Key Legislation Update - As Legislature Has Adjourned

This is an update on a number of key legislative issues now that the state Legislature has recessed the first year of the 2017-2018 legislative session. 

The deadline for the Governor’s consideration of the measures that passed the Legislature in the final days prior to adjournment is October 15.

Prohibition against drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger

SB 65 [Hill] – has been enacted into law after provisions of concern to RBOC were removed at the organization's request. Those provisions would have prohibited drinking an alcoholic beverage while operating a vessel. The current, extensive provisions of state law strike an effective balance that prevents boating under the influence [BUI], effectively enforces the BUI laws, and acknowledges the boating experience. 

Elimination of mortgage interest deduction on second homes

AB 71 [Chiu] – was not taken up on the Assembly Floor and may be considered in 2018. RBOC has advocated in opposition to this measure.

Expansion of vessels eligible to use distinctive blue lights to include fire department and fire protection district vessels while engaged in public safety activities

AB 78 [Cooper] – this RBOC-supported measure has been enacted and will take effect on January 1, 2018.

Requirement that DBW, to the extent feasible, collaborate with the California Conservation Corps and use members of the corps in implementing its invasive aquatic plants control programs

SB 704 [Galgiani] – this RBOC-supported measure has been enacted into law and will take effect on January 1, 2018.

Enactment of a 12 cents per gallon motor vehicle gasoline tax increase, and a 20 cents per gallon diesel fuel tax, with the portion of the new gasoline taxes attributable to boats placed in the State Parks and Recreation Fund

SB 1 [Hertzberg] – has been enacted into law, with the increase taking effect on November 1, 2017. At least one initiative to repeal the tax is being pursued.

Authorization for a court to impound, for up to 30 days, a boat used in a violation of the BUI laws if the owner is convicted and the conduct resulted in the unlawful killing of a person

SB 644 [Stone] – was vetoed by Governor Brown: “I do not see the need, in these tragic but narrow instances, to additionally expand the powers of government to impound private property as an added punitive measure. Because this bill will not act as a deterrent, and existing criminal and civil penalties are sufficient to address the conduct contemplated, I am returning this measure without my signature.”

Establishment of an infraction to smoke on a state coastal beach or in a unit of the state park system

AB 725 [Levine] – has passed the Legislature and proceeds to the Governor for his consideration.

Establishment of an infraction punishable by a fine of up to $100 for a person to smoke on a state coastal beach or in a unit of the state park system

SB 386 [Glaser] – has passed the Legislature and proceeds to the Governor for his consideration.

Establishment of an infraction to possess an alcoholic beverage in a vessel on portions of the Mokelumne River during a summer period for which the Board of Supervisors has banned consumption on land portions of the Stillman Magee County Park

AB 934 [Flora] – was not heard in the initial policy committee and may be considered next year.

Imposition of a quagga and zebra mussel infestation prevention fee of up to $50 annually, on non-resident owners of vessels, to be paid before the vessel is placed in the state’s waterways

AB 1587 [Levine] – was held under submission in the Senate Appropriations Committee.

Prohibition against the sale of a nonbiodegradable toxic chemical in a container that indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel

AB 852 [Caballero] – did not proceed through the Legislature and can be considered next year.

Proposed $3.5 billion water, parks, climate, coastal protection, and outdoor access bond measure – with potential funding for a Riverside County aquatic center

SB 5 [DeLeón] – has passed the Legislature and has proceeded to the Governor for possible placement before voters on the June 2018 statewide ballot.

Requirement that the lead agency provide information on costs for each water contractor and the benefits each contractor will receive from the proposed Delta water conveyance project prior to water contractors entering into specified agreements

AB 791 [Frazier] - was held under submission in the Assembly Appropriations Committee.

Prohibition against the Delta Stewardship Council granting a certification of consistency with the Delta Plan until completion of the update of the 2006 Water Quality Control Plan for the Bay-Delta Estuary

AB 792 [Frazier] – did not proceed through the Legislature and can be considered next year.

Declaration of state policy that the existing state of the Sacramento-San Joaquin Delta is recognized and defined as an integral component of California’s water infrastructure

AB 793 [Frazier] – did not proceed through the Legislature and can be considered next year.

Revision of the definition of a local emergency to include conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a district established under the Harbors and Navigation Code

SB 531 [Galgiani] - did not proceed through the Legislature and can be considered next year.

RBOC-supported "Blue Light" Safety Bill Passes Senate Committee

The RBOC-supported boating public safety measure AB 78 [Cooper] has passed the Senate Committee on Public Safety with bipartisan support.

AB 78 would expand the allowed use of a distinctive blue light on public safety vessels to include vessels owned by fire departments or fire protection districts whenever the vessel may be engaged in law enforcement activities.

The measure next proceeds to the Senate Committee on Appropriations.

The author's description of the measure and its objectives:

"Currently the Harbors and Navigation Code (section 652.2) authorizes the use of “blue” lights on law enforcement vessels only. The use of blue lights on emergency vessels indicates to civilian boaters to yield the right-of-way and/or to slow down as to not create a hazard or unnecessary wakes. They do not mean by themselves to stop and succumb to police actions. Fire Departments also work the California waterways and are responsible for public safety responses to include extinguishing boat, structure and bank fires, emergency response and rescue, dead body recovery, medical response and staffing public waterway events. 

"Current law does not allow fire to equip or use blue lights while they are engaged in a public safety capacity or response. This continues to cause difficulties in that fire department vessels cannot respond in the most expedient manner to water way emergencies. Furthermore, when their vessels are stationary at incidents such as fires, search or rescue operations or body recoveries boaters do not use caution when passing or approaching fire vessels. Many fire departments call for mutual aid from law enforcement vessels merely to “standby” with blue lights activated while fire department personnel provide emergency public safety services. This costs time for fire department vessels to wait for law enforcement response and also creates an unnecessary manpower drain because it requires the services of two public safety entities when one would suffice. 

"AB 78 would fix this problem by allowing fire departments to equip their vessels with blue lights and to use them only for public safety responses on the waterways."

RBOC Supporting Legislation Expanding Use of Blue Lights on Public Safety Vessels

RBOC is supporting AB 78 [Cooper, D-Elk Grove] that would expand the allowed use of a distinctive blue light on public safety vessels to include vessels owned by fire departments or fire protection districts whenever the vessel may be engaged in law enforcement activities.

RBOC believes this measure would improve department vessels response time and fire department personnel safety when they are stationary and engaged in a variety of public safety activities.

Existing law does not allow local or state fire agencies to equip their vessels with emergency blue lights, even though, as first responders, fire departments are required to respond to emergencies such as search and rescue and medical calls for service. AB 78 would remedy this situation.