BILL NUMBER: SB 459 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2009
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 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 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 this 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.
(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.
(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 the
expiration of the 30 days' notice period as provided in
paragraph (1), the commission may permit a
remove the vessel, boat, raft, or other similar watercraft or a
buoy, anchor, mooring, or other ground tackle or
allow it to remain in place for an additional 30 days
and, if they have not been removed, then dispose of them
until disposed of as provided in Section 6302.3.
(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.
(d)
(c) Pursuant to Section 6302.3, the commission may
dispose of a vessel, boat, raft, or other similar watercraft or a
buoy, anchor, mooring, or other ground tackle that is subject to
being removed under this section that remains unclaimed 30
days after removal notice .
(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) The commission may recover costs incurred in removal actions
undertaken pursuant to this section through appropriate action in the
courts of this state.
(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.
(b) Pursuant to Section 6302.3, the commission may take title to
abandoned property described in subdivision (a) 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 pursuant to Section 6302.3.
(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.
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 commission's
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, 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.