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SB-1597 Harbors and ports.(1999-2000)

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SB1597:v91#DOCUMENT

Senate Bill No. 1597
CHAPTER 282

An act to amend Section 70.4 of, and to add Sections 70.3 and 70.5 to, the Harbors and Navigation Code, relating to harbors and ports.

[ Filed with Secretary of State  September 01, 2000. Approved by Governor  August 31, 2000. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1597, O'Connell. Harbors and ports.
(1) Existing law prohibits cities, counties, and districts that have received funds for the construction or improvement of small craft harbors of refuge from excluding the use of those harbors by commercial boats.
This bill, additionally, would prohibit those cities, counties, and districts from excluding the use of those harbors by any vessel in need of a safe harbor for refuge purposes. The bill would define “harbor of safe refuge” for purposes of the bill, and would designate certain harbors in the state as harbors of safe refuge. To the extent the bill would impose new duties on entities of local government, the bill would impose a state-mandated local program.
The bill would require each vessel entering and using a harbor of safe refuge to pay the published fees for services rendered while in the harbor and to comply with all other applicable local, state, and federal laws while in the harbor and while using any facilities in the harbor. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 70.3 is added to the Harbors and Navigation Code, to read:

70.3.
 “Harbor of safe refuge” means a port, harbor, inlet, or other body of water normally sheltered from heavy seas by land and in which a vessel can navigate and safely moor, as set forth in Section 70.5.

SEC. 2.

 Section 70.4 of the Harbors and Navigation Code is amended to read:

70.4.
 No city, county, or district that has received, or is receiving, money under this division for the construction or improvement of a small craft harbor of refuge shall exclude, consistent with the intent of Section 40, the use of that harbor by a commercial boat, or any vessel in need of a safe harbor for refuge purposes. Each vessel entering and using a harbor of safe refuge pursuant to this section shall pay the published fees for services rendered while in the harbor and shall comply with all other applicable local, state, and federal laws while in the harbor and while using any facilities in the harbor.

SEC. 3.

 Section 70.5 is added to the Harbors and Navigation Code, to read:

70.5.
 (a) The following are harbors of safe refuge:
(1) Bodega Bay Harbor.
(2) Channel Islands Harbor.
(3) Crescent City Harbor.
(4) Dana Point Harbor.
(5) Fort Bragg Harbor.
(6) Humboldt Bay Harbor.
(7) Kings Harbor.
(8) Marina del Rey Harbor.
(9) Monterey Harbor.
(10) Morro Bay Harbor.
(11) Moss Landing.
(12) Newport Beach Harbor.
(13) Oceanside Harbor.
(14) Pillar Point Harbor.
(15) Port San Luis Harbor.
(16) Santa Barbara Harbor.
(17) Santa Cruz Harbor.
(18) Ventura Harbor.
(b) The use of any harbor listed in subdivision (a) for safe refuge purposes is subject to the suitability of that location as a harbor of safe refuge as determined by the cognizant Officer in Charge, Marine Inspection, United States Coast Guard, as described in the definition of “harbor of safe refuge” in Section 175.400 of Title 46 of the Code of Federal Regulations.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.