BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 1323 (Frazier)
Version: June 10, 2015
Hearing Date: July 14, 2015
Fiscal: Yes
Urgency: No
BCP
SUBJECT
Marine debris: removal and disposal
DESCRIPTION
This bill would authorize a public agency to remove and dispose
of marine debris after 10 days if the marine debris is floating,
sunk, partially sunk, or beached in or on a public waterway,
public beach, or on state tidelands or submerged lands, as
specified.
This bill would allow marine debris that constitute a public
nuisance or a danger to navigation, health, safety, or the
environment, 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 the marine
debris to be maintained or stored for 10 days.
This bill would authorize a public agency to recover costs
incurred for removal and disposal of marine debris from the
owner or other specified persons, and require the State Lands
Commission, on or before January 1, 2017, to adopt best
management practices for salvage of marine debris, as specified.
BACKGROUND
The Division of Boating and Waterways (DBW) administers the
Abandoned Watercraft Removal Program to provide grants to local
agencies to help pay the costs of abatement, removal, storage,
and disposal of abandoned, wrecked, and dismantled vessels or
parts of those vessels that pose navigational hazards on the
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public waterways. That program is funded by the Abandoned
Watercraft Abatement Fund (AWAF).
As an example of the issues posed by abandoned watercraft, the
Sacramento News and Review's August 28, 2008 article entitled
"Wreckage on the river," reported:
Government officials touring the Sacramento-San Joaquin
Delta in July gasped when they saw the wreckage. They'd
heard of the problem with abandoned boats sinking and
polluting our waterways, but most had not seen for
themselves the extent of the trash.
They gasped loudest in Fisherman's Cut, off Franks Tract
State Recreation Area, a place local fisherman call "The
Shipyard," where roughly a dozen vessels languish, including
a few barges and tugboats and, strangely, a vessel that once
served as a floating schoolhouse with two classrooms, now
half-sunken in the blue water. Inside some of these vessels
may be lead-acid batteries, gasoline, lead paint, asbestos,
antifreeze, plastic items, appliances and refrigerants from
air-conditioning units. And when boats sink, these
hazardous materials go straight into the water, affecting
sensitive surrounding habitat[s], wetlands, protected
wildlife and levees.
To further address the issue of abandoned vessels, this bill
seeks to create a streamlined process for the removal of marine
debris from a public waterway, public beach, or on state
tidelands or submerged lands.
This bill was heard by the Senate Committee on Natural Resources
and Water on June 23, 2015, and passed out on a vote of 9-0 .
CHANGES TO EXISTING LAW
Existing law provides that any peace officer, lifeguard or
marine safety officer employed by a county, city, or district
while engaged in the performance of official duties, may remove,
and if necessary, store a vessel removed from a public waterway
under specified circumstances. (Harb. & Nav. Code Sec. 523.)
Existing law provides that, except for the urgent and immediate
concern for the safety of those aboard a vessel, a person shall
not abandon a vessel upon a public waterway or public or private
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property without the express or implied consent of the owner or
person in lawful possession or control of the property (Harb. &
Nav. Code Sec. 525(a).)
Existing law provides that the abandonment of a vessel in the
manner described above is prima facie evidence that the last
registered owner of record, not having notified the appropriate
registration or documenting agency of any relinquishment of
title or interest therein, is responsible for the abandonment
and is thereby liable for the cost of removal and disposition of
the vessel. (Harb. & Nav. Code Sec. 525(b).)
Existing law provides that the state shall not assume liability
for any injuries or damages to a person or entity, public or
private, connected to or resulting from the processing or
disposal of a surrendered vessel. (Harb. & Nav. Code Sec.
525(e).)
Existing law authorizes the State Lands Commission (SLC) to take
immediate action, without notice, to remove from areas under its
jurisdiction a vessel that is left unattended and is moored,
docked, beached, or made fast to land in a position as to
obstruct the normal movement of traffic or in a condition as to
create a hazard to navigation, other vessels using a waterway,
or the property of another. (Pub. Resources Code Sec.
6302.1(a)(1).) Existing law similarly allows the SLC to take
immediate action to remove a vessel that poses a significant
threat to public health, safety, or welfare or to sensitive
habitat, wildlife, or water quality, or that constitutes a
public nuisance. (Pub. Resources Code Sec. 6302.1(a)(2).)
Existing law provides that a vessel removed by the SLC under the
above provisions that remains unclaimed for 30 days after notice
of removal is abandoned property. (Pub. Resources Code Sec.
6302.1(a)(3).)
This bill would provide that, 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:
the object meets the definition of marine debris and has no
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value or a value that does not exceed the cost of removal and
disposal;
if there is no discernable 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;
if there is discernable registration, hull identification
number, or other identification insignia, a notice is attached
to the marine debris 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; and
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.
This bill would require the notice attached to the marine debris
to state the name, address, and telephone number of the public
agency providing the notice. A notice sent to the owner must
contain that same information 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.
This bill would provide that, notwithstanding the above, marine
debris that constitute 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.
This bill would provide that 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.
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This bill would require the SLC, on or before January 1, 2017,
to adopt, at a public meeting and after consultation with
interested state and local agencies, best management practices
for the salvage of marine debris. These best management
practices shall be published by the SLC on its Internet Web
site. The SLC may amend the best management practices from time
to time by the same process, as the State Lands Commission deems
necessary.
This bill would define "vessel" as including every description
of watercraft or other artificial contrivance used, or capable
of being used, as a means of transportation by water.
This bill would define "marine debris" as 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.
COMMENT
1. Stated need for the bill
According to the author
The purpose of this bill is to allow for an expedited
removal process for derelicts, wrecks, hulks and parts of
ships that are no longer truly vessels that [litter] and
pollute our state waterways, beaches and tide[,] and
submerged land.
This proposal draws the distinction between a seaworthy
vessel and a vessel or parts of a vessel that are
unseaworthy, i.e., one longer capable of performing its
purpose or function, and defines it as marine debris. Such
marine debris in a state waterway, on a public beach or on
state tide[,] and submerged lands may be posted for removal
by a state, county, city or other local entity with
jurisdiction over the area and removed after 30 day[s]. If
an owner can reasonably be determined, a written notice by
mail is also required. Removal can be done immediately if
it is a public nuisance or a hazard to health, safety or the
environment.
2. Streamlined process for removal
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Under existing law, any wrecked property that is an unseaworthy
derelict or hulk, abandoned property, or property removed from a
navigable waterway may be sold or otherwise disposed of by the
public agency that removed the property. (Harb. & Nav. Code
Sec. 526.) That removal is conditioned upon various
requirements, including, an appraisal, attaching a notice prior
to removal, notifying registered and legal owners, and a
hearing, if requested under certain circumstances. The author
asserts that "[b]ecause the current process prescribed by [the]
Harbor & Navigation Code is so impractical[,] it is seldom used
and[,] as a result[,] broken or disintegrated vessels and parts
of them remain and continue to pollute our waterways and the
environment," Accordingly, this bill seeks to enact a
streamlined process for the removal of marine debris from a
public waterway, public beach, or on state tidelands or
submerged lands.
To create the streamlined process, this bill would allow a
public agency with jurisdiction over the location of the marine
debris or the authority to remove those debris or solid waste to
remove, destroy, or otherwise dispose of the debris. That
process would be subject to the following conditions: (1) the
object has no value or a value that does not exceed the cost of
removal and disposal; (2) if there is no discernable
registration, a public employee attaches a notice 10 days before
removal; (3) if there is a discernable registration, a notice is
attached and mailed to the owner; and (4) the marine debris
remain in place for 10 days from the date of attaching the
notice to the marine debris or from the date the letter was
sent. Staff notes that while a 10-day notice of removal may
appear to be a short amount of time, the bill would only apply
to "marine debris," which would be defined as a watercraft or
vessel that is unseaworthy and not reasonably fit or capable of
being made fit to be used as a means of transportation by water.
As a result, this bill would appear to only apply to vessels
and watercraft that are no longer usable, cannot be fixed, and
have been abandoned by their owners.
The California State Lands Commission, in support, writes: "[AB
1323] would create a simple and logical process for removal of
derelict vessels that constitute marine debris from a public
waterway, public beach, or on state tidelands or submerged
lands. Derelict vessels and parts thereof are a hazard to
navigation and the environment. While responsible owners
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dispose of vessels lawfully, other owners dump them on state
waterways where they disintegrate and pollute the environment
and impede navigation." The California Association of Harbor
Masters and Port Captains, the California Yacht Brokers
Association, the Marina Recreation Association, the National
Marine Manufacturers Association, and the Worldwide Boaters
Safety Group note that this bill creates an efficient and cost
effective method of removing hazards to navigation and that:
"California has the second largest boating population in the
United States. There are over 800,000 registered vessels, not
including federally documented vessels, and boating activity
generates roughly $8.9 billion to the State's economy. . . . A
byproduct of this economic and boating activity is a continual
problem with the abandonment of vessels that are beyond their
useful life. This bill will allow for a streamlined process to
remove these vessels, thereby not only removing the hazards to
navigation and the threat to the environment, but will improve
our waterways, which can only enhance this significant aspect of
our economy and State's cultural heritage."
It should be noted that in cases where the marine debris
constitute a public nuisance or a danger to navigation, health,
safety or the environment, this bill would allow the debris to
be removed and disposed of immediately. That provision would
not apply if the marine debris are whole or not demolished
during removal, in which case the marine debris would be stored
for 10 days to permit notification to the owner (if
identifiable). Additionally, this bill would allow a public
agency to recover their costs for removal and disposal of marine
debris through any appropriate legal or administrative action.
Despite that allowance, it is unclear whether the owner of
marine debris could realistically be tracked down due to the
nature of the debris (primarily abandoned vessels) that would be
removed pursuant to this bill.
Support : Alameda Marina; California Association of Harbor
Masters and Port Captains; California Boating Safety Officers
Association; California State Lands Commission; California State
Sheriffs' Association; California Yacht Brokers Association;
Marina Recreation Association; National Marine Manufacturers
Association; Recreational Boaters of California; Worldwide
Boaters Safety Group
Opposition : None Known
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HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation : AB 166 (Lieu, Chapter 416, Statutes of 2009)
established a pilot program that authorizes the sale of
surrendered recreational vessels prior to their potential or
eventual abandonment.
Prior Vote :
Senate Natural Resources and Water Committee (Ayes 9, Noes 0)
Assembly Floor (Ayes 74, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Natural Resources Committee (Ayes 9, Noes 0)
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