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Boating season is ramping up and NMMA’s state advocacy efforts are continuing to fire on all cylinders. To date, 14 states remain in legislative session, one is in a special session, and 12 are out on recess.

The recreational boating industry recently celebrated a major win in Oregon with the passage of SB47, which creates an access permit for non-motorized boaters and feeds funding for non-motorized infrastructure, grants and education.

Ranging from highly active to monitoring, on any day NMMA’s state advocacy team is engaging on multiple issues across all 50 states. Below is a comprehensive accounting of the association’s state advocacy efforts in the past month. As part of NMMA’s strategic plan, the association is bolstering its advocacy efforts at the state level, and this monthly recap serves a one-stop summary of the results from the expanded focus.

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Highly Active

• Wake Surfing Regulations – The growing popularity of wakesurfing has caused wake boats to be one of the top selling categories in the industry, but its popularity has also drawn controversy as the number of boats on the water have increased.
  • Oregon – Boaters, dealers and manufacturers are united in their opposition to a HB2352, which would require anyone doing any type of towing within a 17-mile-long section of the Willamette River to purchase a $95 biannual boat permit and take towing safety education course every two years. After two infractions such as failure to have a spotter, the skipper would be banned from operating any boat anywhere in the state for a year, and the boat cannot be used for towing. NMMA has submitted testimony to the Ways and Means Committee opposing this bill.
  • Washington State – Spokane County Commissioners recently announced their intent to ban wakeboarding on several of the 50 lakes within the county. NMMA and WSIA are working to prevent an ordinance from be proposed and use educational programs to let skippers know they should be 200 feet offshore, avoid repeated passes in one area and to keep music at reasonable volumes.

• Plastic Packaging Reduction – Requirements to reduce single-use packaging are on the rise across the United States. These types of programs can be aggressive and disruptive to the boating industry.
  • California - NMMA supports the intent of SB54 and AB1080, the California Circular Economy and Plastic Pollution Reduction Act, however the initial wording was very vague. NMMA and other coalition partners are negotiating with legislators to better define which products will be affected and how quickly. The Senate bill now requires a 75 percent reduction in ten years in the quantity of the 10 most frequently found single-use plastics and packaging on the state’s beaches. Further amendments are expected.

• Vessel Titling – Securing strong boat titling legislation that protects consumers and small businesses from fraud progressed in key states.
  • Alabama – The Uniform Certificate of Title Act (SB152/HB303) failed to receive time on the floor in either chamber of the legislature, missing their crossover days and ultimately failing. This year, an abnormal amount of controversial legislation came through the Alabama General Assembly and unfortunately consumed many critical legislative days, causing a traffic jam of bills attempting to receive floor time once those heavily debating bills were finished. Alabama remains as one of the last states in the southeast U.S. that does not have a vessel titling system.

• Boating Access and Infrastructure – Boating access can take many forms, from building and maintaining boat ramps to instituting laws that apply reasonable restrictions where needed. This may include efforts to prevent the spread of aquatic invasive species (AIS) to directing adequate funds for infrastructure, channel markers, and dredging.
  • Oregon – Last week, the Oregon Senate and House passed SB47, which would create an access permit for non-motorized vessels. This access permit envelopes the former aquatic invasive species permit and broadens its use by creating a waterway access fund. The fund will go towards non-motorized access projects and educational programs. This bill, which was strongly supported by NMMA, is now awaiting Governor Kate Brown’s signature.
  • Georgia –House Bill 201 passed the legislature in May, authorizing the Department of Natural Resources to amend title 52 of the Georgia Code related to waters of the state, ports, and watercraft – promulgating rules and regulation regarding anchoring in estuarine areas of the state. The draft amendments create a permit and fee for vessels wishing to anchor overnight, even if it is for one night. The draft amendments also require persons operating live-aboard vessels with marine toilets, as well as persons who operate pump out facilities, to keep a log indicating the name, location and dates of the pump out facilities used. On June 17, Lee Gatts attended and strongly opposed this concept at a Public Hearing regarding the proposed amendments to the rules of Georgia Department of Natural Resources. There is no other state that charges boaters by the day to anchor in its waters. NMMA does not believe this permit scheme will be enforceable given the severe shortage of on-water patrols and other resources.

• Fishing – Fishing legislation and regulations are highly impactful to the boating industry. NMMA monitors fishing bills to make sure that they do not negatively affecting recreational boating.
  • California – Assembly Bill 1387, which would establish a 12-month fishing license in California, passed the California Assembly and has been assigned to the Senate Committee on Natural Resources and Water. While the bill currently requires anglers to pay 130 percent of the current cost for a license that is good for 12 months, NMMA and other 20 other associations are working to have that unworkable mandate stripped from the bill.
  • North Carolina – On May 7, the Senate passed the Marine Fisheries Reforms bill S554, legislation attempts to shift policymaking authority for coastal fisheries resources management from the Marine Fisheries Commission to the Marine Fisheries Division of the Department of Environmental Quality. NMMA opposes this shift in authority. This is diametrically inconsistent with the way that wildlife resources have historically been managed in the state of North Carolina. As of June 18, this bill has not advanced in the house and has not received any time on the house floor in the North Carolina legislature.

Moderately Active

• Taxes – Tax caps or sales tax eliminations have been a common theme during this legislative session. Tax cap programs are prevalent throughout the east coast, causing states to constantly tweak their tax laws to try and keep their boating industries competitive.
  • Connecticut – The 2.99 percent tax rate that went into effect last year was upheld and the boating industry will not have any new taxes levied on them this year. In addition, the Connecticut Marine Trades Association will continue to work with the state on training, education and workforce plans.
  • Massachusetts –Senate Bill 1734 would repeal sales tax on boats built or rebuilt within the state of Massachusetts, which currently has the highest sales tax rate in New England. This bill has not seen any action at this time but is still an active bill.
  • Texas – Governor Greg Abbott recently signed into law that put an $18,750 cap on boat purchases. A coalition supported by marine dealers, manufacturers and associations including NMMA had spent the past several years attempting to pass the tax break. A similar cap is in place in numerous states, including Missouri, New York, New Jersey, Connecticut, Maryland, Georgia and Florida.

• Outdoor Recreation – Outdoor recreation offices play a critical role in increasing outdoor recreation participation by working with local communities to improve infrastructure, coordinating recreation efforts statewide, and promoting the benefits of engaging in outdoor recreation among the citizens of their state.
  • Nevada – Nevada is the 13th state to create an Office of Outdoor Recreation. In early June, Governor Sisolak signed AB486, establishing the Division of Outdoor Recreation within the Department of Conservation and Natural Resources. The division will be responsible for coordinating across state departments of tourism, wildlife and economic development while advocating and coordinating Nevada’s outdoor recreation policy, management and promotion with federal and local entities.
  • Minnesota – House Bill 2220, establishing an Outdoor Recreation Office in Minnesota, was initially included in the Environment and Natural Resources Omnibus bill but did get cut from the final conference package. A donation account was created for outdoor recreation within the department of tourism, but the office was not established.
  • California –This year California is doubling down on its efforts to create an Office of Outdoor Recreation. AB1111, which creates the office, passed through the Assembly in late May and is expected to be heard in the Senate in the coming weeks.
  • Wisconsin – Governor Tony Evers has stated creating a Wisconsin Office of Outdoor Recreation under the Wisconsin Department of Tourism is a priority for his administration. In late May, the Joint Finance Committee passed the Tourism budget which included 2 year funding for an outdoor recreation office with 3 employees. The budget is expected to head to the floor this month.

• Engine cutoff switches
  • Texas – Governor Abbott signed into law SB210, a requirement that boat operators must use automatic cutoff switches, if they were installed by the engine manufacturer.

• Workforce Funding
  • Massachusetts – Senate Amendment 290, which amends the Senate Budget Bill SB3, includes a renewal for workforce funding to the Massachusetts Marine Trades Association. NMMA submitted testimony supporting this amendment and the work that the MTA continues to do.

Monitoring

• Wake Surfing
  • Wisconsin, Minnesota – Homeowner’s associations and local governments have attempted in the past two years to restrict or ban wake surfing in a few lakes. Given the general sense of concern about the use of wake boats, these states merit close attention.

• Aquatic Invasive Species (AIS)
  • Wisconsin, Minnesota – In Wright County, Minnesota, the Department of Natural Resources did not approve the county’s plans to expand their pilot program and halted the program. Wright County will return to conducting random inspections at boat ramps this summer.

• Taxes
  • California – Assembly Bill 147 would increase the existing Amazon law for online sales in the state of California. This bill comes in the aftermath of the Wayfair v. South Dakota ruling last summer. Every state now has the right to review and update their existing online sales tax law.

• Copper-based Antifouling Paint
  • Washington – The state Department of Ecology is completing an in-depth report on copper’s impact on the state’s unique aquatic environment. This document will be used to develop policies for consideration by the state legislature in 2020.
  • California – In recent public meetings, state regulators discussed its intent to continue to allow copper-based paints with low leech rates (dissolved Cu criterion of 3.1µg/L). This standard, which allows boaters to continue to use copper paints, resulted in about half of all copper products being withdrawn from the market. Regulators hope that over a period of 12 years after adoption of the lower leech rate requirements that dissolved copper levels will drop by 60 percent.

Associations, Boards, and Meetings

• Western Governors Association – Libby Yranski participated in an aquatic invasive species (AIS) panel at the Western Governors’ Association’s annual meeting in Colorado on June 10th. Combatting and prevent the spread of AIS is a top recreational boating industry advocacy priority at every level of government. During the panel discussion, Yranski spoke alongside Elizabeth Brown, Colorado’s Invasive Species Coordinator regarding the impact of AIS on the boating community, as well as the continued partnership that state agencies, NMMA members, and the American Boat and Yacht Council (ABYC) have maintained since the ABYC AIS Summit in 2015.
• Great Lakes St. Lawrence Governors & Premiers Leadership Summit – NMMA staff including David Dickerson and Sara Anghel joined cities, corporate and association sponsors and top executives from Canada and all states bordering the Great Lakes for discussions of how to protect the lakes from pollution and invasive species while also forging economic partnerships and opportunities that encourage use of these vast resources.
• NCSL Executive Committee – David Dickerson participated in the National Conference of State Legislator’s Executive Committee meetings in Madison, WI. NCSL is the premier association for state legislators and staff, providing education, legislative services and a forum for development of model laws. NMMA recently joined NCSL as part of its pro-active plans to expand its presence among state governments.
• Great Lakes and St Lawrence Cities Initiative – Jill Sims participated in the annual Great Lakes and Cities Initiative Conference in early June in Sheboygan, Wisconsin. The conference focused on Living Blue: Transforming Waterfronts and the pillars of the conference were social and community engagement, economic growth and sustainable strength in waterfront communities.

If you have questions or would like additional information, please contact NMMA vice president of state government relations, David Dickerson at [email protected], NMMA director of state government relations, Libby Yranski at [email protected], NMMA policy and engagement manager for the Great Lakes region, Jill Sims at [email protected], or NMMA policy and engagement manager for the southeast, Lee Gatts at [email protected].