E Newsletter

From the Helm

To all our valued members,

We are gearing up for our first Educational Conference in two years. It will be held at the Hilton La Jolla Torrey Pines in San Diego. Your board of directors recently went through conference details and I got excited about the quality of the general sessions and breakout sessions.

This year’s pre conference events in the works are a possible behind the scenes tour of Scripps Institute, play the South Course at Torrey Pines or attend our new Basic Marina Operations seminar that will focus on Electrical Shock Hazards and Fire Maintenance.

Ken Seipel, CEO of West Marine will provide his perspective on our industry as one of our keynote speakers and as in past years, we will have Legislative updates Nationally and for California along with an economic forecast update. We are also working on getting Robert Newsome from NMMA to provide us his opinion of the state of our industry. Robert is always informative and entertaining. 

The afternoons are filled with quality breakout sessions ranging from climate change, future trends in boat design focusing on whether your marina is prepared to accommodate the boat of the future. Boat Rental Best Practices, TMDL, customer service, insurance, ADA web accessibility and more.

Each evening will provide opportunities to enjoy each other’s company and spend additional time with the vendors that support our industry. Beverages will be provided.

Look for more information to follow and take advantage of the discount for early sign up which will end June 30^th. 

Put October 11 through 13 on your calendar to be at the Hilton La Jolla Torrey Pines as I have. I look forward to seeing you there. 

Sincerely, 
Scott Robertson
President

Save The Date For The 49th Annual MRA Educational Conference And Trade Show _________________________________

MRA Bill Report
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AB 332 -

(Committee on Environmental Safety and Toxic Materials) Hazardous waste: treated wood waste: management standards.

* Introduced: 1/27/2021
* Last Amend: 3/26/2021
* Status: 4/15/2021-Read second time. Ordered to Consent Calendar.
* Location: 4/14/2021-A. CONSENT CALENDAR
* Summary: Would require a person managing treated wood waste to comply with the hazardous waste control laws or the management standards established in the bill, including standards for the reuse, storage, treatment, transportation, tracking, identification, and disposal of treated wood waste, as provided. The bill would limit those standards to treated wood waste that is hazardous only because of a preservative present in or on the wood, and that is not subject to the existing exemption for certain wood waste or to regulation as a hazardous waste under federal law.

Signed onto Support Coalition Letter on March 29.

AB 335 -

(Boerner Horvath D) California Consumer Privacy Act of 2018: vessel information.

* Introduced: 1/27/2021
* Last Amend: 3/26/2021
* Status: Removed from Assembly Consent. Assembly 3^rd reading.
* Location: 4/8/2021-Assembly Floor
* Summary: The California Consumer Privacy Act of 2018 grants a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to direct a business not to sell, as defined, personal information about the consumer to third parties, as defined. This right is known as the right to opt out. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would exempt from the right to opt out vessel information or ownership information retained or shared between a vessel dealer and the vessel’s manufacturer, if the information is shared for the purpose of effectuating or in anticipation of effectuating a vessel repair covered by a vessel warranty or a recall, as specified.

Submitted support letter March 15.

4/29 Assembly Floor Leader Reyes removed AB 335 from consent. The bill received recent opposition from the ACLU. Draft Floor Alert to MRA on 4/29.

AB 564 -

(Gonzalez, Lorena D) Biodiversity Protection and Restoration Act.

* Introduced: 2/11/2021
*Status: 4/14/2021-In committee: Set, first hearing. Hearing canceled at the request of author.
* Location: 2/18/2021-A. A. & A.R.
* Summary: Would establish the Biodiversity Protection and Restoration Act and would provide that it is the policy of the state that all state agencies, boards, and commissions shall utilize their authorities in furtherance of the biodiversity conservation purposes and goals of certain executive orders. The bill would require all state agencies, boards, and commissions to consider and prioritize the protection of biodiversity in carrying out their statutory mandates. The bill would require strategies related to the goal of the state to conserve at least 30% of California’s land and coastal waters by 2030 to be made available to the public and provided to certain legislative committees by no later than June 30, 2022.

AB 591 -

(Villapudua D) Vessels: arrests.

* Introduced: 2/11/2021
* Status: 4/15/2021-Read second time. Ordered to Consent Calendar.
* Location: 4/14/2021-A. CONSENT CALENDAR
* Summary: Current law generally requires every undocumented vessel, as defined, using the waters or on the waters of the state to be currently numbered. The owner of each vessel requiring numbering by the state is required to, among other things, paint on or attach to each side of the forward half of the vessel the identification number, as specified. This bill would additionally require an arresting officer to permit a person arrested for various offenses, including, among others, the failure to paint on or attach to each side of the forward half of the vessel the identification number, as specified, to execute a notice, prepared by the officer in triplicate, containing a promise to correct the violation and to deliver proof of correction to the issuing agency, unless the officer finds that a disqualifying condition exists.

Letter of support drafted April 27.

AB 817 -

(Wood D) Sport fishing licenses: electronic display: 12-consecutive-month licenses.

* Introduced: 2/16/2021
* Status: 4/12/2021-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 8). Re-referred to Com. on APPR.
* Location: 4/8/2021-A. APPR
* Summary: Would require the Department of Fish and Wildlife, on or before January 1, 2023, to provide an option to display a sport fishing license, validation, report card, or other sport fishing entitlement issued pursuant to the Fish and Game Code or regulations adopted pursuant to this code electronically on a mobile device, except as provided. The bill would provide that a person who displays a sport fishing entitlement electronically on a mobile device in accordance with this provision shall be deemed to be in compliance with any requirement to possess or affix the entitlement.

Watch.

AB 1066 -

(Bloom D) Freshwater recreation sites: water quality monitoring.

* Introduced: 2/18/2021
* Last Amend: 4/14/2021
* Status: 4/15/2021-Re-referred to Com. on E.S. & T.M.
* Location: 3/4/2021-A. E.S. & T.M.
* Summary: Current law requires the State Department of Public Health, by regulation and in consultation with the State Water Resources Control Board, local health officers, and the public, to establish, maintain, and amend, as necessary, minimum standards for the sanitation of public beaches. This bill would require, on or before December 31, 2022, the California Water Quality Monitoring Council, in consultation with the department, local health officers, and the public, to propose to the board a definition of a monitored freshwater recreation site. The bill would require the board to adopt, by regulation or resolution, a definition of a monitored freshwater recreation site informed by the definition proposed by the council. The bill would require the board, upon adoption of the definition, to identify and post on an appropriate publicly accessible internet website all monitored freshwater recreation sites in the state and require the owner or operator of a monitored freshwater recreation site to monitor the site, as prescribed, to provide certain public notifications online and through signage onsite, and to submit all monitoring data and report monitoring samples to the board.

Watch.

SB 54 -

(Allen D) Plastic Pollution Producer Responsibility Act.

* Introduced: 12/7/2020
* Last Amend: 2/25/2021
* Status: 4/8/2021-Set for hearing April 26.
* Location: 3/11/2021-S. E.Q.
* Summary: Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.

Watch.

SB 273 -

(Hertzberg D) Water quality: municipal wastewater agencies.

* Introduced: 1/29/2021
* Status: 4/20/2021-Read second time. Ordered to consent calendar.
* Location: 4/19/2021-S. CONSENT CALENDAR
* Summary: Would authorize a municipal wastewater agency, as defined, to enter into agreements with entities responsible for stormwater management for the purpose of managing stormwater and dry weather runoff, to acquire, construct, expand, operate, maintain, and provide facilities for specified purposes relating to managing stormwater and dry weather runoff, and to levy taxes, fees, and charges consistent with the municipal wastewater agency’s existing authority in order to fund projects undertaken pursuant to the bill. The bill would require the exercise of any new authority granted under the bill to comply with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. To the extent this requirement would impose new duties on local agency formation commissions, the bill would impose a state-mandated local program.

Letter of support drafted April 27.

SB 470 -

(Jones R) Fishing and hunting: annual combined hunting and fishing licenses.

* Introduced: 2/17/2021
* Last Amend: 4/20/2021
* Status: 4/20/2021-Read second time and amended. Re-referred to Com. on APPR.
* Location: 4/15/2021-S. APPR.
* Summary: Would create the annual combined hunting and fishing license that would grant the holder of the license the same privileges as the annual hunting and fishing licenses and that would be valid for a term of one year from the date of purchase of the license. The bill would require the Department of Fish and Wildlife to issue these licenses beginning January 1, 2024. The bill would require the department to submit a report to the Legislature on or before July 1, 2023, that among others things, estimates the initial license fee necessary to fully recover the cost of developing, implementing, and administering the license and associated enforcement activities. The bill would require the Fish and Game Commission to determine the amount of the initial license fee based upon information in that report.

For the Marina Bulletin Board
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Trade Member Highlight
_________________________________

Scribble Software NEW features and enhancements available in MARINAGO Office Version 2.25!

Scribble Software is pleased to announce new features and enhancements available in MARINAGO Office Version 2.25. These features have already been deployed to our next-generation cloud-based marina management solution and include visual map enhancements, new rental space groupings, and more!

Scribble Software has a strong history of providing businesses like yours with the tools it needs to do the job better and faster than ever before. MARINAGO Office is designed to meet you where you are and take you to the next level in management and service.

MARINAGO Office Version 2.25 Release Notes
Reservation Enhancements 
• Preferred transient space grouping has been added to MARINAGO Office. A new rental space grouping called “Preferred” was added at the top of the calendar selection for transient reservations.  All rental spaces marked as “Preferred Transient Space" will appear in this grouping.
• Notifications to users regarding a "lack of utilities for reservation transfers" have been added to MARINAGO Office. When an occupancy with utilities is being transferred to a new rental space, the system will provide a notification if the user forgets to select utilities on the new rental space.
• The ability to create brackets for establishing specific rental rates determined by reservation length has been added to MARINAGO Office. Transient rates have been enhanced so that the total number of nights stayed may be used to calculate individual bracketed rates for each rental period. 

Visual Map Enhancements
• Additional color coding for rental spaces on visual maps has been added to MARINAGO Office. The visual map has been expanded with additional color options and user defined colors.
• Additional filters and color customizations have been added to MARINAGO Office. The "filter" options on the visual map have been expanded allowing users to visually show different statuses and types.

Point-of-Sale Enhancements
• A default configuration for POS devices option has been added to MARINAGO Office. A default POS configuration can now be defined for POS devices. This default option will automatically apply towards any new device ID that is created.

Reporting Enhancements
• The ability to export reports in PDF files with the report titles has been added to MARINAGO Office. All reports exported to a PDF file now include the report title.

Call or email Scribble Software's Future Markets Team to learn more about MARINAGO Office today!
804-427-8100
sales@scribblesoftware.com
www.scribblesoftware.com

Welcome New Members
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With Marine Recreation Association being the largest professional organization of marina, boatyard, hospitality, and other marine industry owners and operators located throughout the western United States with additional members in Canada, Mexico, and Australia, our mission is to provide a united voice in representing the interests of the boating industry, and to help educate and inform in all areas of recreational boating. MRA would like to welcome the following companies to our association:

Commerce Hose & Industrial Products

The Last Word  

To all of our MRA Members and Future Members;

Summer seems to have arrived here Northern California with temperatures in the high 80’s and low 90’s creeping in!

The MRA year runs from July 1^st to June 30^th each year and membership renewal is just around the corner. I will be emailing renewal notices out towards the end of May.

Our 49^th Annual MRA Educational Conference & Trade Show is in the works and will be held at the Hilton La Jolla Torrey Pines on October 11 – 13, 2021. We are in the process of setting up the conference website and will send out an announcement as soon as it is up and running. There will be some exciting new changes and additions to this year’s event! Stay tuned….

Our FREE Educational Series webinars are still available for viewing and can be accessed at: https://www.marina.org/cpages/mra-educational-series-seminars. 

Also, if you were unable to attend this year’s 5^th Annual California Boating Congress, the video is available to watch at: https://www.marina.org/events/5th-annual-california-boating-congress-2.

To our trade members, please send me your press releases on new products or services you might have. The Trade Member Highlight section is a free opportunity to advertise them! I am reaching out to all of you and asking you to send me a press release when you have a new product or service that you would like for us to highlight. There will be one each month and will be placed according to submission date. This is one more way for us to promote your support and dedication to the association. We would also like to be included in your list of press release recipients.

Many times the contact name for membership changes during the year and unless it is around renewal time, we may not be aware of the change. Please take a look at your profile and make sure to let us know if there are any changes in contact names, addresses, phone and fax numbers or email addresses so we can have the most up-to-date information for you. Also, if you do not have at least 1 logo and 1 photo (of your marina or product) please email them to mra@marina.org so they can be uploaded. You can now also add a YouTube video if you have one.

Thank you and stay safe!

Mariann Timms
Operations Administrator
Email: timms@marina.org

From the Helm

To all our valued members,

Spring is coming and the vaccine is here. Things are looking up. Can’t wait to get out on the lake.

Things are also looking up for your MRA association. We have signed a contract with Hilton La Jolla Torrey Pines for our 49^th Annual Educational Conference & Trade Show in San Diego. Mark your calendar for October 11^th through the 13^th of 2021. This year’s theme is Climate for Change. Information on the website will be available in April.

This month we have the California Boating Congress (CBC) on the 17^th of March from 9AM to Noon. We will be addressing California’s bold initiative to limit gas and diesel powered engines. There will be discussion about the impact of such an initiative on the boating industry and how we can influence the effects of such of such an initiative. Our guest speakers, Frank Hugelmeyer and Robert Newsome will also be giving us an update on the state of marina industry. CBC is free and you can sign up for it at www.calboatingcongress.com.

We will be rolling out another Educational Series in late March and will continue to offer the webinars through the spring. If you have a topic that you would like to present or one that you would like to see, please contact Mariann Timms at mra@marina.org.

Sincerely, 
Scott Robertson
President

5th annual 'California Boating Congress' Revived for 2021 Your Opportunity to Make a Difference!

Save the date . . . The past year has been a challenge to say the least, and the marine industry has experienced both pitfalls and opportunities. To meet these head-on the Marine Recreation Association is again sponsoring the 

California Boating Congress, bringing together the marine industry and boating community to advocate for this important part of our economy and culture. With COVID still impacting our ability to meet directly with our legislators and regulators, this year’s CBC will be held in a virtual format on March 17, 2021, from 9 AM to 12 Noon PDT . . . Planning for 2030 & Beyond.

Our legislators are developing new initiatives today to limit and ultimately eliminate gasoline and diesel engines in California, and having our voices heard will be critical at this time. The 2021 California Boating Congress will focus on understanding and responding to the potential impact of these measures on recreational boating and the marine industry, and more importantly, how we can influence those initiatives through our representatives and regulators.

This year’s Congress is being co-hosted by the MRA and ten other boating related groups, including the National Marine Manufacturers Association, California Marine Affairs and Navigation Conference, Boat U.S., Personal Watercraft Industry Association, California Delta Chambers & Visitors Bureau, Recreational Boaters of California, Sacramento Valley Marine Association, California Association of Harbor Masters & Port Captains, California Yacht Brokers Associations, and the American Boat Builders & Repairers Association.

Past California Boating Congress conferences have proven the value of communication between boaters, the marine industry, and California state legislators and regulators in effectively shaping future boating policy, funding, and regulation. In today’s world this effort is even more important to positively impact the planning and policies that affect recreational boating and other marine concerns in the state.

For information and to register for the 5^th annual CBC, visit www.calboatingcongress.com or contact Mariann Timms at (209) 334-0661 . . . more information will be forthcoming as our conference planning continues.

                                                                                             
                                                                                              KKMI Awarded Coveted Clean Marine Boatyard Certification

Bay Area's First Clean Marine Boatyard

Keefe Kaplan Maritime, Inc (KKMI) boatyard in Pt Richmond, California was recently awarded a Clean Marine certification by the Clean Marine Program. This makes KKMI Pt Richmond the first Bay Area boatyard to receive this prestigious award. The certification process involves evaluation of over 150 requirements regarding company practices related to Emergencies, Fire Safety, Solid and Liquid Wastes, Hazardous Waste, Engine Maintenance/Repair, Painting, Storm Water Management, Landscaping for Storm Water, Used Petroleum Products, Used Antifreeze Waste, Soiled Rags, Battery Management, Refrigerants, Mercury Lamps/Bilge Switches, Boat Cleaning, Pressure Washing, Paint Removal, Sand Blasting, and Facility & Housekeeping.

The Clean Marine Program developed the certification program through an examination of many Best Management Practices (BMPs) in partnership with many stakeholders. This included groups such as California Environmental Protection Agency, California Department of Toxic Substances and their office of Pollution Prevention and Green Technology, California Coastal Commission, California Department of Boating and Waterways, California Department of Pesticides, City of San Francisco Health Department and San Francisco BayKeeper.

KKMI Pt Richmond has been providing boat maintenance and repair services on San Francisco Bay since 1996. Company founders Paul Kaplan, Ken Keefe and Cynthia Revel have consistently held strong safety and environmental practices as a benchmark not only for operational success, but also toward protecting their employees and the sensitive Bay environment. Paul Kaplan commented, “Since our founding nearly 25 years ago we have become recognized as leaders within the maritime industry in delivering superb craftsmanship in an environmentally friendly facility. From being named ‘Boat Yard of the Year’ by the American Boat Builder’s Association to ‘Small Industry of the Year’ by the California Water Environment Association and now ‘Clean Marine Certification,’ we are very proud of these accomplishments.”

KKMI’s Safety, Health and Environmental Director, Janis Johnson, was responsible for coordinating with Clean Marine and its certification judges who evaluated KKMI’s practices and toured the yard. She said, “The process of obtaining certification, although time consuming, represents so many things. Not only does it demonstrate KKMI’s compliance with the myriad of regulations that govern the maritime industry, but it also speaks to KKMI’s commitment in taking the additional steps to achieve the highest level of sound, environmentally friendly operations. Receiving one of the highest scores is a powerful testimony to the level of dedication that exists within our company and team members. We are very pleased with this accomplishment.”

KKMI has long supported the Clean Marine Certification Program and is proud to be recognized for management’s efforts to operate an environmentally sound boatyard business. KKMI management hopes that this industry recognition will inspire other boatyards in the Bay Area and beyond to apply for their own Clean Marine Certification.

For more information on the Clean Marine Program visit https://cleanmarina.org/.

NMMA's State of the Recreational Boating Industry & Awards Presentation Webinar

Join the NMMA for a state of the industry and awards presentation webinar on Thursday, March 4 at 11am ET. NMMA President Frank Hugelmeyer will outline the latest sales data and trends, as well as advocacy and market expansion priorities for the year ahead.

The webinar will also include an update from RBFF's Stephanie Vatalaro, and presentation of the Marine Industry Customer Satisfaction Index (CSI) Awards and the Alan J. Freedman Award. Click here to register

An Angler's Winter Chore Could Help Spark an Idea That Increases FIshing Line Recycling

$30,000 in cash prizes on the line for best solutions

Winter is annual maintenance time for many anglers, and respooling with new line and recycling the old is a common task. Ever thought about what happens once you dispose of the old line in a fishing line recycling tube?

It’s not pretty. Turning fishing line into new products is labor-intensive, requiring a series of workers to manually comb through, sort, clean, remove hooks and weights, and separate out miles of encrusted debris in entangled fishing line. So as you pile up a few reels of line to be recycled this winter, the BoatUS Foundation for Boating Safety and Clean Water is asking for your ideas on how to help grow the volume of line recycled each year.

Teaming up with fishing tackle company Berkley, the BoatUS Foundation’s Recast & Recycle Contest seeks out new ideas and improvements to the process, new ideas for recycled products, or technology breakthroughs for the current process that will increase the volume of line and soft baits that are recycled. Entry is simple – all you have to do is send a short video or one-page summary explaining your idea. Thirty thousand dollars in prize money is at stake for the three best ideas submitted through May 14, 2021.

“It’s great that anglers recycle,” said BoatUS Foundation Director of Outreach Alanna Keating. “Now we need to ask for help with scaling up recycling with a greater volume of line, whether it’s a time- and labor-saving process improvement or creating a new market to fully sustain recycling efforts.”

Judges will add weight to contest submissions that actually work, are practical, innovative, and have the potential to have a significant impact.

The first-place prize is $15,000, second place receives $10,000, and $5,000 will be awarded for third place. Contest submissions can address any part of the process (or multiple parts) of taking discarded fishing line and soft plastics from end of life to a new beginning. Professionals, amateurs and students alike are encouraged to apply, as are school teams and groups. Contest entries can be submitted with as little as a link to a video demonstration of the idea or a one-page graphic summary. Videos are limited to 4 minutes.

Contest rules and conditions, details on the current recycling process and videos on how various plastics and soft baits are recycled can be found at the Recast & Recycle website BoatUS.org/Contest.

About Boat Owners Association of The United States (BoatUS):

Celebrating more than 50 years, BoatUS is the nation’s largest organization of recreational boaters with more than 700,000 members. We are the boat owners’ voice on Capitol Hill and fight for their rights. We are The Boat Owners Auto Club and help ensure a roadside trailer breakdown doesn’t end a boating or fishing trip before it begins. When boats break down on the water, TowBoatUS brings them safely back to the launch ramp or dock, 24/7. BoatUS offers GEICO Marine Insurance policies that give boat owners affordable, specialized coverage and superior service they need. We help keep boaters safe and our waters clean with assistance from the nonprofit BoatUS Foundation for Boating Safety and Clean Water. Visit BoatUS.com.

Virtual Meeting You Don't Want to Miss Boating Topics That Matter to You

Join the California Clean Boating Network, on Thursday, March 18th, 2021 (10 am to approx. 12:15 pm) for a free and exciting educational virtual meeting.

Learn directly from California experts about top tier subjects impacting our waterways, from preventing boat sewage pollution; marine debris management in our state; getting clear on the California Boater Card program from common misconceptions to frequently asked questions; and learning all about Marine Protected Areas designations and relevant resources available to you.

We look forward to sharing this knowledge with you and offering you plenty of time to ask questions.

Further information on this meeting’s topics are included below:
Date: Thursday, March 18th, 2021
Time: 10 am to approx. 12:15 pm

You must register in advance for this meeting here. Register today to secure your virtual spot, meeting capacity will be capped, secure it now.

After registering, you will receive a confirmation email from Zoom containing information about joining the meeting.

Detailed information about the MEETING TOPICS:

1 - Preventing Boat Sewage Pollution Through Partnerships -
Liz Juvera (San Francisco Estuary Partnership) and Andrea Carrassi (The Bay Foundation) The Clean Vessel Act (CVA) team is working to keep California’s waterways free of boater sewage by building regional partnerships and monitoring sewage pumpout units throughout California. Tune-in and learn how we provide our boating community with pollution prevention support, tools, and education, increase access to sewage disposal options, and help to save the waters you (and our aquatic wildlife) love!

2 - Trash (mis)management in California: Where is all this trash coming from?Eben Schwartz (Marine Debris Program Manager for the California Coastal Commission) will discuss results from the latest Coastal Cleanup and efforts in California to manage trash. Coastal Cleanup data has been an important factor in helping to develop new policies and regulations around plastic pollution in California. But additional efforts are needed to truly get a handle on this growing challenge. Eben will discuss what we currently know important factor in helping to develop new policies and regulations around plastic pollution in California. But additional efforts are needed to truly get a handle on this growing challenge. Eben will discuss what we currently know about plastic pollution, what the state is currently doing, and some new innovations that could help stem the tide of trash entering our oceans each year.

3 - California Boater Card – Get on Board!
Melissa Miranda (California State Parks, Boating Education and Outreach Manager). Meeting participants will learn about the California Boater Card program that is being phased in by age and is now required for all power boat operators 40 years of age and younger. By 2025, all operators of motorized boats, regardless of age, will be required to carry the card. Learn more about approved boating safety courses, how to apply for your card, and who may be exempt. Common misconceptions and frequently asked questions will also be covered.

4 - California’s Marine Protected Areas: From Design to Management
Stephen Wertz (California Department of Fish and Wildlife Senior Environmental Scientist Supervisor). In 2012, California completed planning and designing one of the largest ecologically connected networks of marine protected areas (MPA) in the world. This globally recognized network includes 124 MPAs and 14 special closures. This presentation will take you from planning to management with an emphasis on the different MPA designations and resources available to help you plan for your next boating activity.

This is a clean and green message and invitation from the California State Parks, the California Coastal Commission, The Bay Foundation. Partially funded by the US Fish and Wildlife Sports Fish Restoration (Clean Vessel Act Program), the California Ocean Protection Council, Coastal Quest.

Register for the meeting here

For the Marina Bulletin Board

Become a Partner Dockwalker, Connect and Learn From Home!

"What you do makes a difference, and you have to decide what kind of difference you want to make.”~Jane Goodall

Become a 2021 Partner Dockwalker by taking one of our Virtual trainings!

As California continues to mitigate the spread of COVID-19, free three-hour virtual Dockwalker trainings (Saturdays from 10 am-12:45 pm starting March 6th to June12th) will be offered through the Zoom video conferencing system. This is a great alternative to an in-person training and in the best interest of everyone considering the current situation. Through the Zoom video conferencing system you will be able to see the instructor live and ask questions! Do not worry it is a very simple system and we are here to help walk you through it! Remember if you were trained 3 years ago, it is time to get recertified.

We will be offering the following virtual Dockwalker trainings:
Northern CA:
~ Saturday, March 6, 2021
10:00 AM - 12:45 PM

~ Saturday, April 24, 2021
10:00 AM - 12:45 PM

~ Saturday, May 8, 2021
10:00 AM - 12:45 PM

~ Saturday, June 12, 2021
10:00 AM - 12:45 PM

Southern CA:
~ Saturday, March 27, 2021
10:00 AM - 12:45 PM

~ Saturday, April 3, 2021
10:00 AM - 12:45 PM

~ Saturday, May 1, 2021
10:00 AM - 12:45 PM

~ Saturday, June 5, 2021
10:00 AM - 12:45 PM

Refresher Trainings:
If you have been trained in the last three years, you have the option to register for a refresher training, as follows:
Northern CA:
~ Saturday, April 10, 2021
10:00 AM - 11:15 AM
~ Saturday, May 15, 2021
10:00 AM - 11:15 AM
Southern CA:
~ Saturday, March 20, 2021
10:00 AM - 11:15 AM
~ Saturday, April 17, 2021
10:00 AM - 11:15 AM

What you will need:
~ You will only need a computer with internet access and either a phone to call in or the computer’s speaker and microphone.
~ You do not have to have a Zoom account to attend a Zoom video conference meeting. You will be prompted to download the software, once you received the link from us.

What we need from you:
~ Based on where you live, please register to one of the virtual trainings mentioned above by emailing Vivian Matuk at vmatuk@coastal.ca.gov and let us know to which training you want to register. Please include your name, organization (if applicable), address and phone number.
~ Once we receive your registration, we will be sending you the Zoom registration link and some additional files and information.

PROGRAM INFORMATION:
Dockwalkers are trained to safely engage members of the public and the boating community to adopt clean boating practices. Dockwalkers share clean boating information with boaters and distribute educational 2020 California Boater Kits, while visiting marinas, launch ramps, marine supply stores, boat shows special events, or wherever boaters are. "Dockwalker" is only a general term because you are not limited to "walking the docks" in order to talk to boaters about safety and clean boating practices. Remember safety and the environment go hand in hand.

Dockwalking is a fantastic way to interact with boaters to help keep California's marinas, waterways, and ocean clean and healthy. The training provides an overview of potential sources of boat pollution, federal and state laws, environmentally-sound boating practices, information on how to conduct Dockwalking, and an overview of the educational materials Dockwalkers will distribute.

Since 2000, more than a 1,000 Dockwalkers have taught 100,000 boaters about oil, fuel, sewage, trash and marine debris prevention. Participation in the program, including the training sessions, qualifies as community service.

Anyone from 15 to 100 years young with an interest in water quality and sharing clean boating information (regardless of your background) can become a Dockwalker!

This program provides tons of benefits to:
Boaters and Water Enthusiasts
United States Coast Guard Auxiliary
Marinas, Harbors and Yacht Club Operators and Staff
United States Power Squadrons

Program implemented by the California State Parks, The California Coastal Commission and The Bay Foundation in partnership with the US Coast Guard Auxiliary, the US Power Squadrons, Save Our Shores, Lake Berryessa Partnership and many more organizations.

Construction Corner

Dover Bay Marina Continues Long Relationship with Meeco Sullivan

Meeco Sullivan announces the recent completion of the “E Dock” at Dover Bay Resort Marina, located on Lake Pend Oreille in northern Idaho.

The Dover Bay Marina has become a popular destination for boaters, as it sits on 285 acres of waterfront access. This unique area has seen significant growth in recent years, hence the need for another Meeco Sullivan docking system; a summer of social distancing increased the demand for new marina facilities around the country.

Meeco Sullivan engineered and manufactured the Meeco Steel framed dock, adding fifty new slips for the eager boaters.

To better accommodate guests, the slips size vary from 12’x26’ to 12’x28’ long. Meeco Sullivan delivered the dock in late March, while a typical early-spring Idaho snow storm raged on. All of the docks were preassembled at the Oklahoma factory in large sections, thus allowing for an easier installation by APEX Construction Services.. The “E Dock” phase was completed in May 2020.

Dover Bay Marina and Meeco Sullivan have collaborated together over the last seven years on their five docking systems. Meeco Sullivan Regional Sales Manager, J Mills commented, “This project came together smoothly. Pend Oreille is a beautiful lake and the new docks with their bright blue covers demand attention to the marina.”

Trade Member Highlight

Elkhart Plastics Adds New PWC Port to Connect-A-Dock Line

Elkhart Plastics LLC, a Myers Industries, Inc. company (NYSE: MYE), expands its floating dock product line with the new Connect-A-Port XL6.

The Connect-A-Port XL6 is a 6-foot wide personal watercraft (PWC) floating dock that allows PWC users to easily roll off to launch and drive on to park. The new dock offers a universal hull designed with adjustable rollers that can be moved to better match the size and style of the user's PWC. Additionally, the new design has more walking surface around the edges, making it easier for riders to get on and off their PWC safely. The XL6 is available in five colors and can be attached to floating and stationary docks.

The rotationally-molded XL6 joins Elkhart Plastics’ Connect-A-Dock line as the second Connect-A-Port PWC floating dock model. The company also offers two series of rotomolded docks and the YAKport kayak launch under the Connect-A-Dock brand. 

“As we see the outdoor recreation industry continue to grow, we’re excited to bring a new docking option to our customers,” says Jack Welter, president of Elkhart Plastics. “The XL6 is an update from the former 2XL model with enhancements that make docking a better experience for the end user.” 

Connect-A-Port XL6 and other Connect-A-Dock products are available from dealers across the U.S. and international distributors around the globe. To find a dealer and to learn more about Connect-A-Port XL6, visit connectadock.com. 

About Elkhart Plastics:
Elkhart Plastics creates rotationally molded plastic products in an almost endless variety of shapes, lengths, and thicknesses out of its six facilities. The company provides custom designs for clients in industries including recreational vehicles, marine, agriculture, commercial construction equipment, heavy truck equipment, material handling, and more. In addition to Connect-A-Dock, Elkhart Plastics manufactures TUFF Series Intermediate Bulk Containers and KONG Coolers. Visit www.epi-roto.com to learn more.

About Myers Industries:
Myers Industries, Inc. is a manufacturer of polymer products for industrial, agricultural, automotive, commercial, and consumer markets. The Company is also the largest distributor of tools, equipment and supplies for the tire, wheel and under vehicle service industry in the United States. Visit www.myersindustries.com to learn more.

Welcome New Members

With Marine Recreation Association being the largest professional organization of marina, boatyard, hospitality, and other marine industry owners and operators located throughout the western United States with additional members in Canada, Mexico, and Australia, our mission is to provide a united voice in representing the interests of the boating industry, and to help educate and inform in all areas of recreational boating. MRA would like to welcome the following companies to our association:

Jones Valley Resort
Silverthorn Resort
Sugarloaf Resort

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From the Helm

To all our valued members,

2020 was pretty rough water for all of us. MRA managed to navigate through it and I want to thank our crew, the board of directors and Mariann, for getting us through it.
 

Now it is the time to look forward to 2021.

This upcoming year will continue to bring many new opportunities for you. The 49^th Annual Educational Conference and Trade Show is being planned and the details are being worked out. We anticipate making an announcement on location and timing shortly. Odd’s makers are saying the conference will be in San Diego sometime around the second week of October 2021. Your board of directors is meeting, via zoom, on January 13^th & 14^th to plan for the conference. If there is something you would like to see or hear about at the conference don’t hesitate to contact Mariann or myself. After all this conference is for you, so let us know your thoughts.

We are continuing with our very popular Educational Series webinars through this spring, keep an eye out for them, you won’t want to miss any. The first of these Educational Series webinars “SOS: California Employers’ 9-Step Compliance Blueprint For New Cal/OSHA COVID-19 Safety Standard” will be held on Tuesday, January 12, 2021 from 9:00 am to 10:30 am Pacific time.

We continue to try and understand what is happening with the Department of Boating and Waterways. By the nature of the beast, I suspect the answers we are all looking for will not come quickly as we would like, but they will come.

The Gold Anchor program is officially here. Our partners from Australia conducted two marina certifications in 2019. In November of this year, we had our own auditors conduct our first certification, an inland marina. The audit went well and the audit team is geared up and ready to do many more in 2021. Gold Anchor is the equivalent of Michelin ratings for restaurants only for marinas. If you have an interest in understanding more about this program please give Mariann a call and she will pass on the information to one of our talented auditors.

Speaking of auditors, MRA would like to acknowledge and recognize Kathy Obrien, Sonya Boggs and Kevin Parker, our auditors, for their efforts in making this happen, thanks Kathy, Sonya and Mark. In addition, Mark Sanders deserves a big thank you for bringing this program to us from Australia, thanks Mark.

We all are looking forward to smoother waters for 2021. 

Sincerely, 
Scott Robertson
President

New COVID-19 Cal/OSHA Emergency Standards covered in next MRA Educational Series Webinar

The first of the 2021 series will provide attendees with a California Employers 9-Step Compliance Blueprint for New Cal/OSHA COVID-19 Safety Standards, which became effective December 1, 2020 as an emergency Cal/OSHA regulation imposing new obligations on California employers related to COVID-19 prevention. The webinar, scheduled for Tuesday, January 12, 2021 from 9:00 AM to 10:30 AM, will be led by Robert Smith, Executive Director, Fisher Phillips Safety Solutions, and Travis Vance, Partner, Fisher & Phillips, LLP. Fisher & Phillips has assisted more than 500 companies during the pandemic with diverse and focused preventive policies and procedures to avoid employment and workplace safety-related claims.

Robert and Travis both have a comprehensive understanding of the marine industry and the complexity of our customer service focused industry. The new Cal/OSHA COVID-19 emergency regulations represent the most far-reaching formal rule-making by Cal/OSHA on COVID-19, and may be a preview of new regulations we can expect at the federal level under a Biden administration.

Grants Available for Stormwater Tech

How to Prevent a Business Email Compromise Attack

For the Marina Bulletin Board

Boat Owners Association of The United States (BoatUS) is advising boaters with vessels that have a U.S. Coast Guard Certificate of Documentation to be wary of any letter arriving by U.S. mail offering renewal. BoatUS advises that while the Coast Guard does send official annual renewal notices by U.S. mail, other notices being received by members are not from the Coast Guard but rather third-party companies whose name or return addresses may appear similar to that of the official U.S. Coast Guard National Vessel Documentation Center (NVDC). BoatUS members have complained that these letters direct them to websites that may be mistaken for the actual Coast Guard NVDC located in Falling Waters, West Virginia, and appear to show a significant increase in the annual fee to renew Coast Guard documentation. In 2017 the Coast Guard issued a bulletin that says in part: “The NVDC is aware that there are commercial entities that offer to manage the certification/renewal process on behalf of vessel owners for a fee. The Coast Guard does not endorse any of these companies, and the companies do not operate on behalf of the Coast Guard in any way. Any fees charged or agreements offered by such companies are in no way associated with the NVDC certification process. In addition, these companies are not authorized to issue any form of documentation, including travel letters and/or permits that authorize operation of ANY vessel. Customer complaints can be made through the Federal Trade Commission's (FTC) website at https://www.ftc.gov/.” While third-party companies may legitimately provide services to assist with vessel documentation renewals, the Coast Guard’s own renewal process is simple for most vessels and the price, $26 annually, is often much lower than what third-party services may charge. To renew, go to the Coast Guard National Documentation Center website at https://www.uscg.mil/nvdc and click on “instructions and forms,” then “Certificate of Documentation Application for Renewal.” BoatUS notes that the Coast Guard NVDC now also offers renewal options up to five years for recreational vessels only. To be documented, a vessel must measure at least five net tons and, with the exception of certain oil-spill response vessels, owned by a U.S. citizen. Boats about 27 feet in length or longer generally meet the weight requirement. BoatUS also advises boaters who may have received mail that they believe is misleading or deceptive to contact the U.S. Postal Inspection Service at 877-876-2455 or through its website https://postalinspectors.uspis.gov. About Boat Owners Association of The United States (BoatUS): Celebrating more than 50 years, BoatUS is the nation’s largest organization of recreational boaters with more than 700,000 members. We are the boat owners’ voice on Capitol Hill and fight for their rights. We are The Boat Owners Auto Club and help ensure a roadside trailer breakdown doesn’t end a boating or fishing trip before it begins. When boats break down on the water, TowBoatUS brings them safely back to the launch ramp or dock, 24/7. BoatUS offers GEICO Marine Insurance policies that give boat owners affordable, specialized coverage and superior service they need. We help keep boaters safe and our waters clean with assistance from the nonprofit BoatUS Foundation for Boating Safety and Clean Water. Visit BoatUS.com

Construction Corner

Located in the Marina Del Rey harbor, Pier 44 Marina has recently completed an extensive reconstruction resulting in a more accessible and aesthetically pleasing experience for their slip holders and the surrounding community. The marina is just walking distance from Burton Chase Park and close by to LAX airport and Venice Beach. In addition to the renovation of the waterside marina, the property underwent a redevelopment of their landside attractions. Situated on the MDR Boardwalk, Pier 44 marina now offers a multitude of services and shops, including a retailer for boat parts, supplies and accessories. Locals can also enjoy waterfront shopping and dining as the new retail center features an outdoor plaza and patio seating. The property has an onsite yacht club and additional boater service offices. Bellingham Marine spearheaded the waterside renovation which included a total replacement and redesign of the existing marina. The original layout consisted of 232 slips, while the redesigned marina now totals 141 slips, five end ties along with dinghy docks and transient slips. The updated marina features a land-side dry stack for boat storage along with a brand new jib crane. The marina’s upgrades include several amenities for boaters such a pump out station, boater restrooms with showers and laundry, 24-hour marina-controlled access gate and Wi-Fi.

The renovated docks feature a medium tone gray concrete with Ashler cut slate stamp deck. This process mimics the appearance of a stone walkway. The new docks feature wood walers and steel thru rods. To better meet ADA compliancy and federal guidelines for marina accessibility, Bellingham installed 80-foot pedestrian gangways. As an added safety benefit, the marina has a wireless color changing LED lights installed into each pedestal and power centers and is equipped with Nucore software system with available colors white, red, green or blue. The marina was recently completed in November of 2020 and plans to open to boaters within the first month of 2021. The redevelopment of Pier 44 Marina ensures it will remain waterfront destination that is more accessible to those visiting the harbor or those who call it home.

The Last Word  

To all of our MRA Members and Future Members;

I am pleased to announce our first four Educational Series webinars were a success! A huge thank you to our speakers for their time and effort in presenting. Also a big thank you to Dockwa who spread the word to their clients creating the largest attendance on our last webinar. If you missed the webinars, the PowerPoints and videos are available for free at: https://www.marina.org/cpages/mra-educational-series-seminars. We will continue the webinars in mid-January 2021.

To our trade members, please send me your press releases on new products or services you might have. The Trade Member Highlight section is a free opportunity to advertise them! I am reaching out to all of you and asking you to send me a press release when you have a new product or service that you would like for us to highlight. There will be one each month and will be placed according to submission date. This is one more way for us to promote your support and dedication to the association. We would also like to be included in your list of press release recipients.

Many times the contact name for membership changes during the year and unless it is around renewal time, we may not be aware of the change. Please take a look at your profile and make sure to let us know if there are any changes in contact names, addresses, phone and fax numbers or email addresses so we can have the most up-to-date information for you. Also, if you do not have at least 1 logo and 1 photo (of your marina or product) please email them to mra@marina.org so they can be uploaded. You can now also add a YouTube video if you have one.

Thank you and stay safe!

Mariann Timms
Operations Administrator
Email: timms@marina.org

* From the Helm

* Welcome New Members

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From the Helm

To all our valued members,

I hope all had a fun and safe Thanksgiving.

Last May, MRA and many of the other boating groups in California pinned a letter to head of California State Parks & Recreation to try and understand what has happened with Department of Boating and Waterways (DBW) fund. We were hearing the fund is broke. Traditionally the fund makes grants and loans to private and public marinas. Because of the continued deficit those activities have diminished significantly over the past few years.

As a follow up to the letter we recently had a zoom call with Ramona Hernandez, acting head of DBW. In the phone call Ramona confirmed the fund will be close to being out of monies by the end of this fiscal year. Historically the primary funding for the fund came from gas tax allocation. The allocation for gas taxes has gone from $23M in fiscal year 2018/19 to $10M for the fiscal year 2020/21. One of many things the group is trying to get answers to.

The news we received was not good for boating but one of the major accomplishments is all the various groups on the call are uniform in wanting answers and solutions to getting the fund healthy again. I am being told that has not always been the case. As a group our voice is more powerful than any one individual organization and it is comforting to know we are all on the same page.

While we wait for answers to our questions the group is recommending an economic impact study be done to understand what boaters bring to California’s economy. The study can then be used to show our importance to California’s economy and ultimately get DBW’s fund restored.

We will keep you posted on the progress.

Sincerely, 
Scott Robertson
President

The Top 9 Things Employers Need To Know About Cal/OSHA’s New Emergency COVID-19 Standard

The Cal/OSHA Standards Board just adopted an emergency standard related to COVID-19 prevention in the workplace, imposing some significant requirements on California employers. Most notably, the new rule finalized yesterday provides that employees excluded from work for having or being exposed to COVID-19 must continue to be paid while they are off work.

Employers do not have a lot of time to comply with the new mandates. Following adoption of the emergency proposal, the Standards Board will submit the language to the Office of Administrative Law, which will have 10 days to review and approve the proposal. Therefore, this complex new standard became immediately effective as of November 30, 2020.

The emergency regulation will be in effect for 180 days, and can be extended. It is anticipated that Cal/OSHA will move forward with regular and permanent rulemaking on this topic during this period of time.

This new standard will require California employers to take immediate action on many COVID-19 fronts. So what do California employers need to know? Here are the top nine takeaways for California employers – including specific recommendations about what you need to do in response to each new obligation.

The Basics: Who’s Covered? And Who’s Excluded?

Over the past several months, Cal/OSHA has published several general and industry-specific “guidance” documents related to COVID-19. However, yesterday’s step represents the most significant formal rulemaking action by Cal/OSHA to adopt a standard that will be binding and enforceable against California employers.

The new emergency standard applies to all employees and places of employment. However, it does not apply to the following:

·        Places of employment with one employee who does not have contact with other persons.

·        Employees working from home.

·        Employees already covered by Cal/OSHA’s aerosol transmission standard (applicable generally to certain health care facilities, laboratories and others).

1. Written COVID-19 Prevention Program

The emergency standard requires California employers to prepare, implement, and maintain a Written COVID-19 Prevention Program (WCPP) similar to Injury and Illness Prevention Programs (IIPP) required by Title 8 of the California Code of Regulations section 3203. Indeed, the standard provides that the newly required WCPP may be integrated into an employer’s existing IIPP or maintained in a separate document.

The required elements as outlined by Emergency Standard for WPPs include the following:

1.   System for communicating;

2.   Identification and evaluation of COVID-19 hazards;

3.   Investigating and responding to COVID-19 cases in the workplace;

4.   Correction of COVID-19 hazards;

5.   Training and instruction;

6.   Physical Distancing;

7.   Face coverings;

8.   Other engineering controls, administrative controls, and personal protective equipment;

9.   Reporting, recordkeeping, and access;

10. Exclusion of COVID-19 cases; and

11. Return to work criteria.

Many California workplaces have already implemented COVID-19 plans fulfilling previous requirements to reopen. For months, we have advised California employers to develop and implement a  written COVID-19-specific addendum  into their IIPPs, which the emergency standard now requires. However, the new WCPP requirements will likely take considerable time and effort to amend even those existing plans to ensure compliance.

Although several WCPP elements mirror IIPPs, many requirements significantly change or expand what businesses likely have encountered or implemented previously. For example, paragraph 1 (system for communicating) requires employers to “describe procedures or policies for accommodating employees with medical or other conditions that put them at increased risk of severe COVID-19 illness.” Under paragraph 2, employers with indoor locations must “evaluate how to maximize the quantity of outdoor air and whether it is possible to increase filtration efficiency to the highest level compatible with the existing ventilation system.” Under paragraph 3, employers must “offer COVID-19 testing at no cost to employees during their working hours to all employees who had potential COVID-19 exposure in the workplace.” And for personal protective equipment, employers must “evaluate the need for respiratory protection in accordance with section 5144 [Respiratory Protection] when the physical distancing requirements…are not feasible or are not maintained,” indicating that many employers not familiar with (or previously subject to) section 5144, must evaluate and potentially implement the use of respirators.

What You Should Do Next – Employers without current COVID-19 plans should act quickly to develop a compliant WCPP, and implement effective new procedures addressing the requisite elements. Employers with existing COVID-19 plans will want to thoroughly assess such plans to determine the steps needed to cure deficiencies. Additionally, all employers should continue to follow this rapidly developing COVID-19 situation regardless of the planning stage. For further information or assistance in preparing a WCPP, contact your Fisher Phillips attorney, any attorney in our California offices, or any member of our COVID-19 Taskforce.

2. Notice of Potential COVID-19 Exposure and Cases

In responding to COVID-19 cases (as defined below), employers must meet several notice requirements laid out in the new standard. Many of these requirements overlap with those already in the CA COVID-19 Employer Playbook, as well as AB 685’s notice and reporting requirements described in more detail here.

Specifically, the new standard requires employers give notice of the potential COVID-19 exposure within one business day to all employees who may have been exposed, their authorized representatives, and independent contractors and other employers who were present during the high risk exposure period. The high-risk exposure period generally begins 48 hours before onset of symptoms or specimen for the positive test.

While the new standard does not require this notice be written, AB 685 does. In addition, AB 685 identifies a slightly different group who must receive this notice, as it specifies all employees (as well as their exclusive representatives) and employers of subcontracted employees who were on premises at the same worksite, not independent contractors or just those employees who may have been exposed.

The new standard makes clear employers must give such notice without revealing any personal identifying information of the COVID-19 case. Such information generally must be kept confidential, with one key exception. The new standard makes clear that unredacted information and medical records related to a COVID-19 case may be provided upon request to the local health department, CDPH, the Division, the NIOSH, or as otherwise required by law.

This is important because AB 685 and the new standard require the reporting of such confidential information to the local health department within 48 hours of a COVID-19 outbreak at a worksite (generally three cases). AB 685 only requires employers report the qualifying individual’s name, number, occupation, worksite, business address, and NAICS code. However, the new standard also requires employers report the total number of cases, as well as the hospitalization and/or fatality status. Both AB 685 and the new standard require the employer to continue to give notice to the local health department of any subsequent COVID-19 cases at the workplace.

In addition to these reporting obligations, the new standard requires employers to report to the Division any COVID-19 related serious illnesses or deaths that occur in the workplace or in connection with employment. Employers must also ensure they are recording and tracking the appropriate information for all COVID-19 cases in accordance with this new standard.

Related to AB 685’s other requirement to notify all employees, their exclusive representatives, and employers of subcontracted employees of the disinfection and safety plan, the new standard similarly requires employers to inform their employees and their authorized employee representatives of COVID-19 cleaning and disinfection protocols.

What You Should Do Next - Due to the prompt notice and reporting required by the new standard, employers should consider preparing to comply by developing template notices that they may customize when COVID-19 cases arise in the workplace to help ensure they are able to meet the tight deadlines. For assistance in preparing such notices, contact your Fisher Phillips attorney, any attorney in our California offices, or any member of our COVID-19 Taskforce. Fisher Phillips has prepared sample notices and can work with you to tailor to your particular workplace.

3. Physical Distancing

The new standard provides that all employees shall be separated from each other by at least six feet. There are two exceptions to this requirement: (1) where the employer can demonstrate that six feet of separation is not possible, and (2) momentary exposures while employees are in movement.

If the employer demonstrates that it is not possible to maintain a distance of at least six feet, individuals shall be as far apart as possible. Also, the standard provides that at fixed work locations where it is not possible to maintain physical distancing, the employer shall install “cleanable solid partitions” that reduce transmissions between employees.

The standard specifies that other methods of physical distancing include telework or other remote work arrangements, reducing the number of persons in an area at one time, staggered arrival and departure, and adjusted work processes. Additionally, the standard requires employers to implement various cleaning and disinfecting procedures.

What You Should Do Next – Many California employers have already adopted physical distancing requirements at the workplace, often in response to local public health orders. Employers should review their current physical layout to ensure they are meeting the required physical distancing standards. Employers should consider a variety of methods of physical distancing (such as staggered schedules) where maintaining physical distance creates feasibility challenges.

4. Face Coverings And Personal Protective Equipment (PPE)

The emergency standard requires employers to provide face coverings and ensure that they are worn by employees over the nose and mouth when indoors, when outdoors and less than six feet away from another person, or when required by public health authorities. The standard also specifies that face shields are not a replacement for face coverings, although they may be worn together for additional protection.

Moreover, an employer is prohibited from preventing an employee from wearing a face covering when not required, unless it would create a safety hazard.

The standard does provide exemptions from wearing face coverings as follows:

* When an employee is alone in a room.

* While eating and drinking, provided employees are at least six feet apart.

* For employees wearing respiratory protection.

* Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing-impaired or communicating with a hearing impaired person (but they must wear an effective alternative, such as a face shield with a drape on the bottom).

* Specific tasks that cannot feasibly be performed with a face covering.

But, there is a big caveat regarding employees who do not wear a face covering or face shield for any reason. They must be at least six feet apart from others unless the unmasked employee is tested at least twice weekly for COVID-19.

Unfortunately, the emergency standard is silent regarding whether employees can bring their own face coverings to use at the workplace (which is becoming increasingly common). Hopefully, this issue will be addressed in future guidance or permanent rulemaking. For now, the standard is ambiguous on this point.

Regarding personal protective equipment, the emergency standard requires employers to evaluate the need for personal protective equipment to prevent exposure to COVID-19 hazards, such as gloves, goggles, and face shields, and provide such personal protective equipment as needed.

What You Should Do Next – If you have not already done so, you should immediately implement a face covering requirement where applicable and communicate this requirement to your employees. Any employee who indicates the need for an exemption from such a requirement should be evaluated on an individual basis. Where an exemption exists, you should ensure that unmasked employees can be six feet apart from others at all times or be tested twice weekly for COVID-19. Finally, you should review whether additional personal protective equipment is needed.

5. Exclusion Of COVID-19 Cases – And NEW Paid Time Off Requirement

The new standard requires employers to ensure that “COVID-19 cases” (those who have tested positive or have an order to isolate from public health authorities) are excluded from the worksite until they have satisfied the return to work criteria (discussed below).

COVID Exposures – What about employees who may not have COVID-19 but may have been exposed? The emergency regulation requires for employees with COVID-19 exposure to be excluded from the worksite for 14 days after the last known exposure. However, employees need not be excluded from the worksite by the employer (as long as the local health department has not isolated them) if they are temporarily reassigned to work where they do not have contact with other persons.

Paid Time Off – The new emergency standard also has a staggering new mandate that employees excluded from work must continue to be paid while they are off work. The regulation provides that employers shall “continue and maintain an employee’s earnings, seniority, and all other employee rights and benefits, including the employee’s right to their former job status.”

While California recently mandated COVID-19 supplemental paid sick leave for employers with 500 or more employees (with the enactment of AB 1867), it is unclear what authority, if any, Cal/OSHA has to mandate what is essentially a paid time off requirement. This requirement also does not appear to be limited to one occurrence, meaning an employee could potentially be excluded from the worksite multiple times. The employer is required to maintain earnings and benefits during each period of time.

There are two potential exemptions to this “maintained earnings” requirement:

* The requirement does not apply to any period of time during which the employee is unable to work for reasons other than protecting persons at the workplace from COVID-19 transmission.

The requirement does not apply where the employer “demonstrates” that the COVID-19 exposure is not work-related. However, the regulation does not specify what it means to “demonstrate” that the exposure is not work-related, or to whom this demonstration must be presented.

Employers are also required to provide any employees excluded from the worksite with information on the benefit entitlements.

What You Should Do Next – You should immediately work to develop protocols and processes to exclude employees from the worksite who are COVID-19 cases or who may have been exposed. The requirement to continue to provide pay and benefits is significant and controversial. There could be legal challenges questioning the authority of Cal/OSHA to mandate such a requirement. However, in the meantime, it is best to work closely with employment counsel to evaluate whether such a requirement applies, and whether either of the above-described exemptions from this requirement are satisfied.

6. General Testing Requirements

The emergency standard provides testing obligations and requirements that will apply to all employers. In addition, as discussed below, employers who experience COVID-19 “outbreaks” have additional testing responsibilities.

First, the regulation provides that if testing is required under any portion of the regulation, the employer shall inform the effected employees of the reason for the COVID-19 testing and the possible consequences of a positive test.

Second, when there has been even one COVID-19 case in the workplace, the employer must offer free COVID-19 testing during working hours to all employees who have potential COVID-19 exposure in the workplace.

Finally, employers may not use COVID-19 testing as an alternative to face coverings when face coverings are otherwise required.

What You Should Do Next – Employers should develop a system for complying with the new testing requirements of the rule, including establishing a relationship with a provider of COVID-19 testing. Employers should also prepare the notice requirement to employees who are tested, explaining the reason for the testing and the possible consequences of a positive test.

7. Return-To-Work Criteria

The emergency standard sets forth the criteria that must be satisfied before COVID-19 cases (those who have tested positive or have an order to isolate from public health authorities) can return to work.

COVID-19 Cases with Symptoms – Employees who are COVID-19 cases with symptoms shall not return to work until:

* At least 24 hours have passed since a fever of 100.4+ has resolved without the use of fever-reducing medications;

* COVID-19 symptoms have improved; and

* At least 10 days have passed since symptoms first appeared.

COVID-19 Cases Without Symptoms – COVID-19 cases who tested positive but never developed symptoms shall not return to work until a minimum of 10 days have passed since the date of specimen collection of their first positive COVID-19 test.

Orders to Isolate or Quarantine – If a public health authority issues the order to isolate or quarantine, the employee shall not return to work until either period of isolation or quarantine is lifted. If no period is specified, then the period shall be 10 days from the time the order to isolate was effective, or 14 days from the time the order to quarantine was effective.

Most significantly, the emergency standard provides that a negative COVID-19 test shall not be required for an employee to return to work. Therefore, California employers will not be permitted to insist that COVID-19 cases take a test before returning to the job.

What You Should Do Next – Employers should develop a protocol for ensuring that employees who have been excluded from work due to COVID-19 are allowed to return when the aforementioned criteria are satisfied. Employers should communicate these return to work criteria to employees, including at the time employees are excluded due to COVID-19 cases or exposure, and develop a system for requiring employees to confirm that the return to work criteria have been satisfied.

8. Outbreaks

We’ve already seen “outbreak” definitions and requirements set forth in other CA COVID-19 related laws and guidance such as AB 685, SB 1159, Employer’s Playbook and local orders. The new regulation adds yet another twist to this, imposing substantial testing, investigation, correction and notification requirements on employers when there is an “outbreak” in the workplace. This is defined as either: “Multiple COVID-19 Infections and COVID-19 Outbreaks,” which applies to a place of employment that has been identified by a local health department as the location of a COVID-19 outbreak or when there are three or more COVID-19 cases in an exposed workplace within a 14-day period, or “Major COVID-19 Outbreaks,” which applies when there are 20 or more COVID-19 cases in an exposed workplace within a 30-day period.

COVID-19 “Outbreak” Testing Requirements – Under the Multiple COVID-19 Infections and COVID-19 Outbreaks scenario, employers shall provide COVID-19 testing to all employees at the exposed workplace during the period of the outbreak or the relevant 14-day period. This testing must be offered at no charge, during employee working hours, and immediately upon being covered by this outbreak definition. Employers must then offer this same testing again one week later for the same employees. After the first two required COVID-19 tests, employers shall provide continuous COVID-19 testing of employees who remain at the workplace at least once per week, or provide testing more frequently if recommended by the local health department.

If a “Major COVID-19 Outbreak” occurs, employers shall provide testing for all employees present at the exposed workplace during the relevant 30-day period(s) and who remain at the workplace. This testing must be offered at no charge, during employee working hours, and twice a week or more frequently if recommended by the local health department.

In addition to the onerous COVID-19 testing requirements, employers with an outbreak under either of these definitions shall also exclude all COVID-19 cases and employees with a COVID-19 exposure, conduct an investigation of the COVID-19 illness, and provide specific notice the local health department within no longer than 48-hours after knowledge of the outbreak. There are also hazard assessment and correction criteria depending on the outbreak definition at play, including, but not limited to assessing updates to ventilation systems, evaluating halting operations.

If one of the two outbreak definitions is met, the requirements of the particular outbreak apply until there are no new COVID-19 cases detected in a workplace for a 14-day period.

What You Should Do Next – You should evaluate all the requirements imposed when an outbreak occurs and have protocols for testing, employee exclusion, investigation, assessment, correction and notice in place and ready to go if needed.

9. Employer-Provided Housing And Transportation

The emergency regulation also provides some special rules for employers that provide housing and transportation to employees. These provisions will apply most commonly to agriculture, but will also potentially apply to any business (such as certain hospitality employers) that provide housing and/or transportation to their workers.

If you provide housing for employees, you will be required to implement priority housing assignments based on individuals who work together on the same crew or shift. Additionally, you must be able to ensure sufficient space in the units to permit social distancing while the employees are in the various units, and you are responsible for ensuring the units are cleaned at least once a day. If residents are exposed to COVID-19, you must isolate that employee by providing a private bathroom, sleeping area, cooking and eating facility.

If you provide transportation, employees must be screened before boarding, sit at least three feet apart, and wear face coverings during transportation.

What You Should Do Next – Employers in industries that provide employee housing or transportation should carefully review the provisions of the new standard that apply to the provision of those benefits. Many of these requirements will necessitate the purchase of equipment or other investments that will be costly to implement.

Next Steps

California employers will need to take immediate heed of these new requirements. While some of the emergency standard provisions reflect public health orders or previous Cal/OSHA voluntary guidance that many employers are already following, there are many specific requirements that are new and significant.

Unfortunately, there is not a lot of time for California employers to act. As discussed above, this new standard went into effect November 30,2020. And as a formal Cal/OSHA emergency standard, the stakes for compliance are now much higher. Cal/OSHA may now cite and pursue significant civil penalties against an employer who does not comply with the new requirements.

For further information, contact your Fisher Phillips attorney, any attorney in our California offices, or any member of our Post-Pandemic Strategy Group Roster.

Fisher Phillips will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ Alert System to get the most up-to-date information. For a more thorough analysis of the many issues you may encounter from a labor and employment perspective, we recommend you review our FP BEYOND THE CURVE: Post-Pandemic Back-To-Business FAQs For Employers and our FP Resource Center For Employers.

This Legal Alert provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

Robert Smith
Executive Director
Fisher Phillips Safety Solutions
rsmith@fpsafetysolutions.com
O: (404) 240-4147 | C:(757) 589-5391

Congratulations to these Marinas for their Clean Marine Certifications

Outdoor Recreation and the Marina Industry had a banner year this season. We are pleased to announce the Clean Marine Certifications:

- The Boat Yard Marina - Marina Del Rey, CA

- Sun Harbor Marina - San Diego, CA

- Martinez Marina - Martinez, CA

- Sunnyside Marina - Lake Tahoe, CA

- Obexer's Boat Company - Lake Tahoe, CA

- KKMI - Pt. Richmond, CA

- Homewood High & Dry - Lake Tahoe, CA

- Camp Richardson - Lake Tahoe, CA

A very special 'Thank you' to all of our members, reviewers and directors that worked diligently to get these certifications complete. Many more Clean Marine Certifications are on the schedule for New and Recertifications in 2021.

If you know any one that is interested in becoming a Clean Marine for their Boat Yard or Marina, please share with us at shipshape@cleanmarine.org. We have a year-round mentoring program led by veteran reviewers, directors and members. We are here to help!

For the Marina Bulletin Board

Don’t Make Your Boat Look Like a Christmas Tree

BoatUS advises boaters about unsafe decorative lighting when navigating

Boaters looking to buy themselves a Christmas gift may be thinking about adding some “bling” to the boat – multicolored decorative LED deck and space lighting. Just don’t light your boat up like a Christmas tree, says the BoatUS Foundation for Boating Safety and Clean Water. Extra lights installed in the wrong place could cause other boaters to misinterpret your boat’s navigation lights and present a safety hazard.

“Today’s decorative lighting options, from ropes to underwater lighting, allow DIYers to personalize their boats,” said BoatUS Foundation for Boating Safety and Clean Water President Chris Edmonston. “The challenge comes when the boat is underway. Decorative lights installed in the wrong location may cause others to misinterpret your vessel’s red, green and white navigation lighting. Bright lights of many colors can also reduce your night vision and hamper your ability to safely navigate.”

The BoatUS Foundation has two tips when shopping for and installing decorative boat lights:

1. When underway, avoid displaying any light that could be confused as a navigation light or another type of vessel. When installing decorative LED lighting, running wiring to a single master switch allows you to easily turn off all nonessential lights before heading out. Remember, flashing blue lights are reserved for law enforcement – at a distance, wave action combined with the steady rocking of high-intensity blue lights below the waterline can give the appearance of a police vessel.

2. Don’t install decorative lights that prevent the operator from maintaining a good lookout. When running between sunset and sunrise, it’s critical that those behind the wheel maintain their night vision, so the number-one goal is to keep light out of the operator’s eyes. Glare from aesthetic lighting such as LED rope lights wrapped around a helm station can hinder night vision.

 Construction Corner

Marin Yacht Club: The Benefit of Regular Marina Maintenance

Less than an hour outside of San Francisco, across the Golden Gate Bridge rests the Marin Yacht Club. The private marina club includes 115 boat slips ranging from 30 - 80 lineal feet and sits on the banks of San Rafael Creek which feeds into the northern part of the San Francisco Bay. The Marin Yacht Club was formed in October of 1935 as a social and educational club, but its origins are as early as 1929 when the group was known as “The Yachting Annex of the Marin Golf and Country Club”. Although the club has a long history, its governance has been forward looking, and they have taken a proactive approach in their efforts to maintain the facilities.  Rather than waiting for the dock’s system to extend past its useful life, the club has taken preventative maintenance precautions which have allowed the club to run efficiently by identifying issues before they negatively impact the club’s operations. The Marin Yacht Club has worked with Bellingham Marine for many years and has completed various repair and upgrade projects in the past. These projects include replacement of walers, rods and floats for both structural, safety and cosmetic reasons.  The facility also benefits from a full time onsite member of staff that regularly performs maintenance.

The recent renovations at the California club were comprised of three main components: replacement of a main gangway landing area, replacing several multi-piece fingers, and upgrading to an improved waler system. The original multi-float gangway landing consisted of a group of floats attached by walers and was replaced with a match-cast float aimed to correct listing and uneven floats. The process of manufacturing a match-cast system begins with one float and then casting the secondary unit using the side of the adjacent float as a form. The method includes forming interlocking ‘shear keys’ so that modules fit together seamlessly.  Rods along the top and bottom of the floats create a rigid foundation that mimics the feel of walking on a solid concrete foundation on land.

To increase stability and consistency across the Marin Yacht Club’s marina, Bellingham Marine replaced numerous fingers that showed signs of aging. The multi-piece fingers were replaced with single-piece fingers to eliminate future twisting and listing. Bellingham also replaced the older style, double 2”x10” walers with a single glued lamented waler (glue-lam) system. The upgrade allows for a sturdier system without compromising the slip size or configuration. The engineered single glue-lam walers are stronger and less susceptible to warping.

The Club’s decision to take a proactive approach to maintenance has proven benefits as demonstrated by the marina’s longevity. The upgrades not only serve a functional role but also ensure a pleasant aesthetic for the yacht club’s slip holders. In partnership with Bellingham Marine, Marin Yacht Club has undergone several upgrades to assure that the marina operates effortlessly both now and in the future. This all results in the marina’s success as indented by design.