Amended in Assembly May 5, 2015

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 begin delete 6302.5 end delete begin insert 524.5 end insert to the begin delete Public Resources end delete begin insert Harbors and Navigation end insert 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 has 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.

This bill would authorize a public entity to remove and dispose of after 10 days 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, 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. 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 and disposed of 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 10 days. 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. The bill would begin delete 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 end delete begin insert require the State Lands Commission, on or before January 1, 2017, to adopt end insert best management practices and requirements for begin delete salvage adopted by the State Lands Commission, end delete begin insert salvage of marine debris, end insert as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 6302.5 is added to the Public Resources
Code, to read:

6302.5.  

(a) For purposes of this section, “vessel”

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 524.5 is added to the end insert begin insert Harbors and
Navigation Code end insert begin insert , to read: end insert

begin insert

begin insert 524.5. end insert   

end insert begin insert

(a) For purposes of this section, the following terms
have the following meanings:

end insert

begin insert (1) end insert begin insert   end insert begin insert A “vessel” end insert includes every description of watercraft or other
artificial contrivance used, or capable of being used, as a means
of transportation by water. begin delete A end delete

begin insert (2) end insert begin insert   end insert begin insert “Marine debris” is a end insert 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 begin delete water is “marine debris.” end delete begin insert water. end insert

(b) (1) Notwithstanding any other law, marine debris that is
floating, sunk, partially sunk, or beached in or on a public
waterway, public beach, or on state tidelands or submerged lands
may be removed and 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:

(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.

(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.

(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 begin delete (b), end delete begin insert (B), end insert 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.

(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.

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

(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.

(c) Notwithstanding subdivision (b), marine debris that
constitutes a public nuisance or a danger to navigation, health,
safety, or the environment may be removed 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.

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

(e)  begin delete 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 end delete begin insert On or
before January 1, 2017, the State Lands Commission shall adopt,
at a public meeting and after consultation with interested state
and local agencies, end insert best management practices and requirements
for salvage begin delete adopted by the commission at a public meeting after
consultation with interested state and local agencies. end delete begin insert of marine
debris. end insert These best management practice standards shall be
published by the commission on its Internet Web site. The
begin delete commission end delete begin insert State Lands Commission end insert may amend the best
management practice standards from time to time by the same
process, as the begin delete commission end delete begin insert State Lands Commission end insert deems
necessary.