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 1 - Administration › Section 50.2.

50.2. The division shall be administered by an executive officer known as the Deputy Director of Boating and Waterways. Any reference to the Director of Boating and Waterways shall be deemed to refer to the Deputy Director of Boating and Waterways. The deputy director shall be appointed by and hold office at the pleasure of the Governor and shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of any deputy director appointed by the Governor shall be subject to confirmation by the Senate.
(Amended by Stats. 2013, Ch. 352, Sec. 326. (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 2 - Department of Boating and Waterways › ARTICLE 1 - Administration › Section 50.4.

50.4. The director, before entering upon his duties, shall execute and deliver to the state an official bond in the sum of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his duties.
(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 1 - Administration › Section 50.6.

50.6. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary.
(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 1 - Administration › Section 50.8.

50.8. The director, with the approval of the Governor, may arrange and classify the work of the department and consolidate, abolish, or create divisions thereof.
(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 2 - General Powers › Section 60.

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.
(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 2 - General Powers › Section 60.2.

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.
(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 2 - General Powers › Section 60.4.

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.
(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 2 - General Powers › Section 60.6.

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.
(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 2 - General Powers › Section 60.8.

60.8. The department may do any act or enter into any contract or agreement desirable in carrying out the purposes of this division.
(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 2 - General Powers › Section 61.

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.
(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 2 - General Powers › Section 61.2.

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.
(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 2 - General Powers › Section 61.4.

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.
(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 2 - General Powers › Section 61.6.

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.
(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 2 - General Powers › Section 61.8.

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.
(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 2 - General Powers › Section 62.

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.
(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 2 - General Powers › Section 62.4.

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.
(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 2 - General Powers › Section 62.6.

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.
(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 2 - General Powers › Section 62.8.

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.
(Amended by Stats. 1987, Ch. 745, 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 2 - General Powers › Section 62.9.

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.
(Added by Stats. 1978, Ch. 655.)
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 2 - General Powers › Section 63.2.

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.
(Amended by Stats. 1974, Ch. 1221.)
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 2 - General Powers › Section 63.4.

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.
(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 2 - General Powers › Section 63.9.

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.
(Added by Stats. 1978, Ch. 365.)
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 2 - General Powers › Section 64.

64. (a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) 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 (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) 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 (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) 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 (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) 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 (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) 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.
(Amended by Stats. 2012, Ch. 188, Sec. 2. (AB 1540) Effective January 1, 2013.)
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 2 - General Powers › Section 64.2.

64.2. To the extent feasible, the division shall collaborate with the California Conservation Corps established pursuant to Division 12 (commencing with Section 14000) of the Public Resources Code and use members of the corps in implementing its invasive aquatic plants control programs in the delta, its tributaries, and the marsh.
(Added by Stats. 2017, Ch. 247, Sec. 1. (SB 704) Effective January 1, 2018.)
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 2 - General Powers › Section 64.7.

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.
(Added by Stats. 2001, Ch. 360, Sec. 1. Effective January 1, 2002.)
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 2.5 - Beach Erosion Control › Section 65.

65. The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are available therefor, shall study and report upon problems of beach erosion and means for the stabilization of beaches and shoreline areas.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 65.1.

65.1. To the extent that funds are available therefor, the department shall cooperate with all agencies of government, federal, state, and local, for the purposes of beach erosion control and stabilization of beaches and shoreline areas, and shall act in an advisory capacity on beach erosion control and stabilization of beaches and shoreline areas when requested by any public agency of the state or by any agency of the federal government.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 65.2.

65.2. The department shall prepare plans for and construct such works as its studies and investigations indicate to be necessary for beach erosion control and stabilization of beaches and shoreline areas, to the extent that funds are available therefor. In the preparation of such plans and construction of works therefor the department may cooperate by contract or otherwise with the Beach Erosion Board of the United States or with any other federal, state, county, or municipal agency, or with any or all such agencies, upon such terms and conditions and in such manner as will be for the best interests of the state.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 65.3.

65.3. When state funds are made available on a matching basis to be expended in connection with any federal project for beach erosion control or stabilization of beaches and shoreline areas, such funds shall be administered by the department, subject to approval of the Director of Finance.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 65.5.

65.5. Whenever a beach erosion control project has been authorized by Congress for federal financial participation in accordance with Public Law 727, 79th Congress, 2nd Session, as amended by Public Law 826, 84th Congress, 2nd Session, or as it may be later amended, or any other act of Congress relating to beach erosion control in which local participation is required, it is the policy of the state to consider bearing one-half the costs of local participation required by the authorizing federal legislation, including construction costs and costs of lands, easements, and rights-of-way; provided that state participation may only be provided if any affected city, county, or other public agency furnishes assurances satisfactory to the division that it will provide all other local cooperation required by the authorizing federal legislation, will hold and save the state free from damages for all time due to the construction, operation, and maintenance of the project, and will maintain and operate the project during its useful life, as may be required to serve its intended purpose, subject to relevant regulations that may be prescribed by the division.
(Amended by Stats. 2022, Ch. 60, Sec. 25. (AB 203) Effective June 30, 2022.)
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 2.5 - Beach Erosion Control › Section 65.6.

65.6. Notwithstanding the provisions of Section 65.5, appropriations may be made by the state, from time to time by law, to pay for the costs of sharing in such participation in beach erosion control projects following state authorization of a specific project, but such participation shall apply only to costs incurred for the project as finally authorized by the Congress and the state, and appropriations for such costs shall not be expended by the state until after the appropriation of construction funds by the Congress.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 65.7.

65.7. Small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers pursuant to Section 103 of the River and Harbor Act of 1962, Title I of Public Law 87-874, 76 Stat. 1173, and Section 310(b) of the River and Harbor Act of 1965, Title III of Public Law 89-298, 79 Stat. 1073 (33 U.S.C. 426(f) and 426(g)), are authorized for state participation pursuant to Section 65.5 without further specific authorization by the Legislature, at such costs as may be appropriated by the Legislature upon the recommendation and advice of the department. Such state participation shall not take precedence over other pending projects of higher priority.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 65.9.

65.9. Whenever beach erosion control works are included in a small boat harbor development project, the report of the department required by Section 65.8 shall be approved by the Director of Finance prior to submission to the Legislature.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 66.

66. The department, with the approval of the Director of Finance, and on terms satisfactory to the department may advance moneys appropriated for this purpose in the amount required to meet the federal share of any project described in Section 65.5 in order to carry out construction of the project. Reimbursement from the federal government shall be reimbursed to the fund from which the advance was made.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 66.1.

66.1. Where the department is the construction agency, the city, county or other public agency acting in cooperation with the department in the construction of any federally authorized beach erosion control project shall transmit funds representing its share of the costs to the department for deposit in the State Treasury in advance of commencement of construction work.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 67.

67. The San Diego County Beach Erosion Control Project (Imperial Beach) is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 399, 84th Congress, and authorized by the River and Harbor Act of 1958, Title I of Public Law 85-500, 72 Stat. 297. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 67.1.

67.1. The San Diego (Sunset Cliffs), California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 477, 89th Congress, and authorized by the River and Harbor Act of 1966, Title I of Public Law 89-789, 80 Stat. 1405. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. Notwithstanding the provisions of Section 65.6, state funds appropriated for this project may be expended prior to the appropriation of construction funds for such project by the Congress.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 67.2.

67.2. The Orange County, California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 602, 87th Congress, and authorized by the River and Harbor Act of 1962, Title I of Public Law 87-874, 76 Stat. 1173. Notwithstanding the provisions of Section 65.6, state funds appropriated for this project may be expended prior to the appropriation of construction funds for said project by the Congress. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 67.3.

67.3. The Los Angeles County (Redondo Beach to Malaga Cove) Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plans set forth in House Document 277, 83rd Congress, and authorized by the River and Harbor Act of 1954, Title I of Public Law 780, 83rd Congress, Second Session, 68 Stat. 1248. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority.
(Added by Stats. 1970, Ch. 1428.)
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 2.5 - Beach Erosion Control › Section 67.4.

67.4. The department shall conduct the repair and restoration of the beach and shoreline located adjacent to the Pacific Ocean and in the City of Oceanside if the city does all of the following:
(a) Prepares a plan for the repair and restoration which is approved by the department and the State Coastal Conservancy.
(b) Agrees to commit funds for the repair and restoration equal to the amount of state funds appropriated for the repair and restoration.
(Added by Stats. 1980, Ch. 1198.)
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 2.6 - California Recreational Boating Trails › Section 68.

68. The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreational boating trails. The plan shall be the boating trails element of the California Recreational Trails System Plan as required pursuant to the California Recreational Trails Act (commencing with Section 5070 of the Public Resources Code). The plan shall be prepared and continually maintained in accordance with provisions of the California Recreational Trails Act and shall, to the maximum extent practicable, be compatible with other elements of the California Recreational Trails System Plan.
(Added by Stats. 1978, Ch. 365.)
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 2.6 - California Recreational Boating Trails › Section 68.2.

68.2. In conformance with the California Recreational Trails Act, the Legislature hereby finds and declares that there is a statewide and continuing interest in the public’s use of the state’s inland waterways for recreational purposes. The Legislature further finds and declares that there exists a need to provide for recreational resource planning of the waterways in a manner that provides access and utilization for recreational purposes, consistent with the provisions of the California Recreational Trails Act.
(Added by Stats. 1978, Ch. 365.)
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 2.8 - California Public Beach Restoration Act › Section 69.5.

69.5. This chapter shall be known, and may be cited, as the California Public Beach Restoration Act.
(Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.)
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 2.8 - California Public Beach Restoration Act › Section 69.6.

69.6. (a) The California Public Beach Restoration Program is hereby established, to be administered by the department for all of the following purposes:
(1) The restoration, enhancement, and nourishment of public beaches, as determined to be necessary by the department, through the cost-effective engineered placement of sand on the beach or in the nearshore environment.
(2) The planning, design, and permitting of the beach restoration, nourishment, or enhancement projects specified in paragraph (1), which shall not exceed 15 percent of the total project cost.
(3) The preparation of studies to inventory, characterize, and assess the physical and biological resources of the ocean, and nearshore, shoreline, and inland areas that are determined by the department to be necessary to construct the projects specified in paragraph (1) that are environmentally and economically sound. The cost of the studies shall not exceed 5 percent of the annual program funding.
(4) The funding of 100 percent of the nonfederal project construction cost for restoration, nourishment, or enhancement of coastal state parks and state beaches with placement of sand on the beach or in the nearshore.
(5) The funding of 85 percent of the nonfederal project cost for restoration, nourishment, or enhancement of nonstate public beaches with placement of sand on the beach or in the nearshore, with a 15 percent match from the local sponsors, provided as funds or in-kind services.
(6) The active pursuit and promotion of federal and local partnerships to cost-share beach restoration, nourishment, or enhancement projects specified in paragraph (1) that have significant state benefits.
(b) Prior to funding any project under this section, the department shall develop guidelines that include application requirements and criteria for evaluating a project. The guidelines shall be consistent with the Resources Agency’s policies for shoreline erosion protection. Only beaches that are in public ownership and that are open and accessible to the public are eligible for funding under this section.
(Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.)
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 2.8 - California Public Beach Restoration Act › Section 69.9.

69.9. (a) The Public Beach Restoration Fund is hereby created in the State Treasury. The moneys in the fund shall be available for expenditure by the department only for the purposes of the California Public Beach Restoration Program established pursuant to this article.
(b) Of the moneys in the fund, 60 percent shall be available for allocation by the department to projects south of the point at which the Pacific Ocean meets the border between the County of San Luis Obispo and the County of Monterey and 40 percent shall be available for allocation to projects located north of that point.
(Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.)
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 70.

70. The department may prepare plans for, and acquire, construct, develop, and improve, small craft harbors, facilities in connection with the harbors, and connecting waterways. A small craft harbor so acquired or developed may be transferred, and its operation relinquished, to a county or city, or a district having power to operate a small craft harbor, in which any part of it is located, upon the request of the city, county, or district, if the city, county, or district enters into an agreement with the department for repayment to the state of all costs incurred by the department in acquiring and developing the small craft harbor, including planning costs. The city, county, or district shall be required by the department to repay those costs. The payments shall be made in the amounts and at the times that are provided by the agreement.
(Amended by Stats. 2009, Ch. 610, Sec. 1. (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 70.2.

70.2. (a) The department may prepare or contract for the preparation of plans for, acquire or contract for the acquisition of, construct or contract for the construction of, develop and improve, or contract for the development and improvement of any portion of coastal small craft harbors that are normally nonrevenue producing, such as jetties, breakwaters, dredging, seawalls, piers, and communication centers.
(b) This program may be conducted in cooperation with the federal government for harbor development along the coastline of California. In those cooperative projects, the department may assume the role of “local sponsor” as that term is used in agreements with the federal government with regard to those projects referred to in this section if before the department assumes the role of “local sponsor” it determines to its satisfaction that the local entity that would otherwise be designated as local sponsor cannot fulfill the obligations commensurate with that designation.
(c) If the nonrevenue producing facilities are to be a portion of an existing harbor, the department, prior to construction of those facilities, shall enter into an agreement with the local governing body of the harbor that provides that revenues from harbor operations and harbor district taxes shall serve as security for repayment of the state contribution to the cost of construction and the local governing body shall assume responsibility for the operation and maintenance of the facilities constructed under the agreement.
(d) If nonrevenue producing facilities are to be constructed at a location where no harbor operation is being conducted by a governmental entity, the department may initiate construction of the facilities after securing an agreement with the appropriate local jurisdiction that the local entity shall assume the responsibility of operation and maintenance of the facilities, as well as repayment of all related costs of the department, as agreed to in writing.
(e) Harbor facilities provided by the department pursuant to this section shall be defined as nonrevenue producing features for the purpose of the term of repayment under subdivision (a) of Section 71.8.
(Amended by Stats. 2009, Ch. 610, Sec. 2. (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 70.3.

70.3. “Harbor of safe refuge” means a port, harbor, inlet, or other body of water normally sheltered from heavy seas by land and in which a vessel can navigate and safely moor, as set forth in Section 70.5.
(Added by Stats. 2000, Ch. 282, Sec. 1. Effective January 1, 2001.)
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 70.4.

70.4. No city, county, or district that has received, or is receiving, money under this division for the design, planning, construction, or improvement of a small craft harbor of refuge shall exclude, consistent with the intent of Section 40, the use of that harbor by a commercial boat, or any vessel in need of a safe harbor for refuge purposes. Each vessel entering and using a harbor of safe refuge pursuant to this section shall pay the published fees for services rendered while in the harbor and shall comply with all other applicable local, state, and federal laws while in the harbor and while using any facilities in the harbor.
(Amended by Stats. 2009, Ch. 610, Sec. 3. (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 70.5.

70.5. (a) The following are harbors of safe refuge:
(1) Bodega Bay Harbor.
(2) Channel Islands Harbor.
(3) Crescent City Harbor.
(4) Dana Point Harbor.
(5) Fort Bragg Harbor.
(6) Humboldt Bay Harbor.
(7) Kings Harbor.
(8) Marina del Rey Harbor.
(9) Monterey Harbor.
(10) Morro Bay Harbor.
(11) Moss Landing.
(12) Newport Beach Harbor.
(13) Oceanside Harbor.
(14) Pillar Point Harbor.
(15) Port San Luis Harbor.
(16) Santa Barbara Harbor.
(17) Santa Cruz Harbor.
(18) Ventura Harbor.
(b) The use of any harbor listed in subdivision (a) for safe refuge purposes is subject to the suitability of that location as a harbor of safe refuge as determined by the cognizant Officer in Charge, Marine Inspection, United States Coast Guard, as described in the definition of “harbor of safe refuge” in Section 175.400 of Title 46 of the Code of Federal Regulations.
(Added by Stats. 2000, Ch. 282, Sec. 3. Effective January 1, 2001.)
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 70.6.

70.6. If the department acquires, constructs, develops, or improves a small craft harbor pursuant to Section 70 but receives no request for transfer of its operation to a city, county, or district willing and able to meet the requisite conditions for such a transfer, the department may maintain and operate the harbor.
(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 70.8.

70.8. The department may contract with a federal agency, state agency, or city, county, or district, in the design, planning, construction, development, and improvement of small craft harbors pursuant to this chapter, or for the maintenance and operation of any small craft harbors under the jurisdiction of the department.
(Amended by Stats. 2009, Ch. 610, Sec. 4. (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 71.

71. The department may provide for the granting of concessions within the boundaries of harbors under the jurisdiction of the department in order to furnish the public with fuel, oil, food, and other facilities, and may grant easements, rights of way, and permits with respect to such harbors.
(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 71.2.

71.2. (a) The department shall protect small craft harbors under its jurisdiction from damage and preserve the peace in those harbors. The director and the employees of the department that the director designates have the authority and powers conferred by law upon peace officers listed in Section 830.33 of the Penal Code for those harbors. The department may adopt rules and regulations that may be necessary for the purposes of this section. A violation of those rules or regulations is a misdemeanor.
(b) A person found guilty of a misdemeanor violation of this section shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment.
(Amended by Stats. 2009, Ch. 610, Sec. 5. (SB 717) Effective January 1, 2010.)