RBOC Supporting Boating Under the Influence Legislation

RBOC is supporting AB 539 [Levine], legislation that would enhance the state's boating under the influence laws towards improved safety on the state’s waterways.

AB 539 would authorize the issuance of a search warrant to compel a blood draw from a person suspected of operating a boat while under the influence of alcohol or drugs, when the following conditions are present:

  • A blood sample constitutes evidence that tends to show a violation of specified sections of the Harbors and Navigation Code relating to the operation of a marine vessel while under the influence of drugs or alcohol;
  • The person from whom the sample is being sought has refused an officer's request to submit to, or has failed to complete, a blood test; and,
  • The sample will be drawn from the person in a reasonable, medically approved manner.

With these provisions, AB 539 would bring boating laws in line with vehicular DUI laws in a reasonable manner, and would provide law enforcement with the proper tools to investigate and prosecute those boating under the influence. 

Senator Cathleen Galgiani Introduces Legislation for Oversight Committee on Invasive Plants Efforts

Senator Cathleen Galgiani [D-Stockton], following upon the "Invasive Weeds of the Delta" Town Hall Forum she held in Stockton on December 15, has now introduced SB 223 which would require the state Division of Boating and Waterways, by January 1, 2017, to establish an advisory and oversight committee to monitor the activities of the division relating to the management and control or eradication of invasive plants.

Governor Signs Vessel Operator Certification Bill into Law

Governor Jerry Brown has signed into law RBOC-supported SB 941 [Monning and DeSaulnier] to phase-in a boat operator certification requirement in California.

SB 941 requires that boat operators pass a boating education examination and obtain a vessel operator card issued by the state Division of Boating and Waterways [DBW] in order to operate a boat in California that is propelled by an engine. This legislation will enhance safety on the state’s waterways.

SB 941 is modeled on legislation RBOC sponsored previously. This new measure requires DBW to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual.

The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025.

Importantly, online education including the free BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

Boaters are subject to the certification requirement  according to the following schedule:

  • On and after January 1, 2018: A person 20 years of age or younger.

  • On and after January 1, 2019: A person 25 years of age or younger.

  • On and after January 1, 2020: A person 35 years of age or younger.

  • On and after January 1, 2021: A person 40 years of age or younger.

  • On and after January 1, 2022: A person 45 years of age or younger.

  • On and after January 1, 2023: A person 50 years of age or younger.

  • On and after January 1, 2024: A person 60 years of age or younger.

  • On and after January 1, 2025: All persons, regardless of age.

 In addition, the fees to be established by DBW for certificates will be at levels sufficient to cover the reasonable costs of the development, establishment, and operation of the program. SB 941 will prohibit the fees from exceeding those costs.

RBOC Urging Governor's Signature of Vessel Operator Certification Legislation

RBOC supports SB 941 [Monning and DeSaulnier] that would phase-in a boat operator certification requirement in California, and the boater advocacy organization is urging California Governor Jerry Brown to sign this significant safety measure into law.

RBOC supports that provisions of SB 941 that would require that boat operators pass a boating education examination and obtain a vessel operator card issued by the state Division of Boating and Waterways [DBW] in order to operate a boat in California that is propelled by an engine. This legislation will enhance safety on the state’s waterways.

SB 941 is modeled on legislation RBOC sponsored previously. This new measure would require DBW to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual.

The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025.

Importantly, online education including the free BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

In addition, the fees to be established by DBW for certificates will be at levels sufficient to cover the reasonable costs of the development, establishment, and operation of the program. SB 941 would prohibit the fees from exceeding those costs.

Vessel Operator Certification Bill Passes Legislature, Proceeds to Governor

The RBOC-supported SB 941 [Monning and DeSaulnier] has passed the State Legislature and now proceeds to California Governor Jerry Brown for his consideration.

The Senate today concurred in the Assembly amendments to the measure. The bill passed the Assembly on August 20.

SB 941 would require the Division of Boating and Waterways to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

 

Vessel Operator Certification Bill Passes Appropriations

SB 941 [Monning and DeSaulnier] passed the Assembly Appropriations Committee at its August 14 hearing. 

SB 941 would require the Division of Boating and Waterways [DBW] to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

Amendments were announced by the Committee Chair as SB 941 passed committee.

RBOC-supported Bill Revising Penalties for Minor Violations Signed into Law

California Governor Jerry Brown has signed into law RBOC-supported legislation reclassifying certain boat operation violations as infractions and reducing the associated fines.

SB 1162 [Berryhill] was pursued with the thought that reclassifying penalties for minor violations will result in increased enforcement, and therefore increased compliance, while at the same time reducing the burden on the court system. 

  • When these relatively minor violations carry the weight of a misdemeanor, law enforcement officers become reluctant to issue citations and instead issue warnings which can reduce the effectiveness of the  law to deter the unwanted behavior. 
  • When citations are issued for these violations, with misdemeanor penalties, prosecutors and courts often fail to take action on them because they are considered minor in comparison to other, more serious offenses with which law enforcement and the courts are engaged.

The enacted bill reclassifies the following misdemeanors as infractions, and reduces the associated fines as noted:

  1. Mooring a vessel to a buoy or beacon, except a designated mooring buoy ($100);
  2. Violating a "blue light law" by failing to provide a clear course for a law enforcement vessel ($100);
  3. Owning, operating, commanding, or permitting the use of a vessel at a speed over five miles per hour (mph) within 100 feet of a swimmer ($100);
  4. Owning, operating, commanding, or permitting the use of a vessel at a speed over five mph within 200 feet of an occupied beach, swimming float, diving platform, lifeline, or way or landing float used to fast a boat ($100);
  5. Operating a vessel towing a person on water skis without a person of at least 12 years of age on board, in addition to the operator, to monitor the progress of the persons being towed ($200);
  6. Operating a vessel towing a person on water skis at night ($200);
  7. Violating the United States Coast Guard Navigation Rule 20 relating to navigation lights, which describes timeframe and condition during which vessel operators must comply with regulations on lighting ($100);
  8. Improperly shielding floodlights or headlights that may interfere with proper navigation of approaching vessels ($100); and,
  9. Performing certain reckless or negligent acts including riding on the bow, gunwale, or transom of a moving vessel that lacks deterrents to falling overboard ($250).

 

Vessel Operation Certification Bill Presented in Appropriations Committee

RBOC testified in support of SB 941 [Monning, DeSaulnier] as Senator Bill Monning presented the bill to the Assembly Appropriations Committee on July 2.

The measure was placed "on suspense" due to the anticipated state costs. Measures placed on suspense will be taken up in mid-August.

The committee analysis provided the following:

  • To develop, implement and report on the new program will require two positions at a cost of $170,000 annually and an information technology position for up two years at $90,000 annually.
  • Based on the experience of Washington State, the DBW anticipates that up to 20% (estimate at about 250,000) of those required to complete the boater safety course will do so using a home study course option. At an estimate cost of $6 to print the home study course booklet, total costs would be $1.5 million over several years as the course requirement expands to more age groups until 2025.
  • The DBW anticipates that, as in other states, the division will contract with a private course provider who will collect a fee for the course and certification and remit a portion of the fee to the state sufficient to cover the department's start-up and operating costs.

Coastal Commission Administrative Fine Authority Bill Signed into Law

Budget trailer legislation has been signed into law to authorize the California Coastal Commission with administrative fine authority in certain situations.

  • SB 861 allows the Commission to impose an administrative civil penalty upon a person who violates public access provisions of the Coastal Act, by a majority vote of the commissioners, upon consideration of various factors.
  • The fine could be in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court.
  • The bill authorizes the penalty to be assessed for each day the violation persists, but for no more than 5 years.
  • The bill prohibits a person from being subject to both this monetary civil liability imposed by the commission and a monetary civil liability imposed by the superior court for the same act or failure to act.
  • The bill also allows the commission to record a lien on the property of a violator in the amount of the penalty assessed by the commission if the violator fails to pay the penalty.
  • The bill prohibits the assessment of administrative penalties in certain cases if the property owner corrects the violations.

July 2 Hearing on Vessel Operator Certification Legislation

RBOC is planning to testify in support of SB 941 [Monning and DeSaulnier] when it is considered in the Assembly Appropriations Committee at its July 2 hearing.

SB 941 would require the Division of Boating and Waterways [DBW] to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

RBOC testified in support of the bill in the Assembly Transportation Committee, together with the boating industry organizations.

RBOC will continue to be engaged as SB 941 moves forward as a work-in-progress. Key provisions RBOC is continuing to address include the fees associated with the new program, the implementation of the bill by the Division of Boating and Waterways, and other issues.

Vessel Operator Certification Bill Passes Assembly Policy Committee

SB 941 [Monning and DeSaulnier] has passed the Assembly Committee on Transportation and now proceeds to the Assembly Appropriations Committee for consideration.

SB 941 would require the Division of Boating and Waterways [DBW] to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

RBOC testified in support of the bill in the Assembly Transportation Committee, together with the boating industry organizations.

RBOC will continue to be engaged as SB 941 moves forward as a work-in-progress. Key provisions RBOC is continuing to address include the fees associated with the new program, the implementation of the bill by the Division of Boating and Waterways, and other issues.

RBOC Opposing Bills Providing Coastal Commission with Administrative Fine Authority

RBOC is opposing budget trailer legislation that would authorize the California Coastal Commission with administrative fine authority.

  • The bills would allow the Commission to impose an administrative civil penalty upon a person who violates public access provisions of the Coastal Act, by a majority vote of the commissioners, upon consideration of various factors.
  • The fine could be in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court.
  • The bills would authorize the penalty to be assessed for each day the violation persists, but for no more than 5 years.
  • The bills would prohibit a person from being subject to both this monetary civil liability imposed by the commission and a monetary civil liability imposed by the superior court for the same act or failure to act.
  • The bills would also allow the commission to record a lien on the property of a violator in the amount of the penalty assessed by the commission if the violator fails to pay the penalty.
  • The bills would prohibit the assessment of administrative penalties in certain cases if the property owner corrects the violations.

These provisions were amended into AB 1466 on June 12 and the measure is scheduled to be taken up on Sunday, June 15 as a budget trailer bill. The provisions were also amended into into SB 861 on June 13.

The Legislature is working to pass the budget bill and related provisions to the Governor on June 15.

June 16 Hearing on Vessel Operator Certification Bill

RBOC plans to testify in support of SB 941 [Monning and DeSaulnier] when the measure is considered in the June 16 hearing of the Assembly Committee on Transportation.

SB 941 would require the Division of Boating and Waterways [DBW] to issue a vessel operator card to individuals who have passed an approved examination. 

The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

RBOC will continue to be engaged as SB 941 moves forward as a work-in-progress. Key provisions RBOC is continuing to address include the fees associated with the new program, the implementation of the bill by the Division of Boating and Waterways, and other issues.

RBOC-supported Bill Revising Penalties for Minor Violations Passes Assembly Policy Committee

Legislation reclassifying certain boat operation violations as infractions and reducing the associated fine has passed the Assembly Transportation Committee. Testimony in support was provided by the bill sponsor the California State Sheriffs Association as well as bill supporter RBOC.

SB 1162 [Berryhill] is being pursued with the thought that reclassifying penalties for minor violations will result in increased enforcement, and therefore increased compliance, while at the same time reducing the burden on the court system. 

  • When these relatively minor violations carry the weight of a misdemeanor, law enforcement officers become reluctant to issue citations and instead issue warnings which can reduce the effectiveness of the  law to deter the unwanted behavior. 
  • When citations are issued for these violations, with misdemeanor penalties, prosecutors and courts often fail to take action on them because they are considered minor in comparison to other, more serious offenses with which law enforcement and the courts are engaged.

The bill would reclassify the following misdemeanors as infractions, and would reduce the associated fine as noted:

  1. Mooring a vessel to a buoy or beacon, except a designated mooring buoy ($100);
  2. Violating a "blue light law" by failing to provide a clear course for a law enforcement vessel ($100);
  3. Owning, operating, commanding, or permitting the use of a vessel at a speed over five miles per hour (mph) within 100 feet of a swimmer ($100);
  4. Owning, operating, commanding, or permitting the use of a vessel at a speed over five mph within 200 feet of an occupied beach, swimming float, diving platform, lifeline, or way or landing float used to fast a boat ($100);
  5. Operating a vessel towing a person on water skis without a person of at least 12 years of age on board, in addition to the operator, to monitor the progress of the persons being towed ($200);
  6. Operating a vessel towing a person on water skis at night ($200);
  7. Violating the United States Coast Guard Navigation Rule 20 relating to navigation lights, which describes timeframe and condition during which vessel operators must comply with regulations on lighting ($100);
  8. Improperly shielding floodlights or headlights that may interfere with proper navigation of approaching vessels ($100); and,
  9. Performing certain reckless or negligent acts including riding on the bow, gunwale, or transom of a moving vessel that lacks deterrents to falling overboard ($250).

 

Boat Operator Certification Bill Passes Senate

RBOC-supported legislation to phase-in a boat operator certification requirement has passed the California State Senate and now proceeds to the Assembly for consideration.

SB 941 [Monning and DeSaulnier] would require DBW to issue a vessel operator card to individuals who have passed an approved examination.  The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

RBOC will continue to be engaged as SB 941 moves forward as a work-in-progress. Key provisions RBOC is continuing to address include the fees associated with the new program, the implementation of the bill by the Division of Boating and Waterways, and other issues.

Boat Operator Certification Bill Passes Fiscal Committee

RBOC-supported legislation to phase-in a boat operator certification requirement has passed a key step, the Senate Committee on Appropriations.

SB 941 [Monning and DeSaulnier] would require DBW to issue a vessel operator card to individuals who have passed an approved examination.  The requirement to obtain a vessel operator card would apply initially to operators 20 years of age or younger with a phased-in implementation date depending on the age of the individual. The seven-year phase-in would begin in 2018 and would eventually apply to everyone as of 2025. The requirement would apply to operators of vessels propelled by engines.

Importantly, online education such as the BoatUS Foundation course will be an option. The BoatUS Foundation course is available at: http://www.boatus.org/courses/

RBOC will continue to be engaged as SB 941 moves forward as a work-in-progress. Key provisions RBOC is continuing to address include the fees associated with the new program, the implementation of the bill by the Division of Boating and Waterways, and other issues.

RBOC April 21 Copper Workshop - The Log Reports

The Log publication has posted a report on the April 21 RBOC Copper Strategy Workshop attended by thirty individuals in Newport Beach.

The session discussed the actions being taken by local regional water quality control boards to implement copper total maximum daily loads [TMDLs] in impaired water bodies in California.

This occurred first in Shelter Island Yacht Basin in San Diego. Earlier this year, this occurred in Marina Del Rey. Next up could be Newport Beach, and others are anticipated.

For the article in the Log visit the publication at:http://www.thelog.com/Local/Article/Boaters--scientists-investigate-apprehensions-over-TMDLs-in-workshop

 

April 21 Copper Workshop Topics Posted

Join us at our April 21 Strategy Session Workshop on Copper.

The issue - Local regional water quality control boards are taking action to implement copper total maximum daily loads [TMDLs] in impaired water bodies in California. This occurred first in Shelter Island Yacht Basin in San Diego. Earlier this year, this occurred in Marina del Rey.  Next up could be Newport Beach, and others are anticipated.

In each of these situations, a good deal of misunderstanding surrounds the topic of copper based anti-fouling paint.  Some regional water quality control boards, following the requirements of the Clean Water Act, have started to implement measures that seek to reduce the amount of copper in the water. The target has been recreational boaters and the reliance upon copper based anti-fouling paint.

The real problem, however, is that the current federal standard is overly protective and that, in fact, the copper in the water of our marinas is not in any way toxic to benthic organisms.

The Environmental Protection Agency [USEPA] could promulgate a new and economic method to determine realistic site-specific copper standards: the Biotic Ligand Model [BLM]. This would enable a correct assessment of the impairment to marine waters due to copper.

We need to take action. See you at the Workshop!

Details:

2:00 pm Monday, April 21, 2014

Newport Beach Civic Center Community Room

100 Civic Center Drive, Newport Beach, CA 92660

Please rsvp by email to rboc@rboc.org

Workshop Topics:

1.       Welcome and Orientation                                           

2.       Background & Update                                                  

3.       California DPR Pesticide Re-registration                

4.       Bio Ligand Model – USEPA                                          

5.       San Diego                                                                           

6.       Marina del Rey                                                                 

7.       Newport Beach                                                                               

8.       Where do we go from Here                                       

a.      TMDLs before Regional Boards

b.      BLM Adoption

c.       Site-specific Objectives

d.      Statewide Approach      

#   #   #

Boat Operator Certification Bill Passes 1st Committee

The RBOC-supported boat operator certification legislation SB 941 [Monning-DeSaulnier] passed the Senate Committee on Natural Resources and Water on April 8 with RBOC Vice President North Greg Gibeson testifying in support. The measure next proceeds to the Senate Committee on Appropriations for consideration.

RBOC to Testify April 8 in Support of Two Bills

RBOC is planning to testify on Tuesday April 8 before the Senate Committee on Natural Resources and Water in support of two bills: SB 941 [Monning & DeSaulnier] to phase-in a boat operator certification requirement; and SB 1162 [Berryhill] to reduce some vessel operator misdemeanors to infractions.