BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 122 HEARING DATE: April 9, 2013
AUTHOR: Lieu URGENCY: No
VERSION: As introduced CONSULTANT: Leonardo Scherer
Alves
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Vessels: abandonment: abatement.
BACKGROUND AND EXISTING LAW
California has the second largest number of state boat
registrations just after Florida. Abandonment of vessels is a
major concern in California. Vessel abandonment causes
environmental harm due to toxic chemical leakage into the
waterways and it is a hazard to navigation.
Existing law makes it an infraction punishable by a maximum fine
of $3,000 and a minimum $1000 fine for a person who abandons a
vessel upon a public waterway or public or private property
without the express or implied consent of the owner or person in
lawful possession or control of the property. Existing law
authorizes a public agency to sell or otherwise dispose of
certain vessels that are unseaworthy, or abandoned property
removed from a navigable waterway.
The current voluntary turn-in program allows boat owners to
dispose of, at no cost, unwanted dilapidated vessels.
The program remains in effect until January 1, 2014.
PROPOSED LAW
This bill deletes the sunset date on the program in order to
continue the voluntary turn-in program, where the owner of a
vessel can voluntarily turn it into a local agency rather than
abandoning the boat.
ARGUMENTS IN SUPPORT
According to the Department of Boating and Waterways (which, in
July, will become a division at the Department of State Parks
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and Recreation), the program has saved the state at least 50% of
the cost of dismantling abandoned vessels.
Recent statistics show that the program saves the state money.
The cost of disposing of a surrendered vessel compared to an
abandoned vessel is less, requiring fewer resources.
The benefit of creating a vessel turn-in program is to avert the
environmental degradation that can occur when oil, fuel and
other chemicals, and raw sewage leak from a sunken or abandoned
vessel.
The program has been quite successful and is still gaining
popularity among local agencies; last year the requested funding
far exceeded the available budget.
Participating agencies have indicated that many of the vessels
received under the program would have likely been abandoned if
this program wasn't available.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
No "no" votes: This bill increases the minimum fine and removes
the sunset of AB 166 (Lieu 2009) a bill that received no "no"
votes in either house. It extends a successful program that has
already removed 162 dilapidated boats since July 2010.
SUPPORT
Los Angeles County Sheriff
Contra Costa Sheriff
Port San Luis Harbor District
Student Policy Alliance
City of Santa Barbara
Recreational Boaters of California
California State Sheriffs' Association - if amended
OPPOSITION
None received
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