Bill Text: CA SB595 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: SB 595 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2011
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 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 a
vessel, as defined, 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 a vessel that has 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 to remove the vessel, as
prescribed, and uses reasonable means to identify and locate
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
that remains unclaimed for a period longer than
30 days without its consent after notice of
approval 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, a
vessel 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 the State Contract
Act .
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, 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.
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) A vessel removed under this section that remains unclaimed for
30 days after notice of removal is abandoned property.
(3) After removal of the vessel, boat, raft, or other similar
watercraft
(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 the property will be declared
abandoned if it remains unclaimed for 30 days and 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. that has been placed on state
lands without its p ermission. 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.
(d)
(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 , boat, raft, or other similar watercraft, or
a buoy, anchor, mooring, or other ground tackle 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) The commission may recover all costs incurred in
removal actions undertaken pursuant to this section through
appropriate action in the courts of this state. ,
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 the
courts of this state or by use of any available administrative
remedy.
(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) "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.
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. 4. SEC. 3. 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.
6302.3. (a) The commission, at a properly noticed
commission hearing, may take title to an abandoned vessel subject to
disposal pursuant to Section 6302.1 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 is expedient or convenient. Those abandoned
vessels shall not be considered surplus state property for the
purposes of removal, disposal, or destruction. Title to property
transferred by the commission by sale or otherwise to third parties
shall be clear of any lien or encumbrance.
(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. allow the owner to pursue any other cause of
action in law or equity.
(e) 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.
SEC. 5. SEC. 4. 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 laws or regulations that govern the
acquisition, disposal, or destruction of property by a state agency.
or 6302.3 is exempt from the State Contract Act
(Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of
the Public Contract Code).
SEC. 6. SEC. 5. 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.
