Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1323

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 amended, 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 begin insert has end insert 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. begin delete Existing law makes abandoning a vessel on a public waterway an infraction. end delete

This bill would begin delete apply those and related provisions, except for the newspaper notice requirement, to end delete begin insert authorize a public entity to remove and dispose of after 10 days end insert 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 begin delete water. end delete begin insert water, if that marine debris is floating, sunk, partially sunk, or beached in or on a public waterway, public beach, or on state tidelands or submerged lands, and if the marine debris has no or little value, as provided, and the public entity provides notice, as specified. end insert 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 begin delete immediately end delete and begin delete sold, destroyed, or otherwise end delete disposed of begin delete after end delete begin insert immediately, unless the marine debris is whole and the owner of the marine debris is identifiable, in which case the bill would require it to be maintained or stored for end insert 10 days. begin insert The bill would authorize a public entity to recover costs incurred for removal and disposal of marine debris from the owner or other specified persons. end insert 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. begin delete 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. end delete

begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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)  begin insert (1) end insert begin insert   end insert Notwithstanding any other law, marine debris that is
floating, sunk, partially begin delete sunk end delete begin insert sunk, end insert or beached begin delete upon end delete begin insert in or on end insert a
public waterway, public beach, or on state tidelands or submerged
lands may be removed and begin delete sold, end delete destroyed, or otherwise disposed
begin delete of end delete begin insert of, end insert by any state, county, begin delete city end delete begin insert city, end insert or other public entity having
jurisdiction over its location or having authority to remove marine
debris or solid waste, subject to the following conditions:

begin delete

(1) The marine debris has been appraised by disinterested
persons and has an estimated value of less than two thousand
dollars ($2,000).

end delete begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(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.

end delete begin insert

(A) The object meets the definition of marine debris in
subdivision (a) and has no value or a value that does not exceed
the cost of removal and disposal.

end insert begin insert

(B) If there is no discernible registration, hull identification
number, or other identification insignia, a peace officer or
authorized public employee securely attaches to the marine debris
a notice stating that the marine debris shall be removed by the
public agency if not claimed or removed within 10 days.

end insert begin insert

(C) If there is discernible registration, hull identification
number, or other identification insignia, a notice is attached to
the marine debris as described in subparagraph (b), and sent to
the owner of the marine debris, if known, at the owner’s address
of record with the Department of Motor Vehicles, by certified or
first class mail.

end insert begin insert

(D) The marine debris remains in place for 10 days from the
date of attaching the notice to the marine debris or from the date
the notice letter was sent, whichever is later, before being removed.

end insert begin insert

(2) (A) The notice attached to the marine debris shall state the
name, address, and telephone number of the public entity providing
the notice.

end insert begin insert

(B) A notice sent to the owner shall contain the information
specified in subparagraph (A), and further state that the marine
debris will be removed and disposed of within 10 days if not
claimed, and that the marine debris may be claimed and recovered
upon the payment of the public entity’s costs.

end insert

(c) Notwithstanding subdivision (b), marine debris that
constitutes a public nuisance or a danger to navigation, health,
safety, or the environment may be removed begin delete immediately and sold,
destroyed, or otherwise disposed of after 10 days. end delete begin insert and disposed of
immediately, unless the marine debris is whole or not demolished
during removal, in which case it shall be maintained or stored for
10 days to permit notification of the owner. If the owner of the
marine debris is not identifiable, the marine debris may be
immediately destroyed or otherwise disposed of. end insert

begin delete

(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)

end delete

begin insert (d) end insert  Costs incurred by a begin delete state or local end delete begin insert public end insert entity for removal
and disposal of marine debris may be recovered from begin delete a registered
or legal end delete begin insert an end insert owner or any person or entity who placed begin insert or caused end insert
the marine debris begin insert to be end insert in begin insert or on end insert the public begin delete waterway end delete begin insert waterway,
public beach, end insert or begin delete on end delete state tidelands or submerged lands through
any appropriate legal action in the courts of this state or by
administrative action.

begin delete

(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)

end delete

begin insert (e) end insert  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.

begin delete

(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.

end delete

begin delete

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.

end delete