BILL ANALYSIS �
SB 1577
Page 1
Date of Hearing: June 18, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1577 (Committee on Natural Resources and Water) - As
Amended: May 21, 2012
SENATE VOTE : 37-0
SUBJECT : Resources: vessels: removal: public trust lands: City
of Newport Beach
SUMMARY : Authorizes a local peace officer to immediately remove
a vessel from a public waterway without notice under certain
circumstances; provides resources to the Department of Boating
and Waterways (DBW) to remove abandoned vessels; and grants in
trust to the City of Newport Beach (City) 10.3 acres of public
trust lands.
EXISTING LAW :
1)Vessel Removal
a) Classifies any hulk, derelict, wreck, or
a) erty value limit and certain notice requirements.
1)Public Trust Lands
a) Grants in trust to the City all the right, title, and
interest of the state in public trust lands located at
Marina Park.
b) Terminates the leases issued from the State Lands
Commission to the City for the Marina Park public trust
lands.
c) Requires the City to hold, operate, and manage, in trust
for the benefit of the statewide public, the Marina Park
public trust lands in accordance with the common law public
trust doctrine and the terms, trusts, and conditions set
forth in Chapter 78 of the Statutes of 1978, as amended by
Chapter 728 of the Statutes of 1994, Chapter 317 of the
Statutes of 1997, Chapter 745 of the Statutes of 2001, and
Chapter 361 of the Statutes of 2004.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
a) Purpose of the Bill (Vessel Removal). While the AWAF
program has been helpful in removing abandoned vessels, it
only benefits waterways where the local government is
willing to apply for grants and provide ten percent
matching funds. To address the abandoned vessel problems
in other areas of the state, this bill authorizes DBW to
use AWAF monies to remove other abandoned vessels and other
navigational hazards in the state. This bill also
attempparts of any ship, vessel, or other watercraft sunk,
beached, or allowed to remain in an unseaworthy or
dilapidated condition for a period longer than 30 days as
"abandoned property." A public agency may take title to
and sell, destroy, or dispose the abandoned property for
purposes of abatement.
b) Authorizes a local peace officer to remove a vessel from
a public waterway when (1) the vessel is left unattended
and obstructs the normal movement of traffic or in a
condition that creates a hazard to other vessels using the
waterway, to public safety, or to the property of another;
(2) the vessel is either stolen or embezzled; (3) the
person in charge of the vessel is incapacitated; (4) an
officer arrests any person operating or in control of the
vessel; (5) the vessel interferes with, or otherwise poses
a danger to, navigation or to the public health, safety, or
welfare; (6) the vessel poses a threat to adjacent
wetlands, levies, sensitive habitat, any protected wildlife
species, or, (7) water quality; the vessel's registration
has been expired for more than a year.
c) Prohibits a person from abandoning a vessel upon a
public waterway or public or private property without the
express or implied consent of the owner or person in lawful
possession or control of the property. Such an offense is
an infraction punishable by a fine between $1,000 and
$3,000. In addition, the court may order the defendant to
pay removal and disposal costs.
d) Authorizes a public agency to sell or dispose of any
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abandoned property as described in subparagraph "a" or any
unseaworthy derelict or hulk described in subparagraph "b"
if the property's value is less than $2,000 and notice and
an opportunity for a hearing are provided to the owner.
e) Creates the Abandoned Watercraft Abatement Fund (AWAF)
which is funded by the Harbors and Watercraft Revolving
Fund. AWAF is administered by DBW to provide grants to
local agencies to remove, store, and dispose of abandoned,
wrecked, or dismantled recreational vessels that pose a
substantial hazard to navigation. Local agencies receiving
a grant must provide 10 percent in matching funds.
1)Public Trust Lands
a) Protects, pursuant to the common law doctrine of the
public trust, the public's right to use California's
waterways for commerce, navigation, fishing, boating,
natural habitat protection, and other water oriented
activities. The public trust doctrine provides that filled
and unfilled tide and submerged lands and the beds of
lakes, streams, and other navigable waterways (public trust
lands) are to be held in trust by the state for the benefit
of the people of California.
b) Requires SLC to be the steward and manager of the
state's public trust lands. SLC has direct administrative
control over the state's public trust lands and oversight
authority over public trust lands granted by the
Legislature to local public agencies (granted lands).
c) Allows SLC to lease public trust lands, enter into
boundary line agreements, and in limited circumstances,
exchange public trust lands for non-trust lands
d) Granted state public trust lands to over 80 local public
agencies to be managed for the benefit of all the people of
the state and pursuant to the public trust doctrine and
terms of the applicable granting statutes. The City was
granted public trust lands pursuant to Chapter 78 of the
Statutes of 1978, as amended by Chapter 728 of the Statutes
of 1994, Chapter 317 of the Statutes of 1997, Chapter 745
of the Statutes of 2001, and Chapter 361 of the Statutes of
2004.
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THIS BILL :
1)Vessel Removal
a) Authorizes a local peace officer to take immediate
action, without notice, to remove a vessel under any of the
circumstances described in subparagraph "b" of paragraph
"1" in "EXISTING LAW."
b) In addition to the grant program referenced in
subparagraph "e" of paragraph "1" in "EXISTING LAW,"
authorizes AWAF monies to be used by DBW itself for the
removal of abandoned vessels and other navigational
hazards.
c) Creates liability immunity for the state and any city,
county, or special district or any designated agent or
employee for any injuries or damages to a person or entity,
public or private, connected to or resulting from any of
the following:
i) The nonremoval, removal, processing, or disposal of
abandoned property, wrecked or dismantled vessels, or any
other partially submerged object that poses a hazard to
navigation.
ii) The nonremoval, removal, processing, or disposal of
a surrendered vessel.
1)Deletes the conditions to vessel removal described in
subparagraph "d" of paragraph "1" in "EXISTING LAW" related to
the $2,000 propts to improve the abandoned vessel removal laws
by allowing immediate removal of certain vessels, removing
limitations on the types of vessels that can be sold or
disposed of, and amending certain notice requirements.
2)Amendments (Vessel Removal). The vessel removal provisions of
this bill were added on May 21, 2012. Since then, several
parties have expressed concern over the liability and notice
provisions. The author of the bill, which is the Senate
Committee on Natural Resources and Water, has indicated that
it would like to remove the vessel removal provisions from the
bill.
3)Background (Public Trust Land). For over 100 years, the
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Legislature has granted public trust lands to local public
agencies so the lands can be managed locally for the benefit
of the people of California. Virtually all grants have been
made by non-codified statutes. A granting statute generally
explains what lands have been granted and how they are to be
managed by the grantee. Without a tidelands grant, the
Commission has direct authority to lease or otherwise manage
public trust lands.
On September 1, 2011, SLC approved a boundary line agreement
with the City. The purpose of the agreement was to settle a
title dispute concerning certain lands located in Marina Park
in the Lower Newport Bay. The agreement confirmed the public
trust interest on 10.3 acres of land bayward of the
established boundary line and terminated any public trust
interest landward of that line. These 10.3 acres are not
subject to the City's previous legislative grant of public
trust lands. As such, SLC has administrative authority over
the land. SLC has leased the public trust lands to the City
for a period of 49 years. The City has plans to use the
public trust lands to develop an expanded marina, sailing
center, parking lot, public access paths, American Legion
facilities, aquatic beachfront park, and open space for
water-related recreation. These uses are all consistent with
the public trust doctrine.
This bill will grant the 10.3 acres of public trust lands to
the City, thus bringing these lands into the same management
as the rest of the City's granted public trust lands. With
this grant, it is no longer necessary for the City to have
leases with the Commission for these lands.
4)Double Referred. This bill is dual referred and will be heard
in the Local Government Committee should it pass out of
Natural Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Opposition
None on file
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Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092