General Powers of the Boating and Waterways Department

Division 1, Chapter 2, Article 2 of the California Harbors and Navigation Code deals with the Department of Boating and Waterways and its general powers. Section 60 requires the Resources Agency to 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.

Section 60.2 authorizes the Department to 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.

Section 60.4 allows the department to 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.

Section 60.6 authorizes the department to 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 undertakes.

Section 60.8 allows the department to do any act or enter into any contract or agreement desirable in carrying out the purposes of this division.

Section 61 allows the department to take any action as may be necessary to take advantage of any act of Congress enacted which may be of assistance in carrying out the purposes of this division.

Section 61.2 authorizes the department to receive and accept for the state any gift, devise, grant or other conveyance of title to or any interest in real property. It may also receive and accept personal property for specified purposes.

Section 61.4 allows the department director, with approval of the Director of Finance, to accept on behalf of the department federal grants for the purposes for which the department is established. These grants must be deposited in the Special Deposit Fund in the State Treasury and may be expended under such terms and conditions as may be required by the federal government.

Section 61.6 permits the department to 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.

Section 61.8 requires the department to 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.

Section 62 allows the department, with the approval of the Department of General Services, to transfer, sell or otherwise dispose of personal property under its jurisdiction, and may contract with other public agencies for its custody.

Section 62.4 provides that, 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 the refund must be made upon the filing of a claim by the director with the State Controller.

Section 62.6 allows the department, with the approval of the Department of General Services, to 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.

Section 62.8 provides that the department may issue publications, construct and maintain exhibits, and perform acts and carry on functions as in the opinion of the director will best tend to disseminate that information.

Section 62.9 requires the department, upon request, to make available to persons owning or operating small craft harbors, information as is available to the commission concerning three specified matters.

Section 63.2 allows the department to 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.

Section 63.4 authorizes the director to recommend to the Legislature any 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.

Section 63.9 allows the department to do any five specified actions. Section 64 contains legislative findings and declarations regarding 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.

In addition, 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.

Section 64.2 requires the division to collaborate with the California Conservation Corps and use members of the corps in implementing its invasive aquatic plants control programs in the delta, its tributaries, and the marsh.

Section 64.5 specifies that the division is designated as the lead agency of the state for the purpose of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh.

The division is required to regularly consult with the United States Department of Agriculture, the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the University of California, and other members of the scientific and research communities, as well as other state agencies with authority over the control of invasive aquatic plants to determine which species of those plants should be given the highest priority for management and determine the best control and, when feasible, eradication measures.

Section 64.7 provides that each marina that is developed or improved with funds loaned by the department must 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. The term “marina” is defined and requires three specified criteria to be met.