reglab/housing_qa huggingface dataset:
CA Harb & Nav Code § 71.7.5 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 71.7.5.

71.7.5.  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.)
CA Harb & Nav Code § 71.9 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 71.9.

71.9.  A city, county, or district may use any excess revenues from rates enacted pursuant to Section 71.4 or from other fees, rates, rents, or charges for services in excess of those revenues required to comply with Section 71.8 and with any agreement entered into pursuant to Section 70, for waterfront improvements, waterfront recreational programs, and purchases of other waterfront property in the waterfront area under its jurisdiction.This section does not in any way affect the duties and obligations imposed upon a city, county, or district by any statute granting to any city, county, or district any state-owned tide or submerged lands.(Added by Stats. 1979, Ch. 432.)
CA Harb & Nav Code § 72 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.

72.  (a) If the legislative body of a city, county, or district has acquired, constructed, or improved small craft harbor facilities pursuant to an agreement or contract for a transfer pursuant to Section 70, or a loan pursuant to Section 71.4, the facilities may not be leased in whole or in part to a private concessionaire or lessee until the legislative body has published a notice pursuant to Section 6066 of the Government Code inviting bids and has otherwise complied with this section. Prior to publication of the notice, the legislative body shall obtain the approval of the department to the proposed leasing of the harbor facility and to the terms and conditions of the proposed lease. The notice shall distinctly and specifically describe the harbor facilities that are to be leased and set forth the period of the time for which the facilities are to be leased, and the minimum rental to be paid under the lease. The notice shall recite that the lease will reserve to the legislative body the power to fix and determine the rates to be charged by the lessee for the use by the public of the facilities. The notice also shall prominently display the statement that award of the lease by the legislative body is subject to final approval by the department, and fix a time and place for the opening of bids by the legislative body.(b) At the time and place fixed in the notice, the legislative body shall meet and consider all bids that have been submitted. The lease shall be awarded to the highest responsible bidder, but the award shall become final only after the award by the legislative body has been approved by the department.(Amended by Stats. 2009, Ch. 610, Sec. 8. (SB 717) Effective January 1, 2010.)
CA Harb & Nav Code § 72.2 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.2.

72.2.  (a) Notwithstanding other provisions of this chapter, if the legislative body of a city, county, or district has acquired, constructed or improved small craft harbor facilities pursuant to an agreement or contract for a transfer pursuant to Section 70 or a loan pursuant to Section 71.4 under circumstances in which the proposed lease area is land or water area and the terms of the proposed lease call for the lessee to install or construct all improvements, the land or water area may be leased by the legislative body without public bidding, but only after a public hearing, public notice of which shall be given by publication for not less than once a week for two weeks in a newspaper of general circulation published in the county in which the land lies.(b) Prior to publication of the public notice the legislative body shall obtain the written approval of the department to the proposed leasing of the harbor facility and the provisions of the proposed public notice. The public notice shall describe the land or water area that is to be leased, describe in general terms the nature of the development desired by the legislative body, and set forth the period of time for which the land or water area is to be leased, and the minimum rental to be paid under the lease. The public notice shall recite that the lease will reserve to the legislative body the power to fix and determine the rates to be charged by the lessee for the use by the public of facilities developed by the lessee. The public notice also shall contain a prominent statement that award of the lease by the legislative body is subject to final approval by the department, and fix a time and place for the public hearing by the legislative body. The public notice shall invite proposals for leasing from any and all interested parties.(c) At the time and place fixed in the public notice of hearing, the legislative body shall meet and consider the lease proposal submitted. The award of the lease shall become final only after the award by the legislative body has been approved by the department.(Amended by Stats. 2009, Ch. 610, Sec. 9. (SB 717) Effective January 1, 2010.)
CA Harb & Nav Code § 72.4 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.4.

72.4.  An agreement or contract for a transfer pursuant to former Section 5823 of the Public Resources Code or a loan pursuant to former Section 5827 or 6499.5 of that code, executed prior to the effective date of this chapter, shall, for the purposes of this chapter, be considered as an agreement or contract executed pursuant to this chapter.(Amended by Stats. 2006, Ch. 538, Sec. 341. Effective January 1, 2007.)
CA Harb & Nav Code § 72.5 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.5.

72.5.  (a) The Division, subject to the approval of the Legislature in accordance with Section 85.2, may grant funds to a county, city, district, or other public agency for the construction and development of small craft launching facilities and shall establish general policies for determining those projects for launching facilities that the division will recommend to the Legislature for grants of Harbors and Watercraft Revolving Fund moneys on the basis of which facilities will serve the public recreational boating needs.(b) This program is to build launching facilities in areas not normally considered by other state agencies as suitable to provide for conservation, propagation, and utilization of the fish and game resources of the state.(Amended by Stats. 2017, Ch. 26, Sec. 66. (SB 92) Effective June 27, 2017.)
CA Harb & Nav Code § 72.6 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.6.

72.6.  Transfers pursuant to Section 70, loans pursuant to Section 71.4, and grants pursuant to Section 72.5 shall be made by the division with the advice of the commission.(Amended by Stats. 2013, Ch. 353, Sec. 113. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
CA Harb & Nav Code § 72.7 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.7.

72.7.  (a) The department may grant funds to any public agency for the construction or procurement of floating restrooms and ancillary items.(b) The department may prepare plans and arrange for the procurement of floating restrooms and ancillary items for later transfer to other public agencies. All procurements shall be conducted under the supervision of the Department of General Services, in accordance with the requirements for state procurement of materials, supplies, and equipment established in Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.(c) The department shall establish general policies for determining appropriate bodies of water and locations thereon for placing floating restrooms. The department may adopt such rules and regulations as may be necessary to carry out the provisions of this section.(d) It is the intent of the Legislature that the purpose of this section is to furnish restroom facilities on bodies of water where conventional restrooms cannot meet the needs of boaters and where the presence of floating restrooms may lessen environmental degradation of those bodies of water.(Amended by Stats. 1987, Ch. 195, Sec. 1.)
CA Harb & Nav Code § 72.75 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.75.

72.75.  (a) The department may grant funds to any public agency for the construction or procurement of vessel pumpout or dump stations and ancillary items.(b) The department shall establish general policies for determining appropriate bodies of water and locations thereon for placing vessel pumpout or dump stations. The department may adopt rules and regulations that it finds necessary to carry out this section.(c) The Legislature finds and declares that the purpose of this section is to furnish vessel pumpout or dump station facilities on bodies of water where needed to meet the needs of boaters and where the presence of the vessel pumpout or dump stations may lessen environmental degradation of those bodies of water.(Added by Stats. 1994, Ch. 1233, Sec. 8. Effective September 30, 1994.)
CA Harb & Nav Code § 72.8 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.8.

72.8.  The department, subject to a line item appropriation by the Legislature for each proposed project, may grant funds to a county, city, district, or federal agency for the construction of waterway public access facilities used primarily by rafters, canoeists, tubers, and kayakers.Funds used to implement this section shall be derived from any bond act approved by the voters.(Added by Stats. 1990, Ch. 7, Sec. 1.)
CA Harb & Nav Code § 72.9 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 3 - Small Craft Harbors and Connecting Waterways|Section 72.9.

72.9.  The department, subject to a line item appropriation by the Legislature for each proposed project, may acquire property to provide for waterway public access facilities used primarily by rafters, canoeists, tubers, and kayakers, and may also provide for the construction of those facilities, subject to the approval of any state agency that owns the property upon which the facilities will be constructed.Funds used to implement this section shall be derived from any bond act approved by the voters.(Added by Stats. 1990, Ch. 7, Sec. 2.)
CA Harb & Nav Code § 75 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 4 - Vessels and Vessel Operators|Section 75.

75.  The department has such powers and duties relating to vessels and vessel operators as are imposed upon the department by Chapter 5 (commencing with Section 650) of Division 3.(Amended by Stats. 1984, Ch. 193, Sec. 73.)
CA Harb & Nav Code § 76 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.

76.  It is the intent of the Legislature that Harbors and Watercraft Revolving Fund moneys be used to implement the intent of Section 71.5 by providing loans directly to private recreational marina owners for the design, acquisition, development, expansion, and improvement of boating facilities. It is the further intent of the Legislature that borrowers receiving loans not charge unreasonably high boat berthing fees at their harbor facilities, but that those borrowers be entitled to charge rates that provide for servicing of borrowed indebtedness obtained to develop those facilities, provide for other expenses incurred in operating the facilities, establish reasonable reserves for repairs, maintenance, and replacement of those facilities, and provide a reasonable return on the borrower’s invested capital.(Amended by Stats. 2009, Ch. 610, Sec. 10. (SB 717) Effective January 1, 2010.)
CA Harb & Nav Code § 76.1 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.1.

76.1.  “Private marina owner” means a profit-oriented business enterprise which owns and operates, or intends to develop and operate, a small boat recreational facility providing boat berthing on a wet or dry storage basis and other improvements commonly found in a facility of that type on privately or publicly owned waters within this state.(Added by Stats. 1985, Ch. 1307, Sec. 2.)
CA Harb & Nav Code § 76.2 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.2.

76.2.  “Recreational marina” means a marina owned by a private marina owner which is used by the public primarily for recreational purposes.(Added by Stats. 1985, Ch. 1307, Sec. 2.)
CA Harb & Nav Code § 76.3 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.3.

76.3.  (a) The department may make loans to private marina owners to develop a recreational marina. Loan funds from the department may be utilized for both of the following:(1) Construction costs for berthing facilities, dredging, parking, public access facilities, restrooms, vessel pumpout facilities, oil recycling facilities, utilities, landscaping, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, and other incidental boating-related amenities.(2) Acquisition, collateral appraisals, permit fees, planning, engineering, and design expenses directly related to the items specified in paragraph (1).(b) The department shall not make a loan to a recreational marina that restricts access or bars the public other than that which is consistent with general commercial business practices.(c) Any private marina owner who purchases facilities previously developed with a department loan is eligible to apply for a new construction loan from the department.(d) (1) The department may also make a loan to a recreational marina for the purpose of refinancing an existing loan, subject to the following conditions:(A) Not more than 70 percent of the proceeds from the loan shall be used to refinance an existing loan.(B) Not less than 30 percent of the loan proceeds shall be used for construction activity authorized under this section.(C) The loan applicant shall meet all other requirements under law for loan qualification and any other applicable term or condition of law.(2) This subdivision does not prohibit a person from applying for a loan under subdivision (a).(Amended by Stats. 2009, Ch. 610, Sec. 11. (SB 717) Effective January 1, 2010.)
CA Harb & Nav Code § 76.4 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.4.

76.4.  (a) An application for a loan under Section 76.3 shall be filed with the department and shall:(1) Include a feasibility study containing sufficient information and detail to demonstrate that the project is engineeringly and financially feasible.(2) Be processed with due diligence, giving consideration to the needs of the borrower and the interest of the public in preserving the integrity of the Harbors and Watercraft Revolving Fund.(3) Include evidence of compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (4) Include all costs incurred by the applicant in processing and obtaining loan proceeds.(b) The costs of brokerage fees, planning studies, and all other costs for the preparation of the loan application shall be borne by the applicant.(Added by Stats. 1985, Ch. 1307, Sec. 2.)
CA Harb & Nav Code § 76.5 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.5.

76.5.  In processing applications under this article, the division shall give priority to applications from qualified private marina owners who have not received previous loans from the department. If the department finds a proposed loan project is feasible, the loan request shall be submitted to the commission for its advice.(Amended by Stats. 2013, Ch. 353, Sec. 114. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
CA Harb & Nav Code § 76.6 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.6.

76.6.  Loans made under this article shall include, but are not limited to, the following terms and conditions:(a) The minimum annual rate of interest charged by the division for a loan shall be set annually by the division and shall be a rate equal to 1 percent per annum plus the prime or base rate of interest.(b) The division shall require collateral in a minimum amount of 110 percent of the loan.(c) The repayment period of a loan shall not exceed 20 years, or be longer than the length of the borrower’s leasehold estate, including renewal options, if the loan is based upon a leasehold estate of the borrower.(d) All loans shall amortize the principal over the term of the loan. However, a loan shall become due and payable in full if the borrower sells or otherwise transfers the recreational marina developed with divisional funds, unless the transfer is, by reason of the death of the borrower, to the borrower’s heirs.(e) The division’s loans shall not be subordinated to any future loans obtained by a private marina owner, except in those cases involving loans acquired for refinancing previous senior loans.(f) The division may allow assumption of loans from the original borrower by future parties, subject to completion of the application process and upon approval by the division.(g) The division may, upon written request by the borrower, restate an existing loan.(Amended by Stats. 2013, Ch. 353, Sec. 115. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
CA Harb & Nav Code § 76.7 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.7.

76.7.  (a) All loans made by the department to private marina owners shall be funded from the Harbors and Watercraft Revolving Fund.(b) All loans, including those loans previously made under Section 35300 of the Financial Code, shall be repaid by private marina owners to the Harbors and Watercraft Revolving Fund.(c) Private marina owners receiving loans made by the department shall not charge unreasonably high boat berthing fees.(d) The department shall monitor the berthing fees of the private marina owners receiving department loans to ensure that these rates are reasonable and not exorbitant.(Amended by Stats. 1990, Ch. 1428, Sec. 4.)
CA Harb & Nav Code § 76.8 (2021)
2021 California Code|Harbors and Navigation Code - HNC|DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION|CHAPTER 2 - Department of Boating and Waterways|ARTICLE 5 - Recreational Marinas|Section 76.8.

76.8.  The department shall adopt regulations to implement or make this article more specific, including standards for the approval of loans, which shall include, but not be limited to, definitions of collateral, standards for the payment of loans, weighing and ranking criteria to qualify and prioritize the loans, and the form of documents to be used to evidence loans. The purpose of the regulations shall be to ensure that loans made under this article conform with customary commercial practices. No loans shall be made pursuant to this article from funds appropriated in the Budget Act of 1999 until the loan approval standards have been approved by the Department of Finance. Any subsequent changes to the loan approval standards shall also be approved by the Department of Finance.(Amended by Stats. 1999, Ch. 66, Sec. 3. Effective July 6, 1999.)