Harbors and Navigation Code

§ 1 This act shall be known as the Harbors and Navigation Code. (Enacted by Stats. 1937, Ch. 368.) § 2 The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1937, Ch. 368.) § 3 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure. (Enacted by Stats. 1937, Ch. 368.) § 4 Any action or proceeding commenced before this code takes effect, and any right accrued, is not affected by this code, but all procedure taken shall conform to the provisions of this code as far as possible. (Enacted by Stats. 1937, Ch. 368.) § 5 Unless the provision or the context otherwise requires, these definitions, rules of construction and general provisions shall govern the construction of this code. (Enacted by Stats. 1937, Ch. 368.) § 6 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1937, Ch. 368.) § 7 Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1937, Ch. 368.) § 8 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1937, Ch. 368.) § 9 Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1937, Ch. 368.) § 10 “Section” means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1937, Ch. 368.) § 11 The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1937, Ch. 368.) § 12 The masculine gender includes the feminine and neuter. (Enacted by Stats. 1937, Ch. 368.) § 12.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 50. (SB 1005) Effective January 1, 2017.) § 13 The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1937, Ch. 368.) § 14 “County” includes city and county. (Enacted by Stats. 1937, Ch. 368.) § 15 “City” includes city and county. (Enacted by Stats. 1937, Ch. 368.) § 16 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1937, Ch. 368.) § 17 “Oath” includes affirmation. (Enacted by Stats. 1937, Ch. 368.) § 18 “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1937, Ch. 368.) § 19 “Person” means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. (Amended by Stats. 1994, Ch. 1010, Sec. 146. Effective January 1, 1995.) § 20 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1937, Ch. 368.) § 21 “Vessel” includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. (Enacted by Stats. 1937, Ch. 368.) § 22 “Steam vessel” means any vessel which is propelled by machinery. (Enacted by Stats. 1937, Ch. 368.) § 23 “Wharf” includes pier, quay, or landing. (Enacted by Stats. 1937, Ch. 368.) § 24 “Goods” includes wares or merchandise. (Enacted by Stats. 1937, Ch. 368.) § 25 If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1937, Ch. 368.) § 30 Division 1, Chapter 1 Unless the context otherwise requires, the general provisions and definitions in this chapter govern the construction of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 30.5 Division 1, Chapter 1 Whenever the term “Business, Transportation and Housing Agency” appears within the Harbors and Navigation Code, it shall refer to the Transportation Agency, and whenever the term “Secretary of Business, Transportation and Housing” appears within the Harbors and Navigation Code, it shall refer to the Secretary of Transportation. (Added by Stats. 2013, Ch. 352, Sec. 320. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 32 Division 1, Chapter 1 “Department” or “Division” means the Division of Boating and Waterways in the Department of Parks and Recreation. (Amended by Stats. 2013, Ch. 352, Sec. 322. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 33 Division 1, Chapter 1 “Director” or “deputy director” means the Deputy Director of Boating and Waterways. (Amended by Stats. 2013, Ch. 352, Sec. 323. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 34 Division 1, Chapter 1 “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 safety for vessels, including the artificially protective works, the public lands ashore and the structures and facilities provided within the enclosed body of water and ashore for the mooring and servicing of vessels and the servicing of their crews and passengers. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 35 Division 1, Chapter 1 “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 and facilities created to facilitate navigation. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 36 Division 1, Chapter 1 “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 exception of those privately owned. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 38 Division 1, Chapter 1 The adoption, repeal, amendment, or modification of any rules and regulations pursuant to this division shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 454, Sec. 89.) § 39 Division 1, Chapter 1 Any construction or development authorized by this division that also constitutes a project within the definition of Section 10105 of the Public Contract Code, when performed by the state, shall be subject to the State Contract Act. (Amended by Stats. 2001, Ch. 597, Sec. 7. Effective January 1, 2002.) § 40 Division 1, Chapter 1 Facilities in harbors and connecting waterways established under the provisions of this division shall be open to all on equal and reasonable terms; provided that the department may authorize construction of separate facilities and reasonable allocations within the same harbor for separate use by commercial and recreational vessels, and project funding may not be denied solely on the basis that such separate facilities and allocations for such separate use within the same harbor is required by a regulatory agency so long as such requirement is determined by the director, after consultation with the affected regulatory agencies, to be reasonable. (Amended by Stats. 1978, Ch. 673.) § 50 Division 1, Chapter 2, Article 1 (a) The Department of Harbors and Watercraft and its successor, the Department of Navigation and Ocean Development, and the Department of Boating and Waterways are continued in existence in the Department of Parks and Recreation as the Division of Boating and Waterways. The Division of Boating and Waterways is the successor to, and is vested with, the powers, functions, and jurisdiction of the following state departments and agencies as hereinafter specified: (1) All of the powers, functions, and jurisdiction previously vested in the Division of Small Craft Harbors of the Department of Parks and Recreation. (2) All of the powers, functions, and jurisdiction of the State Lands Commission with respect to the acquisition, construction, development, improvement, maintenance, and operation of small craft harbors. (3) All of the powers, functions, and jurisdiction of the Department of Parks and Recreation with respect to boating facility planning, design, and construction, except as specifically provided with respect to boating trails in the California Recreational Trails Act (commencing with Section 5070 of the Public Resources Code) and in Article 2.6 (commencing with Section 68) of this chapter. (4) All of the powers, functions, and jurisdiction of the Office of Architecture and Construction in the Department of General Services with respect to boating facility planning and design. (5) All of the powers, functions, and jurisdiction of the Department of Water Resources with respect to beach erosion control. (6) All of the policymaking and regulatory powers, functions, and jurisdiction of the Harbors and Watercraft Commission as to matters within the jurisdiction of the department. (b) Regulations adopted by the former Department of Boating and Waterways shall remain in effect until revised or repealed by the Division of Boating and Waterways. (Amended by Stats. 2013, Ch. 352, Sec. 324. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 50.1 Division 1, Chapter 2, Article 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 in any provision of law, it shall be construed as referring to the Division of Boating and Waterways. (b) Whenever, by any statute now in force or that may be hereafter enacted, any power, function, or jurisdiction, as specified in Section 50, is imposed or conferred upon the State Lands Commission, the Department of Parks and Recreation, the Office of Architecture and Construction in the Department of General Services, or the Department of Water Resources, such power, function, or jurisdiction shall be deemed to be imposed or conferred upon the Division of Boating and Waterways. (c) This section and this code do not divest the State Lands Commission of jurisdiction with respect to the leasing of state lands, including state lands used for small craft harbors, swamps and overflowed lands, or tide and submerged lands, for the extraction and removal of oil and gas and other minerals. (Amended by Stats. 2013, Ch. 352, Sec. 325. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 50.2 Division 1, Chapter 2, Article 1 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 Waterways shall be deemed to refer to the Deputy Director of Boating and Waterways. The deputy director shall be appointed by and hold office at the pleasure of the Governor and shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of any deputy director appointed by the Governor shall be subject to confirmation by the Senate. (Amended by Stats. 2013, Ch. 352, Sec. 326. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 50.4 Division 1, Chapter 2, Article 1 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) conditioned upon the faithful performance of his duties. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 50.6 Division 1, Chapter 2, Article 1 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 appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 50.8 Division 1, Chapter 2, Article 1 The director, with the approval of the Governor, may arrange and classify the work of the department and consolidate, abolish, or create divisions thereof. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 60 Division 1, Chapter 2, Article 2 The Resources Agency shall represent the State of California and the Governor of California in relationships with the Chief of Engineers, United States Army, and his authorized agents for the purposes set forth in this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 60.2 Division 1, Chapter 2, Article 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 with participation with the United States in any project in which the department may act and may, also, provide such adjustments which, in the judgment of the department, are in the best interest of the State of California. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 60.4 Division 1, Chapter 2, Article 2 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 States, for the dredging of harbors and the erection of breakwaters, piers, or any other device for the protection of vessels. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 60.6 Division 1, Chapter 2, Article 2 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 and save the United States free from damages due to the construction and maintenance by the United States of such works as the United States shall undertake. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 60.8 Division 1, Chapter 2, Article 2 The department may do any act or enter into any contract or agreement desirable in carrying out the purposes of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 61 Division 1, Chapter 2, Article 2 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 carrying out the purposes of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 61.2 Division 1, Chapter 2, Article 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 in real property. It may receive and accept gifts, donations, contributions, or bequests of money to be used in acquiring title to or any interest in real property or in improving it, in connection with the development and operation of small craft harbors and connecting waterways. It may also receive and accept personal property for such purposes. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 61.4 Division 1, Chapter 2, Article 2 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 established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 61.6 Division 1, Chapter 2, Article 2 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 statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 61.8 Division 1, Chapter 2, Article 2 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 62 Division 1, Chapter 2, Article 2 The department, with the approval of the Department of General Services, may transfer, sell or otherwise dispose of personal property under its jurisdiction, and may contract with other public agencies for its custody. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 62.4 Division 1, Chapter 2, Article 2 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 whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 62.6 Division 1, Chapter 2, Article 2 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 hazards in addition to the special hazards occasioned by the existence of a state of war. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 62.8 Division 1, Chapter 2, Article 2 For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate that information. The publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications, exclusive of money received by any separate division of the department from the sale of publications, shall be paid into the State Treasury to the credit of the Harbors and Watercraft Revolving Fund. (Amended by Stats. 1987, Ch. 745, Sec. 1.) § 62.9 Division 1, Chapter 2, Article 2 Upon request, the department shall make available to persons owning or operating small craft harbors, such information as is available to the commission concerning the following: (a) The maintenance and improvement of existing small craft harbor facilities. (b) The application of new technical materials and concepts. (c) The preparation of feasibility reports, environmental impact reports, permits, and other steps required to develop new small craft harbor facilities. (Added by Stats. 1978, Ch. 655.) § 63.2 Division 1, Chapter 2, Article 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. The charge for the records and the conditions under which they may be sold shall be determined by the director, with the approval of the Department of Finance. This section does not apply to boating accident reports filed with the department pursuant to Section 656 of this code. (Amended by Stats. 1974, Ch. 1221.) § 63.4 Division 1, Chapter 2, Article 2 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 participation of the United States in any project in which the department may act. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 63.9 Division 1, Chapter 2, Article 2 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 for and accept grants, contributions, and appropriations. (b) Contract for professional services if such work or services cannot be satisfactorily performed by its employees or by any other state agency. (c) Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including, but not limited to, prohibitory and mandatory injunctions to restrain violations of this division and Division 3 (commencing with Section 399). (d) Request and utilize the advice and services of all federal, state, local, and regional agencies. (e) Adopt any rule or regulation or take any action it deems reasonable and necessary to carry out the provisions of this division. (Added by Stats. 1978, Ch. 365.) § 64 Division 1, Chapter 2, Article 2 (a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh has occurred at an unprecedented level and that the resulting accumulations of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) obstruct navigation, impair other recreational uses of waterways, have the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems within the delta and marsh. Accordingly, it is necessary that the state, in cooperation with agencies of the United States, undertake an aggressive program for the effective control of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh. (b) The department is designated as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh. (c) The department, other state agencies, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh and may furnish money, services, equipment, and other property to that end. (d) Up to five thousand dollars ($5,000) per year of the funds available for expenditure by the Department of Fish and Game to implement this section shall be paid from the Harbors and Watercraft Revolving Fund. (e) Whenever any control program is proposed to take place in Rock Slough, the department and the Contra Costa Water District shall develop a memorandum of understanding establishing the parameters of the control program. This subdivision does not apply to any control program proposed for Sand Mound Slough. (Amended by Stats. 2012, Ch. 188, Sec. 2. (AB 1540) Effective January 1, 2013.) § 64.2 Division 1, Chapter 2, Article 2 To the extent feasible, the division shall collaborate with the California Conservation Corps established pursuant to Division 12 (commencing with Section 14000) of the Public Resources Code and use members of the corps in implementing its invasive aquatic plants control programs in the delta, its tributaries, and the marsh. (Added by Stats. 2017, Ch. 247, Sec. 1. (SB 704) Effective January 1, 2018.) § 64.5 Division 1, Chapter 2, Article 2 (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, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. The division, in consultation with appropriate state, local, and federal agencies, may take such action it determines is necessary, upon concurrence from the Department of Fish and Wildlife following the completion of the risk assessment described in subdivision (c), to implement control and, when feasible, eradication measures for invasive aquatic plants. Any actions taken to control invasive aquatic plants shall be in compliance with all applicable laws and regulations and conducted in an environmentally sound manner. (b) The division shall regularly consult with the United States Department of Agriculture, the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the University of California, and other members of the scientific and research communities, as well as other state agencies with authority over the control of invasive aquatic plants to determine which species of those plants should be given the highest priority for management and determine the best control and, when feasible, eradication measures. (c) (1) After consulting with the various entities as required in subdivision (b), if the division identifies a species of aquatic plant that may be invasive and need to be controlled or eradicated, the division shall notify the Department of Fish and Wildlife of the potential threat from that aquatic plant species. After receipt of that notice, the Department of Fish and Wildlife, in consultation with other appropriate local, state, and federal agencies, including, but not limited to, the Department of Food and Agriculture, the Department of Water Resources, the State Water Resources Control Board, the Department of Pesticide Regulation, and the Office of Environmental Health Hazard Assessment, shall conduct a risk assessment of the aquatic plant species identified by the division to determine whether the plant species is invasive and presents a threat to the environment, economy, or human health. In making that determination, the Department of Fish and Wildlife shall take prompt action to minimize detrimental impacts and costs of management, and shall consider all of the following: (A) Whether the aquatic plant species may obstruct navigation and recreational uses of waterways. (B) Whether the aquatic plant species may cause environmental damage, including threats to the health and stability of fisheries, impairment to birds’ access to waterways and nesting, roosting, and foraging areas, deterioration of water quality resulting from plant decay, and harm to native plants. (C) Whether the aquatic plant species may cause harm to the state’s economy, infrastructure, or manmade facilities such as state water storage facilities and pumping operations, by increasing flood risk, threatening water supplies by blocking pumps, canals, and dams necessitating early control efforts. (2) Based on factors specified in subparagraphs (A), (B), and (C) of paragraph (1) and any other environmental, economic, or human health impacts, the risk assessment shall specify whether the plant species under consideration has been determined to be an invasive aquatic plant. Findings from the risk assessment shall be documented in a way that clearly describes the severity and types of impacts caused by a plant species determined to be an invasive aquatic plant. (3) Within 60 days after completing the risk assessment required by paragraph (1), the Department of Fish and Wildlife shall report its findings to the division so that the division may take any necessary action to control and, when feasible, eradicate an invasive aquatic plant, as authorized under subdivision (a). (d) For purposes of this section, “invasive aquatic plant” means an aquatic plant or algae species, including its seeds, fragments, and other biological materials capable of propagating that species, whose proliferation or dominant colonization of an area causes or is likely to cause economic or environmental harm or harm to human health. (e) Aquatic plants shall be determined to be invasive through the risk assessment required to be completed by the Department of Fish and Wildlife in consultation with the division and other state, local, and federal agencies pursuant to subdivision (c). (Added by Stats. 2013, Ch. 330, Sec. 2. (AB 763) Effective January 1, 2014.) § 64.7 Division 1, Chapter 2, Article 2 (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 with Section 76) on or after January 1, 2002, shall have all of its electrical systems that extend into or over water inspected biennially, during the term of the loan, by a licensed electrical contractor or electrical engineer, for compliance with the safety-related provisions of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations). A marina shall comply with all of the California Electrical Code provisions in effect at the time that the marina is developed. If the marina is improved with a loan, the areas of the marina in which electrical improvements were made shall comply with the California Electrical Code in effect at the time of the improvement. (b) For purposes of this section, “marina” means a marina that meets all of the following criteria: (1) Is privately owned and operated or owned or operated by a local government. (2) Contains seven or more berths. (3) Is used by the public primarily for recreational purposes. (Added by Stats. 2001, Ch. 360, Sec. 1. Effective January 1, 2002.) § 65 Division 1, Chapter 2, Article 2.5 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 therefor, shall study and report upon problems of beach erosion and means for the stabilization of beaches and shoreline areas. (Added by Stats. 1970, Ch. 1428.) § 65.1 Division 1, Chapter 2, Article 2.5 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 beach erosion control and stabilization of beaches and shoreline areas, and shall act in an advisory capacity on beach erosion control and stabilization of beaches and shoreline areas when requested by any public agency of the state or by any agency of the federal government. (Added by Stats. 1970, Ch. 1428.) § 65.2 Division 1, Chapter 2, Article 2.5 The department shall prepare plans for and construct such works as its studies and investigations indicate to be necessary for beach erosion control and stabilization of beaches and shoreline areas, to the extent that funds are available therefor. In the preparation of such plans and construction of works therefor the department may cooperate by contract or otherwise with the Beach Erosion Board of the United States or with any other federal, state, county, or municipal agency, or with any or all such agencies, upon such terms and conditions and in such manner as will be for the best interests of the state. (Added by Stats. 1970, Ch. 1428.) § 65.3 Division 1, Chapter 2, Article 2.5 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 beaches and shoreline areas, such funds shall be administered by the department, subject to approval of the Director of Finance. (Added by Stats. 1970, Ch. 1428.) § 65.5 Division 1, Chapter 2, Article 2.5 Whenever a beach erosion control project has been authorized by Congress for federal financial participation in accordance with Public Law 727, 79th Congress, 2nd Session, as amended by Public Law 826, 84th Congress, 2nd Session, or as it may be later amended, or any other act of Congress relating to beach erosion control in which local participation is required, it is the policy of the state to consider bearing one-half the costs of local participation required by the authorizing federal legislation, including construction costs and costs of lands, easements, and rights-of-way; provided that state participation may only be provided if any affected city, county, or other public agency furnishes assurances satisfactory to the division that it will provide all other local cooperation required by the authorizing federal legislation, will hold and save the state free from damages for all time due to the construction, operation, and maintenance of the project, and will maintain and operate the project during its useful life, as may be required to serve its intended purpose, subject to relevant regulations that may be prescribed by the division. (Amended by Stats. 2022, Ch. 60, Sec. 25. (AB 203) Effective June 30, 2022.) § 65.6 Division 1, Chapter 2, Article 2.5 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 participation in beach erosion control projects following state authorization of a specific project, but such participation shall apply only to costs incurred for the project as finally authorized by the Congress and the state, and appropriations for such costs shall not be expended by the state until after the appropriation of construction funds by the Congress. (Added by Stats. 1970, Ch. 1428.) § 65.7 Division 1, Chapter 2, Article 2.5 Small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers pursuant to Section 103 of the River and Harbor Act of 1962, Title I of Public Law 87-874, 76 Stat. 1173, and Section 310(b) of the River and Harbor Act of 1965, Title III of Public Law 89-298, 79 Stat. 1073 (33 U.S.C. 426(f) and 426(g)), are authorized for state participation pursuant to Section 65.5 without further specific authorization by the Legislature, at such costs as may be appropriated by the Legislature upon the recommendation and advice of the department. Such state participation shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.) § 65.9 Division 1, Chapter 2, Article 2.5 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 approved by the Director of Finance prior to submission to the Legislature. (Added by Stats. 1970, Ch. 1428.) § 66 Division 1, Chapter 2, Article 2.5 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 the amount required to meet the federal share of any project described in Section 65.5 in order to carry out construction of the project. Reimbursement from the federal government shall be reimbursed to the fund from which the advance was made. (Added by Stats. 1970, Ch. 1428.) § 66.1 Division 1, Chapter 2, Article 2.5 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 federally authorized beach erosion control project shall transmit funds representing its share of the costs to the department for deposit in the State Treasury in advance of commencement of construction work. (Added by Stats. 1970, Ch. 1428.) § 67 Division 1, Chapter 2, Article 2.5 The San Diego County Beach Erosion Control Project (Imperial Beach) is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 399, 84th Congress, and authorized by the River and Harbor Act of 1958, Title I of Public Law 85-500, 72 Stat. 297. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.) § 67.1 Division 1, Chapter 2, Article 2.5 The San Diego (Sunset Cliffs), California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 477, 89th Congress, and authorized by the River and Harbor Act of 1966, Title I of Public Law 89-789, 80 Stat. 1405. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. Notwithstanding the provisions of Section 65.6, state funds appropriated for this project may be expended prior to the appropriation of construction funds for such project by the Congress. (Added by Stats. 1970, Ch. 1428.) § 67.2 Division 1, Chapter 2, Article 2.5 The Orange County, California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 602, 87th Congress, and authorized by the River and Harbor Act of 1962, Title I of Public Law 87-874, 76 Stat. 1173. Notwithstanding the provisions of Section 65.6, state funds appropriated for this project may be expended prior to the appropriation of construction funds for said project by the Congress. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.) § 67.3 Division 1, Chapter 2, Article 2.5 The Los Angeles County (Redondo Beach to Malaga Cove) Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plans set forth in House Document 277, 83rd Congress, and authorized by the River and Harbor Act of 1954, Title I of Public Law 780, 83rd Congress, Second Session, 68 Stat. 1248. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.) § 67.4 Division 1, Chapter 2, Article 2.5 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 city does all of the following: (a) Prepares a plan for the repair and restoration which is approved by the department and the State Coastal Conservancy. (b) Agrees to commit funds for the repair and restoration equal to the amount of state funds appropriated for the repair and restoration. (Added by Stats. 1980, Ch. 1198.) § 68 Division 1, Chapter 2, Article 2.6 The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreational boating trails. The plan shall be the boating trails element of the California Recreational Trails System Plan as required pursuant to the California Recreational Trails Act (commencing with Section 5070 of the Public Resources Code). The plan shall be prepared and continually maintained in accordance with provisions of the California Recreational Trails Act and shall, to the maximum extent practicable, be compatible with other elements of the California Recreational Trails System Plan. (Added by Stats. 1978, Ch. 365.) § 68.2 Division 1, Chapter 2, Article 2.6 In conformance with the California Recreational Trails Act, the Legislature hereby finds and declares that there is a statewide and continuing interest in the public’s use of the state’s inland waterways for recreational purposes. The Legislature further finds and declares that there exists a need to provide for recreational resource planning of the waterways in a manner that provides access and utilization for recreational purposes, consistent with the provisions of the California Recreational Trails Act. (Added by Stats. 1978, Ch. 365.) § 69.5 Division 1, Chapter 2, Article 2.8 This chapter shall be known, and may be cited, as the California Public Beach Restoration Act. (Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.) § 69.6 Division 1, Chapter 2, Article 2.8 (a) The California Public Beach Restoration Program is hereby established, to be administered by the department for all of the following purposes: (1) The restoration, enhancement, and nourishment of public beaches, as determined to be necessary by the department, through the cost-effective engineered placement of sand on the beach or in the nearshore environment. (2) The planning, design, and permitting of the beach restoration, nourishment, or enhancement projects specified in paragraph (1), which shall not exceed 15 percent of the total project cost. (3) The preparation of studies to inventory, characterize, and assess the physical and biological resources of the ocean, and nearshore, shoreline, and inland areas that are determined by the department to be necessary to construct the projects specified in paragraph (1) that are environmentally and economically sound. The cost of the studies shall not exceed 5 percent of the annual program funding. (4) The funding of 100 percent of the nonfederal project construction cost for restoration, nourishment, or enhancement of coastal state parks and state beaches with placement of sand on the beach or in the nearshore. (5) The funding of 85 percent of the nonfederal project cost for restoration, nourishment, or enhancement of nonstate public beaches with placement of sand on the beach or in the nearshore, with a 15 percent match from the local sponsors, provided as funds or in-kind services. (6) The active pursuit and promotion of federal and local partnerships to cost-share beach restoration, nourishment, or enhancement projects specified in paragraph (1) that have significant state benefits. (b) Prior to funding any project under this section, the department shall develop guidelines that include application requirements and criteria for evaluating a project. The guidelines shall be consistent with the Resources Agency’s policies for shoreline erosion protection. Only beaches that are in public ownership and that are open and accessible to the public are eligible for funding under this section. (Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.) § 69.9 Division 1, Chapter 2, Article 2.8 (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 for the purposes of the California Public Beach Restoration Program established pursuant to this article. (b) Of the moneys in the fund, 60 percent shall be available for allocation by the department to projects south of the point at which the Pacific Ocean meets the border between the County of San Luis Obispo and the County of Monterey and 40 percent shall be available for allocation to projects located north of that point. (Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.) § 70 Division 1, Chapter 2, Article 3 The department may prepare plans for, and acquire, construct, develop, and improve, small craft harbors, facilities in connection with the harbors, and connecting waterways. A small craft harbor so acquired or developed may be transferred, and its operation relinquished, to a county or city, or a district having power to operate a small craft harbor, in which any part of it is located, upon the request of the city, county, or district, if the city, county, or district enters into an agreement with the department for repayment to the state of all costs incurred by the department in acquiring and developing the small craft harbor, including planning costs. The city, county, or district shall be required by the department to repay those costs. The payments shall be made in the amounts and at the times that are provided by the agreement. (Amended by Stats. 2009, Ch. 610, Sec. 1. (SB 717) Effective January 1, 2010.) § 70.2 Division 1, Chapter 2, Article 3 (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 construction of, develop and improve, or contract for the development and improvement of any portion of coastal small craft harbors that are normally nonrevenue producing, such as jetties, breakwaters, dredging, seawalls, piers, and communication centers. (b) This program may be conducted in cooperation with the federal government for harbor development along the coastline of California. In those cooperative projects, the department may assume the role of “local sponsor” as that term is used in agreements with the federal government with regard to those projects referred to in this section if before the department assumes the role of “local sponsor” it determines to its satisfaction that the local entity that would otherwise be designated as local sponsor cannot fulfill the obligations commensurate with that designation. (c) If the nonrevenue producing facilities are to be a portion of an existing harbor, the department, prior to construction of those facilities, shall enter into an agreement with the local governing body of the harbor that provides that revenues from harbor operations and harbor district taxes shall serve as security for repayment of the state contribution to the cost of construction and the local governing body shall assume responsibility for the operation and maintenance of the facilities constructed under the agreement. (d) If nonrevenue producing facilities are to be constructed at a location where no harbor operation is being conducted by a governmental entity, the department may initiate construction of the facilities after securing an agreement with the appropriate local jurisdiction that the local entity shall assume the responsibility of operation and maintenance of the facilities, as well as repayment of all related costs of the department, as agreed to in writing. (e) Harbor facilities provided by the department pursuant to this section shall be defined as nonrevenue producing features for the purpose of the term of repayment under subdivision (a) of Section 71.8. (Amended by Stats. 2009, Ch. 610, Sec. 2. (SB 717) Effective January 1, 2010.) § 70.3 Division 1, Chapter 2, Article 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 safely moor, as set forth in Section 70.5. (Added by Stats. 2000, Ch. 282, Sec. 1. Effective January 1, 2001.) § 70.4 Division 1, Chapter 2, Article 3 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 craft harbor of refuge shall exclude, consistent with the intent of Section 40, the use of that harbor by a commercial boat, or any vessel in need of a safe harbor for refuge purposes. Each vessel entering and using a harbor of safe refuge pursuant to this section shall pay the published fees for services rendered while in the harbor and shall comply with all other applicable local, state, and federal laws while in the harbor and while using any facilities in the harbor. (Amended by Stats. 2009, Ch. 610, Sec. 3. (SB 717) Effective January 1, 2010.) § 70.5 Division 1, Chapter 2, Article 3 (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 Bragg Harbor. (6) Humboldt Bay Harbor. (7) Kings Harbor. (8) Marina del Rey Harbor. (9) Monterey Harbor. (10) Morro Bay Harbor. (11) Moss Landing. (12) Newport Beach Harbor. (13) Oceanside Harbor. (14) Pillar Point Harbor. (15) Port San Luis Harbor. (16) Santa Barbara Harbor. (17) Santa Cruz Harbor. (18) Ventura Harbor. (b) The use of any harbor listed in subdivision (a) for safe refuge purposes is subject to the suitability of that location as a harbor of safe refuge as determined by the cognizant Officer in Charge, Marine Inspection, United States Coast Guard, as described in the definition of “harbor of safe refuge” in Section 175.400 of Title 46 of the Code of Federal Regulations. (Added by Stats. 2000, Ch. 282, Sec. 3. Effective January 1, 2001.) § 70.6 Division 1, Chapter 2, Article 3 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 to a city, county, or district willing and able to meet the requisite conditions for such a transfer, the department may maintain and operate the harbor. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 70.8 Division 1, Chapter 2, Article 3 The department may contract with a federal agency, state agency, or city, county, or district, in the design, planning, construction, development, and improvement of small craft harbors pursuant to this chapter, or for the maintenance and operation of any small craft harbors under the jurisdiction of the department. (Amended by Stats. 2009, Ch. 610, Sec. 4. (SB 717) Effective January 1, 2010.) § 71 Division 1, Chapter 2, Article 3 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 public with fuel, oil, food, and other facilities, and may grant easements, rights of way, and permits with respect to such harbors. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 71.2 Division 1, Chapter 2, Article 3 (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 of the department that the director designates have the authority and powers conferred by law upon peace officers listed in Section 830.33 of the Penal Code for those harbors. The department may adopt rules and regulations that may be necessary for the purposes of this section. A violation of those rules or regulations is a misdemeanor. (b) A person found guilty of a misdemeanor violation of this section shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 5. (SB 717) Effective January 1, 2010.) § 71.4 Division 1, Chapter 2, Article 3 (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 having power to acquire, construct, and operate small craft harbors, for the design, planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection with the harbors, and connecting waterways, if the division finds that the project is feasible. (2) The minimum annual rate of interest charged by the division for a loan shall be set annually by the division and shall be based on the Pooled Money Investment Account interest rate. (b) The division shall establish, by rules and regulations, policies and standards to be followed in making loans pursuant to this section so as to further the proper development and maintenance of a statewide system of small craft harbors and connecting waterways. To the greatest extent possible, the division shall adhere to customary commercial practices to ensure that loans made pursuant to this section are adequately secured and that the loans are repaid consistent with the terms of the loan agreement. Any rules and regulations shall include policies and standards for restrooms, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials. (c) The division shall develop weighing and ranking criteria to qualify and prioritize the public loans. (d) A loan under this section shall be repaid as provided in Section 70. (e) Rates to be charged for the use of the boating facilities shall be established by the city, county, or district, subject to the approval of the division, in every loan contract. The division shall concern itself with the rates charged only as prescribed in Section 71.8. The rates set shall be based on a monthly berthing charge, and the division shall monitor these rates to ensure that the berthing charges are sufficient to ensure timely and complete repayment of the loan. (f) The division may restate an existing loan under this article, upon written request by the borrower. (Amended by Stats. 2017, Ch. 26, Sec. 65. (SB 92) Effective June 27, 2017.) § 71.5 Division 1, Chapter 2, Article 3 (a) The department shall encourage cities, counties, and districts that propose to apply for initial loan funding for new small craft harbor development projects pursuant to Section 71.4 to communicate and to work with private enterprise in order to determine if private business could construct and operate the projects’ revenue producing facilities under fair and reasonable terms. (b) No loan shall be made for the initial phase of new small craft harbor projects pursuant to Section 71.4 for those project facilities that produce revenues, unless the city, county, or district applying for the loan has held a public hearing on the feasibility of a private concessionaire or lessee constructing and operating the proposed project under a contract with the applicable public agency. (c) Notice of a hearing held pursuant to subdivision (b) shall be published in accordance with Section 6066 of the Government Code and in two publications of general circulation of special interest to the recreational boating community. (Added by Stats. 1984, Ch. 721, Sec. 1.) § 71.6 Division 1, Chapter 2, Article 3 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 or liability contrary to the provisions of Section 18 of Article XI of the Constitution unless, at an election called by the governing body of the city, county, or district two-thirds of the qualified electors thereof voting thereat have authorized the governing body to accept, expend, and repay the amount of the indebtedness or liability under this chapter; nor shall such transfer or loan be made if written protest thereto signed by owners of one-half or more of the assessed valuation of taxable property in said city, county, or district is received by the governing body of such city, county, or district. Such election shall be held in accordance with provisions of law for the incurring of bonded indebtedness by the city, county, or district, as near as the same may be applicable. Except as may be prohibited by this section, a transfer pursuant to Section 70 or a loan pursuant to Section 71.4 may be made to a city, county, or district and it may accept such a transfer or loan, notwithstanding any other provision of law limiting or prohibiting the creation of any indebtedness on the part of the city, county, or district. A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 may be made to a city, county, or district without an election if the transfer or loan agreement provides that payments shall be made from the gross revenues of a small craft harbor, and that such gross revenues shall constitute security for such payments. Gross revenues of a small craft harbor include all charges received from, and all other income and receipts derived by the city, county, or district from, the operation of a small craft harbor. Gross revenues include any income received by such governmental entity from any concession or other contract operations had by the entity on its harbor facilities, but does not include gross revenues to a concessioner. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.) § 71.7.5 Division 1, Chapter 2, Article 3 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 contrary, Sonoma County may provide facilities at the Spud Point Marina for commercial, recreational, or other vessels, in numbers that it determines appropriate, subject only to the following: (a) Sonoma County may maintain an advisory committee for the Spud Point Marina, whose membership is representative of the marina users, and shall give the advisory committee at least 30 days’ notice before changing any berthing rates at the Spud Point Marina, and shall consider, but is not obligated to follow, any recommendations of the advisory committee. (b) Sonoma County may establish different berthing rates and any other charges for commercial, recreational, or other vessels, if the board of supervisors determines that the differing rates or charges are in the public interest, and if any loans from the department are outstanding, are necessary to provide revenue to repay those loans. However, if any loans are outstanding, berthing rates at the Spud Point Marina for recreational vessels shall not exceed the highest rates charged for berthing within the Spud Point Marina market area for recreational vessels. (Added by Stats. 2008, Ch. 298, Sec. 1. Effective January 1, 2009.) § 71.7 Division 1, Chapter 2, Article 3 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 Point Marina in the County of Sonoma, as authorized by Schedule (b)(8) of Item 3680-101-516 of Section 2.00 of the Budget Act of 1982, and administered by the division, may be renegotiated by the division and the County of Sonoma, to solve the fiscal problems involving the marina existing on the effective date of this section as enacted during the 1994 portion of the 1993–94 Regular Session. (Amended by Stats. 2013, Ch. 353, Sec. 112. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.) § 71.8 Division 1, Chapter 2, Article 3 (a) A contract or agreement for a transfer pursuant to Section 70 or a loan pursuant to Section 71.4, for which gro