BILL NUMBER: SB 459 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 21, 2009
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 Sections 6302.2, 6302.3, and 6302.4 to,
the Public Resources Code, relating to tidelands and submerged lands.
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 and dispose of those watercraft and to
remove and dispose 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 and any lienholder , 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. The
bill would require that any proceeds from the sale of abandoned
property, less the commission's costs, be deposited into the General
Fund.
Vote: majority. Appropriation: no. 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) (1) 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)
(2) 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.
(3) After removal of the vessel, boat, raft, or other similar
watercraft pursuant to paragraph (1) or (2), the commission shall
mail a notice to the owner, if known, and any known lienholder, that
informs the owner and lienholder that the commission may dispose of
the vessel, boat, raft, or other similar watercraft pursuant to
Section 6302.3 if it remains unclaimed for 30 days.
(c)
(b) (1) 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 or any lienholder is known, the
commission shall also mail a notice to the owner and the
lienholder .
(2) After giving 30 days' notice as provided in paragraph (1), 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
removed, then dispose of them as provided in Section 6302.3.
(d)
(c) 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)
(d) Pursuant to Section 6302.2
6302.3 , 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)
(e) The commission may recover costs incurred in
removal actions undertaken pursuant to this section through
appropriate action in the courts of this state.
(h)
(f) 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
(b) Pursuant to Section 6302.3, the
commission may take title to abandoned property described
in subdivision (a) , 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
pursuant to Section 6302.3 , the commission shall
use reasonable means to identify and locate the owner and any
lienholder . 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. pursuant to Section 6302.3.
(e)
(d) 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 General Fund.
(f) An action of the commission with regard to any abandoned
property removed, acquired, or disposed of under this section or
Section 6302.1 is exempt from the requirements of the California
Environmental Quality Act (Division 13 (commencing with Section
21000)), and from any other law or regulation that governs the
acquisition, disposal, or destruction of property by a state agency.
SEC. 3. Section 6302.3 is added to the
Public Resources Code , to read:
6302.3. (a) The commission may direct disposition of property
abandoned or removed and subject to disposal pursuant to Section
6302.1 or 6302.2 at a properly noticed commission meeting. The
commission shall use reasonable means to identify and locate the
owner and any lienholder of property that may be disposed of at that
hearing.
(b) Notice of that meeting shall be given to a known owner and
known lienholder, and the known owner, lienholder, or other
interested party shall be given the right to appear and be heard
prior to disposition of the property.
(c) 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) This section shall apply only to a disposition of property
abandoned or removed and subject to disposal pursuant to paragraph
(3) of subdivision (a) of Section 6302.1, paragraph (2) of
subdivision (b) of Section 6302.1, subdivision (d) of Section 6302.1,
and subdivision (b) of Section 6302.2.
SEC. 4. Section 6302.4 is added to the
Public Resources Code , to read:
6302.4. (a) 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 Section 6302.1, 6302.2, or 6302.3.
(b) An action of the commission with regard to any abandoned or
removed property, acquired or disposed of pursuant to Section 6302.1,
6302.2, or 6302.3, is exempt from the requirements of the California
Environmental Quality Act (Division 13 (commencing with Section
21000)), and from any other law or regulation that governs the
acquisition, disposal, or destruction of property by a state agency.
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