BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: SB 459 HEARING DATE: April 14, 2009
AUTHOR: Wolk URGENCY: No
VERSION: April 1, 2009 CONSULTANT: Bill Craven
DUAL REFERRAL: Judiciary FISCAL: Yes
SUBJECT: Tidelands and submerged lands: removal of vessels.
BACKGROUND AND EXISTING LAW
Section 6302.1 of the Public Resources Code authorizes the State
Lands Commission (SLC) to remove abandoned boats and other
watercraft from areas within its jurisdiction, which are
generally the tidelands and submerged lands owned by the state
which generally include the submerged lands in the ocean out 3
miles from the coast, and lands under streams, bays, estuaries,
and the beds of navigable rivers.
The commission proceeds against those whose boats are abandoned
through court actions that involve the Attorney General's
office. Salvage firms cannot obtain title without a court
judgment which is an expensive process.
The Department of Boating and Waterways does not have similar
enforcement authority, although it administers the Abandoned
Watercraft Abatement Fund which provides grants to local
governments for the removal of abandoned boats. This fund was
created in 1997 through the enactment of SB 172 (Rainey).
The State Lands Commission is not eligible to receive grants
from this fund.
PROPOSED LAW
This bill, in Sec. 6302.1, restates existing authority of the
Commission to remove vessels and other equipment that are
causing hazards to navigation, other vessels, or property, as
well as those vessels that pose significant threats to the
public health, safety, or welfare or that constitute a public
nuisance or pose a threat to sensitive habitat, wildlife, or
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water quality.
For other abandoned vessels, the bill would establish a more
streamlined administrative process to remove watercraft in areas
under the commission's jurisdiction. This proposed
administrative authority would include notice and hearing
requirements to protect the due process rights of boat owners.
Specifically, boat owners would receive a 30-day notice to
remove, and an opportunity to be heard by the Commission prior
to final disposition. The notice would be attached to the
vessel. If the Commission ultimately decides to dispose of a
vessel, it would be required to provide an additional 30-day
notice to the boat owner prior to taking such action.
The bill contains a definition of abandoned vessel and states
that abandoned vessels are those that remain in an unseaworthy
or dilapidated condition in areas under the commission's
jurisdiction for a period longer than 30 days without consent.
The bill establishes an expedited procedure for the commission
to take title to, and dispose of abandoned vessels, after making
reasonable efforts to locate the owner. The commission would be
entitled to recover its costs from the proceeds of a sale of an
abandoned vessel. The bill provides that the removal and
disposition of abandoned vessels are not subject to the
California Environmental Quality Act.
ARGUMENTS IN SUPPORT
According to the author, some boat owners store their vessels on
state lands without permission, Others dump or abandon their old
or unseaworthy vessels on state lands.
The recourse of the SLC is presently limited to court action.
The author believes that the process should be streamlined and
that the Commission should have authority to take immediate
action to remove hazardous, abandoned watercraft in the limited
situations that are specified in the bill.
The SLC, in support of the bill, states that abandoned boats and
equipment interfere with public trust uses and can cause
personal injury or property damage for which the state could be
liable. It believes that the new process proposed in this
legislation will enable it to effectively clean up the state's
waterways, to enhance public trust activities, and protect the
state from liability.
ARGUMENTS IN OPPOSITION
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None received
Author's Amendment: The author's office has notified the
Committee that she plans to offer an author's amendment that
would delete the provision that a recovery by the Commission of
its costs in disposing of a vessel would be deposited into the
Land Bank Fund. Instead, those moneys would be deposited into
the General Fund.
SUPPORT
California State Lands Commission
Delta Protection Commission - "in concept"
OPPOSITION
None Received
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