BILL NUMBER: AB 1323	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2015
	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 524.5 to   Article 3
(comme   ncing with Section 550) to Chapter 3 of Division 3
of  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  entity  
agency  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   agency  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
  agency  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  and
requirements  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:
   
  SECTION 1.    Section 524.5 is added to the
Harbors and Navigation Code, to read:
   524.5.  (a) 
   SECTION 1.    Article 3 (commencing with Section 550)
is added to Chapter 3 of Division 3 of the  Harbors and
Navigation Code   , to read: 

      Article 3.   Marine Debris


    550.   For purposes of this  section, 
 article,  the following terms have the following meanings:

   (1) 
    (a)  A "vessel" includes every description of watercraft
or other artificial contrivance used, or capable of being used, as a
means of transportation by water. 
   (2) 
    (b)  "Marine debris" is a vessel or part of a vessel,
including a derelict, wreck,  hulk   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. 
   (b) 
    551.    (   a)  (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   agency  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)   (b) of Section 550  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
 first class   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
  agency  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   agency's 
costs. 
   (c) 
    (b)  Notwithstanding subdivision  (b), 
 (a),  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) 
    (c)  Costs incurred by a public  entity
  agency  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) 
    552.   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 of marine debris.
These best management  practice standards  
practices  shall be published by the  commission
  State Lands Commission  on its Internet Web site.
The State Lands Commission may amend the best management 
practice standards   practices  from time to time
by the same process, as the State Lands Commission deems necessary.