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AB-2441 Sacramento-San Joaquin Delta Abandoned Vessel Removal Account: removal of abandoned commercial vessels.(2017-2018)

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Date Published: 06/28/2018 09:00 PM
AB2441:v95#DOCUMENT

Amended  IN  Senate  June 28, 2018
Amended  IN  Senate  June 19, 2018
Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  March 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2441


Introduced by Assembly Member Frazier
(Coauthor: Assembly Member Eggman)(Coauthors: Assembly Members Eggman and Grayson)
(Coauthors: Senators Dodd and Glazer)

February 14, 2018


An act to amend Sections 6217.6 and 6302.1 of, and to add Section 6302.2 to, the Public Resources Code, relating to the Sacramento-San Joaquin Delta.


LEGISLATIVE COUNSEL'S DIGEST


AB 2441, as amended, Frazier. Sacramento-San Joaquin Delta Abandoned Vessel Removal Account: removal of abandoned commercial vessels.
Existing law vests with the State Lands Commission control over specified public lands in the state, including tidelands and submerged lands. Existing law requires that all rental income received for surface uses, including, but not limited to, surface drilling rights, upon lands under the jurisdiction of the commission be deposited in the State Treasury to the credit of the General Fund, except for certain income from state school lands, royalties received from the extraction of minerals on the surface of those lands, and all rental income from surface uses for lands at Lake Tahoe.
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.
Existing law authorizes the commission to 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. Existing law authorizes the commission to recover all costs incurred in removal actions undertaken pursuant to those provisions, including administrative costs and the costs of compliance with the California Environmental Quality Act.
This bill would require that the commission deposit any moneys recovered from commercial vessel removal actions undertaken pursuant to those provisions into the account. The bill would require the commission, in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, by July 1, 2019, to develop a plan for the removal of abandoned commercial vessels using those moneys, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 6217.6 of the Public Resources Code is amended to read:

6217.6.
 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 provided 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.

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 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.

SEC. 3.

 Section 6302.2 is added to the Public Resources Code, to read:

6302.2.
 (a) The commission shall, in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, by July 1, 2019, develop a plan for the removal of abandoned commercial vessels to be funded using moneys from the Sacramento-San Joaquin Delta Abandoned Vessel Removal Account, created pursuant to paragraph (2) of subdivision (d) of Section 6217.6.
(b) The plan required to be developed pursuant to subdivision (a) shall prioritize the removal of vessels based on the risk an abandoned commercial vessel presents to the environment of the Sacramento-San Joaquin Delta and to the health and safety of the public.
(c) 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.