reglab/statecodes huggingface dataset:
2023 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 71.4.

71.4. (a) (1) The division, subject to the approval of the Legislature in accordance with Section 85.2, may make loans to qualified cities, counties, or districts having power to acquire, construct, and operate small craft harbors, for the design, planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection with the harbors, and connecting waterways, if the division finds that the project is feasible.
(2) The minimum annual rate of interest charged by the division for a loan shall be set annually by the division and shall be based on the Pooled Money Investment Account interest rate.
(b) The division shall establish, by rules and regulations, policies and standards to be followed in making loans pursuant to this section so as to further the proper development and maintenance of a statewide system of small craft harbors and connecting waterways. To the greatest extent possible, the division shall adhere to customary commercial practices to ensure that loans made pursuant to this section are adequately secured and that the loans are repaid consistent with the terms of the loan agreement. Any rules and regulations shall include policies and standards for restrooms, vessel pumpout facilities, oil recycling facilities, and receptacles for the purpose of separating, reusing, or recycling all solid waste materials.
(c) The division shall develop weighing and ranking criteria to qualify and prioritize the public loans.
(d) A loan under this section shall be repaid as provided in Section 70.
(e) Rates to be charged for the use of the boating facilities shall be established by the city, county, or district, subject to the approval of the division, in every loan contract. The division shall concern itself with the rates charged only as prescribed in Section 71.8. The rates set shall be based on a monthly berthing charge, and the division shall monitor these rates to ensure that the berthing charges are sufficient to ensure timely and complete repayment of the loan.
(f) The division may restate an existing loan under this article, upon written request by the borrower.
(Amended by Stats. 2017, Ch. 26, Sec. 65. (SB 92) Effective June 27, 2017.)
2023 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 71.5.

71.5. (a) The department shall encourage cities, counties, and districts that propose to apply for initial loan funding for new small craft harbor development projects pursuant to Section 71.4 to communicate and to work with private enterprise in order to determine if private business could construct and operate the projects’ revenue producing facilities under fair and reasonable terms.
(b) No loan shall be made for the initial phase of new small craft harbor projects pursuant to Section 71.4 for those project facilities that produce revenues, unless the city, county, or district applying for the loan has held a public hearing on the feasibility of a private concessionaire or lessee constructing and operating the proposed project under a contract with the applicable public agency.
(c) Notice of a hearing held pursuant to subdivision (b) shall be published in accordance with Section 6066 of the Government Code and in two publications of general circulation of special interest to the recreational boating community.
(Added by Stats. 1984, Ch. 721, Sec. 1.)
2023 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 71.6.

71.6. A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 shall not be made to a city, county, or district if it would provide for an indebtedness or liability contrary to the provisions of Section 18 of Article XI of the Constitution unless, at an election called by the governing body of the city, county, or district two-thirds of the qualified electors thereof voting thereat have authorized the governing body to accept, expend, and repay the amount of the indebtedness or liability under this chapter; nor shall such transfer or loan be made if written protest thereto signed by owners of one-half or more of the assessed valuation of taxable property in said city, county, or district is received by the governing body of such city, county, or district. Such election shall be held in accordance with provisions of law for the incurring of bonded indebtedness by the city, county, or district, as near as the same may be applicable. Except as may be prohibited by this section, a transfer pursuant to Section 70 or a loan pursuant to Section 71.4 may be made to a city, county, or district and it may accept such a transfer or loan, notwithstanding any other provision of law limiting or prohibiting the creation of any indebtedness on the part of the city, county, or district.
A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 may be made to a city, county, or district without an election if the transfer or loan agreement provides that payments shall be made from the gross revenues of a small craft harbor, and that such gross revenues shall constitute security for such payments. Gross revenues of a small craft harbor include all charges received from, and all other income and receipts derived by the city, county, or district from, the operation of a small craft harbor.
Gross revenues include any income received by such governmental entity from any concession or other contract operations had by the entity on its harbor facilities, but does not include gross revenues to a concessioner.
(Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
2023 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.

71.7. Notwithstanding any other provision of this chapter, Section 82, or any contract or agreement to the contrary, loan payments on the loan on behalf of Spud Point Marina in the County of Sonoma, as authorized by Schedule (b)(8) of Item 3680-101-516 of Section 2.00 of the Budget Act of 1982, and administered by the division, may be renegotiated by the division and the County of Sonoma, to solve the fiscal problems involving the marina existing on the effective date of this section as enacted during the 1994 portion of the 1993–94 Regular Session.
(Amended by Stats. 2013, Ch. 353, Sec. 112. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 77.

77. (a) The department, subject to the approval of the Director of Finance, may borrow funds from the Harbors and Watercraft Revolving Fund when a borrower has defaulted from any financial obligation and funds are required to protect the security interest of the department with respect to any loan made under Section 76.3.
(b) The funds borrowed under this section shall be repaid within three years from the date of the approval of the Director of Finance. The repayment shall include the principal amount of the loan, plus interest equal to the rate of earnings of money deposited in the Surplus Money Investment Fund at the time the loan is approved by the Director of Finance.
(c) A maximum of ten million dollars ($10,000,000) per year may be used for purposes of this section.
(d) The borrowed funds may be used to do any of the following:
(1) Pay any administrative and legal expenses incurred in connection with those defaults.
(2) Acquire through negotiated purchase or bid at auction any property which serves as collateral for those defaulted loans.
(3) Pay any costs of operating and maintaining a recreational marina acquired as a result of a failed loan, until the marina is sold.
(Added by Stats. 1990, Ch. 1500, Sec. 3.)
2023 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 77.1.

77.1. The department, upon whatever terms and conditions it deems proper, may sell or otherwise dispose of property serving as collateral for a defaulted loan made under Section 76.3 or may operate, contract to operate, or let property involved in the default. All proceeds from any action of the department pursuant to this section shall be deposited in the Harbors and Watercraft Revolving Fund and credited towards the repayment of the defaulted loan.
(Added by Stats. 1990, Ch. 1500, Sec. 4.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 80.

80. (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 this chapter.
(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 the state.
(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 state.
(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 public.
(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.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 80.2.

80.2. 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 unexpired term.
(Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 104. (AB 383) Effective January 1, 2014.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 80.6.

80.6. 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.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 80.8.

80.8. 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.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 81.

81. 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.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 81.2.

81.2. The commission shall adopt a seal.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 81.4.

81.4. No action shall be taken by the commission by less than a majority of its members.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 81.6.

81.6. The Department of General Services shall furnish suitable offices and equipment for the use of the commission.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 81.8.

81.8. The deputy director shall act as the secretary of the commission.
(Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 352, Sec. 328. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 82.

82. 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.
(Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 353, Sec. 116. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 82.3.

82.3. The commission shall have the following particular duties and responsibilities:
(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 impacted property.
(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 Code.
(Amended by Stats. 2013, Ch. 353, Sec. 117. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 82.4.

82.4. All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 3 - Boating and Waterways Commission › Section 82.6.

82.6. All records of the commission shall be open to inspection by the public during regular office hours.
(Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 4 - Harbors and Watercraft Revolving Fund › Section 85.

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.
(Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)