BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 595|
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UNFINISHED BUSINESS
Bill No: SB 595
Author: Wolk (D)
Amended: 6/29/11
Vote: 21
SENATE NATURAL RESOURCES & WATER COM. : 9-0, 3/22/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE JUDICIARY COMMITTEE : 4-0, 4/26/11
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/31/11
AYES: Alquist, Anderson, Blakeslee, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR : 74-0, 8/22/11 - See last page for vote
SUBJECT : Tidelands and submerged lands: removal of
vessels
SOURCE : California State Lands Commission
CONTINUED
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DIGEST : This bill revises provisions regarding the
authorization of the State Lands Commission (Commission) to
remove unattended vessels that obstruct traffic or create a
hazard to other vessels or property by allowing the
Commission to take immediate action, without notice, to
remove vessels and expand the circumstances in which that
authority may be exercised.
Assembly Amendments establish the definition of
"unclaimed," in regards to the bill, and make technical
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. 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 land 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; or (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.
4. Allows the commission to recover costs incurred in
removal actions undertaken through appropriate action in
the courts of this state.
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This bill:
1. Expands the above authority of the Commission, by
revising the above provisions to instead, allows the
Commission to take immediate action, without notice, to
remove from areas within its jurisdiction:
A. Vessels that are left unattended and are moored
to land in a position that obstructs the normal
movement of traffic, or in a condition as to
create a hazard to navigation, other vessels, or
property of another.
B. Vessels that pose a significant threat to the
public health, safety, or welfare or to sensitive
habitat, wildlife, or water quality, or that
constitute a public nuisance.
2. Allows the Commission to remove, from areas under its
jurisdiction, a vessel that has been placed on state
lands without permission. Prior to removal, the
commission shall:
A. Give 30-day notice to remove the vessel by
attaching it to the vessel in a clearly visible
place.
B. Use reasonable means to identify and locate the
owner and any lienholder. If the owner is located,
the Commission shall mail notice to the owner to
remove the property by a date certain at least 15
days from the date of the notice.
3. Provides that if a vessel remains unclaimed, as
specified, after the expiration of the 30-day notice
period and the 15 days' owners notice, if applicable, it
is abandoned property and the Commission may direct
disposition of the property, as specified. The
Commission may either remove the vessel or allow it to
remain in place until the commission takes action to
dispose of the property.
4. States that "unclaimed" means that an owner or a
lienholder of the vessel has not contacted the
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Commission in response to a notice made pursuant to this
section if notice is required, and has not made adequate
arrangements to take or remove the vessel to an
authorized location.
5. Requires the Commission to return a vessel removed under
the above provisions to the owner, upon request of the
owner and payment of cots and storage.
6. Authorizes the Commission, at its discretion, to remove
and dispose of an abandoned or derelict vessel on a
navigable waterway in the state that is not under their
jurisdiction pursuant to the above provisions, if
requested to do so by another public entity with
regulatory authority over the area where the vessel is
located.
7. Allows the Commission to recover all costs incurred in
removal actions, including administrative costs and the
costs of compliance with the California Environmental
Quality Act, through an appropriate action in the courts
of this state or by use of any available administrative
remedy.
8. Authorizes the Commission, at a properly noticed
Commission hearing, to take title to an abandoned vessel
subject to disposal (pursuant to the above provisions)
for the sole purpose of abatement, without satisfying
any lien on the property, and may cause the property to
be sold, destroyed, or otherwise disposed of in any
manner it determines expedient or convenient. Those
abandoned vessels shall not be considered surplus state
property, and title transferred to the Commission by
sale to third parties shall be clear of any lien or
encumbrance.
9. Requires notice of the Commission's meeting to be given
to a known owner and known lienholder, and gives those
individuals, and any interested party, the right to
appear and be heard prior to disposition of the
property.
10.Specifies that the hearing on the disposition of
property shall be an informal hearing unless designated
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as a formal hearing by the Commission.
11.Requires any action with regard to the disposition of
property as directed by the commission, with the
exception of returning the property to the owner, to be
delayed for 30 days after the date of the Commission's
determination, to allow the owner to pursue any other
cause of action in law or equity.
12.Provides that 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 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 shall be deposited into the General
Fund.
13.Provides that, at the request of the Commission, an
employee or agent of the commission, a peace officer, or
a city, county, or other political subdivision of this
state shall have authority to board a vessel for the
purposes of carrying out the provisions of this bill.
14.Exempts an action of the Commission with regard to any
property acquired or disposed of pursuant to this bill
from the State Contract Act.
15.Clarifies that to the extent its provisions are in
conflict with the Harbors and Navigation Code, the
provisions of this bill shall govern.
Background
The Commission estimates that there are thousands of
abandoned vessels across the state, which can cause
environmental and navigation impacts. Oil, gasoline,
sewage, and toxic metals can leak from abandoned vessels
and their equipment such as motors and batteries.
Abandoned vessels can also be navigational hazards.
According to the Commission, the down economy has increased
the number of abandoned vessels as owners find themselves
unable to afford the cost of storage and upkeep and instead
elect to illegally leave their vessels on public land. The
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Commission currently has authority to remove abandoned
vessels; however it must do so by taking action in court.
Vessel removal can have costs in the tens of thousands of
dollars, partially because of the legal costs. Being that
the Commission has no dedicated funding stream for vessel
removal; the cost of vessel remove has largely prevented
the Commission from widely addressing abandoned vessels.
This bill establishes an administrative process for vessel
removal that would both reduce removal costs and the time
that it takes to remove abandoned vessels.
The Commission estimates that under the process established
in this bill, it will take approximately 90 to 120 days
from the time that an abandoned vessel is reported to when
the vessel is disposed, compared to a court process which
takes approximately two years. The administrative process
would additionally save $50,000 to $100,000 per incident in
costs.
This bill is very similar to SB 459 (Wolk), of 2009, was
eventually passed by both houses of the Legislature, it was
ultimately vetoed by Governor Schwarzenegger. In his veto
message, the Governor stated:
I recognize that, to the extent that unattended and
abandoned property can be removed from public lands
and waterways more quickly, state and local agencies
could experience potentially significant savings in
court costs and environmental cleanup costs.
However, there are also potentially significant costs
that the state would incur under this bill since it
would enhance the Commission's ability to remove and
dispose of abandoned vessels. These implementation
costs cannot be overlooked, especially given the
state's current fiscal condition and the fact that no
source of funding is identified in this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/15/11)
California State Lands Commission (source)
Contra Costa County Board of Supervisors
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San Luis Obispo County Board of Supervisors
Santa Clara Valley Water District
ARGUMENTS IN SUPPORT : The author's office states, "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 Commission's current
recourse against these boat owners is limited to court
action. This is usually a long and costly process that
requires approximately two years and involves the Attorney
General's office. �The administrative process established
in SB 595] would streamline the current lengthy and
expensive judicial process while allowing for a fair and
practical approach to the handling the problem of abandoned
vessels, trespassing vessels, and trespassing ground
tackle."
ASSEMBLY FLOOR : 74-0, 8/22/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Olsen, Pan, Perea,
V. Manuel P�rez, Portantino, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Furutani, Garrick, Gorell, Nielsen,
Norby, Silva
CTW:do 8/23/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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