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While summer is heating up, state legislative sessions are cooling down: Nine states are in session, two are in special session, and fourteen are on recess. In the past month, the recreational boating industry celebrated multiple victories, including a major win in Wisconsin with the establishment of an outdoor recreation office.

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.

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Highly Active

• Wake Surfing Regulations – The growing popularity of wakesurfing has made wake boats 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 – On Saturday, June 29, HB2352, which creates a towed watersports program, passed the Oregon Senate. It now awaits Governor Kate Brown’s signature. The bill creates a $124 biannual boating permit for wake boat operators along a 17 mile stretch of the Willamette River. Operators will also have to take a 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 was part of a coalition of groups and businesses opposing the bill and have asked the governor to veto the bill.
  • Minnesota – The Chanhassen City Council has received multiple requests from local citizens to consider various wake surfing regulations on Lotus Lake, including limiting distance from shore and restricting ballasted boats. At the June 24 council work session and meeting, individuals in favor of restrictions presented, while boaters, NMMA and WSIA attended and responded by asking the council to pursue education opportunities for users. In a letter received on June 28, the city announced they will not pursue any regulations on any lakes within Chanhassen but will pursue education opportunities through signage and handouts.
  • Idaho – Although the Kootenai County Commission did not adopt a ban on wakesurfing as requested by a small group of vocal opponents, Commission Chair Chris Fillios did announce his intent to push for tighter regulations of wakesurfing along the Spokane River that may include new no-wake zones, an increase in the number of on-water police officers, and new education initiatives.

• 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 – Two bills that would establish a precedent-setting standard for reducing the quantity of plastic in the waste stream have passed their houses of origin and are awaiting further action when the legislature resumes its session on August 12. SB54 and AB1080, the California Circular Economy and Plastic Pollution Reduction Act, would require major reductions at the origin of the packaging, meaning that manufacturers, shippers and others will have to reduce the quantity of the packaging they use by 75 percent, as well as ensure that targeted plastics and other material is made of at least 75 percent recycled products. The bill directs state agencies to write regulations to resolve the bill’s ambiguities about the type of plastic, how the quantity of recycled material will be measured, and penalties for non-compliance. Further amendments are expected.

• 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.
  • Georgia – House Bill 201 creates a permit and fee for vessels wishing to anchor overnight, even if it is for one night. It also requires 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. A stakeholder meeting will be held by the Georgia DNR in Brunswick on July 31.

• 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.
  • North Carolina – On May 7, the Senate passed the Marine Fisheries Reforms bill S554, legislation attempting 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 July 10, 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

• 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, failed to make it through the Senate before it recessed. Fishing and boating interests have tried for more than six years to enact the 12-month system primarily to help the Fish and Game Commission increase license sales and revenue. The agency has not supported the change because it is concerned it may cause a short-term reduction in revenue even though several states that have adopted it have experienced either flat or increased sales soon after it was enacted.

• Prop Guards – The use of prop guards can cause significant reductions in maneuverability, speed and stability.
  • New York - A bill requiring prop guards on any boat used to instruct children under 18 years old was effectively passed by the Senate, and the Assembly version is awaiting further action, which could happen if the legislature reconvenes prior to the end of the year. Parliamentary procedures will cause the Senate bill to be kicked back to the Parks Committee if it is not passed by December 31. Both bills remain alive until the two-year session ends on Dec. 31, 2020.

• 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.
  • 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 has been referred to Senate committees for review. 
  • Wisconsin – Governor Tony Evers signed the state budget bill in early July, which created the Office of Outdoor Recreation within the Wisconsin Department of Tourism. The office will create three new positions and tourism received an additional $1.5 million for marketing efforts to expand outside of the Midwest.

• 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.

• Mandatory Life Jackets
  • New York - A “bill memo” prepared by New York Assemblyman Thiele outlines an as-yet-unwritten bill to require everyone aboard boats less than 21 feet to wear life jackets. According to the memo, 11 of the 22 boating fatalities in New York State in 2017 involved small pleasure vessels with victims not wearing PFDs. New Yorkers currently must wear life jackets when boating between November and May. NMMA is closely monitoring this possible legislation.

Monitoring

• Wake Surfing
  • Wisconsin, Michigan – 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.
  • Washington State – Spokane County Commissioners recently announced their intent to ban wakeboarding on several of the 50 lakes within the county, however they have since considered a study on wakeboarding throughout the county. They will revisit any further reactionary ban or ordinance next year. NMMA and WSIA will continue to monitor this issue throughout the next year.

• Aquatic Invasive Species (AIS)
  • Minnesota – As of July 1, the Minnesota aquatic invasive species surcharge on three-year watercraft registration increased from $5.00 to $10.60. This is the first increase in the fee since 1993 and the fee will provide an increase of $880,000 for DNR’s invasive species programs for fiscal years 2020 and 2021.

• Boater Education
  • California – The next step in the state’s incremental adoption of mandatory boating safety courses will occur January 1, 2020, when all boat operators younger than 35 must have passed the state-approved safety course. The mandate will include all boat operators under age 40 in 2021, and by January 1, 2025, will require every operator to have passed the course.

• 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.
  • 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.

Associations, Boards and Meetings

• Michigan Legislative Fly-In – NMMA will continue to raise its state political advocacy to a new level on September 11, 2019 with the inaugural Michigan advocacy fly-in. To be held in state’s capitol in Lansing, the event will focus on bringing the industry’s priorities to decisionmakers, including the recently established outdoor recreation office, aquatic invasive species, and workforce development. To see the draft agenda and register, please click here.

• National Association of State Boating Administrators (NASBLA) Annual Conference - NMMA will lead a panel discussion on the impact of boating clubs and fractional ownership on the boating industry, boat operators, and law enforcement during the meeting, which will be held September 30–October 2.

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].