BILL NUMBER: SB 459 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senator Wolk
FEBRUARY 26, 2009
An act to amend Section 6302.1 of, and to add Section 6302.2 to,
the Public Resources Code, relating to tidelands and submerged lands,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 459, as amended, Wolk. Tidelands and submerged lands: removal
of vessels.
Existing law authorizes the State Lands Commission to remove from
areas under its jurisdiction any vessel, boat, raft, or other similar
watercraft that is left unattended and is moored, docked, or beached
as to obstruct traffic or to create a hazard to other vessels or
property, that poses critical and immediate danger to navigation or
the public health, safety, or welfare, or that hinders navigation or
creates a public nuisance.
This bill would revise those provisions to authorize the
commission to remove those watercraft in those and similar conditions
immediately and without notice. The bill would authorize the
commission to remove from areas under its jurisdiction those
watercraft that have been placed on state lands without its
permission if prior to removal the commission gives a 30-day notice
by posting notice on the watercraft and notifying the owner, if
known.
Existing law authorizes the commission, through appropriate action
in the courts, to remove or destroy a vessel, boat, watercraft, or
other similar obstruction that hinders navigation or otherwise
creates a public nuisance in areas under the commission's
jurisdiction.
This bill would, instead, provide that a hulk, derelict, wreck, or
parts of a ship, vessel, or other watercraft sunk, beached,
grounded, or floating and allowed to remain in an unseaworthy or
dilapidated condition in areas under the commission's jurisdiction
for a period longer than 30 days without its consent is abandoned
property. The bill would establish procedures for the commission to
sell, destroy, or otherwise dispose of this abandoned property.
By requiring that any proceeds from the sale of abandoned property
less the commission's costs shall be deposited into the Land Bank
Fund, a continuously appropriated fund, the bill would make an
appropriation.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6302.1 of the Public Resources Code is amended
to read:
6302.1. (a) The commission may take immediate action, without
notice, to remove from areas under its jurisdiction a vessel, boat,
raft, or other similar watercraft 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.
(b) The commission may take immediate action, without notice, to
remove from areas under its jurisdiction a vessel, boat, raft, or
other similar watercraft that poses a significant threat to the
public health, safety, or welfare or to sensitive habitat, wildlife,
or water quality, or that constitutes a public nuisance.
(c) The commission may remove from areas under its jurisdiction a
vessel, boat, raft, or other similar watercraft or a buoy, anchor,
mooring, or other ground tackle used to secure a vessel, boat, raft,
or other similar watercraft that has been placed on state lands
without its permission. Prior to removal of the vessel, boat, raft,
or other similar watercraft or buoy, anchor, mooring, or other ground
tackle, the commission shall give a 30-day notice by attaching it to
the vessel, boat, raft, or other similar watercraft or to the buoy,
anchor, mooring, or other ground tackle. If the owner is known, the
commission shall also mail a notice to the owner.
(d) Upon request of the owner and after payment of the costs of
removal and storage, the commission shall return to the owner
a vessel, boat, raft, or other similar watercraft or a buoy,
anchor, mooring, or other ground tackle removed under this section.
(e) Pursuant to Section 6302.2, the commission may dispose of a
vessel, boat, raft, or other similar watercraft or a buoy, anchor,
mooring, or other ground tackle removed under this section that
remains unclaimed 30 days after removal.
(f) After giving 30 days' notice as provided in subdivision (c),
the commission may permit a vessel, boat, raft, or other similar
watercraft or a buoy, anchor, mooring, or other ground tackle to
remain in place for an additional 30 days and, if they have not been
claimed or removed, then dispose of them as provided in Section
6302.2.
(g) The commission may recover costs incurred in removal actions
undertaken pursuant to this section through appropriate action in the
courts of this state.
(h) For purposes of this section, the following definitions apply:
(1) "Appropriate action" means any cause of action available at
law or in equity.
(2) "Commission" includes the staff or agents of the commission or
other federal, state, or local agencies operating in concert with or
under the direction of the commission.
SEC. 2. Section 6302.2 is added to the Public Resources Code, to
read:
6302.2. (a) A hulk, derelict, wreck, or parts of a ship, vessel,
or other watercraft, sunk, beached, grounded, or floating and allowed
to remain in an unseaworthy or dilapidated condition in areas under
the commission's jurisdiction for a period longer than 30 days
without its consent is abandoned property for purposes of this
section.
(b) Notwithstanding any other provision of law, the commission may
take title to abandoned property, without liability, for the sole
purpose of abatement, and without satisfying any lien on the
property, may cause the property to be sold, destroyed, or otherwise
disposed of in any manner it determines is expedient or convenient.
Title to property transferred by the commission by sale or otherwise
to third parties shall be clear of any lien or encumbrance.
(c) Prior to making a disposition of abandoned property, the
commission shall use reasonable means to identify and locate the
owner. If the owner is located, the commission shall give the owner
written notice to remove the property by a date certain at least 15
days from the date of the notice. Notice to the owner to remove the
property shall also be posted on the property, if practicable, in a
clearly visible place. If the owner cannot be located or the owner
fails to respond to the mailed or posted notice or fails to remove
the property within the time provided or extended, the commission may
direct disposition of the property at a properly noticed commission
meeting, notice of which shall be given to a known owner and at which
the owner or any interested party may appear and shall be given the
right to be heard prior to disposition of the property. Any
action with regard to the disposition of the property as directed by
the commission, with the exception of returning the property to the
owner, shall be delayed for 30 days after the date of the commission
determination, to permit response by the owner.
(d) At the request of the commission, an employee or agent of the
commission or a peace officer of the federal or state government or a
city, county, or other political subdivision of the state shall have
the authority to board a vessel for the purposes of carrying out
this section or Section 6302.1.
(e) The commission's cost of disposing of abandoned property,
including staff time and legal and attorney's fees, may be recovered
by appropriate action in any court in which an action may be properly
brought or by use of any available administrative remedy. If the
property is sold, the commission may recover its costs from any
proceeds of the sale and any additional funds received shall be
deposited into the Land Bank Fund (Division 7 (commencing with
Section 8600)) and shall be used solely for additional
removal actions under this section or Section 6302.1 .
(f) An action of the commission with regard to any abandoned
property removed, acquired, or disposed of under this section or
Section 6302.1 are is exempt from the
requirements of the California Environmental Quality Act (Division 13
(commencing with Section 21000)), and from any other laws
or regulations law or regulation that
govern governs the acquisition, disposal, or
destruction of property by a state agency.