The Legislature finds and hereby declares that discharges from houseboats in or on the waters of the state constitute a significant source of waste as defined in Section 13050; that discharges of waste from houseboats in or on the waters of the state may impair the beneficial uses of the waters of the state to the detriment of the health, safety, and welfare of the people of the state; and that the discharges of waste from houseboats are not adequately regulated. The Legislature therefore declares that the people of the state have a primary interest in the coordination and implementation of the regulation of discharges of waste from houseboats on or in the waters of the state.
Chapter 11Discharges From Houseboats on or in the Waters of the State
Section § 13900
This law states that waste from houseboats is a significant pollution problem in California's waters. It affects the water quality and harms public health and safety, and currently, such waste is not well-regulated. Therefore, the law emphasizes the need for better regulation and management of houseboat waste discharge to protect the state's water resources and its residents.
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Section § 13901
This section defines what the term 'houseboat' means for the purposes of this law. A houseboat is any floating or non-floating watercraft or structure designed mainly as a living space and not mainly for transport. It also includes floating platforms and waterborne hotels and restaurants. Additionally, the term 'city or county' refers to any city, county, combined city and county, or port authority.
As used in this article, “houseboat” means a watercraft or industrial or commercial structure on or in the waters of the state, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation. “Houseboat” includes platforms, and waterborne hotels and restaurants. “City or county” means any city, county, city and county, or port authority.
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Section § 13902
Regional boards need to check their areas to find places where houseboat waste discharges aren't properly controlled by local laws.
Each regional board shall investigate its region to determine areas in which discharges of waste from houseboats are inadequately regulated by local ordinance.
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Section § 13903
This law requires regional boards to inform cities, counties, the State Department of Public Health, and the Department of Boating and Waterways if there aren't enough rules about houseboat waste discharge. They must also suggest rules to manage this waste properly in the water bodies.
Each regional board shall notify each affected city or county, the State Department of Public Health and the Department of Boating and Waterways of areas of inadequate regulation by ordinance of discharges of waste from houseboats and shall recommend provisions necessary to control the discharges of waste from houseboats into the waters.
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Section § 13904
When a regional board notifies a city or county about waste discharge from houseboats, the city or county has 120 days to create a rule to manage that waste. After creating it, they must send a copy of this rule to the regional board. The regional board will then forward it to various state agencies, including the State Board, the State Department of Public Health, and the Department of Boating and Waterways.
Each affected city or county shall within 120 days of receipt of the notice from the regional board, adopt an ordinance for control of discharges of waste from houseboats within the area for which notice was given by the board. A copy of the ordinance shall be sent to the regional board on its adoption and the regional board shall transmit the ordinance to the state board, the State Department of Public Health and the Department of Boating and Waterways.
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Section § 13905
This section explains that after a city or county adopts an ordinance, it will generally go into effect 60 days later. However, if the regional board believes the ordinance is not strict enough to protect water quality, they can hold a public hearing. If they decide changes are needed, they'll inform the city or county and recommend necessary modifications.
Such city or county ordinance shall take effect 60 days from the date of adoption by the city or county, unless the regional board holds a public hearing on the matter and determines that the city or county ordinance is not sufficiently restrictive to protect the quality of the waters affected. If the board makes such a determination, it shall so report to the affected city or county and also recommend the ordinance, or modification of the city or county ordinance, which it determines is necessary.
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Section § 13906
If a city or county doesn't create rules about waste from houseboats within a set time after being told by a regional board, the board can make its own rules. These rules cover the same area, start 30 days after being made, and the city or county must enforce them like local laws.
If a city or county fails to adopt an ordinance controlling discharges of waste from houseboats within 120 days of receipt of the regional board’s notice pursuant to Section 13903, or fails to adopt or modify such ordinance in the manner determined as necessary by the regional board pursuant to Section 13905, within 90 days of receipt of the regional board’s notice, the regional board may adopt regulations necessary for the control of discharges of waste from houseboats for the area designated. Such regional board regulations shall take effect 30 days from the date of their adoption and shall be enforced by the city or county and have the same force and effect as if adopted as a city or county ordinance.
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Section § 13907
If a regional board makes a decision, or fails to act, the state board can review it. A city or county can request the state board review the board's decisions or lack of action. The state board has the same authority as a regional board in these reviews. This includes determining if houseboat waste is not properly regulated and creating regulations if the local government does not. During the state's review, any regional board's actions or related local ordinances are suspended.
Any action, report, determination, or regulation taken or adopted by a regional board, or any failure of a regional board to act may be reviewed by the state board, and shall be reviewed by the state board on the request of any affected city or county. The state board has all powers as to the review of action or inaction of a regional board under this article as it has to other action or inaction of a regional board, including all powers granted to a regional board to initially determine areas in which discharges of waste from houseboats are inadequately regulated by local ordinance and to adopt regulations when a city or county fails to do so, if the state board finds that appropriate action has not been taken by a regional board. Any action of a regional board under this chapter or any city or county ordinance affected by the review of the state board shall have no force or effect during the period of the review by the state board.
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Section § 13908
This law clarifies that cities or counties in California have the authority to create and enforce their own rules about waste discharge from houseboats, as long as these local rules do not conflict with state or regional regulations.
No provision in this chapter and no action thereunder by a regional board or the state board is a limitation on the power of a city or county to adopt and enforce additional ordinances or regulations not in conflict therewith imposing further conditions, restrictions, or limitations with respect to the discharges of waste from houseboats.
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