RBOC-supported BCDC Reform Measure Passes Legislature

The RBOC-supported AB 2809 [Mullin] has just passed the Legislature and next proceeds to the Governor for his consideration prior to a September 30 deadline for his action.

AB 2809 would enact needed procedural reforms to the operation of the San Francisco Bay Conservation and Development Commission [BCDC].

The bill:

  1. Requires BCDC, by the end of the 2020-21 fiscal year, to create and implement the following:

  • A procedure to ensure managers perform a document review of staff decisions in enforcement cases.

  • Timelines for resolving enforcement cases.

  • A penalty matrix for assessing fines and civil penalties.

  • A method for assessing civil penalties in cases involving multiple violations.

2. Requires, by July 1, 2025, and every five years thereafter, BCDC to review the certified local protection program for the Suisun Marsh to determine whether the program is being effectively implemented.

RBOC Supporting BCDC Improvement Legislation

RBOC is lobbying in support of AB 2809 [Mullin] that would provide fairness, transparency and accountability in the operation of the San Francisco Bay Conservation and Development Commission [BCDC].

AB 2809 would prohibit BCDC from using monies paid into the Bay Fill Clean-Up and Abatement Fund to pay staff salaries or enforcement actions. This will help ensure that Commission actions are not motivated by funding desires.

The bill would also require procedures for managerial review of staff decisions in enforcement cases, time lines for resolving those cases, and a penalty matrix for assessing fines and civil penalties.

This legislation follows an RBOC-supported decision of the Joint Legislative Audit Committee and the resulting audit findings.

Take Action – contact Assembly Member Mullin of your support: click here

RBOC President Ray Durazo Presents at California Boating Congress

At the 4th Annual California Boating Congress, RBOC President Ray Durazo presented the concerns of the boating community with the overreaching enforcement efforts of the San Francisco Bay Conservation and Development Commission [BCDC]. 

As explained by President Durazo, the organization is supporting the timely completion and publication of the Joint Legislative Audit Committee’s audit of BCDC that is investigating the commission’s enforcement activities, adherence to its mission, funding and operational needs and structure.

In addition, RBOC is advocating for a revision to BCDC’s statutory charter to recognize, protect and enhance recreational boating, and to reflect the structure of the Coastal Commission regarding the number and appointment of commissioners.

RBOC was a proud co-host of this year’s California Boating Congress.

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RBOC Lobbies State Legislators on 2019 Boating Issues

Recreational Boaters of California [RBOC] held its annual legislative day in Sacramento on February 27, with attendees visiting and advocating on the 2019 state legislation in more than 40 meetings in the offices of Senators and Assembly Members in the State Capitol.

Constituent and issue-specific meetings with state legislators covered an array of policy issues directly impacting boaters including:

  • State Parks Reorganization Plan

  • Boater Funds Dedicated to Boater Programs

  • Regulatory Overreach [BCDC]

  • Copper-based Anti-fouling Paints

  • Boating and the Sacramento-San Joaquin Delta [California WaterFix]

  • Office of Sustainable Outdoor Recreation – AB 1111 [Friedman]

  • Statutory Definition of Boat Operator – AB 1183 [Ramos]

  • Vessel Impoundment – BUI – SB 393 [Stone]

  • Boater Rights Aboard Their Vessels – AB 1718 [Levine] and SB 8 [Glazer]

  • Chemical Toilet Deodorants – SB 317 [Caballero]

  • 12-Month Fishing Licenses – AB 1227 [Obernolte] and AB 1387 [Wood]

For the Boater Issue Update on these issues: click here

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RBOC Testifies in Support of Westpoint Harbor at the BCDC

RBOC  continues its advocacy efforts in support of Westpoint Harbor, with Vice President - North Ray Durazo testifying at today's hearing of the San Francisco Bay Conservation and Development Commission [BCDC].

The BCDC action today sent the proposed cease and desist order back to the Enforcement Committee for further review and deliberation.

Mr. Durazo's testimony: 

My name is Ray Durazo and I am Vice President – North of the Recreational Boaters of California, RBOC.

RBOC is the nonprofit governmental advocacy organization that works to protect and enhance the interests of the state's 3 million recreational boaters before the legislative and executive branches of state and local government.  RBOC was formed as a statewide organization fifty years ago and from that date forward has continued its commitment to promoting the enjoyment, protection, and responsible use of our waterways.

RBOC strongly urges the Commission to reject the proposed cease and desist order with regard to Westpoint Harbor.

BCDC’s approach towards the harbor does not further the commission as a national model, does not encourage the responsible and productive use of the Bay’s resources, and does not enable all of the Bay’s communities to flourish.

The claimed violations all suffer from one or more of deficiencies that have been well-documented by the harbor, as well as our November 15, 2017 letter.

The BCDC actions will act as a powerful deterrent to future generations interested in investing and serving recreational boating in the Bay in areas under BCDC jurisdiction. This will be to the detriment of the Bay as boating in California is a $7 billion annual economic engine.

RBOC’s concerns with BCDC’s actions towards the harbor are exacerbated when considered in the context of the commission’s similar enforcement actions against Scott’s restaurant in Jack London Square, and against Sweeny’s duck club in the Delta.

Taken together, the pattern is alarming to the boating community and has also led a County Superior Court judge in a recent case to opine that BCDC enforcement had exceeded its jurisdiction, had inflicted excessive fines, and had displayed vindictive prosecution.

Taken together, the pattern leads the community to have the strong impression that the commission enforcement staff is operating on its own and making important decisions that properly reside with the commissioners.

These issues need to be addressed in a timely manner, and RBOC urges the California State Legislature and State Auditor to investigate the BCDC enforcement actions including the exorbitant fines that are being imposed. It is critical that an independent, fair, objective, knowledgeable and transparent review be conducted.

RBOC has held meetings in the State Capitol with our elected officials regarding the Westpoint situation and our request for an audit.  We have found a receptive audience and will continue to push forward in the weeks and months ahead. Thank you for your attention and consideration of our position.