Abandoned Commercial Vessel Removal Plan SacramentoSan Joaquin River

Abandoned Commercial Vessel Removal Plan, Sacramento-San Joaquin River Delta Region Agenda Item 100 Kenneth Foster, Land Management Division June 28, 2019 California State Lands Commission

Background Abandoned commercial vessels in the Sacramento-San Joaquin Delta are: • Navigation, environmental, and public health & safety hazards • Costly to process, remove, and dispose • Not subject to a unifying program or jurisdiction for removal and disposal purposes California State Lands Commission 2

Examples of the Problem California State Lands Commission 3

Assembly Bill 2441 (Frazier), Chapter 540, Statutes of 2018 Public Resources Code§ 6302. 2 directs the Commission to: 1. Develop a plan by July 1, 2019 • To remove abandoned commercial vessels from the Sacramento-San Joaquin Delta • In consultation with other state and local agencies 2. Prioritize vessel removal based on risk • To the Delta environment • To public health and safety 3. Implement the plan upon funding California State Lands Commission 4

Five County Delta Region California State Lands Commission 5

Plan Scope The Plan proposes to accomplish four objectives: • Develop a systematic approach to identify and prioritize abandoned commercial vessels for removal • Develop necessary infrastructure, processes, and procedures in coordination with agency partners • Develop a cost basis for program budgeting & funding • Provide recommendations for future actions California State Lands Commission 6

Abandoned Vessel Programs • Statewide program to abate abandoned recreational vessels: • Administered by Department of Parks and Recreation, Division of Boating and Waterways (DBW) • Surrendered and Abandoned Vessel Exchange (SAVE) • Abandoned Watercraft Abatement Fund (AWAF) • Vessel Turn-In Program (VTIP) The SAVE program does not include commercial vessels. • Commission’s Abandoned Vessel Program • Plan would become part of this Program California State Lands Commission 7

Commercial Vessel Definition • A vessel of 30 feet or more in length, and • That was manufactured for other than recreational purposes or that was used for all or some portion of its functional life for other than recreational purposes. Generally, vessels eligible for abatement under the DBW SAVE program would not be covered by this program; however staff would strive to work with DBW to minimize gaps and overlap. California State Lands Commission 8

Vessel Identification and Distribution A 2017 aerial survey by California Department of Fish and Wildlife’s Office of Spill Prevention and Response identified 55 abandoned vessels that may fall under this program once implemented, listed here by County: Contra Costa 14 Sacramento 7 San Joaquin 12 Solano 19 Yolo 3 California State Lands Commission 9

Plan Structure Essential Components • • Staffing Ground Truthing Survey Risk-Based Priority Matrix Database and User Interface Partner Agency Coordination Program Administrative Process Cost Analysis and Budgeting California State Lands Commission 10

Plan Components Staffing • Increased workload for existing staff • Additional staffing required California State Lands Commission 11

Plan Components Ground Truthing Survey • • Verify known inventory Evaluate vessels for list priority Identify additional vessels Develop a fiscally responsible, risk-based systematic approach California State Lands Commission 12

Plan Components Risk-Based Priority Matrix Priority 1 – Emergency – Immediate or High Risk Priority 2 – Non-Emergency – Moderate Risk Priority 3 – Non-Emergency – Low Risk Priority 4 – Non-Emergency – No Immediate Risk California State Lands Commission 13

Plan Components Risk-Based Priority Matrix – Evaluation Criteria Each includes a description of the criteria used to gauge a vessel’s potential for environmental and public health and safety risk : • Seaworthiness state – floating, listing, sunk • Mooring condition – moored, anchored, grounded, adrift • Hazard state – Presence of hazardous substances, risk of release; proximity to navigation channels • Public accessibility state – ease for public to access the vessel California State Lands Commission 14

Plan Components Priority Matrix – Additional Evaluation Criteria Additional factors may be needed to differentiate a vessel’s relative risk to the environment or public health and safety and removal priority such as: • Vessel size • Agency jurisdiction • Habitat restoration required • Proximity to populated areas/disadvantaged communities • Prior complaint history • Multiple vessel groups • Other agency support • Blocking public access Land ownership • Site conditions/weather • California State Lands Commission 15

Plan Components Risk-Based Priority Matrix Priority 1 – Emergency – Immediate or High Risk “Gretchen E”, Crockett Marina California State Lands Commission 16

Plan Components Risk-Based Priority Matrix Priority 2 – Non-Emergency – Moderate Risk California State Lands Commission 17

Plan Components Risk-Based Priority Matrix Priority 3 – Non-Emergency – Low Risk Priority 4 – Non-Emergency – No Immediate Risk California State Lands Commission 18

Plan Components Database • Create and maintain a vessel database to include: • Vessel vital statistics • GIS layer with locations and jurisdictional mapping • Public facing database for partner agency and public use California State Lands Commission 19

Administrative Process Vessel Removal, Disposal, Cost Recovery • Administrative Process carried out under Harbors and Navigation Code sections 550 and 551, and Public Resources Code sections 6302. 1, 6302. 3, and 6302. 4: • Marine debris versus trespassing vessel • Owner identification • Noticing • Cost recovery California State Lands Commission 20

Program Cost & Budgeting Start-Up Costs • • Ground truthing survey CEQA analysis Database creation Staffing California State Lands Commission 21

Program Cost & Budgeting Annual Costs • • • Staffing Database maintenance Contracting Periodic field work Vessel removal costs California State Lands Commission 22

Funding • No specific funding mechanism currently identified. Plan would be implemented upon funding. • Funding could take the form of: • Legislative direction • The State’s normal budget process California State Lands Commission 23

Future Program Recommendations • Expand to a state-wide program • Implement ownership requirements • Insurance coverage • Inspections • Work with elected officials to effect change on a state and national level. California State Lands Commission 24

Staff Recommendations 1. Approve the “Abandoned Commercial Vessel Removal Plan, Sacramento-San Joaquin River Delta Region” 2. Authorize staff to make non-substantive modifications to the Plan to correct typographical errors or clarify the information presented prior to submission to the Legislature. 3. Direct staff to submit the Plan, substantially in the form attached to the Staff Report as Exhibit A, to the Legislature on or before July 1, 2019. California State Lands Commission 25

Questions California State Lands Commission 26

www. slc. ca. gov THANK YOU! Ken Foster Land Management Division Kenneth. Foster@slc. ca. gov 916. 574. 1900 @CAState. Lands California State Lands Commission