BILL NUMBER: AB 1323	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 27, 2015

   An act to add Section  6302.5   524.5 
to the  Public Resources   Harbors and
Navigation  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  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   require the State Lands Commission, on or before
January 1, 2017, to adopt  best management practices and
requirements for  salvage adopted by the State Lands
Commission,   salvage of marine debris,  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:
   
  SECTION 1.    Section 6302.5 is added to the
Public Resources Code, to read:
   6302.5.  (a) For purposes of this section, "vessel" 
   SECTION 1.    Section 524.5 is added to the 
 Harbors and Navigation Code   , to read: 
    524.5.    (a) For purposes of this section, the
following terms have the following meanings: 
    (1)     A "vessel"  includes every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation by water.
 A 
    (2)     "Marine debris" is 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."
  water. 
   (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  (b), 
 (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.
   (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  the marine debris in or on  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)  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
  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,  best
management practices and requirements for salvage  adopted by
the commission at a public meeting after consultation with
interested state and local agencies.   of marine debris.
 These best management practice standards shall be published by
the commission on its Internet Web site. The  commission
  State Lands Commission  may amend the best
management practice standards from time to time by the same process,
as the  commission   State Lands Commission
 deems necessary.