BILL ANALYSIS Ó
AB 1323
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1323 (Frazier) - As Amended May 5, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes any state, county, city, or other public
entity to remove, destroy, or otherwise dispose of any marine
debris in or on a public waterway, public beach, or state
tidelands or submerged lands, subject to the specified
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conditions.
Additionally, this bill:
a)authorizes a public entity to pursue cost recovery from an
owner or any person who placed the marine debris; and
b)requires State Lands Commission (SLC) to develop best
management practices for the removal of marine debris by
January 1, 2017 and post them on its website.
FISCAL EFFECT:
Minor, absorbable costs.
COMMENTS:
1)Purpose. According to the author, current law provides
authority to the Sheriff to deal with wrecked property, and
for municipalities and other public entities to deal with
abandoned vessels within their limits, but procedures are both
time consuming and costly. Further, removing vessels can
trigger state and federal oversight and permitting
requirements.
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This bill streamlines the process for marine debris removal
and requires the SLC to develop best management practices to
assist other local and state agencies.
2)Abandoned vessels. Over the last several years, the state has
experienced an increase in the amount of watercraft being
abandoned in state waterways. Boats are some of the most
expensive luxury items to maintain and store, and unlike other
luxury goods cannot be disposed of easily or cheaply.
An August 2010 Petaluma Argus-Courier article reported that
some boat owners were selling vessels for as little as
one-dollar to avoid the cost of removing their boats from
California waterways and properly disposing of the vessel.
Even more distressing, the Argue-Courier noted that an
underground "scuttle" economy has developed whereby a boat
owner pays individuals to strip a boat of all usable
(financially valuable) material and identifiable markings
(including boat name and vehicle identification number) then
dump the boat overnight in a public waterway. Once abandoned,
boats pose hazards to commercial and recreation boat traffic,
as well as the ecosystem of the waterway. This problem is
especially troublesome in the Sacramento-San Joaquin Delta
where personal pleasure boats are abandoned alongside aging
steamboats and river barges. Statewide, hundreds of boats are
abandoned annually.
3)SLC and abandoned vessels. SLC is entrusted with the
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management of the land underlying the state's navigable and
tidal waterways, which accounts for almost four million acres
within the state. Common law dictates that these lands are
held in the Public Trust and can only be used for purposes
consistent with that trust. SLC is charged with protecting
that Public Trust and has a duty to protect and preserve state
lands for future generations.
SLC is authorized to remove vessels on its lands, however,
existing law only allows SLC to recover costs incurred in the
removal of vessels from waterways. This bill allows for cost
recovery for the removal of any marine debris.
4)Local removal. Local public entities and law enforcement have
the authority to remove derelict and abandoned vessels within
their jurisdictions. The process is designed to remove
vessels that have some value and grant adequate time to locate
the owner and provide ample opportunity for an owner to
reclaim the vessel once it's been removed. While this is
appropriate for vessels of value, the time and cost involved
makes it cumbersome for public entities that are faced with
removing vessels that are essentially junk. Removing vessels
can trigger state and federal oversight. For vessels that are
removed for salvaging, one or more of a number of permits may
be required.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081
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