2007 California Harbors and Navigation Code Chapter 4. Harbors And Watercraft Revolving Fund

CA Codes (hnc:85-88)

85.  All moneys received by the department, including any moneys
received by the department from the purchase or condemnation by any
other person or agency of any property acquired by the department for
the purposes of this division, shall be deposited in the State
Treasury and credited to the Harbors and Watercraft Revolving Fund,
which fund is hereby created.  The Harbors and Watercraft Revolving
Fund is the successor to the Small Craft Harbor Revolving Fund, which
fund is hereby abolished.  All references in any law to the Small
Craft Harbor Revolving Fund shall be deemed to refer to the Harbors
and Watercraft Revolving Fund.


85.2.  (a) All moneys in the Harbors and Watercraft Revolving Fund
are available, upon appropriation by the Legislature, for expenditure
by the department for boating facilities development, boating
safety, and boating regulation programs, and for the purposes of
Section 656.4, including refunds, and for expenditure for
construction of small craft harbor and boating facilities planned,
designed, and constructed by the department, as specified in
subdivision (c) of Section 50, at sites owned or under the control of
the state.
   (b) (1) The money in the fund is also available, upon
appropriation by the Legislature, to the Department of Parks and
Recreation for the operation and maintenance of units of the state
park system that have boating-related activities. Funds appropriated
to the Department of Parks and Recreation may also be used for
boating safety and enforcement programs for waters under its
jurisdiction.
   (2) The Department of Parks and Recreation shall submit to the
Legislature, on or before January 1 of each year, a report describing
the allocation and expenditure of funds made available to the
Department of Parks and Recreation from the Harbors and Watercraft
Revolving Fund and from the Motor Vehicle Fuel Account in the
Transportation Tax Fund attributable to taxes imposed on the
distribution of motor vehicle fuel used or usable in propelling
vessels during the previous fiscal year. The report shall list the
special project or use, project location, amount of money allocated
or expended, the source of funds allocated or expended, and the
relation of the project or use to boating activities.
   (c) The money in the fund shall also be available, upon
appropriation by the Legislature, to the State Water Resources
Control Board for boating-related water quality regulatory
activities.
   (d) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Fish and Game for activities
addressing the boating-related spread of invasive species.
   (e) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Food and Agriculture for
activities addressing the boating-related spread of invasive species.



86.  (a) The local public agency shall certify to the department
that for any small craft harbor or boating facility project which is,
or has been, funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5,
or 76.3, or a harbor constructed with funds from the State Lands
Commission from tidelands oil revenues, adequate restroom and
sanitary facilities, parking, refuse disposal, vessel pumpout
facilities as required pursuant to Section 776, walkways, oil
recycling facilities, receptacles for the purpose of separating,
reusing, or recycling all solid waste materials, and other necessary
shoreside facilities sufficient for the use and operation of all
vessels using the harbor or facility are provided or provide written
findings showing why the facility cannot certify to these conditions.

   (b) No city, county, or district, which has received or is
receiving money under this division for the construction or
improvement of small craft harbors which provides facilities for the
operation of commercial fishing vessels registered pursuant to
Article 4 (commencing with Section 7880) of Chapter 1 of Part 3 of
Division 6 of the Fish and Game Code, shall prohibit the commercial
operation and use of those facilities by commercial passenger fishing
vessels of the same or similar displacement, which are licensed
pursuant to Section 7920 of the Fish and Game Code, or the use by
private recreational vessels unless otherwise expressly provided by
law, unless the city, county, or district provides, elsewhere in the
same harbor, alternative, equivalent facilities available at
comparable cost for the commercial operation and use of commercial
passenger fishing vessels and private recreational vessels or unless
the city, county, or district adopts written findings showing why the
existing facility cannot accommodate the operation of commercial
fishing vessels, including commercial passenger fishing vessels, or
private recreational vessels and why the facility cannot be modified
to do so or why alternative, equivalent facilities cannot be provided
in the same harbor to accommodate those operations.  This
subdivision does not require a facility to accept an application for
the operation of an additional commercial passenger fishing boat at
that facility if the harbor provides alternative, equivalent,
adequate, safe facilities at comparable cost for the operation and
use of commercial passenger fishing boats or if accommodations for
the operation of the additional commercial passenger fishing boat are
not reasonably available at the facility under the contract or
agreement.
   For the purposes of this subdivision, an alternative, equivalent
facility in the same harbor shall provide, at comparable cost,
adequate restroom and sanitary facilities, parking, refuse disposal,
walkways, power and water service, and other shoreside facilities and
equivalent docks, water channels, navigation aids, and weather
protection, including, but not limited to, breakwaters, which are
equivalent to the facility funded pursuant to Section 70, 70.2, 70.8,
71.4, 72.5, or 76.3.
   (c) Any loan, grant, contract or agreement, or plan funded
pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 for any small
craft harbor or boating facility project shall provide for
construction, development, or improvement of facilities to
substantially meet the provisions of subdivisions (a) and (b) and to
provide vehicular access roads to the harbor or facility, as
recommended by the Department of Transportation pursuant to Division
13 (commencing with Section 21000) of the Public Resources Code,
unless the reasons for not meeting those provisions and
recommendations are set forth in the contract or agreement with the
department, or an addendum thereto.
   (d) During the term of any existing or new loan contract made
pursuant to Section 71.4 or 76.3, or any existing or new contract or
agreement pursuant to Section 70, 70.2, or 70.8, the department shall
supervise and monitor compliance with subdivisions (b) and (c) and
the operation and maintenance of the harbor or facility to assure
that the planning, construction, development, or improvement fully
complies with this section and the contract or agreement terms and
conditions.
   (e) For the purposes of this chapter and Chapter 2 (commencing
with Section 70), any harbor or facility which is the subject of a
contract or agreement as described in subdivision (d), is under the
jurisdiction of the department.



87.  The department shall give consideration for funding the
planning, construction, development, or improvement of small craft
harbors to projects which are  financially feasible and which make
existing small craft harbors, which are subject to the jurisdiction
of the department, substantially meet the provisions of Section 86.




88.  A small craft harbor or boating facility funded pursuant to
Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 is not liable for any
damages which occur on a vessel using those facilities or pursuant to
operation of the vessel, other than on the facilities of the harbor
or boating facility.  This section does not provide immunity from
liability for a small craft harbor or boating facility for its
negligent acts.