HomeMy WebLinkAboutMINUTES - 07222008 - C.49 SEAL Contra
TO: BOARD OF SUPE=RVISORS
FROM: JOHN CULLEN, Costa
County Administrator, Y a
DATE: July 8, 2008 )U County
SUBJECT: SUPPORT POSITION on AB 1950 (Lieu): Abandoned Vessels
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
SUPPORT Assembly Bill 1950 (Lieu), a bill that establishes a pilot program that authorizes the sale of
surrendered vessels, which are defined in the bill, to law enforcement or local agencies prior to their
potential or eventual abandonment and increases the penalty for abandoning a vessel upon a public
waterway or public or private property from $500 to $1000, as recommended by Supervisor Mary N.
Piepho.
FISCAL IMPACT:
No fiscal impact on Contra Costa County.
BACKGROUND:
The Department of Boating and Waterways (DBW) administers the Abandoned Watercraft Removal
Program to provide grants to local agencies to,help pay the costs of removal, storage, and disposal of
abandoned and wrecked vessels that pose navigational hazards on the public waterways. The
Governor's budget proposes grants totaling $500,000 for 2008-09.
Existing law also deems the registered owner of an abandoned vehicle responsible for the costs of
abating and disposing of the vehicle. Boats that are abandoned for more than 30 days on publicly
owned lands or tidelands are subject to sale. Fines for abandonment are a $500 minimum penalty
and a maximum of $3000. Eighty percent of the money collected as fines are deposited in the
Abandoned Watercraft Abatement Fund (AWAF). Upon appropriation by the Legislature, money in
the AWAF may be used for grants to be awarded by DBW to local agencies for the abatement and
removal of abandoned, wrecked, and dismantled vesselsor p rts of those vessels.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO I TTEE
APPROVE. OTHER
SIGNATCiRE(S):
ACTION OF BO RI ON 11 2� �� APPROVED AS RECOMMENDED _ OT '•R
VO'I l:OF SUPERVISORS I I IEREBY CERTIFY II IATTI-IIS IS A TRUE AND CORRECT COPY
OF AN ACTION 'TAKEN AND ENTERED ON MINUTES OF THE
BOARD OF SUPERVISORS ON TI IF.DATE SHOWN.
UNANIM(.)I!S(ABSENT �(�j �— )
AYES: NOES: _
ABSENT: ABSTAIN:
Contact:
L.Delaney 5-1097
Cc: ATTESTED
L.Del.ancy,CAO's Office J(. 1J I 'LERK OE THE BOARD OFSUPERVISORS
Supervisor Man!N.Piepho's officc
Sheriff-Coroner's Office
BY: DI-PUTY
AB 1950 (Abandoned Vessels)—p. 2 �,aa-dam
July 22, 2008
Existing law authorizes wrecked property that is an unseaworthy derelict or hulk, or abandoned
property removed from a navigable waterway, to be sold or otherwise disposed of by the public
agency that removed or caused the removal of the property, subject to certain conditions.
The Sheriff's Office has removed more than 300 derelict recreational vessels from the county's
waterways since 1987, according to a recent Contra Costa County Grand Jury report. Since fiscal
year 2002-03, the Contra Costa County Sheriff's Office has spent more state grant money than any
agency in California, according to state records.
PROPOSED LAW
AB 1950 establishes a pilot program that authorizes the sale of surrendered vessels, which are
defined in the bill, to law enforcement or local agencies prior to their potential or eventual
abandonment. As defined, "surrendered vessels" means a vessel that the verified title holder has
willingly surrendered to a public agency under both following conditions: (a) The public agency, in its
discretion, has determined, that the vessel is in danger of being abandoned, and therefore has a
likelihood of causing environmental degradation or becoming a hazard to navigation; and (b) That the
decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and
cause environmental degradation or become a hazard to navigation.
The bill increases the current fine amount for vessel abandonments from $500 to $1,000. It allows the
use of grant funds from the existing AWAF to dispose of the surrendered vessel abandonments. The
bill requires DBW to track the number of surrendered vessels accepted by a public agency for
disposal under AWAF grant funding over a two-year period from January 1, 2009 to January 1, 2011.
Requires DBW to report the information, along with any recommendations to revise or continue the
pilot program, to the Assembly Transportation Committee and the Senate Transportation and
Housing Committee by July 1, 2011. The bill also immunizes the state from liability in connection with
injuries or damages associated with the processing or disposition of a surrendered vehicle. The
provisions of the bill would sunset on January 1, 2012.
According to the author, the benefit of creating a vessel turn-in program is that owners would be able
to avoid .civil fines by turning in boats that pose either an environmental or navigational hazard. The
author contends that existing law is adequate to abate abandoned vehicles but is inadequate to help
prevent the abandonment of dilapidated vessels.
SUPPORT
California Association of Harbor Masters and Port Captains, California Marine Parks and Harbors
Association, California Police Chiefs Association, California Police Officers' Association, California
State Sheriffs Association, California Yacht Brokers Association, Marine Recreation Association,
Northern California Marine Association, Recreational Boaters of California, Southern California
Marine Association, Western Boaters Safety Group
OPPOSITION
None Received
STATUS:
06/24/2008 From SENATE Committee on NATURAL RESOURCES AND WATER: Do
pass to Committee on APPROPRIATIONS.
AMENDED IN SENATE JUNE 16, 2008.
AMENDED IN ASSEMBLY MARCH 24, 2008
CALIFORNIA LEGISLATURE-2Oo7—O8 REGULAR SESSION
ASSEMBLY BILL No..1950
Introduced by Assembly Member Lieu'
.(Coauthor: Assembly Member Lieber): .
(Coauthors: Senators Cox and Wiggins)
February 13, 2008
An act to amend Sections 525 and 526 of, and to add.and repeal
Section 526.1 of,the.Harbors and Navigation Code,relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
AB 1.950, as amended, Lieu. Vessels: abandonment: abatement.
Existing law. makes it an infraction with a minimum $500 fine and
maximum $3,000 fine for a person to abandon a vessel upon a public
waterway or public or private property without the express or implied
consent of the owner or person,in lawful possession or control.of the
property, except:for the urgent'and ilnrrlediate concern for the safety of
those aboard the vessel. Existing law provides that 801/o-of theMoney
moneys collected as fines shall be; deposited in the Abandoned .
Watercraft Abatement Fund,a special fund. Upon appropriation by the
Legislature., money moneys in. the fund may be used for grants to be
awarded by the Department of Boating;and Waterways to local agencies
for the abatement and removal of abandoned,wrecked,and dismantled
vessels, or parts of those vessels.
This bill would increase the minimum fine to $1,000. The bill would
also allow theme moneys in the fund to be used for.the abatement
and removal of a hulk, derelict,wreck, or parts of any:ship, or other
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watercraft sunk, beached, or allowed to remain in an unseaworthy or
dilapidated condition upon municipal or other public corporation
property, and for the disposal of a surrendered vessel, as defined.
This bill would prohibit the state firom assuming liability to a person
or enfity,public or private,fof• arty ify'uries or damages connected to
or resulting fi^om the processing or disposal of a surrendered vessel.
Existing,law authorizes wrecked property that is an unseaworthy
derelict or hulk, or abandoned property removed from a navigable
waterway,as specified,to be sold or otherwise disposed of by the public
agency that removed or caused the.re:moval of the property,.subject to ..
certain conditions, including that the property has beeli appraised by
disinterested persons, and has an estimated value of less than $2,000.
This bill would, until January 1, 2012, except from those provisions
a surrendered vessel,as defined.The bill would require the Department
of Boating and Waterways to track the number of surrendered vessels
accepted by a public agency that disposes of those vessels using grant
funds from the Abandoned Watercraft Abatement Fund from January
1, 2009, to January 1, 2012, inclusive, and the total. amount of .
expenditure from that fund for surrendered vessels during the same
period.The bill would require the department to report that information
to the Assembly Transportation Committee and the Senate
Transportation and Housing Committee with any recommendations for
revising or continuing the use of fund moneys for those.purposes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of'the State of'California do enact asfollows..
1 SECTION 1. Section 525 of the Harbors and Navigation Code
2 is amended to read:
3 525. (a) Except for the urgent and immediate concern for the
4 safety of those aboard a vessel,a person shall not abandon a vessel
5 upon a public waterway or public or private property without the
6 express or implied consent of the owner or person in lawful
7 possession or control of the property.
8 (b) The abandonment of a vessel in a manner as provided in
9 subdivision (a) is prima facie evidence that the last registered
10 owner of record, not having notified the appropriate registration
11 or documenting agency of any relinquishment of title or interest
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AB 1950 .
1 therein, is responsible for the abandonment and is,thereby liable
2 for the cost of the removal and disposition of the vessel.
3 (c) A violation of this section is an infraction and shall be
4 punished by a fine of not less than one thousand dollars. ($1,000),
5 nor more than three thousand dollars.($3,000). In addition, the
6 court may order the defendant to pay to.the agency that removes
7 and disposes of the vessel the actual costs incurred:by the agency
8 for that removal and disposition..
9 (d) Fines imposed and. collected pursuant to this section shall
10 be allocated as follows:
11 (1) (A) Eighty percent of the moneys shall be deposited in the
12 Abandoned Watercraft Abatement Fund, which is hereby created
13 as a special fund. Moneys in the fund shall be used exclusively, .
.14 upon appropriation by the Legislature, for.grants to:be awarded
15 by the department to local agencies,for the abatement, removal, .
16 storage, and disposal as public nuisances of any;,abandoned
17 property as described in Section 522 or for the `disposal of
18 surrendered vessels as defined in Section 526.1, wrecked or
19 dismantled vessels, or parts thereof, or any other partially .
20 submerged objects that pose a substantial hazard ;to';navigation,
21 from navigable waterways or adjacent public property or private
22 property with the landowner's consent. These grants shall not be
23 utilized for abatement,removal,storage,or disposal of commcrcial
24 vessels.
25 (B) in evaluating a grant request submitted by a local agency
26 pursuant to subparagraph (A), the department shall'.place great
27 weight on the following two factors:
28 (i) The existence of an active local enforcement ,program to
29 control and prevent the abandonment of watercraft within the local
30 agency's jurisdiction.
31 (ii) The existence of a submerged navigational hazard abatement
32 plan.at the local level that provides for the control or abatement
33 of water hazards, including, but not limited to, abandoned
34 watercraft, wrecked watercraft, hazardous floating debris, .
35 submerged vessels and objects, and abandoned piers and pilings.
36 (C) A grant awarded by the department pursuant to subparagraph
37 (A) shall be matched by a 10-percent contribution from the local
38 agency receiving the grant.
39 (2) Twenty percent shall be allocatedas set forth in Section
. 40 .1463.001 -of the Penal Code.
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1 (e) The state shall not assume liability to a person or entity,
2 public or private, for atiy ii7 cries or damages connected to or
3 resulting fi•oin the processing or disposal of a surrendered vessel,
4 as defined in Section 526.1.
5 SEC. 2. Section 526 of the Harbors and Navigation Code is
6 amended to read:
7 526. (a) Notwithstanding any other provision of law, any
8 wrecked property that is an unseaworthy derelict or hulk,
9 abandoned property as described in Section 522, or property
10 removed from a navigable;waterway pursuant to Section 523 or
11 524 that is an unseaworthy derelict or hulk, may.be sold or
12 otherwise disposed of by the public agency that removed or caused
13 the removal of the property pursuant to this section; subject to the
14 following conditions, except a surrendered vessel, as defined in
15 Section 526.1, may be disposed of immediately upon acceptance
16 by a public agency and is not subject to the following conditions:
17 (1) The property has been appraised by disinterested persons,
18 and has an estimated value of less than two thousand dollars
19 ($2,000).
20 (2) There is no discernable registration, license, hull.
21 identification number,or other identifying insignia on the property,
22 or the Department of Motor Vehicles is unable to produce any
23 record of the registered or legal owners or lienholders.
24 (3) Not less than 72 hours before the property was removed,
25 the peace officer or authorized public employee securely attached
26 to the property a distinctive notice stating that the property would
27 be removed by the public agency.
28 (4) Within 48 hours after the removal, excluding weekends and
29 holidays, the public agency that removed or caused the removal
30 of the property sent notice of the removal to the registered and
31 legal owners, if known or discovered subsequent to the removal,
32 at their addresses of recordwith the Department of Motor Vehicles,
33 and to any other person known to have an interest in the property.
34 A notice sent by the public agency shall be sent by certified or
35 first-class mail.
36 (5) 1f the public agency is unable to locate the registered and
37 legal owners of the property or persons known to have an interest
38 in the property as provided in paragraph (4), the public agency
39 published, or caused to be published, the notice of removal for at
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I least two weeks in succession in one or more daily newspapers
2 circulated in the county.
3 (b). The notice of removal required by paragraphs (3) to (5),
4 inclusive, of subdivision (a) shall state all of the following:
5 (1) The name, address, and telephone number of the public
6 agency providing the notice.
7 (2) A description of the property removed.
8 (3) The location from which the property is to be or was
9 removed.
10 (4) The location of the intended or actual place of storage.
11 . . (5) The authority and purpose: for removal of the property.
12 (6) A statement that the property may be claimed and recovered
13 within 15 days of the date the notice of removal was issued
14 pursuant to paragraph (4) or (5) of subdivision (a), whichever is
15 later, after payment of any costs incurred by the public agency
16 related to salvage and storage of the property, and that following
17 the expiration of the 15-day period, the property will be sold or
18 otherwise disposed of by the public agency.
19 (7) A statement that the registered or legal owners or any other
20 person known to have .an interest in the property have the
21 opportunity for a poststorage hearing before the public agency that .
22 removed, or caused the removal of, the property to determine the .
. 23 validity of the removal and storage if a request for a hearing is
24 made in person or in writing to that public agency within 10 days
25 from the date of notice; that if the registered or legal owners or
26 any other person known to have an interest in the property disagree
27 with the decision of the public agency, the decision may be
28 reviewed pursuant to Section 11523 of the Government Code; and
29 that during the time of the initial hearing, or during the time the
30 decision is being reviewed pursuant to Section 11523 of the
31 Government Code, the vessel in question shall riot be sold or
32 otherwise disposed of.
33 (c) (1.) Any requested hearing shall be conducted within 48
34 hours of the time the request for a.hearing is received by the public
35 agency, excluding weekends and holidays.The public agency that
36 removed the vehicle may authorize its own officers:or employees
37 to conduct the hearing,but the hearing officer shall not be the same
38 person who directed the removal and storage of the property.
39 (2) The failure of either the registered or legal owners or any
40 other person known to have an interest in the property to request
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AB 1950 —6--
1 or attend a scheduled hearing shall not affect the validity of the
2 hearing..
3 (d) The property may be claimed and recovered by its registered
4 and legal owners,or by any other person known tohave an interest
5 in the property, within 15 days of the date the notice,of removal
6 was issued pursuant to paragraph (4) or.(5).of subdivision (a),
.7 whichever is later,after payment of any costs incurred by the public
8 agency related to salvage and storage of the property.'.
9 (e) The property may be' sold or otherwise disposed of by the
10 public agency not less than 15 days from the date the notice of
11. removal was issued pursuant to paragraph(4).or(5)of subdivision
12 (a), whichever.is later, or.the date of actual removal, whichever is
13 later.
14 (f) The proceeds from the sale of the property, after deducting
15 expenses for salvage, storage, sales costs, and any property tax
16 liens, shall be deposited in the Abandoned Watercraft Abatement
17 Fund for grants to local agencies, as specified in paragraph (1) of .
18 subdivision(d) of Section 525.
19 (g) It is the intent of the Legislature that this section shall not
20 be construed to authorize- the .lien sale or destruction of any
21 seaworthy vessel, other than a surrendered vesseli as defined in
22 Section 526.1, that is currently registered and, operated in
23 accordance with local, state, and federal law.
24 SFC. 3. Section 526.1 is added to the Harbors and'Navigation -
25 Code, to read:
26 526.1. (a) For purposes of this article, "surrendered vessel"
.27 means a vessel that the verified titleholder has willingly
28 surrendered to a willing public agency under both of the following
29 conditions:
30. (1) The public agency has determined,in its sole discretion,that
31 the vessel is in danger of being abandoned, and therefore has a .
32 likelihood.of causing environmental degradation or becoming a .
33 hazard to navigation.
34 (2) The decision to accept a. vessel is based solely on the
35 potential of the vessel to likely be abandoned .and cause
36 environmental degradation or become a hazard to navigation.
37 (b) The department shall track the number of surrendered vessels.
38 accepted by a public agency that: disposes of surrendered vessels
39 using grant funds from the Abandoned Watercraft Abatement Fund .
40 between January 1, 2009, and January 1, 2011. The department
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1 shall.also track the total expenditure from the fund for surrendered
2 vessel abatement during,the same period. On or before July 1,
3 2011,-the department shall report this information to the Assembly
4 Transportation Committee. and the Senate Transporatation and
5 Housing Committee, along with any recommendations to revise
6 or continue the use of fund moneys for these purposes.
7 (c) This section shall remain in effect only until January 1,2012' .
8 . and as of that date is repealed, unless a later enacted statute, that
9 is enacted before January 1, 2012, deletes or extends that date.
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