Bill Text: CA AB2092 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 2092 (Prior Session Legislation)

CA State Legislature page for AB2092

Introduced

Bill Title: Abandoned Watercraft Abatement Fund: grants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2092 Detail]

Download: California-2015-AB2092-Introduced.html

BILL NUMBER: AB 2092	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 17, 2016

   An act to amend Section 525 of the Harbors and Navigation Code,
relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2092, as introduced, Frazier. Abandoned Watercraft Abatement
Fund: grants.
   Existing law makes it an infraction punishable by a maximum $3,000
fine, and a minimum $1000 fine, for a person to abandon 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, except for the urgent and
immediate concern for the safety of those aboard the vessel. Existing
law requires 80% of those fines imposed and collected to be
deposited in the Abandoned Watercraft Abatement Fund, and used, upon
appropriation by the Legislature, for grants to local agencies for,
among other purposes, removal as a public nuisance of abandoned
vessels. Existing law prohibits the grants from being used for
abatement, removal, storage, or disposal of commercial vessels.
   This bill would delete that prohibition and thereby authorize
grants to be used for abatement, removal, storage, or disposal of
commercial vessels.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 525 of the Harbors and Navigation Code is
amended to read:
   525.  (a) Except for the urgent and immediate concern for the
safety of those aboard a vessel, a person shall not abandon 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.
   (b) The abandonment of a vessel in a manner as provided in
subdivision (a) is prima facie evidence that the last registered
owner of record, not having notified the appropriate registration or
documenting agency of any relinquishment of title or interest
therein, is responsible for the abandonment and is thereby liable for
the cost of the removal and disposition of the vessel.
   (c) A violation of this section is an infraction and shall be
punished by a fine of not less than one thousand dollars ($1,000),
nor more than three thousand dollars ($3,000). In addition, the court
may order the defendant to pay to the agency that removes and
disposes of the vessel the actual costs incurred by the agency for
that removal and disposition.
   (d) Fines imposed and collected pursuant to this section shall be
allocated as follows:
   (1) (A) Eighty percent of the moneys shall be deposited in the
Abandoned Watercraft Abatement Fund, which is hereby created as a
special fund. Moneys in the fund shall be used exclusively, upon
appropriation by the Legislature, for grants to be awarded by the
 department   division  to local agencies
for the abatement, removal, storage, and disposal as public nuisances
of any abandoned property as described in Section 522 or for the
disposal of surrendered vessels as defined in Section 526.1, wrecked
or dismantled vessels, or parts thereof, or any other partially
submerged objects that pose a substantial hazard to navigation, from
navigable waterways or adjacent public property, or private property
with the landowner's consent.  These grants shall not be
utilized for abatement, removal, storage, or disposal of commercial
vessels. 
   (B) In evaluating a grant request submitted by a local agency
pursuant to subparagraph (A), the  department  
division  shall place great weight on the following two factors:

   (i) The existence of an active local enforcement program to
control and prevent the abandonment of watercraft within the local
agency's jurisdiction.
   (ii) The existence of a submerged navigational hazard abatement
plan at the local level that provides for the control or abatement of
water hazards, including, but not limited to, abandoned watercraft,
wrecked watercraft, hazardous floating debris, submerged vessels and
objects, and abandoned piers and pilings.
   (C) A grant awarded by the  department  
division  pursuant to subparagraph (A) shall be matched by a
10-percent contribution from the local agency receiving the grant.
   (D) As a condition of receiving grant funding pursuant to this
paragraph, a local agency shall report to the  department
  division  data, as deemed appropriate by the
 department,   division,  regarding
abandoned and surrendered vessels removed or anticipated for removal
pursuant to this article.
   (2) Twenty percent shall be allocated as set forth in Section
1463.001 of the Penal Code.
   (e) The state shall not assume liability for any injuries or
damages to a person or entity, public or private, connected to or
resulting from the processing or disposal of a surrendered vessel, as
defined in Section 526.1.
   (f) The  department   division  may
adopt rules and regulations for the purpose of administering this
section.