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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