BILL ANALYSIS Ó
SB 122
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Date of Hearing: July 1, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 122 (Lieu) - As Introduced: January 18, 2013
SENATE VOTE : 38-0
SUBJECT : Abandoned vessels: repeal of pilot program sunset date
SUMMARY : Eliminates the sunset date on the surrendered vessel
pilot program that allows boat owners to voluntarily surrender a
vessel to a public agency at no cost, if that vessel is in
danger of being abandoned. Specifically, this bill :
1)Deletes the sunset date on the surrendered vessel pilot
program that allows boat owners to voluntarily surrender a
vessel, thereby extending the program indefinitely.
2)Deletes alternative surrendered vessel program provisions
slated to replace the pilot program on January 1, 2014.
3)Deletes the requirement of the Department of Boating and
Waterways (DBW) to report on the number of surrendered vessels
accepted by a public agency.
EXISTING LAW :
1)Establishes a pilot program, scheduled to sunset on January 1,
2014, that:
a) Authorizes the sale of surrendered vessels prior to
their potential or eventual abandonment.
b) Establishes a new class of vessels called "surrendered
vessels" and authorizes the sale of them to local law
enforcement or harbor departments prior to them being
abandoned.
c) Requires DBW to track the number of surrendered vessels
accepted by a public agency for disposal under the
Abandoned Watercraft Abatement Fund (AWAF) grant program
over a two-year period from January 1, 2010, to January 1,
2013. Requires DBW to report the information, along with
any recommendations to revise or continue the pilot
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program, to the Assembly Transportation Committee and the
Senate Transportation and Housing Committee by July 1,
2013.
d) Increases the fine amount for vessel abandonments from
$500 to $1,000.
e) Allows the use by local entities of grant funds from the
existing AWAF to dispose of the surrendered vessels.
1)Establishes alternate vessel abandonment provisions that are
to become effective January 1, 2014.
2)Holds the registered owner of an abandoned vehicle responsible
for the costs of abating and disposing of the vehicle, and any
other past due fees and penalties.
3)Authorizes the sale of a hulk, derelict, wreck, or parts of a
ship, vessel, or other watercraft sunk, beached, or allowed to
remain in an unseaworthy or dilapidated condition upon
publicly owned submerged lands, salt marsh, or tidelands
within corporate limits of a municipal corporation or other
public corporation or entity having jurisdiction or control
over those lands, without its consent, for a period longer
than 30 days without a watchman or other person in charge of
the property.
4)Authorizes wrecked property that is an unseaworthy derelict or
hulk, or abandoned property removed from a navigable waterway,
to be sold or otherwise disposed of by the public agency that
removed or caused the removal of the property, subject to
certain conditions, including that the property has been
appraised by disinterested persons, and has an estimated value
of less than $2,000.
5)Requires DBW to establish an Abandoned Vessel Advisory
Committee to study ways to prevent the abandonment of boats.
FISCAL EFFECT : According to the Senate Appropriations
Committee, at least $250,000 annually in costs and cost
pressures to the AWAF for grants.
COMMENTS : Prior to 1998, abandoned vessels were removed
primarily by peace officers if the vessel was left unattended on
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a public waterway and if the vessel created a hazard to other
vessels, public safety, or other property, or was moored,
docked, beached, or made fast in such a way that it obstructed
the normal movement of traffic. In 1997, in response to the
high cost to local governments of removing vessels and abating
any associated hazards, such as oil leaks, the state enacted SB
172 (Rainey), Chapter 930, Statutes of 1997. SB 172 extended
the authorization for the removal and storage of vessels to
include incidences when the unattended vessel poses a threat to
adjacent wetlands, levees, sensitive habitat, any protected
wildlife species, or water quality. That bill also expedited
the sale and disposal of abandoned boats valued under $300,
increased penalties to owners abandoning boats from $50 to
$500-$1500, and created AWAF to grant local governments monies
needed for removal of abandoned vessels.
In 2009, AB 166 (Lieu), Chapter 416, Statutes of 2009, was
enacted that established the pilot program authorizing the sale
of surrendered vessels prior to their potential or eventual
abandonment, and authorizing local agencies to accept title of
vessels from willing owners for the purposes of disposal.
Purpose of the bill : Currently, DBW grants funds to local
agencies for storage and/or disposal of the abandoned vessels
posing navigational or environmental hazards. Local agencies
are required to provide a 10% match and show the DBW the average
annual cost of handling these abandoned vessels. According to
DBW, many local agencies use the grant monies to contract with
specialists who dredge up the sunken boats and remedy any
hazardous substance the boat has released into the water.
It is the author's contention that this bill could save
thousands of dollars by allowing the surrendering of a
dilapidated vessel. A vessel that is surrendered "costs much
less to dispose of compared to the cost of raising a sunken
vessel, expending the resources to determine if there is a
responsible owner, and then disposing of that vessel."
Abandoned Vessel Advisory Committee Report : Current law
requires the creation of an advisory committee to recommend how
to abate vessels abandoned along our state's waterways. The
advisory committee's report issued by DBW in January 2005
suggested, among its many other recommendations, that a pilot
vessel turn-in program be initiated in three selected counties
that would encourage boat owners to voluntarily turn in their
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old and dilapidated boat prior to abandonment. AB 166
implemented the recommendation of the advisory committee to
retrieve and dispose of boats before they are abandoned, but
only on a pilot, temporary basis.
DBW report : As required by AB 166, the DBW report regarding the
implementation of the pilot program is not yet due (July 1 due
date). However, according to DBW, since the inception of the
pilot program in 2010, $400,000 from the AWAF has been
appropriated for vessel removal. To date, these funds have
allowed public agencies to accept 165 surrendered vessels at an
average cost to the state of approximately $1,600 per vessel.
As a comparison over the same time period, it cost the state
over $4,000 per abandoned vessel for removal and disposal.
Public agencies are highly unlikely to accept a surrendered
vessel unless it receives a grant from DBW to pay for the
disposal of that vessel. Further, relative to need for pilot
program extension, the program according to DBW has been
substantially oversubscribed. Therefore, without the benefit of
the DBW report relative to the use of public agencies in
removing vessels, this bill would extend the DBW vessel
retrieval program indefinitely.
REGISTERED SUPPORT / OPPOSITION :
Support
California Assoc. of Harbor Masters and Port Captains
California Marine Parks and Harbors Association
California State Lands Commission
California State Sheriffs' Association (support if amended)
California Yacht Brokers Association
City of Santa Barbara
Marine Recreation Association
National Marine Manufacturers Association
Port San Luis Harbor District
Recreational Boaters of California
San Francisco Bay Conservation and Development Commission
Solano County Board of Supervisors
Student Policy Alliance
Western Boaters Safety Group
Opposition
None on file
SB 122
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Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093