RBOC Directors Lobbying in State Capitol on Key Boater Issues

The members of the voluntary, 18-member RBOC Board of Directors are lobbying in the State Capitol today, meeting with their elected representatives and advocating boater interests on key issues of importance to boaters statewide.

Issues they are lobbying include:

Vessel Operator Certification

RBOC is working with the Division of Boating and Waterways as it prepares a new boat operator educational program that requires operators of boats powered by engines pass a state-approved course and obtain a certificate. 

A representative of RBOC is on the Technical Advisory Committee that held its initial meeting in March and is working to advise the Division as it implements the new program.

The requirement will begin to phase in over a seven-year period starting in 2018.

RBOC supported the legislation, SB 941 [Monning-DeSaulnier, Chapter 433, Statutes of 2014].

For a copy of that enacted measure: click here

Abandoned Watercraft Abatement Fund - Commercial Vessels

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

Boating Under the Influence - AB 1829 [Levine]

RBOC is supporting AB 1829 [Levine] that would clarify the boating under the influence law.

Copper-based Anti-fouling Surfaces

RBOC is working together with the respected national boater advocacy organization BoatUS, requesting that elected officials contact the USEPA and urge its approval of the Biotic Ligand Model [BLM] for the marine environment.

This will allow for accurate measurement of the copper’s effect on particular locations and provide regional water quality control boards [RWQCBs] with information to determine if bans on copper antifouling paints are needed to protect water quality.

Non-Native Aquatic Species

RBOC is supporting the dedicated efforts of the Division of Boating and Waterways to identify and commit the necessary resources to combat non-native aquatic species, and to develop and implement long-term strategies that can be more effective than past efforts.

Barriers to Navigation

RBOC seeks assurances that, as any changes are contemplated to further alter Delta navigable waterways, alternatives are identified and implemented that will best preserve and sustain recreational boat passage at each location.

Renewable Fuel Standard - Federal Legislation

RBOC is working together with the respected national boater advocacy organization BoatUS in support of S. 577, the "Corn Ethanol Mandate Elimination Act of 2015" which is authored by Senators Diane Feinstein and Pat Toomey.

 

RBOC Supporting Bill Clarifying BUI Law

RBOC is supporting AB 1829 [Levine] that would clarify the boating under the influence law.

Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure.

This bill would instead require the arrested individual to be advised that:

  • A criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both;
  • He or she has a right to refuse chemical testing; and
  • The officer has the authority to seek a search warrant compelling him or her to submit a blood sample.

 

RBOC Opposing Bill to Open up Boater Funds to Commercial Vessels

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

This bill 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 RBOC-supported Abandoned Watercraft Abatement Fund [AWAF] and Vessel Turn-in Program [VTIP]. 

This program provides funds to public agencies to remove, store, and dispose of abandoned, wrecked, or dismantled vessels or any other partially submerged objects 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.

RBOC is concerned that AB 2092 would open up AWAF and VTIP to commercial vessels. In particular:

  • 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 top priority at 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.

 

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.

Invasive Species Oversight Legislation Held in Committee

The RBOC-supported SB 223 [Galgiani] has not moved off of suspense in the Assembly Appropriations Committee and the measure is not expected to move forward this year.

This urgency bill would require the Division of Boating and Waterways within the Department of Parks and Recreation to establish an advisory committee to evaluate and monitor activities related to the management and control of invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh

Of note from the analysis of the Appropriations Committee:

“Increased potential costs of up to $290,000 (GF or Harbors and Watercraft Revolving Fund) until 2019 for the division to comply with the provisions of the bill. This costs assumes the committee created by the bill will identify new recommendations for division activities.

“However, there are two existing committees that provide input of the division's aquatic weed program.  The first, in consultation with the US Department of Agriculture addresses the research, management and control of invasive aquatic plants in the Delta and Suisun Marsh. 

“The second, the Interagency Aquatic Invasive Species Coordination Team takes a broad perspective on controlling and managing invasive aquatic plants in the Delta.  Given the existing efforts on this subject, the costs estimated by the DPR should be viewed as a maximum with actual costs potentially much lower.”

RBOC-supported Legislation for Oversight of Invasive Aquatic Plants Efforts Passes Assembly Committee

RBOC-supported legislation SB 223 [Galgiani] that would establish an advisory and oversight committee to evaluate and monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants will pass the Assembly Water, Parks and Wildlife Committee following today's hearing. RBOC testified in support of the bill.

The provisions of SB 223 would enhance the existing laws that designate the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and that prescribes the duties of the division with regard to the management and control or eradication of those plants.

The increasing infestations of aquatic invasive plants, especially throughout the Sacramento-San Joaquin Delta, confirm the critical need to accomplish increased effectiveness and efficiencies. SB 223 is in furtherance of this objective.

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.

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.

July 23 Meeting - Copper and Metals in Newport Bay

Boaters and clubs are encouraged to attend one of two scoping meetings that will be held on July 23 in Newport Beach to discuss the scope and content of a document that will be part of the basin plan amendments related to copper and other metals in Newport Bay.  RBOC will be participating.

Two scoping meetings will be held at the following times and location (the same information will be presented at both meetings):

Date:

July 23, 2015

Times:

1:30 to 3:30 pm, and

6:00 to 8:00 pm

Location:

City of Newport Beach, Community Room, 100 Civic Center Drive, Newport Beach, CA 92660

Project - the public scoping meeting is in regard to:

In the Matter of Proposed Amendments to the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) related to Copper and other Metals Impairments in Newport Bay.

The purpose of the scoping meeting is to provide a forum for early public consultation regarding the environmental issues that should be considered in the development of the proposed Basin Plan amendments.

This consultation will assist the Regional Board in identifying the range of actions, alternatives, mitigation measures, and significant environmental effects to be analyzed prior to the decision-making process.

A project summary and other pertinent information is available at: click here

Background:

The California Regional Water Quality Control Board, Santa Ana Region, staff will hold a CEQA scoping meeting pursuant to California Public Resources Code Section 21083.9.

The scoping meeting will provide participants the opportunity to comment on the appropriate scope and content of the “functionally equivalent” substitute environmental document that will be prepared in support of the Basin Plan amendments.

The substitute environmental document will be prepared pursuant to Public Resources Code Section 21080.5, and the State Water Resources Control Board’s regulations related to Certified Regulatory Programs (Title 23, Section 3775 et seq.).

RBOC-supported BUI Legislation Proceeds to Governor

RBOC-supported legislation to harmonize certain boating under the influence [BUI] laws with the state’s driving under the influence [DUI] laws will now proceed to the Governor for his consideration.

AB 539 [Levine, D-San Rafael] 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.

According to Assembly Member Levine, the measure is intended to bring boating laws in line with DUI laws, and to provide law enforcement with the proper tools to investigate and prosecute those who are boating under the influence.

The measure is sponsored by the California State Sheriffs' Association and is also supported by a number of law enforcement and marine industry organizations as well as RBOC.

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.

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.

RBOC Testifies in Support of BUI Legislation.

RBOC President Greg Gibeson testified this afternoon in the Assembly Committee on Transportation in support of AB 638 [Frazier] which would enhance the state's requirements for children under 13 years of age to wear a personal flotation device [PFD].

It is anticipated that the bill will pass committee with a bipartisan vote.

AB 638 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.

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 canvass, 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.

RBOC Supporting Legislation Addressing Marine Debris

RBOC is supporting AB 1323 [Frazier], legislation that would establish a new definition of marine debris in the Public Resources Code, and that would provide expedited procedures to remove worthless marine debris, as the bill was amended on April 6.

RBOC supports the key provisions of AB 1323 that would:

  • Define marine debris as a vessel or part of a vessel, including a derelict, wreck, hulk or part of any ship or other watercraft or dilapidated vessel, that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water.
  • Provide an expedited procedure for marine debris that is floating, sunk, partially sunk, or beached in or on a public waterway, public beach, or on state tidelands or submerged lands, and that has no value or a value that does not exceed the cost of removal and disposal, to be removed and destroyed, or otherwise disposed of, by any state, county, city, or other public entity having jurisdiction over its location or having authority to remove marine debris or solid waste.
  • Establish a number of conditions for removal including posting and notification depending on whether or not there is discernible registration
  • Provide authority for immediate removal and disposal of marine debris that constitutes a public nuisance or a danger to navigation, health, safety, or the environment.
  • Authorize the costs incurred by a public entity for removal and disposal of marine debris to be recovered from an owner or any person or entity who placed or caused the marine debris to be in or on the public waterway, public beach, or state tidelands or submerged lands through any appropriate legal action in the courts of this state or by administrative action.

RBOC Supporting Legislation for Increased Oversight of State Efforts on Invasive Aquatic Plants

RBOC is supporting SB 223 [Galgiani], legislation that would establish an advisory and oversight committee to monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants.

The provisions of SB 223 would enhance the existing laws that designate the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and that prescribes the duties of the division with regard to the management and control or eradication of those plants.

The increasing infestations of aquatic invasive plants, especially throughout the Sacramento-San Joaquin Delta, confirm the critical need to accomplish increased effectiveness and efficiencies. SB 223 is in furtherance of this objective.

RBOC Supporting Extension of PFD Requirement for Children Under 13

RBOC is supporting AB 638 [Frazier], legislation that would enhance safety on the state’s waterways.

AB 638 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.

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 canvass, 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.