Bill Text: CA AB2441 | 2017-2018 | Regular Session | Amended
Bill Title: Sacramento-San Joaquin Delta: removal of abandoned commercial vessels.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2018-09-19 - Chaptered by Secretary of State - Chapter 540, Statutes of 2018. [AB2441 Detail]
Download: California-2017-AB2441-Amended.html
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Amended
IN
Senate
August 21, 2018 |
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Amended
IN
Senate
June 28, 2018 |
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Amended
IN
Senate
June 19, 2018 |
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Amended
IN
Assembly
April 16, 2018 |
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Amended
IN
Assembly
March 13, 2018 |
| Assembly Bill | No. 2441 |
| Introduced by Assembly Member Frazier (Coauthors: Assembly Members Eggman and Grayson) (Coauthors: Senators Dodd and Glazer) |
February 14, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would additionally exclude from the above requirement relating to the use of rental income received from surface uses of public lands, all rental income from surface uses for lands in the Sacramento-San Joaquin Delta, as defined. The bill would create the
Sacramento-San Joaquin Delta Abandoned Vessel Removal Account in the General Fund and would require that moneys in the account be available, upon appropriation by the Legislature, to the commission for the removal of abandoned commercial vessels from lands and waterways, including tidelands and submerged lands, within the Sacramento-San Joaquin Delta.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
All rental income received for surface uses, including, but not limited to, surface drilling rights, upon lands under the jurisdiction of the State Lands Commission shall be deposited in the State Treasury to the credit of the General Fund, except as follows:
(a)Income from state school lands, as specified in Section 6217.5.
(b)Royalties received from extraction of minerals on the surface of those lands, as provided in Section 6217.
(c)(1)All rental income from surface uses for lands at Lake Tahoe.
(2)The rental income specified in paragraph (1) shall be deposited into the Lake Tahoe Science and Lake Improvement Account, for expenditure upon appropriation by the Legislature pursuant to Section 6217.6.1.
(d)(1)All rental income from surface uses for lands in the Sacramento-San Joaquin Delta.
(2)The rental income specified in paragraph (1) shall be deposited into the Sacramento-San Joaquin Delta Abandoned Vessel Removal Account, which is hereby created in the General Fund. Moneys in the account shall be available, upon appropriation by
the Legislature, to the commission for expenditure for purposes related to the removal of abandoned commercial vessels pursuant to Sections 6302.1, 6302.2, 6302.3, and 6302.4 from lands and waterways, including tidelands and submerged lands, within the Sacramento-San Joaquin Delta.
(3)For purposes of this section, “Sacramento-San Joaquin Delta” means the lands within the boundaries of the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo.
(a)(1)The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that 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 in a condition as to create a hazard to navigation, other vessels using a waterway, or the property of another.
(2)The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that 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.
(3)A vessel removed under this section that remains unclaimed for 30 days after notice of removal is abandoned property.
(4)After removal of the vessel pursuant to paragraph (1) or (2), the commission shall mail a notice to the owner, if known, and any known lienholder, that informs the owner and lienholder that if the vessel remains unclaimed for 30 days, it will be deemed abandoned property, and the commission may dispose of it pursuant to Section 6302.3.
(b)(1)The commission may remove from areas under its jurisdiction a vessel that has been placed on state lands without its permission. Prior to removal of the vessel, the commission shall do both of the following:
(A)Give a 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.
(2)If a vessel remains unclaimed after the expiration of the 30 days’ notice period and the 15 days’ owner notice, if applicable, in accordance with paragraph (1), it is abandoned property and the commission may direct the disposition of the property pursuant to Section 6302.3. The commission may also either remove the vessel or allow it to remain in place until the commission takes action to dispose
of the property.
(c)Upon request of the owner and after payment of the costs of removal and storage, the commission shall return to the owner a vessel removed under this section.
(d)The commission, at its discretion, may remove and dispose of an abandoned or derelict vessel on a navigable waterway in the state that is not under the jurisdiction of the commission pursuant to this section, if requested to do so by another public entity that has regulatory authority over the area where the vessel is located.
(e)(1)The commission may recover all costs incurred in removal actions undertaken pursuant to this section, including administrative costs and the costs of compliance with the requirements of the
California Environmental Quality Act (Division 13 (commencing with Section 21000)), through an appropriate action in the courts of this state or by use of any available administrative remedy.
(2)The commission shall deposit any moneys recovered from commercial vessel removal actions undertaken pursuant to paragraph (1) into the Sacramento-San Joaquin Delta Abandoned Vessel Removal Account, created pursuant to paragraph (2) of subdivision (d) of Section 6217.6.
(f)For purposes of this section the following definitions apply:
(1)“Appropriate action” means any cause of action available at law or in equity.
(2)“Commission” includes the staff or agents of
the commission or other federal, state, or local agencies operating in concert with or under the direction of the commission.
(3)“Unclaimed” means that an owner or a lienholder of the vessel has not contacted the 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.
(4)“Vessel” includes any of the following:
(A)A vessel, boat, raft, or similar watercraft.
(B)A buoy, anchor, mooring, or other ground tackle used to secure a vessel, boat, raft, or similar watercraft.
(C)A
hulk, derelict, wreck, or parts of a ship, vessel, or other watercraft.
