0
Judiciary 9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes the State Lands Commission (SLC) to remove
and dispose of abandoned vessels without first having received
court authorization. Specifically, this bill:
1)Authorizes SLC to take immediate action, without notice, to
remove from areas under its jurisdiction an unattended vessel
that obstructs normal movement, creates a hazard to navigation
or that generally poses a threat to public safety, habitat and
wildlife and water quality.
2)Requires SLC to notify the owner and lienholder, if known, of
a removed vessel that the vessel has been removed and will be
declared abandoned property if not claimed within 30 days
following the notice.
3)Authorizes SLC to remove vessels left without permission in
areas under SLC's jurisdiction if SLC attaches the vessel with
30-days notice of the intent to remove the vessel and uses
reasonable means to locate and notify the vessel owner of
intent to remove.
4)Requires SLC to return a removed vessel to its owner, upon the
owner's request and after the owner pays the costs of removal
and storage.
5)Allows SLC to remove and dispose of an abandoned or derelict
vessel in navigable waterway not under SLC jurisdiction if
requested to do so by a public entity with regulatory
authority over the waterway.
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6)Authorizes SLC to take title to and dispose of abandoned
vessels if certain requirements are met, including public
notice and hearing.
7)Authorizes SLC to recover all costs of removal actions,
including costs of compliance with the California
Environmental Quality Act, and of disposal.
8)Authorizes an employee or agent of SLC or a peace officer or
another public employee to board a vessel, at the request of
SLC, for purposes of carrying out SLC's removal and disposal
authority.
FISCAL EFFECT
1)The costs of this bill depend upon the number of vessels SLC
removes and disposes of each year, as well as logistical,
legal and other factors associated with each vessel. SLC
estimates that, generally, it could remove and dispose of
about two vessels a year using existing resources and at a
cost of less than $100,000. (General Fund)
2)Annual revenue recovered from owners of abandoned vessels
subject to removal or disposal would likely be less than
$100,000 a year. (SLC anticipates difficulty recovering its
costs for abandoned vessel removal and disposal. This is
because the owners of such vessels generally have little
financial wherewithal, a condition that often leads to the
vessel's abandonment.)
COMMENTS
1)Rationale . The author acknowledges that SLC currently has the
authority to remove or destroy any vessel, boat, watercraft,
raft, or other similar obstruction which hinders navigation or
otherwise creates a public nuisance in areas under the SLC's
jurisdiction. The author contends, however, that the
requirement that SLC first receive authorization from a court
frequently hinders SLC from taking action against an
abandoned-vessel owner. This is because the SLC relies on
legal representation by the Attorney General's (AG), who, the
author contends, oftentimes is occupied with other, more
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pressing priorities. The author intends this bill to
streamline SLC's response to vessel and equipment abandonment
by allowing SLC to decide the final disposition of abandoned
vessels, trespassing vessels, and trespassing ground tackle
through its own administrative process.
2)Background . SLC manages lands the state has received from the
federal government. These lands total more than four million
acres and include tide and submerged lands, swamp and overflow
lands, the beds of navigable waterways, and state school
lands. According to SLC (as cited in the policy committee
analysis), lands underlying the state's navigable and tidal
waterways (known as "Sovereign Land") include:
a) The beds of more than 120 rivers, streams and sloughs.
b) Nearly 40 non-tidal navigable lakes, such as Lake Tahoe
and Clear Lake.
c) Tidal navigable bays and lagoons.
d) The tide and submerged lands adjacent to the entire
coast and offshore islands of the state from the mean high
tide line to three nautical miles offshore.
Existing law authorizes SLC, generally following court
authorization, to remove from areas under its jurisdiction any
unattended vessel, boat, raft, or watercraft that obstructs
traffic; creates a hazard to other vessels, to public safety,
or to property; or seriously interferes with, or otherwise
poses a critical and immediate danger to navigation or to the
public health, safety, or welfare. SLC may recover associated
costs through the courts.
3)Related Legislation.
a) AB 166 (Lieu, Chapter 415, Statutes 2009) strengthens
and expands provisions governing local agencies' efforts to
address the environmental and public safety impacts of
abandoned vessels.
b) SB 459 (Wolk, 2009) was similar to this bill, passed the
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Assembly 74-0, but was vetoed due to cost concern.
c) AB 1950 (Lieu, 2008) would have established a pilot
program to authorize the sale of surrendered vessels prior
to their potential or eventual abandonment. The bill was
vetoed as a non-priority bill.
4)Supporters of this bill include the State Lands Commission and
several local governments.
5)There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081