July 23 Meeting - Copper and Metals in Newport Bay

Boaters and clubs are encouraged to attend one of two scoping meetings that will be held on July 23 in Newport Beach to discuss the scope and content of a document that will be part of the basin plan amendments related to copper and other metals in Newport Bay.  RBOC will be participating.

Two scoping meetings will be held at the following times and location (the same information will be presented at both meetings):

Date:

July 23, 2015

Times:

1:30 to 3:30 pm, and

6:00 to 8:00 pm

Location:

City of Newport Beach, Community Room, 100 Civic Center Drive, Newport Beach, CA 92660

Project - the public scoping meeting is in regard to:

In the Matter of Proposed Amendments to the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) related to Copper and other Metals Impairments in Newport Bay.

The purpose of the scoping meeting is to provide a forum for early public consultation regarding the environmental issues that should be considered in the development of the proposed Basin Plan amendments.

This consultation will assist the Regional Board in identifying the range of actions, alternatives, mitigation measures, and significant environmental effects to be analyzed prior to the decision-making process.

A project summary and other pertinent information is available at: click here

Background:

The California Regional Water Quality Control Board, Santa Ana Region, staff will hold a CEQA scoping meeting pursuant to California Public Resources Code Section 21083.9.

The scoping meeting will provide participants the opportunity to comment on the appropriate scope and content of the “functionally equivalent” substitute environmental document that will be prepared in support of the Basin Plan amendments.

The substitute environmental document will be prepared pursuant to Public Resources Code Section 21080.5, and the State Water Resources Control Board’s regulations related to Certified Regulatory Programs (Title 23, Section 3775 et seq.).

RBOC-supported BUI Legislation Proceeds to Governor

RBOC-supported legislation to harmonize certain boating under the influence [BUI] laws with the state’s driving under the influence [DUI] laws will now proceed to the Governor for his consideration.

AB 539 [Levine, D-San Rafael] would authorize the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs.

According to Assembly Member Levine, the measure is intended to bring boating laws in line with DUI laws, and to provide law enforcement with the proper tools to investigate and prosecute those who are boating under the influence.

The measure is sponsored by the California State Sheriffs' Association and is also supported by a number of law enforcement and marine industry organizations as well as RBOC.

RBOC-supported PFD Measure Proceeds to Governor

The Legislature today has sent to the Governor for his consideration RBOC-supported personal flotation device [PFD] legislation that will enhance safety on the state's waterways.

AB 638 authored by Assembly Member Jim Frazier [D-Oakley] would prohibit a person from operating a motorboat, sailboat, or vessel of any length unless every person on board under the age of 13 is wearing a PFD while the vessel is underway.

There are specific exceptions for children under the age of 13 who are in an enclosed cabin, are tethered to a sailboat, are engaged in emergency rescues, are participating in specified organized events, or are operating certain federally-regulated vessels.

The Assembly concurred in the Senate amendments this morning by a preliminary vote of 71 to 0. The bill previously passed the Senate on June 22 by a bipartisan 37 to 0 vote.

RBOC-supported Marine Debris Legislation Passes Senate Committee

RBOC-supported AB 1323 [Frazier, D-Oakley] to enhance the removal of marine debris from the state's waterways will pass the Senate Committee on Natural Resources and Water following today's hearing in the Capitol. The measure next proceeds to the Senate Judiciary Committee for consideration.

RBOC President Greg Gibeson testified in support of the legislation that has been drafted by the State Lands Commission and is supported by a number of boating industry groups and others.

This legislation would provide authority for any state, county, city, or other public agency having jurisdiction over a given location, or having authority to remove marine debris or solid waste, to remove and destroy marine debris that is floating, sunk, partially sunk, or beached in or on a public waterway, beach, or on state tidelands or submerged lands, subject to specific conditions:

  1. The marine debris meets the definition provided in the Harbors and Navigation Code and the value of the debris does not exceed the cost of removal and disposal.
  2. If the debris cannot be identified belonging to an individual, a peace officer or authorized public employee securely attaches to the marine debris a notice stating that the marine debris shall be removed by the public agency if not claimed or removed within 10 days.
  3. If the debris can be identified as belonging to an individual, a 10-day notice is attached to the marine debris, and sent to the owner of the marine debris, if known, at the owner's address of record with the Department of Motor Vehicles, by certified or first-class mail. 
  4. The marine debris is not removed prior to the ten day notification period.

RBOC-supported PFD Legislation Passes Senate Committee

With RBOC support and testimony, legislation expanding the requirement for children under 13 to wear a personal flotation device has passed the Senate Committee on Natural Resources and Water. The preliminary vote is a bipartisan, 7 to 0 vote in favor of passage.

AB 638 is authored by Assembly Member Jim Frazier [D-Oakley]. The measure would amend Harbors and Navigation Code Section 658.3 to expand the requirement for children under 13 to wear a PFD to boats over 26 feet, rather than just boats 26 feet and under.

It is important to note that the requirement to wear a PFD would continue to apply while the vessel is underway, unless the child is either restrained by a harness tethered to the vessel, or is in an enclosed cabin.

RBOC also supports the logical and reasonable provision of AB 638 that would amend the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof.

It is also important that the following two practical exceptions set forth of Section 658.3 would continue:

(1) This subdivision does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition.

(2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit pursuant to this paragraph.

As amended in today's hearing, the bill would also not apply to a person operating a  "passenger vessel" as defined in section 2101(22) of Title 46 of the US Code, or a "small passenger vessel" as defined in section 2101(35) of Title 46 of the US Code.

Update on Key 2015 Legislation Impacting Boaters

An update on the key 2015 legislation impacting boating interests:

Personal Flotation Devices

AB 638 (Frazier)

RBOC is supporting AB 638 [Frazier], legislation that would enhance safety on the state’s waterways.  The bill would amend Harbors and Navigation Code Section 658.3 to expand the requirement for children under 13 to wear a personal flotation device [PFD] to boats over 26 feet, rather than just boats 26 feet and under.

The requirement to wear a PFD would continue to apply while the vessel is underway, unless the child is either restrained by a harness tethered to the vessel, or is in an enclosed cabin.

RBOC also supports the logical and reasonable provision of AB 638 that would amend the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvass, and covered by a roof.

The following two practical exceptions set forth of Section 658.3 would continue:

(1) This subdivision does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition.

(2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit pursuant to this paragraph.

The bill has passed the Assembly and now proceeds to the Senate for consideration.

Division of Boating and Waterways: oversight committee on invasive aquatic plants

SB 223 (Galgiani)

RBOC is supporting this bill that would require the Division of Boating and Waterways to establish, and designate and provide staff support to, an advisory and oversight committee to evaluate and monitor the activities of the division relating to the management and control or eradication of those plants.

The bill would require the membership of the advisory and oversight committee to include an equitable number of representatives from specified interests and would require the advisory and oversight committee to meet, at a minimum, twice per year and communicate any findings or recommendations to the division

This bill has passed the Senate policy committee and has been placed “on suspense” in the Senate Appropriations Committee.

Marine Debris: Removal and Disposal

AB 1323 (Frazier )

RBOC has been supporting this bill but it also inquiring into the amendments made to the bill on May 5.

The bill would exempt from current notice provisions marine debris that constitutes a public nuisance or a danger to navigation, health, safety, or the environment, and would authorize such marine debris to be removed and disposed of immediately, unless the marine debris is whole and the owner of the marine debris is identifiable, in which case the bill would require it to be maintained or stored for 10 days.

The bill would authorize a public entity to recover costs incurred for removal and disposal of marine debris from the owner or other specified persons.

The bill would require the State Lands Commission, on or before January 1, 2017, to adopt best management practices and requirements for salvage of marine debris. 

The bill is on the Assembly Floor [Assembly Third Reading]

 State Parks Revenue Generation

AB 549 (Levine) 

This bill would revise the existing law that requires the Department of Parks and Recreation to report to the Legislature annually on or before July 1 on the revenue distributed to each park district.

The bill would instead require the department to report to the Legislature annually on or before December 31. 

This bill has passed the Assembly and now moves to the Senate for consideration.

Motor vehicle fuel taxes: diesel fuel taxes: rates: adjustments

SB 433 (Berryhill)

This bill would, for the 2016-17 fiscal year to the 2020 -21 fiscal year, inclusive, on or before May 15 of the fiscal year immediately preceding the applicable fiscal year , require the Department of Finance to adjust the motor vehicle fuel tax rate.

This bill is on the Senate Floor (Senate Third Reading)

Property Tax Postponement for Mobilehomes and Floating Homes

SB 477 (Leyva)

This bill would authorize an owner of a mobilehome or floating home, who is a qualified person, to seek postponement of ad valorem taxes under provisions similar to other owners of real property. 

This bill is in the Senate Committee on Appropriations.

County Search and Rescue Costs

AB 896 (Wagner)

This bill would allow counties to seek reimbursement from residents 16 or older for search or rescue costs under specified conditions. 

This bill is on Assembly Third Reading [Assembly Floor].

Renewable Gas Standard

SB 687 (Allen)

This bill would require the state air board to adopt a carbon-based renewable gas standard by June 30, 2016.  The bill would also specify that the ARB is required to ensure a gas seller is making reasonable progress to meeting the compliance periods.

The bill will next be heard in the Senate Appropriations Committee.

Bay Delta Conservation Plan: judicial review

SB 772 (Stone)  

This bill would state the intent of the Legislature to enact legislation establishing judicial review procedures for the Bay Delta Conservation Plan. 

This bill has not moved forward this year.

RBOC Testifies in Support of BUI Legislation.

RBOC President Greg Gibeson testified this afternoon in the Assembly Committee on Transportation in support of AB 638 [Frazier] which would enhance the state's requirements for children under 13 years of age to wear a personal flotation device [PFD].

It is anticipated that the bill will pass committee with a bipartisan vote.

AB 638 would amend Harbors and Navigation Code Section 658.3 to expand the requirement for children under 13 to wear a personal flotation device [PFD] to boats over 26 feet, rather than just boats 26 feet and under.

It is important to note that the requirement to wear a PFD would continue to apply while the vessel is underway, unless the child is either restrained by a harness tethered to the vessel, or is in an enclosed cabin.

 RBOC also supports the logical and reasonable provision of AB 638 that would amend the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvass, and covered by a roof.

It is also important that the following two practical exceptions set forth of Section 658.3 would continue:

(1) This subdivision does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition.

(2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit pursuant to this paragraph.

RBOC Supporting Legislation Addressing Marine Debris

RBOC is supporting AB 1323 [Frazier], legislation that would establish a new definition of marine debris in the Public Resources Code, and that would provide expedited procedures to remove worthless marine debris, as the bill was amended on April 6.

RBOC supports the key provisions of AB 1323 that would:

  • Define marine debris as a vessel or part of a vessel, including a derelict, wreck, hulk or part of any ship or other watercraft or dilapidated vessel, that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water.
  • Provide an expedited procedure for marine debris that is floating, sunk, partially sunk, or beached in or on a public waterway, public beach, or on state tidelands or submerged lands, and that has no value or a value that does not exceed the cost of removal and disposal, to be removed and destroyed, or otherwise disposed of, by any state, county, city, or other public entity having jurisdiction over its location or having authority to remove marine debris or solid waste.
  • Establish a number of conditions for removal including posting and notification depending on whether or not there is discernible registration
  • Provide authority for immediate removal and disposal of marine debris that constitutes a public nuisance or a danger to navigation, health, safety, or the environment.
  • Authorize the costs incurred by a public entity for removal and disposal of marine debris to be recovered from an owner or any person or entity who placed or caused the marine debris to be in or on the public waterway, public beach, or state tidelands or submerged lands through any appropriate legal action in the courts of this state or by administrative action.

RBOC Supporting Legislation for Increased Oversight of State Efforts on Invasive Aquatic Plants

RBOC is supporting SB 223 [Galgiani], legislation that would establish an advisory and oversight committee to monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants.

The provisions of SB 223 would enhance the existing laws that designate the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and that prescribes the duties of the division with regard to the management and control or eradication of those plants.

The increasing infestations of aquatic invasive plants, especially throughout the Sacramento-San Joaquin Delta, confirm the critical need to accomplish increased effectiveness and efficiencies. SB 223 is in furtherance of this objective.

RBOC Supporting Extension of PFD Requirement for Children Under 13

RBOC is supporting AB 638 [Frazier], legislation that would enhance safety on the state’s waterways.

AB 638 would amend Harbors and Navigation Code Section 658.3 to expand the requirement for children under 13 to wear a personal flotation device [PFD] to boats over 26 feet, rather than just boats 26 feet and under.

It is important to note that the requirement to wear a PFD would continue to apply while the vessel is underway, unless the child is either restrained by a harness tethered to the vessel, or is in an enclosed cabin.

 RBOC also supports the logical and reasonable provision of AB 638 that would amend the definition of “enclosed cabin” to mean a space on board a vessel that is surrounded by bulkheads or canvass, and covered by a roof.

It is also important that the following two practical exceptions set forth of Section 658.3 would continue:

(1) This subdivision does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition.

(2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit pursuant to this paragraph.

RBOC Supporting Boating Under the Influence Legislation

RBOC is supporting AB 539 [Levine], legislation that would enhance the state's boating under the influence laws towards improved safety on the state’s waterways.

AB 539 would authorize the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs, when the following conditions are present:

  • A blood sample constitutes evidence that tends to show a violation of specified sections of the Harbors and Navigation Code relating to the operation of a marine vessel while under the influence of drugs or alcohol;
  • The person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test; and,
  • The sample will be drawn from the person in a reasonable, medically approved manner.

With these provisions, AB 539 would bring boating laws in line with vehicular DUI laws in a reasonable manner, and would provide law enforcement with the proper tools to investigate and prosecute those boating under the influence. 

Senator Cathleen Galgiani Introduces Legislation for Oversight Committee on Invasive Plants Efforts

Senator Cathleen Galgiani [D-Stockton], following upon the "Invasive Weeds of the Delta" Town Hall Forum she held in Stockton on December 15, has now introduced SB 223 which would require the state Division of Boating and Waterways, by January 1, 2017, to establish an advisory and oversight committee to monitor the activities of the division relating to the management and control or eradication of invasive plants.

Governor Signs Vessel Operator Certification Bill into Law

Governor Jerry Brown has signed into law RBOC-supported SB 941 [Monning and DeSaulnier] to phase-in a boat operator certification requirement in California.

SB 941 requires that boat operators pass a boating education examination and obtain a vessel operator card issued by the state Division of Boating and Waterways [DBW] in order to operate a boat in California that is propelled by an engine. This legislation will enhance safety on the state’s waterways.

SB 941 is modeled on legislation RBOC sponsored previously. This new measure requires DBW to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual.

The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025.

Importantly, online education including the free BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

Boaters are subject to the certification requirement  according to the following schedule:

  • On and after January 1, 2018: A person 20 years of age or younger.

  • On and after January 1, 2019: A person 25 years of age or younger.

  • On and after January 1, 2020: A person 35 years of age or younger.

  • On and after January 1, 2021: A person 40 years of age or younger.

  • On and after January 1, 2022: A person 45 years of age or younger.

  • On and after January 1, 2023: A person 50 years of age or younger.

  • On and after January 1, 2024: A person 60 years of age or younger.

  • On and after January 1, 2025: All persons, regardless of age.

 In addition, the fees to be established by DBW for certificates will be at levels sufficient to cover the reasonable costs of the development, establishment, and operation of the program. SB 941 will prohibit the fees from exceeding those costs.

RBOC Urging Governor's Signature of Vessel Operator Certification Legislation

RBOC supports SB 941 [Monning and DeSaulnier] that would phase-in a boat operator certification requirement in California, and the boater advocacy organization is urging California Governor Jerry Brown to sign this significant safety measure into law.

RBOC supports that provisions of SB 941 that would require that boat operators pass a boating education examination and obtain a vessel operator card issued by the state Division of Boating and Waterways [DBW] in order to operate a boat in California that is propelled by an engine. This legislation will enhance safety on the state’s waterways.

SB 941 is modeled on legislation RBOC sponsored previously. This new measure would require DBW to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual.

The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025.

Importantly, online education including the free BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

In addition, the fees to be established by DBW for certificates will be at levels sufficient to cover the reasonable costs of the development, establishment, and operation of the program. SB 941 would prohibit the fees from exceeding those costs.

Vessel Operator Certification Bill Passes Legislature, Proceeds to Governor

The RBOC-supported SB 941 [Monning and DeSaulnier] has passed the State Legislature and now proceeds to California Governor Jerry Brown for his consideration.

The Senate today concurred in the Assembly amendments to the measure. The bill passed the Assembly on August 20.

SB 941 would require the Division of Boating and Waterways to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

 

Vessel Operator Certification Bill Passes Appropriations

SB 941 [Monning and DeSaulnier] passed the Assembly Appropriations Committee at its August 14 hearing. 

SB 941 would require the Division of Boating and Waterways [DBW] to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

Amendments were announced by the Committee Chair as SB 941 passed committee.

RBOC-supported Bill Revising Penalties for Minor Violations Signed into Law

California Governor Jerry Brown has signed into law RBOC-supported legislation reclassifying certain boat operation violations as infractions and reducing the associated fines.

SB 1162 [Berryhill] was pursued with the thought that reclassifying penalties for minor violations will result in increased enforcement, and therefore increased compliance, while at the same time reducing the burden on the court system. 

  • When these relatively minor violations carry the weight of a misdemeanor, law enforcement officers become reluctant to issue citations and instead issue warnings which can reduce the effectiveness of the  law to deter the unwanted behavior. 
  • When citations are issued for these violations, with misdemeanor penalties, prosecutors and courts often fail to take action on them because they are considered minor in comparison to other, more serious offenses with which law enforcement and the courts are engaged.

The enacted bill reclassifies the following misdemeanors as infractions, and reduces the associated fines as noted:

  1. Mooring a vessel to a buoy or beacon, except a designated mooring buoy ($100);
  2. Violating a "blue light law" by failing to provide a clear course for a law enforcement vessel ($100);
  3. Owning, operating, commanding, or permitting the use of a vessel at a speed over five miles per hour (mph) within 100 feet of a swimmer ($100);
  4. Owning, operating, commanding, or permitting the use of a vessel at a speed over five mph within 200 feet of an occupied beach, swimming float, diving platform, lifeline, or way or landing float used to fast a boat ($100);
  5. Operating a vessel towing a person on water skis without a person of at least 12 years of age on board, in addition to the operator, to monitor the progress of the persons being towed ($200);
  6. Operating a vessel towing a person on water skis at night ($200);
  7. Violating the United States Coast Guard Navigation Rule 20 relating to navigation lights, which describes timeframe and condition during which vessel operators must comply with regulations on lighting ($100);
  8. Improperly shielding floodlights or headlights that may interfere with proper navigation of approaching vessels ($100); and,
  9. Performing certain reckless or negligent acts including riding on the bow, gunwale, or transom of a moving vessel that lacks deterrents to falling overboard ($250).

 

Vessel Operation Certification Bill Presented in Appropriations Committee

RBOC testified in support of SB 941 [Monning, DeSaulnier] as Senator Bill Monning presented the bill to the Assembly Appropriations Committee on July 2.

The measure was placed "on suspense" due to the anticipated state costs. Measures placed on suspense will be taken up in mid-August.

The committee analysis provided the following:

  • To develop, implement and report on the new program will require two positions at a cost of $170,000 annually and an information technology position for up two years at $90,000 annually.
  • Based on the experience of Washington State, the DBW anticipates that up to 20% (estimate at about 250,000) of those required to complete the boater safety course will do so using a home study course option. At an estimate cost of $6 to print the home study course booklet, total costs would be $1.5 million over several years as the course requirement expands to more age groups until 2025.
  • The DBW anticipates that, as in other states, the division will contract with a private course provider who will collect a fee for the course and certification and remit a portion of the fee to the state sufficient to cover the department's start-up and operating costs.

Coastal Commission Administrative Fine Authority Bill Signed into Law

Budget trailer legislation has been signed into law to authorize the California Coastal Commission with administrative fine authority in certain situations.

  • SB 861 allows the Commission to impose an administrative civil penalty upon a person who violates public access provisions of the Coastal Act, by a majority vote of the commissioners, upon consideration of various factors.
  • The fine could be in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court.
  • The bill authorizes the penalty to be assessed for each day the violation persists, but for no more than 5 years.
  • The bill prohibits a person from being subject to both this monetary civil liability imposed by the commission and a monetary civil liability imposed by the superior court for the same act or failure to act.
  • The bill also allows the commission to record a lien on the property of a violator in the amount of the penalty assessed by the commission if the violator fails to pay the penalty.
  • The bill prohibits the assessment of administrative penalties in certain cases if the property owner corrects the violations.

July 2 Hearing on Vessel Operator Certification Legislation

RBOC is planning to testify in support of SB 941 [Monning and DeSaulnier] when it is considered in the Assembly Appropriations Committee at its July 2 hearing.

SB 941 would require the Division of Boating and Waterways [DBW] to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

RBOC testified in support of the bill in the Assembly Transportation Committee, together with the boating industry organizations.

RBOC will continue to be engaged as SB 941 moves forward as a work-in-progress. Key provisions RBOC is continuing to address include the fees associated with the new program, the implementation of the bill by the Division of Boating and Waterways, and other issues.