DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30. - 88.]
Heading of Division 1 amended by Stats. 1978, Ch. 365.
§§ 30–88 · 113 sections
CHAPTER 1. General Provisions and Definitions §§ 30–40 · 10 sections
- § 30 Unless the context otherwise requires, the general provisions and definitions in this chapter govern the construction of this division.
- § 30.5 Whenever the term “Business, Transportation and Housing Agency” appears within the Harbors and Navigation Code, it shall refer to the Transportation Agency,…
- § 32 “Department” or “Division” means the Division of Boating and Waterways in the Department of Parks and Recreation.
- § 33 “Director” or “deputy director” means the Deputy Director of Boating and Waterways.
- § 34 “Harbor” means a portion of the ocean or inland waters within the jurisdiction of this state either naturally or artificially protected so as to be a place of…
- § 35 “Channel” means any waterway now navigable in fact by vessels or artificially improved or created so as to be navigable by vessels, including the structures…
- § 36 “Navigable waters” means waters which come under the jurisdiction of the United States Corps of Engineers and any other waters within the state with the…
- § 38 The adoption, repeal, amendment, or modification of any rules and regulations pursuant to this division shall be made in accordance with Chapter 3.5…
- § 39 Any construction or development authorized by this division that also constitutes a project within the definition of Section 10105 of the Public Contract Code,…
- § 40 Facilities in harbors and connecting waterways established under the provisions of this division shall be open to all on equal and reasonable terms; provided…
CHAPTER 2. Department of Boating and Waterways §§ 50–77.1 · 85 sections
ARTICLE 1. Administration §§ 50–50.8 · 6 sections
- § 50 (a) The Department of Harbors and Watercraft and its successor, the Department of Navigation and Ocean Development, and the Department of Boating and Waterways…
- § 50.1 (a) Whenever the term “Division of Small Craft Harbors” or the term “Small Craft Harbors Commission” or the term “Department of Boating and Waterways” is used…
- § 50.2 The division shall be administered by an executive officer known as the Deputy Director of Boating and Waterways. Any reference to the Director of Boating and…
- § 50.4 The director, before entering upon his duties, shall execute and deliver to the state an official bond in the sum of twenty-five thousand dollars ($25,000)…
- § 50.6 The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may…
- § 50.8 The director, with the approval of the Governor, may arrange and classify the work of the department and consolidate, abolish, or create divisions thereof.
ARTICLE 2. General Powers §§ 60–64.7 · 22 sections
- § 60 The Resources Agency shall represent the State of California and the Governor of California in relationships with the Chief of Engineers, United States Army,…
- § 60.2 The department may enter into agreements with the United States and with any county, city, district, or other political subdivision of this state in connection…
- § 60.4 The department may enter into any contract of agreement with the United States Department of the Army or any other agency or instrumentality of the United…
- § 60.6 The department may enter into any contracts or agreements that may be necessary in carrying out the provisions of this division including agreements to hold…
- § 60.8 The department may do any act or enter into any contract or agreement desirable in carrying out the purposes of this division.
- § 61 The department may take such action as may be necessary to take advantage of any act of Congress heretofore or hereafter enacted which may be of assistance in…
- § 61.2 For the purposes of this division, the department may receive and accept for the state any gift, devise, grant or other conveyance of title to or any interest…
- § 61.4 The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is…
- § 61.6 The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the…
- § 61.8 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other…
- § 62 The department, with the approval of the Department of General Services, may transfer, sell or otherwise dispose of personal property under its jurisdiction,…
- § 62.4 Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or…
- § 62.6 The department, with the approval of the Department of General Services, may procure insurance on vessels owned or operated by the department against the usual…
- § 62.8 For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and…
- § 62.9 Upon request, the department shall make available to persons owning or operating small craft harbors, such information as is available to the commission…
- § 63.2 The department may sell copies of all or any part of its records at a charge sufficient to pay at least the entire actual cost to the department of the copies.…
- § 63.4 The director may recommend to the Legislature such action as may be necessary to provide the finances required of local agencies as a condition for the…
- § 63.9 In addition to other powers specified in this division and in Division 3 (commencing with Section 399), the department may do any of the following: (a) Apply…
- § 64 (a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American…
- § 64.2 To the extent feasible, the division shall collaborate with the California Conservation Corps established pursuant to Division 12 (commencing with Section…
- § 64.5 (a) The division is designated as the lead agency of the state for the purpose of cooperating with other state, local, and federal agencies in identifying,…
- § 64.7 (a) Each marina that is developed or improved with funds loaned by the department pursuant to Article 3 (commencing with Section 70) or Article 5 (commencing…
ARTICLE 2.5. Beach Erosion Control §§ 65–67.4 · 15 sections
- § 65 The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are available…
- § 65.1 To the extent that funds are available therefor, the department shall cooperate with all agencies of government, federal, state, and local, for the purposes of…
- § 65.2 The department shall prepare plans for and construct such works as its studies and investigations indicate to be necessary for beach erosion control and…
- § 65.3 When state funds are made available on a matching basis to be expended in connection with any federal project for beach erosion control or stabilization of…
- § 65.5 Whenever a beach erosion control project has been authorized by Congress for federal financial participation in accordance with Public Law 727, 79th Congress,…
- § 65.6 Notwithstanding the provisions of Section 65.5, appropriations may be made by the state, from time to time by law, to pay for the costs of sharing in such…
- § 65.7 Small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers pursuant to Section 103 of…
- § 65.9 Whenever beach erosion control works are included in a small boat harbor development project, the report of the department required by Section 65.8 shall be…
- § 66 The department, with the approval of the Director of Finance, and on terms satisfactory to the department may advance moneys appropriated for this purpose in…
- § 66.1 Where the department is the construction agency, the city, county or other public agency acting in cooperation with the department in the construction of any…
- § 67 The San Diego County Beach Erosion Control Project (Imperial Beach) is authorized for state participation pursuant to Section 65.5 substantially in accordance…
- § 67.1 The San Diego (Sunset Cliffs), California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in…
- § 67.2 The Orange County, California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with…
- § 67.3 The Los Angeles County (Redondo Beach to Malaga Cove) Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5…
- § 67.4 The department shall conduct the repair and restoration of the beach and shoreline located adjacent to the Pacific Ocean and in the City of Oceanside if the…
ARTICLE 2.6. California Recreational Boating Trails §§ 68–68.2 · 2 sections
- § 68 The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of…
- § 68.2 In conformance with the California Recreational Trails Act, the Legislature hereby finds and declares that there is a statewide and continuing interest in the…
ARTICLE 2.8. California Public Beach Restoration Act §§ 69.5–69.9 · 3 sections
- § 69.5 This chapter shall be known, and may be cited, as the California Public Beach Restoration Act.
- § 69.6 (a) The California Public Beach Restoration Program is hereby established, to be administered by the department for all of the following purposes: (1) The…
- § 69.9 (a) The Public Beach Restoration Fund is hereby created in the State Treasury. The moneys in the fund shall be available for expenditure by the department only…
ARTICLE 3. Small Craft Harbors and Connecting Waterways §§ 70–72.9 · 25 sections
- § 70 The department may prepare plans for, and acquire, construct, develop, and improve, small craft harbors, facilities in connection with the harbors, and…
- § 70.2 (a) The department may prepare or contract for the preparation of plans for, acquire or contract for the acquisition of, construct or contract for the…
- § 70.3 “Harbor of safe refuge” means a port, harbor, inlet, or other body of water normally sheltered from heavy seas by land and in which a vessel can navigate and…
- § 70.4 No city, county, or district that has received, or is receiving, money under this division for the design, planning, construction, or improvement of a small…
- § 70.5 (a) The following are harbors of safe refuge: (1) Bodega Bay Harbor. (2) Channel Islands Harbor. (3) Crescent City Harbor. (4) Dana Point Harbor. (5) Fort…
- § 70.6 If the department acquires, constructs, develops, or improves a small craft harbor pursuant to Section 70 but receives no request for transfer of its operation…
- § 70.8 The department may contract with a federal agency, state agency, or city, county, or district, in the design, planning, construction, development, and…
- § 71 The department may provide for the granting of concessions within the boundaries of harbors under the jurisdiction of the department in order to furnish the…
- § 71.2 (a) The department shall protect small craft harbors under its jurisdiction from damage and preserve the peace in those harbors. The director and the employees…
- § 71.4 (a) (1) The division, subject to the approval of the Legislature in accordance with Section 85.2, may make loans to qualified cities, counties, or districts…
- § 71.5 (a) The department shall encourage cities, counties, and districts that propose to apply for initial loan funding for new small craft harbor development…
- § 71.6 A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 shall not be made to a city, county, or district if it would provide for an indebtedness…
- § 71.7 Notwithstanding any other provision of this chapter, Section 82, or any contract or agreement to the contrary, loan payments on the loan on behalf of Spud…
- § 71.7.5 Notwithstanding any other provision of this chapter, Section 40 of this code, Section 30233 of the Public Resources Code, or any contract or agreement to the…
- § 71.8 (a) A contract or agreement for a transfer pursuant to Section 70 or a loan pursuant to Section 71.4, for which gross revenues of a small craft harbor are made…
- § 71.9 A city, county, or district may use any excess revenues from rates enacted pursuant to Section 71.4 or from other fees, rates, rents, or charges for services…
- § 72 (a) If the legislative body of a city, county, or district has acquired, constructed, or improved small craft harbor facilities pursuant to an agreement or…
- § 72.2 (a) Notwithstanding other provisions of this chapter, if the legislative body of a city, county, or district has acquired, constructed or improved small craft…
- § 72.4 An agreement or contract for a transfer pursuant to former Section 5823 of the Public Resources Code or a loan pursuant to former Section 5827 or 6499.5 of…
- § 72.5 (a) The Division, subject to the approval of the Legislature in accordance with Section 85.2, may grant funds to a county, city, district, or other public…
- § 72.6 Transfers pursuant to Section 70, loans pursuant to Section 71.4, and grants pursuant to Section 72.5 shall be made by the division with the advice of the…
- § 72.7 (a) The department may grant funds to any public agency for the construction or procurement of floating restrooms and ancillary items. (b) The department may…
- § 72.75 (a) The department may grant funds to any public agency for the construction or procurement of vessel pumpout or dump stations and ancillary items. (b) The…
- § 72.8 The department, subject to a line item appropriation by the Legislature for each proposed project, may grant funds to a county, city, district, or federal…
- § 72.9 The department, subject to a line item appropriation by the Legislature for each proposed project, may acquire property to provide for waterway public access…
ARTICLE 4. Vessels and Vessel Operators § 75 · 1 section
- § 75 The department has such powers and duties relating to vessels and vessel operators as are imposed upon the department by Chapter 5 (commencing with Section…
ARTICLE 5. Recreational Marinas §§ 76–77.1 · 11 sections
- § 76 It is the intent of the Legislature that Harbors and Watercraft Revolving Fund moneys be used to implement the intent of Section 71.5 by providing loans…
- § 76.1 “Private marina owner” means a profit-oriented business enterprise which owns and operates, or intends to develop and operate, a small boat recreational…
- § 76.2 “Recreational marina” means a marina owned by a private marina owner which is used by the public primarily for recreational purposes.
- § 76.3 (a) The department may make loans to private marina owners to develop a recreational marina. Loan funds from the department may be utilized for both of the…
- § 76.4 (a) An application for a loan under Section 76.3 shall be filed with the department and shall: (1) Include a feasibility study containing sufficient…
- § 76.5 In processing applications under this article, the division shall give priority to applications from qualified private marina owners who have not received…
- § 76.6 Loans made under this article shall include, but are not limited to, the following terms and conditions: (a) The minimum annual rate of interest charged by the…
- § 76.7 (a) All loans made by the department to private marina owners shall be funded from the Harbors and Watercraft Revolving Fund. (b) All loans, including those…
- § 76.8 The department shall adopt regulations to implement or make this article more specific, including standards for the approval of loans, which shall include, but…
- § 77 (a) The department, subject to the approval of the Director of Finance, may borrow funds from the Harbors and Watercraft Revolving Fund when a borrower has…
- § 77.1 The department, upon whatever terms and conditions it deems proper, may sell or otherwise dispose of property serving as collateral for a defaulted loan made…
CHAPTER 3. Boating and Waterways Commission §§ 80–82.6 · 13 sections
- § 80 (a) The Harbors and Watercraft Commission and its successor, the Navigation and Ocean Development Commission, are continued in existence in the Department of…
- § 80.2 The commission shall be composed of seven members appointed by the Governor, with the advice and consent of the Senate. The members shall have experience and…
- § 80.6 Members of the commission may receive a salary for their services in an amount of one hundred dollars ($100) for each day, up to a maximum of 14 days per year.…
- § 80.8 The members of the commission may be removed from office by the Governor for inefficiency, neglect of duty, misuse of office, or misfeasance in office, in the…
- § 81 The commission shall, immediately after the effective date of this section, organize and elect from its members a chairman and a vice chairman who shall serve…
- § 81.2 The commission shall adopt a seal.
- § 81.4 No action shall be taken by the commission by less than a majority of its members.
- § 81.6 The Department of General Services shall furnish suitable offices and equipment for the use of the commission.
- § 81.8 The deputy director shall act as the secretary of the commission.
- § 82 The division, consistent with Section 82.3, and in furtherance of the public interest and in accordance therewith, shall have only the following duties with…
- § 82.3 The commission shall have the following particular duties and responsibilities: (a) To be fully informed regarding all governmental activities affecting…
- § 82.4 All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission.
- § 82.6 All records of the commission shall be open to inspection by the public during regular office hours.
CHAPTER 4. Harbors and Watercraft Revolving Fund §§ 85–88 · 5 sections
- § 85 All moneys received by the department, including any moneys received by the department from the purchase or condemnation by any other person or agency of any…
- § 85.2 (a) All moneys in the Harbors and Watercraft Revolving Fund are available, upon appropriation by the Legislature, for expenditure by the Department of Parks…
- § 86 (a) The local public agency shall annually certify to the department that for a small craft harbor or boating facility project that is, or has been, funded…
- § 87 The department shall give consideration for funding the planning, construction, development, or improvement of small craft harbors to projects which are…
- § 88 A small craft harbor or boating facility funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 is not liable for any damages which occur on a vessel…