Susan Eggman
- Democratic
- Senator
- District 5
Author
Existing law establishes within the Natural Resources Agency, the State Lands Commission consisting of the Controller, the Lieutenant Governor, and the Director of Finance. Existing law vests in the commission exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the state, and of the beds of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits, including tidelands and submerged lands. Existing law authorizes the commission to take immediate action to remove from areas under its jurisdiction a vessel that is left unattended and is moored, docked, beached, or made fast to land in a position as to obstruct the normal movement of traffic or in a condition as to create a hazard to navigation, other vessels using a waterway, or the property of another. Existing law requires the commission, by July 1, 2019, and in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, to develop a plan for the removal of abandoned commercial vessels. This bill would establish the California Abandoned and Derelict Commercial Vessel Program within the Natural Resources Agency, to be administered by the commission, upon appropriation by the Legislature, to bring federal, state, and local agencies together to identify, prioritize, and fund the removal and proper disposal of abandoned and derelict commercial vessels and other debris from commercially navigable waters, as defined. The bill would require the commission, upon appropriation by the Legislature, on or before July 1, 2024, to create, and regularly update and maintain thereafter, an inventory of abandoned and derelict commercial vessels on or in commercially navigable waters, as provided, and, on or before July 1, 2025, to develop a plan to prevent or reduce abandoned and derelict commercial vessels on or in commercially navigable waters, as provided. This bill would establish the California Abandoned and Derelict Commercial Vessel Program Task Force as an advisory body within the Natural Resources Agency, consisting of specified members. The bill would require the task force, in consultation with impacted local governments, to, among other things, provide policy guidance for the program and advise on the prevention, removal, destruction, and disposal of abandoned and derelict commercial vessels, as provided. The bill would require the task force to develop a system for prioritizing the removal of the abandoned and derelict commercial vessels identified by the commission, as provided. This bill would require the commission, on or before December 1, 2023, to enter into a memorandum of agreement with specified state agencies, and other relevant federal, state, or local agencies, as provided, for the purposes of abandoned and derelict commercial vessel and other debris cleanup and removal from commercially navigable waters. The bill would require, upon execution of the memorandum of agreement and the availability of funds, the commission to immediately authorize and execute the removal of abandoned and derelict commercial vessels and other debris, as specified. This bill would establish the California Abandoned and Derelict Commercial Vessel Program Trust Fund in the State Treasury and would require that, upon appropriation by the Legislature, moneys in the fund be used by the commission to fund the removal of abandoned and derelict commercial vessels and other debris pursuant to the program, as provided. This bill would prohibit, except as specified, a commercial vessel, as defined, that is at risk of becoming derelict from occupying, or anchoring, mooring, or otherwise being secured in or on, the waters of the state. The bill would provide that a commercial vessel is at risk of becoming derelict if certain conditions exist, including that the commercial vessel is taking on or has taken on water without an effective means to dewater. The bill would authorize a peace officer, as defined, to find that a commercial vessel is at risk of becoming derelict if these conditions exist. The bill would subject a person who violates this prohibition to a civil penalty of not less than $1,000 and not more than $5,000 per day of violation, and would prescribe other requirements related to a civil action, including the assessment of a civil penalty and the recovery of other specified costs, brought for a violation of this prohibition. The bill would also authorize a peace officer to seize or order the removal of a commercial vessel that is at risk of becoming derelict, as provided. The bill would require 75% of civil penalties and other costs collected be deposited into the California Abandoned and Derelict Commercial Vessel Program Trust Fund and, upon appropriation by the Legislature, 25% distributed to the Attorney General, district attorney, or city attorney prosecuting the action, as specified.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Read third time. Passed. Ordered to the Senate.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 5332.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11).
August 3 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 28). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 20).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 3933.) Ordered to the Assembly.
Ordered to special consent calendar.
From committee: Do pass. (Ayes 7. Noes 0. Page 3781.) (May 19).
Read second time. Ordered to third reading.
Set for hearing May 19.
May 16 hearing: Placed on APPR suspense file.
Set for hearing May 16.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3513.) (April 26).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 3327.) (April 5). Re-referred to Com. on JUD.
Set for hearing April 26 in JUD. pending receipt.
Set for hearing April 5.
Withdrawn from committee.
March 22 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.
Set for hearing March 22.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1065 | HTML |
| 02/15/22 - Introduced | |
| 03/14/22 - Amended Senate | |
| 04/28/22 - Amended Senate | |
| 06/13/22 - Amended Assembly | |
| 06/22/22 - Amended Assembly | |
| 08/15/22 - Amended Assembly | |
| 08/23/22 - Amended Assembly | |
| 09/01/22 - Enrolled |
| Document | Format |
|---|---|
| 03/30/22- Senate Natural Resources and Water | |
| 04/22/22- Senate Judiciary | |
| 05/17/22- Senate Appropriations | |
| 05/22/22- Sen. Floor Analyses | |
| 06/17/22- Assembly Natural Resources | |
| 06/24/22- Assembly Judiciary | |
| 08/01/22- Assembly Appropriations | |
| 08/17/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/23/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/30/22- Sen. Floor Analyses | |
| 10/12/22- Sen. Floor Analyses |
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