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

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.

Governor Jerry Brown Signs RBOC-supported Legislation on Delta Invasive Species Collaboration

Governor Jerry Brown has signed into law the RBOC-supported SB 704 [Galgiani] that will require the Division of Boating and Waterways (DBW) to collaborate with the California Conservation Corps (CCC), to the extent feasible, to use its corps members in implementing invasive aquatic plants control programs in the Delta, its tributaries, and the marsh.

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.