Article 2. General Powers of California Harbors And Navigation Code >> 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.
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.
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.
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.
The department may do any act or enter into any contract or
agreement desirable in carrying out the purposes of this division.
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
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.
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
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.
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, 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.
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
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.
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
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
(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
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.
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.
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
(b) Contract for professional services if such work or services
cannot be satisfactorily performed by its employees or by any other
(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
(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
(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
(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
(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.
(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,
(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
(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).
(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
(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
(2) Contains seven or more berths.
(3) Is used by the public primarily for recreational purposes.