BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 459|
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UNFINISHED BUSINESS
Bill No: SB 459
Author: Wolk (D)
Amended: 7/14/09
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 8-1, 4/14/09
AYES: Pavley, Huff, Kehoe, Leno, Padilla, Simitian,
Wiggins, Wolk
NOES: Hollingsworth
NO VOTE RECORDED: Cogdill, Benoit
SENATE JUDICIARY COMMITTEE : 4-0, 4/28/09
AYES: Corbett, Harman, Florez, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 35-2, 6/1/09
AYES: Aanestad, Alquist, Benoit, Calderon, Cedillo,
Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,
Ducheny, Dutton, Florez, Hancock, Harman, Huff, Kehoe,
Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Oropeza,
Padilla, Pavley, Romero, Runner, Simitian, Steinberg,
Wiggins, Wolk, Wright, Wyland, Yee
NOES: Ashburn, Hollingsworth
NO VOTE RECORDED: Strickland, Walters, Vacancy
ASSEMBLY FLOOR : 74-0, 8/27/09 (Consent) - See last page
for vote
SUBJECT : Tidelands and submerged lands: removal of
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vessels
SOURCE : State Lands Commission
DIGEST : This bill streamlines the authority of the State
Lands Commission (Commission) to remove and dispose of
abandoned vessels; eliminates a requirement that the
Commission dispose of a vessel through court action;
exempts these actions from the California Environmental
Quality Act or any law or regulation governing the disposal
of property by a state agency.
Assembly Amendments made technical and clarifying changes.
ANALYSIS :
Existing Law
1.Permits the Commission to eject trespassers from any tide
and submerged land, beds of navigable channels, streams,
rivers, creeks, lakes, bays, and inlets under its
jurisdiction through a court action, and recover its
costs of ejectment through that legal action.
2.Generally allows the Commission to remove, from areas
under its jurisdiction, any vessel, boat, raft, or
watercraft which either:
A. Is left unattended and is moored, docked, beached,
or made fast to l and in a position as to obstruct
the normal movement of traffic, or to create a hazard
to other vessels, to public safety, or to the
property of another.
B. Seriously interferes with, or otherwise poses a
critical and immediate danger to navigation or to the
public health, safety, or welfare.
3.Allows the Commission, through appropriate court action,
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
Commission's jurisdiction.
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4.Allows the Commission to recover costs incurred in
removal actions undertaken through appropriate action in
the courts of this state.
This bill:
1.Enhances the Commission's existing vessel removal
authority by allowing it to take immediate action,
without notice, to remove a vessel, boat, raft, or
similar watercraft (hereinafter "vessel") those 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.
2.After removal, requires the Commission to 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 if it remains unclaimed for 30
days.
3.Allows the Commission to remove from areas under its
jurisdiction a vessel, buoy, anchor, mooring or ground
tackle used to secure watercraft placed on state lands
without its permission. Prior to removal, the
Commission must give a 30-day notice by attaching it to
the watercraft or ground tackle, and by mail if the
owner or lienholder is known. After 30 days, the
Commission may remove watercraft or ground tackle or
allow it to remain in place until disposed of.
4.Requires, upon request of the owner and after payment of
the costs of removal and storage, the Commission to
return a vessel, buoy, anchor, mooring, or ground tackle
to its owner.
5.Provides that a hulk, derelict, wreck, or parts of a
ship, vessel, or other watercraft, sunk, beached,
grounded, or floating, and which is allowed to remain in
an unseaworthy or dilapidated condition in areas under
the Commission's jurisdiction for longer than 30 days,
without its consent, is abandoned property.
6.Eliminates the requirement that the Commission obtain a
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court order to remove or destroy any vessel which
hinders navigation or creates a public nuisance.
7.Authorizes the Commission to take title to abandoned
property for the sole purpose of abatement, and without
satisfying any lien on the property, sell, destroy, or
otherwise dispose of it in any manner it determines is
expedient or convenient.
8.Requires the Commission, prior to disposing of abandoned
property, to use reasonable means to identify and locate
the owner and any lienholder. If located, the
Commission must give the owner written notice to remove
the property by a date certain at least 15 days from the
date of the notice. The notice must also be posed on
the property, if practicable, in a clearly visible
place.
9.Authorizes the Commission to direct disposition of the
property at a properly noticed Commission meeting if the
owner cannot be located, fails to respond, or fails to
remove the property. The Commission must use reasonable
means to identify and locate the owner and any
lienholder. Notice of the meeting must be given to a
known owner and lienholder and both parties must be
given the right to be heard. Any action with regard to
the disposition of the property, with the exception of
returning the property to the owner, must be delayed for
30 days after the date of the Commission's action.
10.Provides that the Commission's cost of disposing of
abandoned property, including staff time and attorney's
fees, may be recovered by an action in any court or by
use of any available administrative remedy. If the
property is sold, the Commission may recover its costs
from the proceeds of the sale and any additional funds
received shall be deposited into the General Fund.
11.Provides that an action of the Commission with regard to
any property removed, acquired, or disposed of is exempt
from the requirements of the California Environmental
Quality Act and from any other law or regulation that
governs the acquisition, disposal, or destruction of
property by a state agency.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/27/09)
State Lands Commission (source)
Delta Protection Commission
Recreational Boaters of California
Santa Clara Valley Water District
State Water Project Contractors Authority
ARGUMENTS IN SUPPORT : The author's office states that
the SLC claims, "There are a number of boat owners storing
their vessels on state lands without permission. There are
also boat owners dumping or abandoning their old or
unseaworthy vessels on state lands without permission. The
problem of trespassing and abandoned vessels is increasing
in the state. Additionally, there is evidence that the
problem is worsening in a down economy where the costs of
vessel maintenance and storage are viewed by some owners as
discretionary expenses to be eliminated. The problem is
particularly acute in the Delta, but is also evident
throughout the state and country's waterways.
"The Commission's current recourse against these boat
owners is limited to court action. This is usually a long
and costly process that involves the Attorney General's
office. There have been some situations where ship salvers
have offered to take trespassing and abandoned ships at no
cost to the state; however, since the ship salvers cannot
obtain title without a court judgment, this remedy has not
proven effective.
"This bill would streamline the lengthy and expensive
judicial process by permitting the Commission to decide the
final disposition of abandoned vessels, trespassing
vessels, and trespassing ground tackle through an
administrative process. This administrative authority
would include notice and hearing requirements to protect
the due process rights of boat owners. Specifically, a
boat owner and any lien holder would receive a 30 day
notice to remove and an opportunity to be heard by the
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Commission before final disposition would occur. If the
Commission ultimately decides to dispose of or destroy a
vessel, the Commission shall provide an additional 30 day
notice before it can take such action."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Feuer, Fletcher, Fong,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Evans, Fuentes, Hall, Saldana, Bass,
Vacancy
JJA:cm 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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