BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 595|
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                              UNFINISHED BUSINESS


          Bill No:  SB 595
          Author:   Wolk (D)
          Amended:  6/29/11
          Vote:     21

           
           SENATE NATURAL RESOURCES & WATER COM.  :  9-0, 3/22/11
          AYES:  Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe, 
            Padilla, Simitian, Wolk

           SENATE JUDICIARY COMMITTEE  :  4-0, 4/26/11
          AYES:  Evans, Blakeslee, Corbett, Leno
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  39-0, 5/31/11
          AYES:  Alquist, Anderson, Blakeslee, Calderon, Cannella, 
            Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson, 
            Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff, 
            Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete 
            McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian, 
            Steinberg, Strickland, Vargas, Walters, Wolk, Wright, 
            Wyland, Yee
          NO VOTE RECORDED:  Berryhill

           ASSEMBLY FLOOR  :  74-0, 8/22/11 - See last page for vote


           SUBJECT  :    Tidelands and submerged lands: removal of 
          vessels

           SOURCE  :     California State Lands Commission
                                                           CONTINUED





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           DIGEST  :    This bill revises provisions regarding the 
          authorization of the State Lands Commission (Commission) to 
          remove unattended vessels that obstruct traffic or create a 
          hazard to other vessels or property by allowing the 
          Commission to take immediate action, without notice, to 
          remove vessels and expand the circumstances in which that 
          authority may be exercised.

           Assembly Amendments  establish the definition of 
          "unclaimed," in regards to the bill, and make technical 
          changes.

           ANALYSIS  :    

           Existing Law
           
          1. Permits the Commission to eject trespassers from any 
             tide and submerged land, beds of navigable channels, 
             streams, rivers, creeks, lakes, bays, and inlets under 
             its jurisdiction through a court action, and recover its 
             costs of ejectment through that legal action.

          2. Allows the Commission to remove, from areas under its 
             jurisdiction, any vessel, boat, raft, or watercraft 
             which either:  (a) is left unattended and is moored, 
             docked, beached, or made fast to land in a position as 
             to obstruct the normal movement of traffic, or to create 
             a hazard to other vessels, to public safety, or to the 
             property of another; or (b) seriously interferes with, 
             or otherwise poses a critical and immediate danger to 
             navigation or to the public health, safety, or welfare

          3. Allows the Commission, through appropriate court action, 
             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 
             commission's jurisdiction.

          4. Allows the commission to recover costs incurred in 
             removal actions undertaken through appropriate action in 
             the courts of this state.








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          This bill:

          1. Expands the above authority of the Commission, by 
             revising the above provisions to instead, allows the 
             Commission to take immediate action, without notice, to 
             remove from areas within its jurisdiction:

             A.    Vessels that are left unattended and are moored 
                to land in a position that obstructs the normal 
                movement of traffic, or in a condition as to 
                create a hazard to navigation, other vessels, or 
                property of another.

             B.    Vessels that pose a significant threat to the 
                public health, safety, or welfare or to sensitive 
                habitat, wildlife, or water quality, or that 
                constitute a public nuisance.

          2. Allows the Commission to remove, from areas under its 
             jurisdiction, a vessel that has been placed on state 
             lands without permission.  Prior to removal, the 
             commission shall:

             A.    Give 30-day notice to remove the vessel by 
                attaching it to the vessel in a clearly visible 
                place.

             B.    Use reasonable means to identify and locate the 
                owner and any lienholder.  If the owner is located, 
                the Commission shall mail notice to the owner to 
                remove the property by a date certain at least 15 
                days from the date of the notice.

          3. Provides that if a vessel remains unclaimed, as 
             specified, after the expiration of the 30-day notice 
             period and the 15 days' owners notice, if applicable, it 
             is abandoned property and the Commission may direct 
             disposition of the property, as specified.  The 
             Commission may either remove the vessel or allow it to 
             remain in place until the commission takes action to 
             dispose of the property.

          4. States that "unclaimed" means that an owner or a 
             lienholder of the vessel has not contacted the 







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             Commission in response to a notice made pursuant to this 
             section if notice is required, and has not made adequate 
             arrangements to take or remove the vessel to an 
             authorized location.

          5. Requires the Commission to return a vessel removed under 
             the above provisions to the owner, upon request of the 
             owner and payment of cots and storage.

          6. Authorizes the Commission, at its discretion, to remove 
             and dispose of an abandoned or derelict vessel on a 
             navigable waterway in the state that is not under their 
             jurisdiction pursuant to the above provisions, if 
             requested to do so by another public entity with 
             regulatory authority over the area where the vessel is 
             located.

          7. Allows the Commission to recover all costs incurred in 
             removal actions, including administrative costs and the 
             costs of compliance with the California Environmental 
             Quality Act, through an appropriate action in the courts 
             of this state or by use of any available administrative 
             remedy.

          8. Authorizes the Commission, at a properly noticed 
             Commission hearing, to take title to an abandoned vessel 
             subject to disposal (pursuant to the above provisions) 
             for the sole purpose of abatement, without satisfying 
             any lien on the property, and may cause the property to 
             be sold, destroyed, or otherwise disposed of in any 
             manner it determines expedient or convenient.  Those 
             abandoned vessels shall not be considered surplus state 
             property, and title transferred to the Commission by 
             sale to third parties shall be clear of any lien or 
             encumbrance.

          9. Requires notice of the Commission's meeting to be given 
             to a known owner and known lienholder, and gives those 
             individuals, and any interested party, the right to 
             appear and be heard prior to disposition of the 
             property.

          10.Specifies that the hearing on the disposition of 
             property shall be an informal hearing unless designated 







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             as a formal hearing by the Commission.

          11.Requires any action with regard to the disposition of 
             property as directed by the commission, with the 
             exception of returning the property to the owner, to be 
             delayed for 30 days after the date of the Commission's 
             determination, to allow the owner to pursue any other 
             cause of action in law or equity.

          12.Provides that the Commission's cost of disposing of 
             abandoned property, including staff time and legal and 
             attorney's fees, may be recovered by appropriate action 
             in any court or by use of any available administrative 
             remedy.  If the property is sold, the Commission may 
             recover its costs from any proceeds of the sale and any 
             additional funds shall be deposited into the General 
             Fund.

          13.Provides that, at the request of the Commission, an 
             employee or agent of the commission, a peace officer, or 
             a city, county, or other political subdivision of this 
             state shall have authority to board a vessel for the 
             purposes of carrying out the provisions of this bill.

          14.Exempts an action of the Commission with regard to any 
             property acquired or disposed of pursuant to this bill 
             from the State Contract Act.

          15.Clarifies that to the extent its provisions are in 
             conflict with the Harbors and Navigation Code, the 
             provisions of this bill shall govern.

           Background
           
          The Commission estimates that there are thousands of 
          abandoned vessels across the state, which can cause 
          environmental and navigation impacts.  Oil, gasoline, 
          sewage, and toxic metals can leak from abandoned vessels 
          and their equipment such as motors and batteries.  
          Abandoned vessels can also be navigational hazards.  
          According to the Commission, the down economy has increased 
          the number of abandoned vessels as owners find themselves 
          unable to afford the cost of storage and upkeep and instead 
          elect to illegally leave their vessels on public land.  The 







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          Commission currently has authority to remove abandoned 
          vessels; however it must do so by taking action in court.  
          Vessel removal can have costs in the tens of thousands of 
          dollars, partially because of the legal costs.  Being that 
          the Commission has no dedicated funding stream for vessel 
          removal; the cost of vessel remove has largely prevented 
          the Commission from widely addressing abandoned vessels.  
          This bill establishes an administrative process for vessel 
          removal that would both reduce removal costs and the time 
          that it takes to remove abandoned vessels. 

          The Commission estimates that under the process established 
          in this bill, it will take approximately 90 to 120 days 
          from the time that an abandoned vessel is reported to when 
          the vessel is disposed, compared to a court process which 
          takes approximately two years.  The administrative process 
          would additionally save $50,000 to $100,000 per incident in 
          costs.

          This bill is very similar to SB 459 (Wolk), of 2009, was 
          eventually passed by both houses of the Legislature, it was 
          ultimately vetoed by Governor Schwarzenegger.  In his veto 
          message, the Governor stated:

             I recognize that, to the extent that unattended and 
             abandoned property can be removed from public lands 
             and waterways more quickly, state and local agencies 
             could experience potentially significant savings in 
             court costs and environmental cleanup costs.  
             However, there are also potentially significant costs 
             that the state would incur under this bill since it 
             would enhance the Commission's ability to remove and 
             dispose of abandoned vessels.  These implementation 
             costs cannot be overlooked, especially given the 
             state's current fiscal condition and the fact that no 
             source of funding is identified in this bill.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/15/11)

          California State Lands Commission (source)
          Contra Costa County Board of Supervisors







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          San Luis Obispo County Board of Supervisors
          Santa Clara Valley Water District


           ARGUMENTS IN SUPPORT  :    The author's office states, "There 
          are a number of boat owners storing their vessels on state 
          lands without permission.  There are also boat owners 
          dumping or abandoning their old or unseaworthy vessels on 
          state lands without permission?The Commission's current 
          recourse against these boat owners is limited to court 
          action.  This is usually a long and costly process that 
          requires approximately two years and involves the Attorney 
          General's office.  ÝThe administrative process established 
          in SB 595] would streamline the current lengthy and 
          expensive judicial process while allowing for a fair and 
          practical approach to the handling the problem of abandoned 
          vessels, trespassing vessels, and trespassing ground 
          tackle."


           ASSEMBLY FLOOR  :  74-0, 8/22/11
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth 
            Gaines, Galgiani, Gatto, Gordon, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, 
            Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, 
            Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, 
            Mitchell, Monning, Morrell, Nestande, Olsen, Pan, Perea, 
            V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NO VOTE RECORDED: Furutani, Garrick, Gorell, Nielsen, 
            Norby, Silva


          CTW:do  8/23/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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