reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.2 - Launching Facility Grant Regulations › Section 5154 - Construction and Operation Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A construction and operation agreement between the
					 applicant and the department will be entered into after funds are appropriated,
					 specifying that applicant will carry insurance as required by the department
					 and that the completed facility will be operated and maintained for a period of
					 20 years at no cost to the department. If the applicant fails to construct,
					 maintain or operate the facility in accrdance with the terms of the agreement,
					 he may be required, at the option of the department, to reimburse the
					 department for the State's share of the costs of development on a prorated
					 unexpired term basis.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Sections
						63.9(e)
						and
						72.5,
						Harbors and Navigation Code. Reference: Sections
						72.5
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.3 - Floating Rest Room Grant Regulations › Section 5160 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall be known and may be cited as the Boating
					 and Waterways Floating Rest Room Grant Regulations under which the Department
					 of Boating and Waterways may make grants to eligible applicants in accordance
					 with the provisions of Section
					 72.7
					 of the Harbors and Navigation Code.
1. New
					 Article 1.3 (Sections
					 5160-5163) filed 1-18-77;
					 effective thirtieth day thereafter (Register 77, No. 4).
2.
					 Amendment filed 2-16-79 as procedural and organizational; effective upon filing
					 (Register 79, No. 7).
3. Editorial correction of NOTE filed 10-11-85
					 (Register 85, No. 41).
Note: Authority cited: Sections
						63.9(e)
						and
						72.7,
						Harbors and Navigation Code. Reference: Sections
						72.7
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.3 - Floating Rest Room Grant Regulations › Section 5161 - Grant Conformity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any grant made to a county, city, district, or other public
					 agency for the purpose of construction and development of floating rest room
					 facilities shall be in conformity with this article.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Sections
						63.9(e)
						and
						72.7,
						Harbors and Navigation Code. Reference: Sections
						72.7
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.3 - Floating Rest Room Grant Regulations › Section 5162 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for floating rest room grants shall
					 include:
(a) A demonstration that the
				  body of water on which the rest room would be located is affected by
				  significant seasonal fluctuation in water surface elevation and/or a lack of
				  conveniently located and accessible landside sanitary facilities; and
(b) A finding that due to either or both of
				  the aforesaid conditions, conventional rest rooms cannot meet the needs of
				  boaters and the presence of floating rest rooms may lessen environmental
				  degradation of the body of water.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Sections
						63.9(e)
						and
						72.7,
						Harbors and Navigation Code. Reference: Sections
						72.7
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.3 - Floating Rest Room Grant Regulations › Section 5163 - Construction and Operation Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A construction and operation agreement between the
					 applicant and the Department will be entered into after funds are appropriated,
					 specifying that applicant will carry insurance as required by the Department,
					 and that the completed rest room will be operated and maintained for a period
					 of ten years at no cost to the Department. If the applicant fails to construct,
					 maintain or operate the rest room in accordance with the terms of the
					 agreement, the applicant may be required, at the option of the Department, to
					 reimburse the Department for the State's share of the costs of development on a
					 prorated unexpired term basis.
1. Editorial
					 correction of NOTE filed 10-11-85 (Register 85, No.
					 41).
Note: Authority cited: Sections
						63.9(e)
						and
						72.7,
						Harbors and Navigation Code. Reference: Sections
						72.7
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5170 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall be known and may be cited as the Boating
					 and Waterways Recreational Marina Loan Regulations under which the Department
					 of Boating and Waterways may make loans to private marina owners in accordance
					 with the provisions of section
					 76.3
					 of the Harbors and Navigation Code.
1. New
					 article 1.4 (sections
					 5170-5176) and section filed
					 7-2-2001; operative 8-1-2001 (Register 2001, No. 27). For prior history of
					 article 1.4 (sections
					 5170-5178), see Register 86, No.
					 35.
Note: Authority cited: Sections
						63.9(e)
						and
						76.8,
						Harbors and Navigation Code. Reference: Sections
						76.3
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5171 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the definitions found in
					 Harbors and Navigation Code Sections
					 30
					 through
					 40
					 and
					 76
					 through
					 76.8
					 shall apply unless otherwise indicated. The following supplementary definitions
					 shall also govern the construction of this article:
(a) "Collateral." Property, both real and
				  personal, whether tangible or intangible, pledged as security for repayment of
				  a debt, including but not limited to: a mortgage or security interest in real
				  estate, buildings, equipment accounts, contract rights and chattel paper of the
				  borrower or any third party legally bound as a surety with the knowledge that
				  the surety is bound.
(b)
				  "Commission." The Boating and Waterways Commission.
(c) "Contract." The Recreational Marina Loan
				  agreement to implement the disbursement of loan funds.
(d) "Default":
(1) the failure of a borrower to make any
				  payment required by the contract within 30 days of the due date of the
				  payment,
(2) the failure of a
				  borrower to comply with any other requirement of the contract. Such default may
				  be cured by complying with the requirement within 30 days after receipt of
				  written notice from the department specifying such failure,
(3) the provision of false representations or
				  false warranties by the borrower in response to any obligations under the
				  contract,
(4) the failure of a
				  borrower to conduct appropriate proceedings in good faith to contest any levy
				  or proceeding against the collateral or borrower's interest therein;
				  or
(5) the filing of a petition by
				  a borrower under the provisions of the Bankruptcy Code, or the failure of a
				  borrower to conduct appropriate proceedings in good faith to contest a
				  bankruptcy filing by a third party when such action affects the
				  collateral.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5172 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loan
				  Application: An application for any loan under Section
				  76.3
				  of the Harbors and Navigation Code shall be filed with the department and shall
				  include a copy of:
(1) Federal income tax
				  returns for the business and/or owners and partners, as requested by the
				  department, for the three years immediately preceding an application for a
				  loan. Federal income tax returns shall not be released by the department,
				  except with permission of an applicant or borrower, unless ordered, as
				  specified by court order.
(2) All
				  land and water use permits required such as by federal, state and local
				  planning agencies needed to develop the project.
(3) An "as is" or current appraisal of any
				  assets to be used as loan collateral required by the department.
(4) Preliminary construction plans, including
				  a site plan and any normally required engineering.
(5) Preliminary title report for any property
				  used as loan collateral.
(6) A
				  feasibility study containing sufficient information and detail to demonstrate
				  that the project is engineeringly and financially feasible.
(7) Evidence of compliance with the
				  California Environmental Quality Act [Division 13 (commencing with Section
				  21000) of the Public Resources
				  Code].
(8) A list of all costs
				  incurred by the borrower in processing and obtaining loan proceeds.
(9) The proposed method and means of retiring
				  the loan, meeting other financial obligations of the project, and, if the
				  project is to be undertaken with funds in addition to the construction loan
				  applied for, a funding plan indicating the sources of such additional
				  construction funds.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5173 - Application Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The borrower's formal application will be judged as to the following principal
				  considerations:
(1) Engineering feasibility,
				  including a determination as to whether or not the project can be developed
				  within the total amount of funds to be made available.
(2) Financial feasibility, including an
				  analysis of the availability of capital to finance construction to completion,
				  market analysis or market survey to determine the financial feasibility of the
				  project, anticipated berthing and other charges used in estimating revenues,
				  and evaluation of the sufficiency of revenues to cover annual costs on a
				  year-by-year basis, including the amortization of the applied-for
				  loan.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5174 - Priority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When considering applications, the department shall, in
					 addition to priorities set forward in Sections
					 76
					 through
					 77.1
					 of the Harbors and Navigation Code, rank borrowers based upon the following;
					 however, in no case shall the department make a loan to any recreational marina
					 that restricts access or bars the public other than in ways that are lawful and
					 consistent with general commercial business practices:
(a) First priority shall be given to projects
				  based upon issues of the health and safety of boaters using the
				  facilities.
(b) Next, priority will
				  be given for completion of projects that are being phase-funded.
(c) Next, priority shall be given to projects
				  that are receiving significant capital investment funds from borrowers in
				  addition to loan funds.
(d) Next,
				  priority shall be given based upon relative demand for facilities in the market
				  area. Consideration shall be given to:
(1)
				  Population size of the market area.
(2) Similar facilities in the market
				  area.
(3) Boating activity in the
				  market area.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5175 - Loan Terms and Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Loan Terms and conditions, in addition to those specified
					 in Sections
					 76
					 through
					 77.1
					 of the Harbors and Navigation Code, shall also include the following
					 provisions:
(a) The borrower shall
				  establish and capitalize a reserve fund in an amount and under terms and
				  conditions specified by the department.
(1)
				  The reserve fund shall be an interest-bearing account.
(2) In order to withdraw funds from the
				  reserve fund, the signature of the director, or his or her designee, shall be
				  required.
(3) All funds remaining
				  in the reserve fund account shall be returned to the borrower upon full
				  performance of the loan contract. However, unless and until all reserve funds,
				  including accumulated interest, are first committed to improvements at the
				  marina, the borrower may not apply for additional department funding for any
				  project within the marina for a period of five years beginning on the last date
				  any reserve funds are returned to the borrower.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.4 - Recreational Marina Loan Regulations › Section 5176 - Default Remedies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the occurrence of a default, the department:
(a) Has and may exercise all rights and
				  remedies accorded to the department by law, including but not limited to the
				  provisions and remedies contained in the California Uniform Commercial
				  Code;
(b) May declare all
				  unperformed obligations, in whole or in part, of borrower immediately due and
				  payable without demand or notice;
(c) May require borrower to take any and all
				  action necessary to transfer the collateral in an amount equal to the unpaid
				  balance of the loan to the secured party;
(d) May deposit all funds obtained from the
				  sale of collateral, less reasonable costs of recovery or maintenance of
				  property, to the Harbors and Watercraft Revolving Fund.
1. New
					 section filed 7-2-2001; operative 8-1-2001 (Register 2001, No.
					 27).
Note: Authority cited: Sections
						63.9(e)
						and
						76.8,
						Harbors and Navigation Code. Reference: Sections
						76.3,
						77.1
						and
						85.2,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5200 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall be known and may be cited as the Quagga
					 and Zebra Mussel Infestation Prevention Fee Regulations under which the
					 Department of Motor Vehicles may collect and the Department of Parks and
					 Recreation, Division of Boating and Waterways may administer the Quagga and
					 Zebra Mussel Infestation and Prevention Fee, hereafter referred to as "mussel
					 fee," in accordance with the provisions of Section
					 675
					 of the Harbors and Navigation Code. References to "department" shall refer to
					 Department of Parks and Recreation, Division of Boating and
					 Waterways.
1. New
					 article 1.5 (sections
					 5200-5211) and section filed
					 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013, No. 41). A
					 Certificate of Compliance must be transmitted to OAL by 4-8-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 1.5 (sections
					 5200-5211) and section refiled
					 3-25-2014 as an emergency; operative 4-9-2014 (Register 2014, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New article 1.5 (sections
					 5200-5211) and section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order transmitted
					 to OAL 10-6-2014 and filed 11-5-2014; amendments effective 11-5-2014 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5200.5 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall be used in article 1.5 and
					 1.6:
(a) "Dreissenid" are a family of
				  small fresh water mussels specifically the non-native quagga and zebra mussel
				  for the purpose of this article.
(b) "Mussel Fee Exemption" means no fee is
				  due for the Quagga and Zebra Mussel Infestation Prevention Fee.
(c) "Mussel Fee" is the Quagga and Zebra
				  Mussel Infestation Prevention Fee.
(d) "Prevention Plan" is an organized
				  approach to prevent the spread of dreissenid mussels into a defined reservoir
				  and shall include public education, monitoring and inspecting for
				  infestation.
(e) "Quagga Mussel"
				  (Dreissena rostriformis bugensis) is a non-native dreissenid mussel.
(f) "Regional-Scale Dreissenid Mussel
				  Prevention Plan" This plan shall include the impact such as an economic,
				  ecological, recreational and/or other regional impact from a dreissenid mussel
				  infestation in a regional area which involves multiple agencies within that
				  region.
(g) "Reservoir" means a
				  body of water which contains or will contain the water impounded by a dam as
				  defined in Section
				  6004.5 of the
				  Water Code.
(h) "Mussel Fee
				  Sticker" is an indication of a paid mussel fee and is issued by the Department
				  of Motor Vehicles to be displayed on a registered vessel.
(i) "Zebra Mussel" (Dreissena polymorpha) is
				  a non-native dreissenid mussel.
1. New
					 section adopted as part of Certificate of Compliance as to 7-2-2014 order
					 transmitted to OAL 10-6-2014 and filed 11-5-2014; effective 11-5-2014 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
2. Repealer of subsections (a) and (j),
					 subsection relettering and amendment of newly designated subsections (c) and
					 (h) filed 9-3-2020; operative 1-1-2021 (Register 2020, No.
					 36).
Note: Authority cited: Sections
						675
						and
						676,
						Harbors and Navigation Code; and Section
						6004.5, Water
						Code. Reference: Section
						60.8,
						Harbors and Navigation Code; and Sections
						9853.4 and
						9863, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5201 - Mussel Fee Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The mussel fee amount shall be $8 when first paid during an
					 even-numbered calendar year and $16 when first paid during an odd-numbered
					 calendar year. The mussel fee amount shall be $16 thereafter and shall be valid
					 for a period of two calendar years. The mussel fee sticker shall be valid
					 through December 31 of every odd-numbered year.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section, transmitted to OAL 10-6-2014 and filed 11-5-2014;
					 amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
5. Amendment filed 9-3-2020; operative
					 1-1-2021 (Register 2020, No. 36).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5202 - Mussel Fee Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Payment of mussel fees to the Department of Motor Vehicles
					 must be made prior to issuance of a mussel fee sticker. Payment of the mussel
					 fee may be made:
(a) Upon application
				  for a new vessel number;
(b) Upon
				  renewal of any California vessel registration;
(c) Upon requesting issuance of a mussel fee
				  sticker;
(d) Upon registering a
				  newly acquired vessel with an existing vessel number;
(e) When a marine water exemption, as defined
				  in this article, no longer applies; or
(f) When requesting substitute mussel fee
				  strickers.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section and NOTE, transmitted to OAL 10-6-2014 and filed
					 11-5-2014; amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
5. Amendment of section heading and section
					 filed 9-3-2020; operative 1-1-2021 (Register 2020, No.
					 36).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5203 - Late Payment of Mussel Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of NOTE, transmitted to OAL 10-6-2014 and filed 11-5-2014; amendments
					 effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
5. Repealer filed 9-3-2020; operative
					 1-1-2021 (Register 2020, No. 36).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9a,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5204 - Adjustment of Mussel Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There shall be no adjustment or pro-ration of the mussel
					 fee.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of NOTE, transmitted to OAL 10-6-2014 and filed 11-5-2014; amendments
					 effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Section
						61.8,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5205 - Refund of Mussel Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A refund of the paid mussel fee shall be subject to
					 established Department of Motor Vehicle business rules and processing
					 procedures after an application for refund is made to that
					 department.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of NOTE, transmitted to OAL 10-6-2014 and filed 11-5-2014; amendments
					 effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9a,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5206 - Evidence of Payment of Mussel Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon payment of the mussel fee, the
				  Department of Motor Vehicles shall provide the vessel owner with two stickers
				  indicating "Mussel Fee Paid" and the year through which the stickers are
				  valid.
(b) The color of the "Mussel
				  Fee Paid" stickers shall be the same as the color of the vessel registration
				  stickers for the same biennial period.
(c) The stickers shall be placed on the sides
				  of the vessel, next to, and in line with the CF number and vessel registration
				  stickers for purposes of law enforcement identification.
(d) Proper display of the "Mussel Fee Paid"
				  sticker shall be evidence of payment and subject to verification and
				  enforcement by a peace officer.
(1) Marine law
				  enforcement shall utilize a wide variety of enforcement strategies that include
				  education, warning, and citations for violation of this
				  regulation.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5207 - Marine Water Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, marine
				  water (salt water) is defined as California coastal and bay waters, which
				  includes Suisun Bay up to and west of Chipps Island. Marine waters shall not
				  include inland waterways, rivers, lakes, reservoirs, wetlands or the
				  Sacramento-San Joaquin Delta.
(b)
				  Vessels used exclusively in marine waters shall be exempt from payment of the
				  mussel fee.
(c) The DMV shall
				  include in a quarterly report to the department the number of vessels
				  registered and the number of vessels receiving a mussel sticker.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section and NOTE, transmitted to OAL 10-6-2014 and filed
					 11-5-2014; amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
5. Repealer of subsections (c)-(d),
					 subsection relettering and amendment of newly designated subsection (c) filed
					 9-3-2020; operative 1-1-2021 (Register 2020, No.
					 36).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						60.2,
						61.8
						and
						63.9,
						Harbors and Navigation Code; and Sections
						9853,
						9860 and
						9863, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5208 - Substitute Mussel Fee Paid Sticker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that the "Mussel Fee Paid" sticker is either
					 lost or stolen, a $16 fee for a substitute "Mussel Fee Paid" sticker shall be
					 imposed and generated by the Department of Motor Vehicles when the owner of a
					 currently registered vessel requests a substitute sticker.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section and NOTE, transmitted to OAL 10-6-2014 and filed
					 11-5-2014; amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5209 - Payment of Mussel Fee with Marine Water Exemption Status Change. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section and NOTE, transmitted to OAL 10-6-2014 and filed
					 11-5-2014; amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
5. Repealer filed 9-3-2020; operative
					 1-1-2021 (Register 2020, No. 36).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						61.8
						and
						63.9,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5210 - Deposit of Revenues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All revenues from mussel fees collected by the Department
					 of Motor Vehicles pursuant to this article shall be deposited into the Harbors
					 and Watercraft Revolving Fund.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of NOTE, transmitted to OAL 10-6-2014 and filed 11-5-2014; amendments
					 effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						60.2,
						61.8,
						63.9,
						85
						and
						676,
						Harbors and Navigation Code; and Sections
						9853 and
						9863, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5211 - Fee Exempt Vessels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Vessels exempt from payment of the mussel fee imposed under
					 this article shall be limited to the following:
(a) Vessels used exclusively in marine waters
				  as defined by Section
				  5207 (a) of this
				  article.
(b) As defined in Title
				  13, California Code of Regulations, Section
				  190.16 a vessel shall be exempt
				  from payment of a registration fee, irrespective of whether the vessel is
				  operated in fresh or marine waters.
1. New
					 section filed 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013,
					 No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-25-2014 as an emergency; operative
					 4-9-2014 (Register 2014, No. 13). A Certificate of Compliance must be
					 transmitted to OAL by 7-8-2014 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section and NOTE, transmitted to OAL 10-6-2014 and filed
					 11-5-2014; amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						60.2,
						60.8
						and
						63.9,
						Harbors and Navigation Code; and Section
						9853, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.5 - Quagga and Zebra Mussel Infestation Prevention Fee Regulations › Section 5212 - Nonpayment of Mussel Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to pay required mussel fees per the Quagga and
					 Zebra Mussel Infestation Prevention Fee Regulations shall not prohibit the
					 issuance of valid vessel registration by the Department of Motor Vehicles, if
					 all required vessel registration fees are paid.
Vessel operators may be cited for operating a recreational
					 vessel in non-marine waters without a valid mussel fee sticker, unless exempt
					 per Section
					 5211 of this
					 Article.
1. New
					 section filed 9-3-2020; operative 1-1-2021 (Register 2020, No.
					 36).
Note: Authority cited: Section
						675,
						Harbors and Navigation Code. Reference: Sections
						60.2,
						60.8
						and
						63.9,
						Harbors and Navigation Code; and Sections
						9853 and
						9860, Vehicle
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.6 - Quagga and Zebra Mussel Infestation Prevention Grant Regulations › Section 5300 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall be known and may be cited as the Quagga
					 and Zebra Mussel Infestation Prevention Grant Regulations under which the
					 Department of Parks and Recreation, Division of Boating and Waterways may make
					 grants to eligible applicants in accordance with the provisions of Section
					 676
					 of the Harbors and Navigation Code. References to department shall refer to
					 Department of Parks and Recreation, Division of Boating and
					 Waterways.
1. New
					 article 1.6 (sections
					 5300-5307) and section filed
					 10-10-2013 as an emergency; operative 10-10-2013 (Register 2013, No. 41). A
					 Certificate of Compliance must be transmitted to OAL by 4-8-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 1.6 (sections
					 5300-5307) and section refiled
					 3-25-2014 as an emergency; operative 4-9-2014 (Register 2014, No. 13). A
					 Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New article 1.6 (sections
					 5300-5307) and section refiled
					 7-2-2014 as an emergency; operative 7-8-2014 (Register 2014, No. 27). A
					 Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 7-2-2014 order, including
					 amendment of section, transmitted to OAL 10-6-2014 and filed 11-5-2014;
					 amendments effective 11-5-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 45).
Note: Authority cited: Section
						676,
						Harbors and Navigation Code. Reference: Sections
						60.8
						and
						63.9,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.6 - Quagga and Zebra Mussel Infestation Prevention Grant Regulations › Section 5301 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the Quagga and Zebra Mussel Infestation
					 Prevention Grant Program is to provide for reasonable regulatory costs incident
					 to the implementation of a dreissenid mussel infestation prevention plan to
					 entities subject to Section
					 2302 of
					 the Fish and Game Code for the purposes of:
(a) Assessing the vulnerability of a
				  reservoir to the introduction of nonnative dreissenid mussel species.
(b) Developing and implementing a program
				  designed to prevent the introduction of nonnative dreissenid mussel species
				  that includes, at a minimum, all of the following:
(1) Public education.
(2) Monitoring water bodies and/or vessels
				  for quagga or zebra mussel infestation.
(3) Management of those recreational,
				  boating, or fishing activities that are permitted.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 1.6 - Quagga and Zebra Mussel Infestation Prevention Grant Regulations › Section 5302 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for a Quagga and Zebra Mussel Infestation
					 Prevention Grant are eligible if they are subject to Section
					 2302 of
					 the Fish and Game Code, and provided that the following conditions are also
					 satisfied:
(a) The applicant attaches
				  to the application an official copy of a Resolution or Order from the governing
				  board or a Letter of Approval from an executive officer of the local entity
				  authorizing the application for a grant.
(1)
				  In the case of a local government agency within a county, an official copy of
				  the Resolution or Order shall accompany the application for a grant from that
				  local government entity, as well as an official copy of the Resolution or Order
				  from its county board of supervisors, authorizing the local government agency
				  to participate in the program.
(2)
				  In the case of a local government agency without a governing board, a Letter of
				  Approval from an executive officer shall accompany the application for a
				  grant.
(3) The Resolution or Order
				  referred to in subdivision (a)(1) shall authorize the designated
				  representative(s) to sign the application, contract, and any claims for payment
				  or reimbursement. The Letter of Approval referred to in subsection (a)(2) shall
				  authorize the designated representative(s) to sign the application, contract,
				  and any claims for payment or reimbursement.
(4) The department may deny the application
				  if an applicant agency fails to provide the required Resolution(s), Order(s),
				  or Letter of Approval with its grant application.