Chapter 3Boating and Waterways Commission

Section § 80

Explanation

This section outlines the continuation and responsibilities of the Boating and Waterways Commission, which operates under the Department of Parks and Recreation in California. The Legislature highlights the popularity of recreational boating and underscores the importance of maintaining open access to public waterways.

The law stresses the need for thoughtful planning to prevent dangers and ensure fair access and environmental responsibility. The Legislature wants to ensure that boating facilities are safe, accessible, and environmentally sustainable.

The aim is to expand current facilities, create new infrastructure, and maintain existing waterways. To achieve this, the section emphasizes collaboration with local and federal entities, including Native American tribes.

(a)CA Harbors and Navigation Code § 80(a) The Harbors and Watercraft Commission and its successor, the Navigation and Ocean Development Commission, are continued in existence in the Department of Parks and Recreation and within the Division of Boating and Waterways as the Boating and Waterways Commission, but with only the powers and duties imposed upon it by this chapter.
(b)CA Harbors and Navigation Code § 80(b) The Legislature finds all of the following:
(1)CA Harbors and Navigation Code § 80(b)(1) Recreational boating and recreational watercraft use continue to be popular activities enjoyed by Californians and others visiting the state.
(2)CA Harbors and Navigation Code § 80(b)(2) Harbors, docks, waterways, piers, and other similar water bodies or infrastructure governed by this chapter should remain open to all members of the public equally.
(3)CA Harbors and Navigation Code § 80(b)(3) Absent deliberate and thoughtful planning and regulation, those activities have the potential to be dangerous or deadly, difficult, and expensive for the general public to access and enjoy, and environmentally unsound.
(c)CA Harbors and Navigation Code § 80(c) The Legislature hereby declares that effectively managed waterways and adequate facilities for the use of boating and watercraft vessels are essential for safe, accessible, and ecologically balanced boating and waterway recreation throughout the state.
(d)CA Harbors and Navigation Code § 80(d) It is therefore the intent of the Legislature that:
(1)CA Harbors and Navigation Code § 80(d)(1) Existing boating and watercraft recreational areas, facilities, and opportunities should be expanded and managed in a manner consistent with this chapter, in particular, to maintain safe, publicly accessible, and sustained long-term use.
(2)CA Harbors and Navigation Code § 80(d)(2) New recreational boating and watercraft facilities, including harbors, docks, and piers, should be provided and managed pursuant to this chapter in a manner that will sustain long-term use by the public.
(3)CA Harbors and Navigation Code § 80(d)(3) Waterways, harbors, ports, piers, and other boating or watercraft infrastructure should be maintained to ensure sustainable long-term public utility.
(4)CA Harbors and Navigation Code § 80(d)(4) Boating and watercraft recreation should be managed in accordance with this chapter through financial assistance to local governments and joint undertakings with agencies of the United States and with federally recognized Native American tribes.
Boating and Waterways Commission recreational boating public access environmental sustainability boating facilities waterway safety infrastructure management public waterways local government assistance federal collaboration Native American tribes watercraft facilities ecological balance harbors and docks recreation expansion
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 80.2

Explanation

This law describes the composition and appointment process for a commission related to boating activities and harbors. There are seven members, appointed by the Governor with the Senate's approval. The Governor should consider both geographical factors and members' interest and expertise in recreational boating when making these appointments.

One member must belong to a recognized group representing recreational boaters, one must be a small craft harbor owner, and one must work for a law enforcement agency enforcing boating laws. The initial appointments have staggered terms, from one to four years, to ensure continuity. After these first terms, all appointments last four years. If a position becomes vacant before the term ends, the new appointee will fill the remaining duration of the term.

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 background consistent with the functions of the commission. In making appointments to the commission, the Governor shall give primary consideration to geographical location of the residence of members as related to boating activities and harbors. In addition to the geographical considerations, the members of the commission shall be appointed with regard to their special interests in recreational boating. At least one of the members shall be a member of a recognized statewide organization representing recreational boaters. One member of the commission shall be a private small craft harbor owner and operator. One member of the commission shall be an officer or employee of a law enforcement agency responsible for enforcing boating laws.
The Governor shall appoint the first seven members of the commission for the following terms to expire on January 15: one member for one year, two members for two years, two members for three years, and two members for four years. Thereafter, appointments shall be for a four-year term. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term.
boating activities harbors commission Governor appointments Senate consent geographical considerations recreational boating statewide organization small craft harbor owner law enforcement agency member term appointments vacancies staggered terms recreational boaters boating laws enforcement commission member qualifications
(Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 104. (AB 383) Effective January 1, 2014.)

Section § 80.6

Explanation

This section states that commission members can earn a salary of $100 for each day they work, but only for up to 14 days a year. Additionally, they can be reimbursed for any reasonable expenses they incur while performing their duties.

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. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties.
commission member compensation salary limit daily pay expense reimbursement performance duties maximum days paid commission work $100 daily salary 14-day salary cap actual expenses necessary expenses service compensation commission reimbursement member salary duty-related expenses
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 80.8

Explanation

If a member of the commission is not doing their job well, is neglecting their responsibilities, misusing their position, or acting improperly, the Governor has the authority to remove them from their role. This process follows the same rules used to remove other public officials for similar reasons.

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 manner provided by law for the removal of other public officers for like causes.
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(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 81

Explanation

Right after this section becomes active, the commission needs to get organized and choose a chairman and a vice chairman from among its members. These leaders will serve for one year or until new leaders are selected and ready to take over. Every year after that, the commission will hold elections to choose a chairman and vice chairman again.

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 for one year or until their successors are elected and qualified. Annually thereafter, the commission shall elect a chairman and a vice chairman.
commission organization chairman election vice chairman election annual elections leadership selection term of office successor qualification commission leadership organizational meeting effective date procedures
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 81.2

Explanation
The law requires that the commission must create and use an official seal.
The commission shall adopt a seal.
commission seal official seal adopt a seal seal creation seal requirements commission responsibilities HNC section 81.2 seal adoption official emblem seal mandate
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 81.4

Explanation

This law means that any decision or action taken by the commission can only happen if more than half of its members agree to it.

No action shall be taken by the commission by less than a majority of its members.
commission decision majority vote member agreement commission action decision-making process quorum requirement voting threshold member voting collective decision group consensus minimum vote requirement commission governance
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 81.6

Explanation

This law requires the Department of General Services to provide the commission with appropriate office space and necessary equipment.

The Department of General Services shall furnish suitable offices and equipment for the use of the commission.
Department of General Services suitable offices office space equipment provision commission support furnish offices state facilities office equipment government offices public service resources
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 81.8

Explanation

The deputy director is responsible for serving as the secretary for the commission. This means they will handle the duties typically associated with a secretary role within a commission or organization.

The deputy director shall act as the secretary of the commission.
deputy director secretary role commission duties administrative responsibilities government position secretarial tasks commission secretary organizational hierarchy administration executive role
(Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 352, Sec. 328. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

Section § 82

Explanation

This section outlines the responsibilities of the division in relation to the commission, focusing on boating activities. The division must consult the commission before changing regulations related to boating responsibilities.

They need to submit proposals related to transfers, loans, and grants to the commission for feedback. Before determining if a project qualifies for specific funding, especially if it impacts public health, access, or the environment, they must seek the commission's input. Annually, they must also report their budget and spending to the commission, and provide studies on small craft harbor needs to seek the commission's advice.

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 respect to the commission:
(a)CA Harbors and Navigation Code § 82(a) To submit any proposed changes in regulations pertaining to boating functions and responsibilities of the division to the commission for its advice and comment prior to enactment of changes.
(b)CA Harbors and Navigation Code § 82(b) To submit proposals for transfers pursuant to Section 70, loans pursuant to Section 71.4 or 76.3, and grants pursuant to Section 72.5 to the commission for its advice and comment.
(c)CA Harbors and Navigation Code § 82(c) To submit any proposed project for which it is making a determination of eligibility for funding from the Harbors and Watercraft Revolving Fund to the commission if that project could have a potentially significant impact on either public health or safety, public access, or the environment for the commission’s advice and comment prior to making that determination.
(d)CA Harbors and Navigation Code § 82(d) To annually submit a report on its budget and expenditures to the commission for its advice and comment.
(e)CA Harbors and Navigation Code § 82(e) To cause studies and surveys to be made of the need for small craft harbors and connecting waterways throughout the state and the most suitable sites therefore, and submit those studies and surveys to the commission for advice and comment.
boating regulations public interest Harbors and Watercraft Revolving Fund public health impact public safety environmental impact transfers loans grants budget report small craft harbors waterways eligibility determination commission advice studies and surveys
(Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 353, Sec. 116. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)

Section § 82.3

Explanation

This section outlines the responsibilities of a commission overseeing programs related to harbors and waterways. It must stay informed about government activities impacting these programs, hold public meetings at least four times a year to gather feedback, and set an annual schedule. Before funding cycles start, it holds public meetings for input on loan and grant programs. Public hearings are also required for projects affecting local areas unless already covered under federal law. The commission considers complaints about negative impacts on nearby properties and advises on preventative or restorative actions. It reviews budget proposals, assesses grant or loan applications for water-related recreational areas, and presents a program report to government committees every three years. This report includes updates on regulatory statuses and eligibility of grants or loans.

The commission shall have the following particular duties and responsibilities:
(a)CA Harbors and Navigation Code § 82.3(a) To be fully informed regarding all governmental activities affecting programs administered by the division.
(b)CA Harbors and Navigation Code § 82.3(b) To meet at least four times per year at various locations throughout the state to receive comments on the implementation of the programs administered by the division and establish an annual calendar of proposed meetings at the beginning of each calendar year. The meetings shall include a public meeting, before the beginning of each funding cycle of a loan and grant program funded from the Harbors and Watercraft Revolving Fund, to collect public input concerning the program, recommendations for program improvements, and specific project needs for the system.
(c)CA Harbors and Navigation Code § 82.3(c) To hold a public hearing to receive public comment regarding any proposed project subject to subdivision (c) of Section 82 at a location in close geographic proximity to the proposed project, unless a hearing consistent with federal law or regulation has already been held regarding the project.
(d)CA Harbors and Navigation Code § 82.3(d) To consider, upon the request of any owner or tenant whose property is in the vicinity of any proposed project subject to subdivision (c) of Section 82, any alleged adverse impacts occurring on that person’s property from activities undertaken pursuant to this code, and recommend to the division suitable measures for the prevention of any adverse impacts determined by the commission to be occurring, and suitable measures for the restoration of adversely impacted property.
(e)CA Harbors and Navigation Code § 82.3(e) To review and comment annually to the division on the proposed budget of expenditures from the revolving fund.
(f)CA Harbors and Navigation Code § 82.3(f) To review all proposals for local and regional waterways, piers, harbors, docks, or other recreational areas that have applied for grant or loan funds from the division prior to a final determination of eligibility by the division.
(g)Copy CA Harbors and Navigation Code § 82.3(g)
(1)Copy CA Harbors and Navigation Code § 82.3(g)(1) With support and assistance from the division, to prepare and submit a program report to the Governor, the Assembly Committee on Water, Parks and Wildlife, the Senate Committee on Natural Resources and Water, the Senate Committee on Appropriations, and the Assembly Committee on Appropriations on or before January 1, 2013, and every three years thereafter. The report shall be adopted by the commission after discussing the contents during two or more public meetings. The report shall address the status of any regulations adopted or being considered by the division and any loan or grant that has been or is being considered for a determination of eligibility by the division pending the previous report.
(2)CA Harbors and Navigation Code § 82.3(g)(2) A report required to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
commission responsibilities government activities public meetings funding cycles loan and grant programs Harbors and Watercraft Revolving Fund public hearings project impacts property impacts budget review grant applications loan applications recreational waterways program report regulatory updates
(Amended by Stats. 2013, Ch. 353, Sec. 117. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)

Section § 82.4

Explanation

This law requires that all commission meetings must be open to the public, allowing anyone to attend.

All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission.
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(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

Section § 82.6

Explanation

This law states that the public has the right to look at all records from the commission during normal business hours.

All records of the commission shall be open to inspection by the public during regular office hours.
public inspection commission records open records inspection hours access to information transparency public access record inspection business hours inspection government accountability
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)