RBOC Advocates for Legislation to Allow Existing Floats to be Maintained

RBOC testified in today’s Assembly Environmental Safety and Toxic Materials Committee, advocating for the author and committee to revise legislation so that existing floats can be maintained without triggering a requirement that they be replaced with new floats with fully enclosed plastic foam.

RBOC will continue its engagement with Assembly Member Laura Friedman [D-Burbank] and the proponents of AB 2916 as the measure moves forward and has informed the author that it will oppose the legislation if this issue is not resolved.

As stated in the committee’s analysis of AB 2916:

“Since the intent of AB 2916 is to prevent the release of EPS or other plastic foam to the waters, the current language is requiring existing overwater structures, block or float to be in compliance at the time that existing structures are "repaired or maintained."  Other legislation outside the state, for example the State of Washington, provides the following statement:  "Nothing in this section applies to any dock sold, distributed or installed prior to January 1, 2024" (date when the law went in effect).  The language of the State of Washington is referred to as a 'grandfather clause.'  This clause addresses the concerns of stakeholders with regards to costly labor that would be required in order to make changes to existing overwater structure, blocks or floats.  Furthermore, the current language uses the word "maintenance" which has broad implications.  As this bill moves through the legislative process, the author may wish to consider conversations with stakeholders to further clarify if or when the bill applies to existing structures.”

RBOC advocate Jerry Desmond [far right] testifying on AB 2916 in the Assembly Environmental Safety and Toxic Materials Committee on April 23.

RBOC Requesting Resolution of Key Concerns with Marine Flare Legislation

SB 1066 [Blakespear] would establish an extended producer responsibility requirement for marine flares.

RBOC appreciates the conversations we have had to-date with Senator Blakespear and the proponents regarding the provisions and objectives of SB 1066 that would establish an extended producer responsibility requirement for marine flares.

The recreational boating community has been engaged in the state’s efforts to facilitate and encourage boaters to voluntarily turn in their marine flares through the past several years with the California Boating Clean and Green Campaign that receives the financial support of boater fees and taxes.

With SB 1066 scheduled to be heard in the Senate Committee on Environmental Quality on April 3, RBOC has re-confirmed the issues we have identified and their status with the author and committee:

That the bill not propose a ban marine flares.

  • RBOC appreciates that the legislation does not propose a ban and that there is no plan to do so.

That there be an effort to work as collaboratively as possible with the marine flare manufacturers.

  • It is our understanding that a dialogue has recently occurred, but that so far, that there is no collaboration at this time, and that the leading marine flare manufacturer is opposed to the measure.

That there be a recognition that marine flares are a mandatory and essential public safety feature.

  • Visual distress signals are an essential part of the safety equipment of a recreational vessel and are required by federal regulations.

  • SB 1066 does not recognize the essential safety function of marine flares. To the contrary, proposed Health and Safety Code Section 25000 states that the purpose of the Marine Flare Producer Responsibility Act of 2024 “is to provide for the safe and proper management of pyrotechnic marine flares, which pose significant threats to health and safety and may cause significant and costly damage to the environment when managed improperly.”

That there be an acknowledgement that alternatives are not effective during daytime hours.

  • The reason flares are mandatory is that they may be the only way for a boater whose craft is disabled to be found by a rescue attempt. This is a health and safety issue itself. If a mayday call is made, the rescuer still must locate the craft; and often that search and rescue operation takes place over large fields of open water in the dark. Many of today's electronic beacons are barely visible in those conditions.

  • The legislation is likely to cause boaters to turn to electronic alternatives due to the significant cost increases for traditional flares, even when they are ineffective. The legislation does not address this issue.

That the provisions avoid a significant cost impact on individual boaters that could become a disincentive to purchases.

  • The legislation is more than likely to significantly increase the price recreational boaters pay for marine flares:

    • SB 1066 places a financial burden on marine flare producers to create a producer responsibility organization, as well as develop and implement plans for the collection, transportation, and the safe and proper management of the flares including the acceptance and management of all flares at the end of their useful life. We'd like to know more about those costs, but at this stage, it appears that burden might drive effective night flares completely out of the market.

    • Significant funding will also be required for the Department of Toxic Substances Control’s actual and reasonable regulatory costs, which include full personnel costs, the actual regulatory development costs and other startup costs incurred prior to plan submittal and approval.

    • The absence of a robust, competitive business environment is likely to lead to the new costs imposed by SB 1066 being borne by the recreational boaters.

For these reasons, RBOC has adopted an opposition position on the current version of SB 1066. We will remain engaged and look forward to additional discussions.

 

RBOC Lobbies California Legislators on Key 2024 Issues

Members of the RBOC Board of Directors met with their representatives in the State Legislature on March 12 to advocate the interests of the state’s recreational boaters on proposals ranging from boat fuel taxes and registration fees, outdoor on-the-water opportunities, marine flares, offshore wind energy, and polystyrene buoys, docks, and piers. This action-packed day is a key component of RBOC’s ongoing engagement in the State Capitol.

For RBOC’s Key Issue Update - click here

RBOC Officers and Directors “Hitting the Hill” in Sacramento

Statistics Show Decline in Reported Boating Incidents, Injuries & Fatalities

The Division of Boating of Waterways noted at today’s Boating and Waterways Commission meeting that the number of recreational boating incidents, injuries and fatalities reported to the division in 2023 has decreased from the previous year:

Source - Division of Boating and Waterways December 6, 2023 Boating and Waterways Commission Meeting

Boat Registration Fee Increase Update

RBOC is pleased to report that the efforts of thousands of individual boaters, the boating community and industry, and our national advocacy partner BoatUS have saved California boaters from paying $60 more in state boat registration fees that would have begun July 1 of this year.

The legislation establishing California’s 2023-2024 fiscal year budget did not resolve the ongoing $20 million annual deficiency in the Division of Boating and Waterways’ Harbors and Watercraft Revolving Fund. The issue has not been finally resolved and the issue will be revisited in 2024 when the Legislature convenes the second year of the 2023-2024 legislative session.

State Urges Boaters Complete Short Survey to Improve its free Pumpout Nav app

The California State Parks Division of Boating and Waterways [DBW] is requesting boater feedback by September 8 on a short, anonymous survey to help improve the Pumpout Nav app for boat owners to use:

Dear Boaters:

The California State Parks Division of Boating and Waterways, along with the San Francisco Estuary Partnership, invite you to participate in an evaluation to improve the FREE Pumpout Nav app by completing a short survey. No previous experience with the app is needed. The survey should only take about five minutes to complete, and responses are confidential. No personal or identifying information will be collected. Your help is pretty important to us!

The Pumpout Nav app allows you to search for nearby sewage pumpout facilities, dump stations, and floating restrooms, and provides information on a number of topics that are interesting and relevant to boaters.

The link to the survey is HERE
Deadline to complete this survey is September 8th

Join other boaters in providing your valuable feedback to help us keep our waterways clean and safe for all!

Thank you for your help

Update on RBOC-BoatU.S. Call to Action - Vessel Registration Fee Increase

An update, with thanks to thousands of boaters who have been contacting their elected representatives in the California Senate and Assembly regarding the Governor’s proposal to increase boat registration fees by 300%.

The Governor has announced his signature of a package of 24 measures that includes the budget bill junior as well as numerous budget trailer bills: https://www.gov.ca.gov/2023/07/10/governor-newsom-signs-infrastructure-budget-legislation-to-build-more-faster/

This package does not include a revision to the vessel registration fees [set forth in Vehicle Code Section 9853].  The text of the previously announced budget trailer bill has not surfaced.

This package does not include an extension of the 1-1-24 sunset of the statute providing that a portion of initial vessel registration fees is provided to CARB [set forth Vehicle Code Section 9853.6].  It is our understanding that SB 84  [Gonzalez] that would extend the sunset will not move forward, and that AB 241 [Reyes] which as amended no longer includes this provision is the measure that may move forward.

The ongoing deficiency in the state Harbors and Watercraft Revolving Fund has therefore not been resolved for the state fiscal year that began on July 1.

The Governor and his administration have not stated that they are no longer proceeding with their proposed vessel registration fee increase, or that they have revised the proposal.

The Legislature is scheduled to begin its month-long summer recess on July 14, returning on August 14 for a final month of action.

So the possibility remains that the issue will be engaged before the Legislature adjourns on September 14.

RBOC is therefore continuing with our call-to-action, encouraging boaters to continue contacting their state legislators. To do so: click here

Join us for our Boater Town Hall Zoom Webinar on Wednesday June 28

RBOC & BoatU.S. invite boaters and clubs to join us for a timely and concise one-hour Zoom Webinar with updates on our advocacy efforts including:

Boat Registration Fee Increase

Details on the Governor’s proposal to raise registration fees by 300%, and how you can take action.

Speed Limits, Abandoned Vessels, Delta Conveyance, Offshore Wind Energy & More

An overview of the key issues impacting boating and our advocacy efforts.

The Town Hall will take place from 6:30 to 7:30 pm on Wednesday, June 28, 2023.

Register in advance for this webinar [no fee]: click here

 After registering, you will receive a confirmation email containing information about joining the webinar. 

What our National Advocacy Partner BoatU.S. has to say about us....

California ranks 4th when it comes to registered boats among our 50 states. Luckily Golden State boaters have a strong voice thanks to their regional advocacy group, a BoatU.S. partner.

Read the article “The Recreational Boaters of California: Advocates since 1968” in the June edition of BoatUS Magazine: click here

The San Diego skyline on San Diego Bay. California is a perennial Top 5 state for pleasure boats with 645,951 registered in 2020. 

RBOC Supporting Confirmation of DBW Deputy Director Ramona Fernandez

RBOC is urging the Senate Rules Committee to recommend that the full Senate confirm Governor Newsom’s appointment of Ramona Fernandez as Deputy Director of the Division of Boating and Waterways within the Department of Parks and Recreation.

RBOC has had numerous, direct and positive experiences with Ms. Fernandez in her leadership role as Deputy Director of the Division of Boating and Waterways. She has displayed an open and engaged approach with all stakeholders and interests on each issue.

This has been especially clear as Ms. Fernandez has led the dedicated division staff, Boating and Waterways Commission members, and the public through a comprehensive stakeholder process to consider the stated deficiency in the Harbors and Watercraft Revolving Fund and actions that can be taken.

The mission and efforts of the Division of Boating and Waterways will be enhanced and advanced by having Ms. Fernandez confirmed as Deputy Director.

RBOC Advocating for Governor and Legislature to Adopt Recommendations on Boating Taxes & Fees in State Budgetnd

California’s boating community and industry together support the dedication and utilization of boater fees and taxes for programs and services that directly benefit boaters.

As a part of our ongoing advocacy efforts on this issue, RBOC and several like-minded boating organizations wrote to State Parks Director Quintero and other officials today to re-affirm our interests, concerns, and requests as the state budget for FY 2023-2024 is being developed prior to the start of that fiscal year on July 1.

We appreciate the decision made by the Governor and Legislature within the state budget for the current fiscal year to refrain from significantly increasing boat registration fees, and in convening a stakeholder process to provide a path to expanded opportunities for all Californians to enjoy on-the-water recreation in the years ahead.

This process provided the opportunity for all interested parties and the state to review the expenditure of more than $100 million each year in fuel tax dollars attributable to boats owners. Within that review, we were able to assess a need to determine the most effective and efficient use of those funds, to identify approaches for increasing the disproportionally small percentage of those monies currently directed to boating programs, and to enhance the financial participation of non-boaters who benefit from the current and future programs.

We anticipate that the Governor’s May Budget Revise may propose one or more solutions to the Harbors and Watercraft Revolving Fund [HWRF] deficiency. We urge the administration and the Legislature to ensure that the recommendations developed through this stakeholder process are incorporated.

They include:

• A comprehensive report on the economic impact of recreational boating in California.

• The enhanced participation and financial contribution of non-boating stakeholders and beneficiaries who benefit from current and future programs and services.

• The enhancement of the statutory authority and role of the Commission to provide not only advice, but also consent on the Division’s loans and grants from the HWRF.

• The identification of approaches that can be taken to meet the new challenges identified through the stakeholder engagement process such as the number of abandoned and derelict vessels not currently addressed by the existing SAVE grant program.

• The enhancement of the Division’s administration of essential programs.

• The identification of efficiencies and improvements to programs that are not attracting the desired number of recipients due to statutory requirements that may be out-of-date, obsolete, or non-competitive.

• Encouragement of Californians to take advantage of the unique and diverse on-the-water opportunities that exist throughout the state.

• A return of a significant amount of the motor vehicle fuel taxes directly generated by recreational boaters to the HWRF.

• An identification and expenditure of other funds for grants directed to beach erosion control.

• As appropriate, a vessel registration fee adjustment that is reasonable and that corresponds to the revenues and savings that are recommended above.

With the dedicated leadership provided by members of the Boating and Waterways Commission and the personnel at the Division of Boating and Waterways, the boating community engaged in the extensive stakeholder process with optimism that the recom-mendations would inform budgetary decisions and policy initiatives to enhance unique California’s on-the-water opportunities for all Californians.

The process concluded at the end of last year with the submission of each subcommittee’s report to the Division of Boating and Waterways and the Department of Parks and Recreation.

We are urging the administration and the Legislature to incorporate the recommendations into the May budget revise and related budget legislation that will be released in the near future.

For a copy of today’s letter: click here

RBOC Advocating for the Best Use of Boater Taxes & Fees

RBOC supports the dedication of boater fees and taxes for programs and services that directly benefit boaters. 

We therefore appreciate the decision made by the Governor and Legislature with the state budget for fiscal year 2022-2023 to refrain from significantly increasing boat registration fees and convening a stakeholder process.

This public process of engagement has been underway for the past several months, with three subcommittees led by Boating and Waterways Commissioners and supported by the expert staff of the Division of Boating and Waterways.  A wide variety of boating community stakeholders are actively participating.

This process is providing the opportunity for all interested parties and the state to review the expenditure of more than $100 million each year in fuel tax dollars attributable to boats, the most effective and efficient use of those funds, to identify approaches for increasing the small percentage of those monies currently directed to boating programs, and to enhance the financial participation of non-boaters who benefit from the current and future programs.

RBOC is encouraged with the progress being made and the consideration that is being given to the suggestions made by the boating community in our July 14 letter [click here] and in the input being provided by organizations and individuals throughout the subcommittee discussions.

The full commission may consider finalization of its recommendations at its November meeting. The commission’s input will inform the Division of Boating and Waterways and the Department of Parks and Recreation as a report is prepared for submission to the Legislature.

RBOC Testifies as Air Board Considers New Emission Requirements for Commercial Harbor Craft

RBOC joined dozens of stakeholders testifying in today’s meeting of the California Air Resources Board as it considered a revised proposal establishing lower emission requirements for commercial harbor crafts.

CARB Meeting March 24, 2022

RBOC’s efforts are in furtherance of its position as set forth in comments submitted in November of 2021 [click here], working together with our national advocacy partner BoatU.S., sportfishing groups and boating industry organizations.

Today, the CARB board adopted Resolution 22-6 [click here] with improvements to the updated regulations to allow for compliance flexibilities and extensions as well as alternative emission control strategies. The adopted resolution also creates a stakeholder process and technical working group, establishes midterm reviews, and identifies additional considerations going forward.

As described by CARB, the updates to the regulations will impose “more stringent in-use and new vessel requirements and expand regulatory requirements to vessel categories that did not previously need to upgrade engines, such as certain types of barges, research vessels, work boats, and commercial passenger fishing vessels. The in-use regulatory amendments would require that the majority of regulated in-use and new vessels meet a performance standard equivalent to the cleanest available engine standards: Tier 3 (or 4 if certified for the horsepower range) plus a diesel particulate filter (DPF).”

“The Proposed Amendments would also include engines below 50 horsepower in the CHC Regulation, which are currently excluded from the CHC Regulation’s in-use performance standards. However, the Proposed Amendments still provide a low-use compliance exception for vessel engines with infrequent operation. The Proposed Amendments include requirements for the adoption of ZEAT where feasible for all operations in California. CARB staff has identified two areas that are technologically feasible and cost effective for zero emission- operations: new and in-use short run ferries, and new excursion vessels. The Proposed Amendments include additional pathways for adopting ZEAT for any CHC operation where a given operation is feasible but not required. The Proposed Amendments’ implementation timeline consists of compliance deadlines between 2023 and 2032. If eligible and approved, compliance dates can be extended to as late as 2034.’

RBOC Advocating to Protect Commercial Fishing at March 24 Air Board Meeting

RBOC will be testifying in the March 24 meeting of the California Air Resources Board [CARB] in opposition to the proposed commercial harbor craft air emission regulations that would negatively impact commercial charter fishing and whale watching vessel owners, ports, and coastal communities.

RBOC and our national advocacy partner BoatU.S. are engaged with the coalition of national and state organizations representing sportfishing, boating, fishing tackle manufacturers, marine organizations, harbor authorities and retailers that are rushing to the defense of California sportfishing and whale watching boat owners.

For more on this issue, the advocacy engagement as well as the formal comments submitted by RBOC, BoatU.S. and others within a coalition effort: click here

Boaters planning to testify in Thursday’s meeting should register with CARB in advance: click here

The specific agenda item is:
• 22-5-1: Public Hearing to Consider Proposed Amendments to the Commercial Harbor Craft Regulation