Boating and waterways: Department of Boating and Waterways.

Under existing law, the Department of Boating and Waterways regulates, among other things, harbors, ports, boating, and waterways pursuant to the Harbors and Navigation Code. Existing law authorizes the department to acquire, construct, develop, and improve small craft harbors, subject to provisions that require the department to transfer these facilities to a county, city, or district, as specified, that requests that transfer and enters into an agreement to repay the state for acquiring and developing the harbor and that authorize the deferral of a local governing body's repayment of the costs to the state for these activities. This bill would authorize, rather than require, a small craft harbor acquired or developed by the department to be transferred to a county, city, or district under specified circumstances. The bill would eliminate certain authority of the department to defer repayments required of a local governing body or reimburse deficiencies of revenues to allow a facility to meet operation and maintenance costs of a project. Existing law authorizes the department, subject to approval of the Legislature as provided, to make loans to cities, counties, or certain districts for the planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection with the harbors and connecting waterways. The department is required to establish rules and regulations to be followed in making these loans that include certain policies and standards. This bill would also authorize these loans for the design of the harbors and facilities. Existing law authorizes the department to make loans to private marina owners to develop a recreational marina, which may be used for various activities. Existing law limits a loan to a private marina owner to 75% of the funds annually budgeted for recreational marinas. This bill would also authorize these loans for acquisition and would delete the limit on the loan amount. Existing law requires loans under these provisions to include certain minimum terms and conditions, including, for loans for private marinas, a minimum annual rate of interest charged by the department of 1% per annum, as provided. This bill would revise these loan conditions to provide that the annual interest rate charged for a loan shall be set annually by the commission, as described. The bill would authorize the department to restate existing loans, upon written request by the borrower, and upon approval by the commission. Existing law requires a person 11 years of age or younger to wear a United States Coast Guard-approved life vest when aboard a motorboat, sailboat, or vessel that is underway. This bill would apply this requirement instead to a person under 13 years of age. Existing law makes it a misdemeanor to moor a vessel or hang on with a vessel to a buoy or beacon. This bill would except from this prohibition designated mooring buoys. Existing law requires the department, upon the request of the Director of Fish and Game, to perform various activities regarding efforts to control and eradicate Caulerpa taxifolia from the Agua Hedionda Lagoon in San Diego County. This bill would delete this provision. Existing law requires a person convicted of certain violations of the Harbors and Navigation Code to complete and pass a boating and safety course approved by the department. It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motorized vessel or while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the vessel. This bill would impose the boating and safety course requirement on a person who violates this provision. Existing law provides that a person who violates various provisions of the Harbors and Navigation Code is guilty of a felony, or is punishable by imprisonment in the state prison, for unspecified or specified timeframes. This bill would provide that a person who violates these provisions is guilty of a felony and would establish the same maximum fine and imprisonment for all of these felony violations. Existing law also provides that certain violations of the Harbors and Navigation Code are misdemeanors. This bill would specifically state the penalty for these misdemeanor violations. By increasing certain penalties for misdemeanor violations, this bill would impose a state-mandated local program. Under existing law, local agencies are required to certify to the Department of Boating and Waterways that, for specified small craft harbor or boating facilities funded by the department, adequate shoreside facilities, as described, are provided or to provide written findings showing why the facility cannot certify to these conditions. This bill would require local agencies to make that certification annually and for additional facilities, thereby imposing a state-mandated local program. Existing law requires a city, county, or district that has received funds for the construction or improvement of small craft harbors that provide facilities for commercial fishing vessels to provide alternative equivalent facilities for commercial passenger fishing vessels and private recreational vessels. This bill would require that alternative equivalent facility to additionally provide vessel pumpout facilities, oil recycling facilities, and receptacles for separating, reusing, or recycling solid waste materials, thereby imposing a state-mandated local program. The bill would also provide that a small craft harbor or boating facility constructed, developed, or improved with specified funds meet, at a minimum, applicable green building standards. The bill would make technical, nonsubstantive changes to certain provisions of the Harbors and Navigation Code. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.