Amended in Senate June 10, 2015

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 begin delete Section 524.5 to end delete begin insert Article 3 (commencing with Section 550) to Chapter 3 of Division 3 of end insert the 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 begin delete entity end delete begin insert agency end insert 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 begin delete entity end delete begin insert agency end insert 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 begin delete entity end delete begin insert agency end insert to recover costs incurred for removal and disposal of marine debris from the owner or other specified persons. The bill would require the State Lands Commission, on or before January 1, 2017, to adopt best management practices begin delete and requirements end delete for 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:

begin delete

SECTION 1.  

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

524.5.  

(a) 

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 3 (commencing with Section 550) is added
to Chapter 3 of Division 3 of the end insert begin insert Harbors and Navigation Code end insert begin insert ,
to read: end insert

 

begin insert

Article begin insert begin insert 3. end insert end insert   Marine Debris

end insert

 

begin insert

begin insert 550. end insert   

end insert

For purposes of this begin delete section, end delete begin insert article, end insert the following terms
have the following meanings:

begin delete

(1)

end delete

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

begin delete

(2)

end delete

begin insert (b) end insert  “Marine debris” is a vessel or part of a vessel, including a
derelict, wreck, begin delete hulk end delete begin insert hulk, end insert 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.

begin delete

(b)

end delete

begin insert

begin insert 551. end insert   

end insert

begin insert ( end insert begin insert a) end insert  (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 begin delete entity end delete begin insert agency end insert 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 begin delete (a) end delete begin insert (b) of Section 550 end insert 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), 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 begin delete first class end delete
begin insert first-class end insert 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 begin delete entity end delete begin insert agency end insert
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 begin delete entity’s end delete begin insert agency’s end insert costs.

begin delete

(c)

end delete

begin insert (b) end insert  Notwithstanding subdivision begin delete (b), end delete begin insert (a), end insert 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.

begin delete

(d)

end delete

begin insert (c) end insert  Costs incurred by a public begin delete entity end delete begin insert agency end insert 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.

begin delete

(e) 

end delete

begin insert

begin insert 552. end insert   

end 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, best management practices begin delete and
requirements end delete for salvage of marine debris. These best management
begin delete practice standards end delete begin insert practices end insert shall be published by the begin delete commission end delete
begin insert State Lands Commission end insert on its Internet Web site. The State Lands
Commission may amend the best management begin delete practice standards end delete
begin insert practices end insert from time to time by the same process, as the State Lands
Commission deems necessary.