BILL NUMBER: AB 1323	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2015
	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 Article 3 (commencing 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, 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 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 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 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 for salvage of marine debris, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 article, the following terms have the
following meanings:
   (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.
   (b) "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.
   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 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 (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 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 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 agency's costs.
   (b) Notwithstanding subdivision (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.
   (c) Costs incurred by a public 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.
   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 for
salvage of marine debris. These best management practices shall be
published by the State Lands Commission on its Internet Web site. The
State Lands Commission may amend the best management practices from
time to time by the same process, as the State Lands Commission deems
necessary.