RBOC Supporting Legislative Concept Addressing Abandoned Vessels - Wary of Revenue Source

RBOC testified today in the Assembly Natural Resources Committee on AB 2441 [Frazier], expressing support for the concept of commercial interests being identified to financially support efforts to remove abandoned and derelict vessels from the state's waterways, and also noting the organization's caution that the bill in its final form not target recreational boaters to fund this important effort.

When the final vote is announced, the measure will pass committee and proceed to the Assembly Appropriations Committee for consideration.

In its current form, AB 2441 would require that rental income from surface uses for lands in the Sacramento San Joaquin Delta be used for the removal of abandoned and derelict commercial vessels from lands and waterways, including tidelands and submerged lands within the Delta.

Governor Signs RBOC-supported PFD Bill into Law

The Governor today signed into law 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] prohibits 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 provisions of the bill will take effect on January 1, 2016.

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.