SECTIONS 50-50.8 - California Statutes

HARBORS AND NAVIGATION CODE

SECTION 50-50.8

50. The Department of Harbors and Watercraft and its successor, the
Department of Navigation and Ocean Development, are continued in
existence in the Resources Agency as the Department of Boating and
Waterways. The Department of Boating and Waterways is the successor
to, and is vested with, the powers, functions, and jurisdiction of
the following state departments and agencies as hereinafter
specified:
(a) All of the powers, functions, and jurisdiction previously
vested in the Division of Small Craft Harbors of the Department of
Parks and Recreation.
(b) All of the powers, functions, and jurisdiction of the State
Lands Commission with respect to the acquisition, construction,
development, improvement, maintenance, and operation of small craft
harbors.
(c) All of the powers, functions, and jurisdiction of the
Department of Parks and Recreation with respect to boating facility
planning, design, and construction, except as specifically provided
with respect to boating trails in the California Recreational Trails
Act (commencing with Section 5070 of the Public Resources Code) and
in Article 2.6 (commencing with Section 68) of this chapter.
(d) All of the powers, functions, and jurisdiction of the Office
of Architecture and Construction in the Department of General
Services with respect to boating facility planning and design.
(e) All of the powers, functions, and jurisdiction of the
Department of Water Resources with respect to beach erosion control.
(f) All of the policymaking and regulatory powers, functions, and
jurisdiction of the Harbors and Watercraft Commission as to matters
within the jurisdiction of the department.

50.1. Whenever the term "Division of Small Craft Harbors" or the
term "Small Craft Harbors Commission" is used in any provision of
law, it shall be construed as referring to the Department of Boating
and Waterways.
Whenever, by any statute now in force or that may be hereafter
enacted, any power, function, or jurisdiction, as specified in
Section 50, is imposed or conferred upon the State Lands Commission,
the Department of Parks and Recreation, the Office of Architecture
and Construction in the Department of General Services, or the
Department of Water Resources, such power, function, or jurisdiction
shall be deemed to be imposed or conferred upon the Department of
Boating and Waterways.
Nothing in this section or in this code shall divest the State
Lands Commission of jurisdiction with respect to the leasing of state
lands, including state lands used for small craft harbors, swamps
and overflowed lands, or tide and submerged lands, for the extraction
and removal of oil and gas and other minerals.

50.2. The department shall be administered by an executive officer
known as the Director of Boating and Waterways. The 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 director appointed by the Governor shall
be subject to confirmation by the Senate.

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.

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.

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.