BILL NUMBER: AB 1323	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 27, 2015

   An act to add Section 6302.5 to the Public Resources Code,
relating to marine debris.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1323, as introduced, Frazier. Marine debris: removal and
disposal.
   Existing law authorizes a public agency that removes or causes the
removal of wrecked property that is an unseaworthy derelict or hulk,
specified abandoned property, or other specified property from a
navigable waterway to sell or otherwise dispose of the property if,
among other things, within 48 hours after the removal, the public
agency has sent notice of the removal to the registered and legal
owners and persons known to have an interest in the property and
provided the opportunity for a poststorage hearing. Existing law
requires the public agency, if it is unable to locate those persons,
to publish, or cause to be published, the notice of removal for at
least 2 weeks in succession in one or more daily newspapers
circulated in the county. Within 15 days of the date of notice of
removal, the property may be claimed and recovered by its registered
and legal owners, or by any other person known to have an interest in
the property. Existing law makes abandoning a vessel on a public
waterway an infraction.
   This bill would apply those and related provisions, except for the
newspaper notice requirement, to marine debris, defined as a vessel,
as defined, or part of a vessel that is unseaworthy and not
reasonably fit or capable of being made fit to be used as a means of
transportation by water. The bill would exempt from this provision
marine debris that constitutes a public nuisance or a danger to
navigation, health, safety, or the environment, and would authorize
such marine debris to be removed immediately and sold, destroyed, or
otherwise disposed of after 10 days. The bill would prohibit a state
or local agency from requiring a permit for removal activities by any
state or local government entity if the removal activities conform
to the best management practices and requirements for salvage adopted
by the State Lands Commission, as specified. The bill would make
depositing marine debris in a public waterway, or on state tidelands
or submerged lands an infraction, thereby imposing a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6302.5 is added to the Public Resources Code,
to read:
   6302.5.  (a) For purposes of this section, "vessel" includes every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation by water. A
vessel or part of a vessel, including a derelict, wreck, hulk or part
of any ship or other watercraft or dilapidated vessel, that is
unseaworthy and not reasonably fit or capable of being made fit to be
used as a means of transportation by water is "marine debris."
   (b) Notwithstanding any other law, marine debris that is floating,
sunk, partially sunk or beached upon a public waterway, public
beach, or on state tidelands or submerged lands may be removed and
sold, destroyed, or otherwise disposed of by any state, county, city
or other public entity having jurisdiction over its location or
having authority to remove marine debris or solid waste, subject to
the following conditions:
   (1) The marine debris has been appraised by disinterested persons
and has an estimated value of less than two thousand dollars
($2,000).
   (2) There is no discernable registration, license, hull
identification number, or other identifying insignia on the marine
debris, or the Department of Motor Vehicles is unable to produce any
record of the registered or legal owners or lienholders.
   (3) Not less than 72 hours before the marine debris was removed, a
peace officer or authorized public employee securely attached to the
marine debris a distinctive notice stating that the marine debris
would be removed by the public agency.
   (4) Within 48 hours after the removal, excluding weekends and
holidays, the public agency that removed or caused the removal of the
marine debris sent notice of the removal to the registered and legal
owners, if known or discovered subsequent to the removal, at their
addresses of record with the Department of Motor Vehicles, and to any
other person known to have an interest in the marine debris. A
notice sent by the public agency shall be sent by certified or
first-class mail.
   (c) Notwithstanding subdivision (b), marine debris that
constitutes a public nuisance or a danger to navigation, health,
safety, or the environment may be removed immediately and sold,
destroyed, or otherwise disposed of after 10 days.
   (d) The notice of removal required by paragraphs (3) and (4) of
subdivision (b) shall state all of the following:
   (1) The name, address, and telephone number of the public agency
providing the notice.
   (2) A description of the marine debris removed.
   (3) The location from which the marine debris is to be or was
removed.
   (4) The location of the intended or actual place of storage.
   (5) The authority and purpose for removal of the marine debris.
   (6) A statement that the marine debris may be claimed and
recovered within 15 days of the date the notice of removal was issued
pursuant to paragraph (4) of subdivision (b) after payment of any
costs incurred by the public agency related to salvage and storage of
the marine debris, and that following the expiration of the 15-day
period, the marine debris will be sold or otherwise disposed of by
the public agency.
   (7) A statement that a registered or legal owner or any other
person known to have an interest in the marine debris has the
opportunity for a poststorage hearing before the public agency that
removed, or caused the removal of, the marine debris to determine the
validity of the removal and storage if a request for a hearing is
made in person or in writing to that public agency within 10 days
from the date of notice; that if a registered or legal owner or any
other person known to have an interest in the marine debris disagrees
with the decision of the public agency, the decision may be reviewed
pursuant to Section 11523 of the Government Code; and that during
the time of the initial hearing, or during the time the decision is
being reviewed pursuant to Section 11523 of the Government Code, the
marine debris in question shall not be sold or otherwise disposed of.

   (e) (1) Any requested hearing shall be conducted within 48 hours
of the time the request for a hearing is received by the public
agency, excluding weekends and holidays. The public agency that
removed the marine debris may authorize its own officers or employees
to conduct the hearing, but the hearing officer shall not be the
same person who directed the removal and storage of the marine
debris.
   (2) The failure of either a registered or legal owner or any other
person known to have an interest in the marine debris to request or
attend a scheduled hearing shall not affect the validity of the
hearing.
   (f) The marine debris may be claimed and recovered by its
registered or legal owner or by any other person known to have an
interest in the marine debris within 15 days of the date the notice
of removal was issued pursuant to paragraph (4) of subdivision (b)
after payment of any costs incurred by the public agency related to
salvage and storage of the marine debris.
   (g) The marine debris may be sold or otherwise disposed of by the
public agency not less than 15 days from the date the notice of
removal was issued pursuant to paragraph (4) of subdivision (b) or
the date of actual removal, whichever is later.
   (h) (1) Costs incurred by a state or local entity for removal and
disposal of marine debris may be recovered from a registered or legal
owner or any person or entity who placed the marine debris in the
public waterway or on state tidelands or submerged lands through any
appropriate legal action in the courts of this state or by
administrative action.
   (2) The proceeds from the sale of the marine debris, after
deducting expenses for salvage, storage, sales costs, and any
property tax liens, shall be deposited in the Abandoned Watercraft
Abatement Fund for grants to local agencies, as specified in
paragraph (1) of subdivision (d) of Section 525 of the Harbors and
Navigation Code.
   (i) A state or local agency shall not require a permit for removal
activities conducted under this section by any state or local
government entity if the removal activities conform to the best
management practices and requirements for salvage adopted by the
commission at a public meeting after consultation with interested
state and local agencies. These best management practice standards
shall be published by the commission on its Internet Web site. The
commission may amend the best management practice standards from time
to time by the same process, as the commission deems necessary.
   (j) Except for the urgent and immediate concern for the safety of
those aboard, a person who knowingly and willfully deposits or sinks
marine debris in a public waterway, or on state tidelands or
submerged lands, is guilty of an infraction.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.