Chapter 3. Boating And Waterways Commission of California Harbors And Navigation Code >> Division 1. >> Chapter 3.
(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
(b) The Legislature finds all of the following:
(1) Recreational boating and recreational watercraft use continue
to be popular activities enjoyed by Californians and others visiting
(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) 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) 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
(d) It is therefore the intent of the Legislature that:
(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) 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
(3) Waterways, harbors, ports, piers, and other boating or
watercraft infrastructure should be maintained to ensure sustainable
long-term public utility.
(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.
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
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.
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.
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.
The commission shall adopt a seal.
No action shall be taken by the commission by less than a
majority of its members.
The Department of General Services shall furnish suitable
offices and equipment for the use of the commission.
The deputy director shall act as the secretary of the
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) 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) 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) 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) To annually submit a report on its budget and expenditures to
the commission for its advice and comment.
(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.
The commission shall have the following particular duties and
(a) To be fully informed regarding all governmental activities
affecting programs administered by the division.
(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) 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) 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
(e) To review and comment annually to the division on the proposed
budget of expenditures from the revolving fund.
(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) (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) A report required to be submitted pursuant to paragraph (1)
shall be submitted in compliance with Section 9795 of the Government
All meetings of the commission shall be open and public and
all persons shall be permitted to attend any meetings of the
All records of the commission shall be open to inspection by
the public during regular office hours.