Bill Text: CA SB595 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tidelands and submerged lands: removal of vessels.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 595, Statutes of 2011. [SB595 Detail]

Download: California-2011-SB595-Amended.html

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BILL NUMBER: SB 595	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2011

INTRODUCED BY   Senator Wolk

                        FEBRUARY 17, 2011

   An act to amend  Section 523 of the Harbors and Navigation
Code, and to amend  Section 6302.1 of, and to add Sections
6302.2, 6302.3, 6302.4, and 6302.5 to, the Public Resources Code,
relating to tidelands and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 595, as amended, Wolk. Tidelands and submerged lands: removal
of vessels. 
   Existing law authorizes any peace officer, as described, any
employee or officer of the State Lands Commission designated by the
commission, or any lifeguard or marine safety officer employed by a
county, city, or district, while engaged in the performance of
official duties, to remove, and, if necessary, store a vessel, as
defined, removed from a public waterway under specified
circumstances.  
   This bill would eliminate the authority of any employee or officer
of the State Lands Commission designated by the commission, while
engaged in the performance of official duties, to remove and, if
necessary, store a vessel removed from a public waterway. 
   Existing law authorizes the  State Lands Commission
  commission  to remove from areas under its
jurisdiction any vessel, boat, raft, or other similar watercraft that
is left unattended and is moored, docked, or beached as to obstruct
traffic or to create a hazard to other vessels or property, that
poses critical and immediate danger to navigation or the public
health, safety, or welfare, or that hinders navigation or creates a
public nuisance.
   This bill would revise those provisions to authorize the
commission to remove those watercraft in those and similar conditions
immediately and without notice. The bill would authorize the
commission to remove and dispose of those watercraft and to remove
and dispose, from areas under its jurisdiction, watercraft that have
been placed on state lands without its permission if, prior to
removal, the commission gives a 30-day notice by posting notice on
the watercraft and notifying the owner and any lienholder, if known.
   Existing law authorizes the commission, through appropriate action
in the courts, to remove or destroy a vessel, boat, watercraft, or
other similar obstruction that hinders navigation or otherwise
creates a public nuisance in areas under the commission's
jurisdiction.
   This bill would, instead, provide that a hulk, derelict, wreck, or
parts of a ship, vessel, or other watercraft sunk, beached,
grounded, or floating and allowed to remain in an unseaworthy or
dilapidated condition in areas under the commission's jurisdiction
for a period longer than 30 days without its consent is abandoned
property. The bill would establish procedures for the commission to
sell, destroy, or otherwise dispose of this property. The bill would
require that any proceeds from the sale of this property, less the
commission's costs, be deposited into the General Fund. The bill
would further authorize the commission, at its discretion, to remove
an abandoned or derelict vessel on a navigable waterway that is not
under its jurisdiction, if requested to do so by another public
entity that has regulatory authority over the area where the vessel
is located. 
   This bill would exempt the above-described actions of the
commission related to the removal, disposal, and destruction of
certain vessels, boats, rafts, watercraft, or other similar
obstructions that hinder navigation or otherwise create a public
nuisance from laws or regulations that govern the acquisition,
removal, disposal, or destruction of state property by a state
agency. 
   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 523 of the   Harbors
and Navigation Code   is amended to read: 
   523.  (a) Any peace officer, as described in Section 663 
, any employee or officer of the State Lands Commission designated
by the State Lands Commission  , or any lifeguard or marine
safety officer employed by a county, city, or district while engaged
in the performance of official duties, may remove, and, if necessary,
store a vessel removed from a public waterway under any of the
following circumstances:
   (1) When the vessel is left unattended and is moored, docked,
beached, or made fast to land in a position that 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) When the vessel is found upon a waterway and a report has
previously been made that the vessel has been stolen or a complaint
has been filed and a warrant thereon issued charging that the vessel
has been embezzled.
   (3) When the person or persons in charge of the vessel are by
reason of physical injuries or illness incapacitated to an extent as
to be unable to provide for its custody or removal.
   (4) When an officer arrests any person operating or in control of
the vessel for an alleged offense, and the officer is, by any
provision of this code or other statute, required or permitted to
take, and does take, the person arrested before a magistrate without
unnecessary delay.
   (5) When the vessel interferes with, or otherwise poses a danger
to, navigation or to the public health, safety, or welfare.
   (6) When the vessel poses a threat to adjacent wetlands, levies,
sensitive habitat, any protected wildlife species, or water quality.
   (7) When a vessel is found or operated upon a waterway with a
registration expiration date in excess of one year before the date on
which it is found or operated on the waterway.
   (b) Costs incurred by a public entity pursuant to removal of
vessels under subdivision (a) may be recovered through appropriate
action in the courts of this state.
   SECTION 1.   SEC. 2.   Section 6302.1 of
the Public Resources Code is amended to read:
   6302.1.  (a) (1) The commission may take immediate action, without
notice, to remove from areas under its jurisdiction a vessel, boat,
raft, or other similar watercraft 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, boat, raft, or
other similar watercraft 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) After removal of the vessel, boat, raft, or other similar
watercraft 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 the commission may dispose of
the vessel, boat, raft, or other similar watercraft pursuant to
Section 6302.3 if it remains unclaimed for 30 days.
   (b) (1) The commission may remove from areas under its
jurisdiction a vessel, boat, raft, or other similar watercraft, or a
buoy, anchor, mooring, or other ground tackle used to secure a
vessel, boat, raft, or other similar watercraft that has been placed
on state lands without its permission. Prior to removal of the
vessel, boat, raft, or other similar watercraft, or the buoy, anchor,
mooring, or other ground tackle, the commission shall give a 30-day
notice by attaching it to the vessel, boat, raft, or other similar
watercraft, or to the buoy, anchor, mooring, or other ground tackle.
If the owner or any lienholder is known, the commission shall also
mail a notice to the owner and the lienholder.
   (2) After the expiration of the 30 days' notice period as provided
in paragraph (1), the commission may remove the vessel, boat, raft,
or other similar watercraft, or the buoy, anchor, mooring, or other
ground tackle or allow it to remain in place until disposed of as
provided in Section 6302.3.
   (c) Pursuant to Section 6302.2, the commission may dispose of a
vessel, boat, raft, or other similar watercraft, or a buoy, anchor,
mooring, or other ground tackle removed under this section that
remains unclaimed 30 days after removal.
   (d) Upon request of the owner and after payment of the costs of
removal and storage, the commission shall return to the owner a
vessel, boat, raft, or other similar watercraft, or a buoy, anchor,
mooring, or other ground tackle removed under this section.
   (e) The commission may recover costs incurred in removal actions
undertaken pursuant to this section through appropriate action in the
courts of this state.
   (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.
   SEC. 2.   SEC. 3.   Section 6302.2 is
added to the Public Resources Code, to read:
   6302.2.  (a) A hulk, derelict, wreck, or parts of a ship, vessel,
or other watercraft, sunk, beached, grounded, or floating and allowed
to remain in an unseaworthy or dilapidated condition in areas under
the commission's jurisdiction for a period longer than 30 days
without its consent is abandoned property.
   (b) Pursuant to Section 6302.3, the commission may take title to
abandoned property described in subdivision (a) for the sole purpose
of abatement, and without satisfying any lien on the property, may
cause the property to be sold, destroyed, or otherwise disposed of in
any manner it determines is expedient or convenient. Title to
property transferred by the commission by sale or otherwise to third
parties shall be clear of any lien or encumbrance.
   (c) Prior to making a disposition of abandoned property pursuant
to Section 6302.3, the commission shall use reasonable means to
identify and locate the owner and any lienholder. If the owner is
located, the commission shall give the owner written notice to remove
the property by a date certain at least 15 days from the date of the
notice. Notice to the owner to remove the property shall also be
posted on the property, if practicable, in a clearly visible place.
If the owner cannot be located or the owner fails to respond to the
mailed or posted notice or fails to remove the property within the
time provided or extended, the commission may direct disposition of
the property pursuant to Section 6302.3.
   (d) 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 in which an action may be properly
brought 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 received shall be
deposited into the General Fund.
   (e) The commission, at its discretion, may remove 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.
   SEC. 3.   SEC. 4.   Section 6302.3 is
added to the Public Resources Code, to read:
   6302.3.  (a) The commission shall direct disposition of property
subject to disposal pursuant to Section 6302.1 or 6302.2 at a
properly noticed commission meeting. The commission shall use
reasonable means to identify and locate the owner and any lienholder
of property that may be disposed of at that hearing.
   (b) Notice of that meeting shall be given to a known owner and
known lienholder, and the known owner, lienholder, or other
interested party shall be given the right to appear and be heard
prior to disposition of the property.
   (c) A hearing on the disposition of property held pursuant to this
section shall be an informal hearing pursuant to Section 11445.20 of
the Government Code, unless designated as a formal hearing by the
commission.
   (d) Any action with regard to the disposition of the property as
directed by the commission, with the exception of returning the
property to the owner, shall be delayed for 30 days after the date of
the commission's determination, to permit response by the owner.
   SEC. 4.   SEC. 5.   Section 6302.4 is
added to the Public Resources Code, to read:
   6302.4.  (a) At the request of the commission, an employee or
agent of the commission or a peace officer of the federal or state
government or a city, county, or other political subdivision of the
state shall have the authority to board a vessel for the purposes of
carrying out Section 6302.1, 6302.2, or 6302.3.
   (b) An action of the commission with regard to any property
acquired or disposed of pursuant to Section 6302.1, 6302.2, or 6302.3
is exempt from  the requirements of the California
Environmental Quality Act (Division 13 (commencing with Section
21000)), and from any other law or regulation that governs the
  laws or regulations that govern the  acquisition,
disposal, or destruction of property by a state agency.
   SEC. 5.   SEC. 6.   Section 6302.5 is
added to the Public Resources Code, to read:
   6302.5.  To the extent that Sections 6302.1, 6302.2, 6302.3, and
6302.4 may be in conflict with Article 1 (commencing with Section
510) of Chapter 3 of Division 3 of the Harbors and Navigation Code,
Sections 6302.1, 6302.2, 6302.3, and 6302.4 shall govern.