Assembly Fiscal Committee Considers Legislation Addressing Abandoned Commercial Vessels

AB 2441 [Frazier] was taken up in the Assembly Appropriations Committee today and as anticipated was placed "on suspense" due to its projected state costs.

AB 2441 is the measure that would require rental income received from surface uses of Sacramento-San Joaquin Delta lands under the jurisdiction of the State Lands Commission to be used for the removal of commercial abandoned and derelict vessels.

As also discussed in the analysis of the Assembly Appropriations Committee, the bill would:

  • Require the SLC to develop a plan that prioritizes removal based on risk to the Delta.
  • Authorize the SLC to recover costs for removal actions.
  • Define the Sacramento-San Joaquin Delta to mean lands within the boundaries of the counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo.

Today, the bill was placed “on suspense” as anticipated due to the projected state fiscal impact: “This bill annually shifts approximately $6.9 million General Fund to the SLC for removal of commercial ADVs in the Delta.”

The committee will decide will know just prior to the Memorial Day Weekend whether this and the numerous other measures place on suspense will pass through the Appropriations Committee an on to the Floor for consideration.

RBOC’s position on AB 2441 is in support of the concept of the measure to address abandoned commercial watercraft in the Delta, and it is closely monitoring the measure to ensure that recreational boaters are not assessed financially for efforts to address commercial vessels.

Bill Pirating Recreational Boater Funds for Commmercial Vessel Cleanup Held in Committee

The Assembly Appropriations Committee has "held under submission" the RBOC-opposed AB 2092 [Frazier] that would authorize the use of boater-generated state taxes and fees for the cleanup of commercial vessels.

With this action, AB 2092 did not proceed through the Appropriations Committee prior to the deadline for bills to proceed to the Assembly Floor [Assembly Third Reading].

Many thanks to the many boaters statewide who took action to contact their elected representatives and express concerns with this important measure. Your actions make a difference.

Save Boater Fundsfrom Being Pirated for Commercial Vessel Cleanup - Contact Assembly Appropriations Committee Members Prior to May 27

RBOC is continuing to encourage California Boaters to contact their elected representatives on the Assembly Appropriations Committee and to urge a “no” vote on AB 2092 [Frazier] in Committee unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

Please take action today. The committe's decision on the bill will occur prior to a May 27 deadline.

To take action: click here

Take Action Today to Protect Recreational Boater Funds from Being Pirated for Commercial Vessel Cleanup [4/21]

California Boaters are encouraged to contact their elected representatives on the Assembly Appropriations Committee and to urge a “no” vote on AB 2092 [Frazier] in Committee unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

Please take action today. The bill could be heard next week, and must pass through committee prior to a May 27 deadline.

To take action: click here

Key issues:

AB 2092 [Frazier] would target recreational boater funds for the cleanup of abandoned commercial vessels. 

Commercial vessels are much more expensive to clean-up and the cost of one vessel could exceed the entire amount of available funds.

The owners of commercial vessels do not contribute to our fund – only recreational vessel owners do.

The demand for clean-up of recreational vessels already exceeds the amount of available funds. These vessels should remain the top priority at this time.

There is no condition in the bill restricting the cleanup of abandoned commercial vessels to those that pose a danger to recreational boaters.

Bill Pirating Boater Funds for Commercial Vessel Clean-up Passes First Committee

Legislation authorizing recreational boater funds to be utilized for the cleanup of commercial vessels passed the first legislative policy committee, the Assembly Transportation Committee, following todays' hearing.

RBOC testified in opposition to the measure, AB 2092 [Frazier], unless is it amended so that recreational boaters' funds will not be used to rid the waterways of abandoned commercial vessels.

In addition, hundreds of individual boaters contacted their elected representatives on the committee.

The announced vote of the 16-member committee is 10 "ayes" to 3 "nayes." Nine votes were necessary for passage.

The measure next proceeds to the Assembly Appropriations Committee for consideration.

RBOC will be enabling boaters to contact their representatives on the committee in advance of the committee hearing, and will be advocating RBOC's position in the State Capitol.

RBOC Working to Protect Boater Funds from being Tagged for Commercial Vessel Cleanup

RBOC is working to protect boater fuel tax dollars and registration fees from a proposal to target these funds for the cleanup of abandoned commercial vessels.

RBOC is opposing AB 2092 [Frazier] unless the bill is amended so that recreational boaters’ funds will not be used to rid the waterways of abandoned commercial vessels.

RBOC is greatly concerned that, as currently written, AB 2092 would open up the use of boater fuel tax dollars and registration fees for commercial vessels. The key issues:

  • Commercial vessels are much more expensive to clean-up and the cost of one vessel could exceed the entire fund.
  • The owners of commercial vessels do not contribute to the fund –only recreational vessel owners do.
  • The demand for clean-up of recreational vessels already exceeds the amount of available funds. These vessels should remain the topaat this time.
  • There have been no comprehensive studies of:
  • The extent to which abandoned commercial vessels represent danger on the waterways;
    • Whether the owners of abandoned commercial vessels can be identified and assessed cleanup costs; and
    • Whether there are other alternatives to tapping into the recreational boater-funded program, such as state recycle and superfund dollars.

AB 2092 proposes to open up the use of boater-generated fuel tax dollars and registration fees for the cleanup of abandoned commercial vessels. At issue is the integrity of the boater supported and financed Abandoned Watercraft Abatement Fund [AWAF] and Vessel Turn-in Program [VTIP]. RBOC has been – and continues to be - a strong supporter of both of these essential programs.

The AWAF and VTIP provide funds to public agencies to remove, store, and dispose of abandoned, wrecked, or dismantled recreational vessels which pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner's consent.

As part of its commitment to provide clean, safe and enjoyable recreational boating on California's waterways, the Division of Boating and Waterways [DBW] administers this statewide program. It allows public local agencies to apply for funding and upon approval, enter into a contract grant agreement with DBW.

The AWAF and VTIP, enacted in 1998 and 2010 respectively, have provided millions of dollars in grants, and have enabled the removal of thousands of vessels and other marine debris.

The Governor has proposed a budget of $1.75 million for the program in next year’s budget, and we understand that the monetary requests of grant applicants greatly exceed the available funds.

As RBOC has discussed with the author and proponents of the measure, rather than focus on recreational boaters’ funds, RBOC would be pleased to work with all interested stakeholders to address the issues raised by the abandonment of commercial vessels in California, and to identify effective, efficient, and balanced efforts that can be taken.

RBOC continues to be engaged in the productive dialogue that occurs within the abandoned vessel working group that focuses on these issues and can provide a beneficial forum for the development of ideas.

Other state and local agencies that have financial resources and expertise should also be approached. CalRecycle, for instance, completed a department-managed Pilot Project a few years ago with the stated objective of removing abandoned commercial vessels and debris that poses threats to the Sacramento-San Joaquin Delta.

There is a CalRecycle Solid Waste Cleanup Trust Fund and a State Water Resources Control Board Cleanup and Abatement Account.

Governor Signs Marine Debris Legislation

California Governor Jerry Brown today signed into law the RBOC-supported AB 1323 [Frazier].

The measure will enhance the removal of marine debris from the state's waterways.

The bill provides 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 as 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.

Marine Debris Bill Passes Legislature, Proceeds to Governor

The Assembly today concurred in the Senate amendments to AB 1323 [Frazier] by a preliminary, bipartisan vote of 71—0, sending the RBOC-supported marine debris measure to the Governor for his consideration.

The meaure would enhance the removal of marine debris from the state's waterways. The bill 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 as 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 Marine Debris Legislation Passes Senate

RBOC-supported AB 1323 [Frazier, D-Oakley] to enhance the removal of marine debris from the state's waterways has passed the Senate Floor [Senate Third Reading]. The measure next proceeds to the Assembly for concurrence in the amendments made to the bill in the Senate.

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 Marine Debris Legislation Passes Senate Judiciary 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 the Judiciary following today's hearing in the Capitol. The measure next proceeds to the Senate Appropriations Committee for consideration.

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.