BILL ANALYSIS
SB 459
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Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 459 (Wolk) - As Amended: July 14, 2009
Policy Committee:
JudiciaryVote:10-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes the State Lands Commission (SLC) to remove
and dispose of abandoned vessels without first having received
court authorization. Specifically, this bill:
1)Authorizes SLC to remove and dispose of abandoned vessels and
equipment located in areas under SLC jurisdiction without
first having received court authorization.
2)Exempts these actions from the requirements of the California
Environmental Quality Act (CEQA) and from any other law or
regulation that governs the acquisition, disposal, or
destruction of property by a state agency.
3)Requires SLC to make specified efforts to locate and notify
the owner of abandoned vessels and equipment before its
removal and disposal.
4)Specifies that SLC can take possession of a vessel solely for
abatement purposes and sell, destroy, or otherwise dispose of
it in any manner SLC sees fit.
5)States that SLC is not obligated to satisfy any lien against
vessels or other property it takes possession of pursuant to
this bill.
6)Provides that the SLC's cost of disposing of abandoned
property may be recovered by an action in any court or by use
of any available administrative remedy. If the property is
sold, the SLC may recover its costs from any proceeds of the
sale and any additional funds received shall be deposited into
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the General Fund.
FISCAL EFFECT
1)The costs of this bill are unknown and depend upon the number
of vessels SLC removes and disposes of each year, as well as
logistical, legal and other complicating factors associated
with each vessel. SLC estimates that, generally, it could
remove and dispose of about two vessels a year using existing
resources and at a cost of less than $100,000. (General Fund)
2)Annual revenue recovered from owners of abandoned vessels
subject to removal or disposal-no more than $100,000 a year
and possibly less. (SLC anticipates difficulty recovering its
costs for abandoned vessel removal and disposal. This is
because the owners of such vessels generally have little
financial wherewithal, a condition which led to the vessel's
abandonment in the first place.)
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COMMENTS
1)Rationale . The author acknowledges that SLC currently has the
authority to remove or destroy any vessel, boat, watercraft,
raft, or other similar obstruction which hinders navigation or
otherwise creates a public nuisance in areas under the SLC's
jurisdiction. The author contends, however, that the
requirement that SLC first receive authorization from a court
frequently hinders SLC from taking action against an
abandoned-vessel owner. This is because the SLC relies on
legal representation by the Attorney General's (AG), who, the
author contends, oftentimes is occupied with other, more
pressing priorities. The author intends this bill to
streamline SLC's response to vessel and equipment abandonment
by allowing SLC to decide the final disposition of abandoned
vessels, trespassing vessels, and trespassing ground tackle
through an its own administrative process.
2)Background .
a) State Lands Commission . SLC manages lands the state has
received from the federal government. These lands total
more than four million acres and include tide and submerged
lands, swamp and overflow lands, the beds of navigable
waterways, and state school lands. According to SLC (as
cited in the policy committee analysis), lands underlying
the state's navigable and tidal waterways (known as
"Sovereign Land") include:
i) The beds of more than 120 rivers, streams and
sloughs.
ii) Nearly 40 non-tidal navigable lakes, such as Lake
Tahoe and Clear Lake.
iii) Tidal navigable bays and lagoons.
iv) The tide and submerged lands adjacent to the entire
coast and offshore islands of the state from the mean
high tide line to three nautical miles offshore.
b) SLC's Existing Authority . Existing law authorizes SLC,
generally following court authorization, to remove from
areas under its jurisdiction any unattended vessel, boat,
raft, or watercraft that obstructs traffic; creates a
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hazard to other vessels, to public safety, or to property;
or seriously interferes with, or otherwise poses a critical
and immediate danger to navigation or to the public health,
safety, or welfare. SLC may recover associated costs
through the courts.
c) A State Awash in Abandoned Watercraft . Recent news
reports document the problem of vessel abandonment,
particularly in the Delta, exacerbated by the deteriorating
economy. According to SLC, the number of abandoned
commercial vessels has been growing. DBW administers the
Abandoned Watercraft Removal Program to provide grants to
local agencies to help pay the costs of removal, storage,
and disposal of abandoned and wrecked vessels that pose
navigational hazards on the public waterways. The
governor's budget proposes grants for these purposes
totaling $500,000 for 2009-10.
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3)Related Legislation.
a) AB 166 (Lieu) strengthens and expands provisions
governing local agencies' efforts to address the
environmental and public safety impacts of abandoned
vessels. The bill passed the Assembly on a vote of 79-0
and is pending consideration in Senate Appropriations.
b) AB 1950 (Lieu, 2008) would have established a pilot
program to authorize the sale of surrendered vessels prior
to their potential or eventual abandonment. The bill was
vetoed.
4)Supporters of this bill include the State Lands Commission
(sponsor) and the Recreational Boaters of California. There
is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081