CCLME.ORG - HNC 60.4
Loading (50 kb)...'
State
California
HNC Sec 60-64.7 General Powers (DEPARTMENT OF BOATING AND WATERWAYS)

HARBORS AND NAVIGATION CODE
SECTION 60-64.7





60. 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.


60.2. 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.



60.4. 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.



60.6. 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.




60.8. The department may do any act or enter into any contract or
agreement desirable in carrying out the purposes of this division.



61. 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.


61.2. 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.



61.4. 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.



61.6. 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.



61.8. 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.



62. 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.


62.4. 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.


62.6. 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.




62.8. 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.


62.9. 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.



63.2. 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.



63.4. 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.




63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the commission, the Legislature,
and the Governor covering the operations of the department for the
preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.

(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.



63.9. 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.



64. (a) The Legislature hereby finds and declares that the growth
of water hyacinth and Egeria densa 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 and Egeria densa 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 and Egeria densa 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 and Egeria densa
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 and
Egeria densa 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.



64.7. (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.