AB 1312: Ballast water management.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-08
The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.
This bill would define the term port for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessels departure from each California port of call.
This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives at that California port or, if a vessels voyage is less than 24 hours in total duration, prior to departing the port of departure.
The act requires the commission to adopt specified regulations, on or before January 1, 2008, that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. The act specifies that if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.
This bill would instead require the commission to adopt regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with that interim performance standard either upon first arrival at a California port for new vessels constructed on or after January 1, 2020, or as of the first scheduled drydocking on or after January 1, 2020, for all other vessels, as applicable, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030. This bill would also extend to January 1, 2020, the operation of those provisions governing the compliance of experimental ballast water treatment systems with those specified interim performance standards.
The act requires the commission, in coordination with the United States Coast Guard, to take samples of ballast water and sediment from at least 25% of the arriving vessels subject to the act.
This bill would instead require the commission, in coordination with the United States Coast Guard, to take samples of ballast water, sediment, and biofouling from and inspect at least 25% of the arriving vessels subject to the act.
The act requires the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and a specified technical advisory group, to prepare and submit to the Legislature, on or before January 1, 2006, a specified report on the release of nonindigenous species from vessels.
This bill would delete that obsolete reporting requirement, and make various other changes relating to implementation of the act.
The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.
This bill would define the term port for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessels departure from each California port of call.
This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives at that California port or, if a vessels voyage is less than 24 hours in total duration, prior to departing the port of departure.
The act requires the commission to adopt specified regulations, on or before January 1, 2008, that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. The act specifies that if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.
This bill would instead require the commission to adopt regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with that interim performance standard either upon first arrival at a California port for new vessels constructed on or after January 1, 2020, or as of the first scheduled drydocking on or after January 1, 2020, for all other vessels, as applicable, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030. This bill would also extend to January 1, 2020, the operation of those provisions governing the compliance of experimental ballast water treatment systems with those specified interim performance standards.
The act requires the commission, in coordination with the United States Coast Guard, to take samples of ballast water and sediment from at least 25% of the arriving vessels subject to the act.
This bill would instead require the commission, in coordination with the United States Coast Guard, to take samples of ballast water, sediment, and biofouling from and inspect at least 25% of the arriving vessels subject to the act.
The act requires the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and a specified technical advisory group, to prepare and submit to the Legislature, on or before January 1, 2006, a specified report on the release of nonindigenous species from vessels.
This bill would delete that obsolete reporting requirement, and make various other changes relating to implementation of the act.
The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.
This bill would define the term port for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable or of carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessels departure from each California port of call.
This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives to at that California port or, if a vessels voyage is less than 24 hours in total duration, prior to departing the port of departure.
The act requires the commission to adopt specified regulations, on or before January 1, 2008, that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. The act specifies that if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.
This bill would instead require the commission to adopt regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with that interim performance standard by either upon first arrival at a California port for new vessels constructed on or after January 1, 2020, or as of the first scheduled drydocking on or after January 1, 2020, for all other vessels, as applicable, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by 2026. January 1, 2030. This bill would also extend to January 1, 2020, the operation of those provisions governing the compliance of experimental ballast water treatment systems with those specified interim performance standards.
The act requires the commission, in coordination with the United States Coast Guard, to take samples of ballast water and sediment from at least 25% of the arriving vessels subject to the act.
This bill would instead require the commission, in consultation with the United States Coast Guard, to take samples of ballast water, sediment, and biofouling from and inspect at least 25% of the arriving vessels subject to the act.
The act requires the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and a specified technical advisory group, to prepare and submit to the Legislature, on or before January 1, 2006, a specified report on the release of nonindigenous species from vessels.
This bill would delete that obsolete reporting requirement, and make various other changes relating to implementation of the act.
The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.
This bill would define the term port for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable or carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessels departure from each California port of call.
This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives to that California port or, if a vessels voyage is less than 24 hours in total duration, prior to departing the port of departure.
The act requires the commission to adopt specified regulations, on or before January 1, 2008, that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. The act specifies that if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.
This bill would instead require the commission to adopt regulations that require, on and after January 1, 2020, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with that interim performance standard by January 1, 2020, and meet the performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes, as described. classes by 2026. This bill would also extend to January 1, 2020, the operation of those provisions governing the compliance of experimental ballast water treatment systems with those specified interim performance standards.
The act requires the commission, in coordination with the United States Coast Guard, to take samples of ballast water and sediment from at least 25% of the arriving vessels subject to the act.
This bill would instead require the commission, in consultation with the United States Coast Guard, to take samples and inspect at least 25% of the arriving vessels subject to the act.
The act requires the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and a specified technical advisory group, to prepare and submit to the Legislature, on or before January 1, 2006, a specified report on the release of nonindigenous species from vessels.
This bill would delete that obsolete reporting requirement, and make various other changes relating to implementation of the act.
The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.
This bill would define the term port for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable or carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessels departure from each California port of call.
This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives to that California port or, if a vessels voyage is less than 24 hours in total duration, prior to departing the port of departure.
The act requires the commission to adopt specified regulations, on or before January 1, 2008, that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. The act specifies that if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.
This bill would instead require the commission to adopt regulations that require, on and after January 1, 2020, an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes, as described. This bill would also extend to January 1, 2020, the operation of those provisions governing the compliance of experimental ballast water treatment systems with those specified interim performance standards.
The act requires the commission, in coordination with the United States Coast Guard, to take samples of ballast water and sediment from at least 25% of the arriving vessels subject to the act.
This bill would instead require the commission, in consultation with the United States Coast Guard, to take samples and inspect at least 25% of the arriving vessels subject to the act.
The act requires the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and a specified technical advisory group, to prepare and submit to the Legislature, on or before January 1, 2006, a specified report on the release of nonindigenous species from vessels.
This bill would delete that obsolete reporting requirement, and make various other changes relating to implementation of the act.
Unless the context otherwise requires, the following definitions govern the construction of this division:
(a)Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(b)Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(c)Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.
(d)Board means the State Water Resources Control Board.
(e)Coastal waters means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.
(f)Commission means the State Lands Commission.
(g)EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.
(h)Exchange means to replace the water in a ballast tank using either of the following methods:
(1)Flow through exchange, which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
(2)Empty/refill exchange, which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters.
(i)Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.
(j)Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.
(k)Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 degrees N latitude, exclusive of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.
(l)Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.
(m)Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(n)Sediments means matter settled out of ballast water within a vessel.
(o)Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.
(p)Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.
(q)Vessel means a vessel of 300 gross registered tons or more.
(r)Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
SEC. 2.Section 71204.2 of the Public Resources Code is repealed.SEC. 3.Section 71204.3 of the Public Resources Code is amended to read:71204.3.(a)The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c)Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(1)Exchange the vessels ballast water in mid-ocean waters, before entering the coastal waters of the state.
(2)Retain all ballast water on board the vessel.
(3)(A)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(B)For purposes of this paragraph, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded.
(4)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(5)Discharge the ballast water to a reception facility approved by the commission.
(6)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 4.Section 71204.7 of the Public Resources Code is amended to read:71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.
(b)The regulations shall include criteria for the development of a formal application package to use those systems.
(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.
(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.
(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.
(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 5.Section 71205 of the Public Resources Code is amended to read:71205.(a)(1)The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessels voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.
(2)The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.
(b)If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessels departure from each port of call in California.
(c)(1)The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:
(A)Vessel information, including all of the following:
(i)Name.
(ii)International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.
(iii)Vessel type.
(iv)Owner or operator.
(v)Gross tonnage.
(vi)Call sign.
(vii)Port of registry.
(B)Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.
(C)Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).
(D)Ballast water management information, including all of the following:
(i)The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.
(ii)If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.
(iii)Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.
(iv)Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.
(E)Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:
(i)The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.
(ii)The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.
(iii)The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.
(F)Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.
(G)Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.
(H)Changes to previously submitted information.
(2)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.
(d)The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.
(e)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.
(2)(A)The information described in subdivision (f) shall be submitted using a form developed by the commission.
(B)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.
(f)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:
(1)(A)Date and location of drydocking events.
(B)Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.
(2)Date and geographic location of all inwater cleaning of the wetted portion of the vessel.
(3)(A)Date and geographic location of all antifouling paint applications to the vessel.
(B)The manufacturer and brand name of the antifouling paint applied to the vessel.
(4)Any additional information required by the commission by rule or regulation.
(g)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:
(A)The manufacturer and product name of the ballast water treatment system on board the vessel.
(B)If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.
(C)The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.
(D)Any additional information required by the commission by rule or regulation.
(2)The information required by paragraph (1) shall be provided on a form developed by the commission.
(h)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:
(1)Copies of all reports and forms described in subdivision (g), submitted to the commission.
(2)Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.
(3)System manufacturers technical guides, publications, and manuals.
(4)Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:
(A)The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.
(B)System malfunctions or unexpected situations, including problem resolution.
(C)Both scheduled and unscheduled maintenance of the system.
(D)All relevant measures of performance recorded during system operation.
(E)Any additional information required by the commission by rule or regulation.
SEC. 6.Section 71205.3 of the Public Resources Code is amended to read:71205.3.(a)The commission shall adopt regulations that do all of the following:
(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.
(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:
(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.
(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.
(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.
(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 7.Section 71206 of the Public Resources Code is amended to read:71206.(a)The commission, in coordination with the United States Coast Guard, shall take samples of ballast water, sediment, and biofouling from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.
(b)The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division.
(c)The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.
SEC. 8.Section 71207 of the Public Resources Code is amended to read:71207.(a)Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.
(b)A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).
(c)The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.
SEC. 9.Section 71210.5 of the Public Resources Code is repealed.Unless the context otherwise requires, the following definitions govern the construction of this division:
(a)Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(b)Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(c)Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.
(d)Board means the State Water Resources Control Board.
(e)Coastal waters means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.
(f)Commission means the State Lands Commission.
(g)EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.
(h)Exchange means to replace the water in a ballast tank using either of the following methods:
(1)Flow through exchange, which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
(2)Empty/refill exchange, which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters.
(i)Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.
(j)Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.
(k)Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 degrees N latitude, exclusive of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.
(l)Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.
(m)Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(n)Sediments means matter settled out of ballast water within a vessel.
(o)Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.
(p)Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.
(q)Vessel means a vessel of 300 gross registered tons or more.
(r)Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
SEC. 2.Section 71204.2 of the Public Resources Code is repealed.SEC. 3.Section 71204.3 of the Public Resources Code is amended to read:71204.3.(a)The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c)Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(1)Exchange the vessels ballast water in mid-ocean waters, before entering the coastal waters of the state.
(2)Retain all ballast water on board the vessel.
(3)(A)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(B)For purposes of this paragraph, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded.
(4)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(5)Discharge the ballast water to a reception facility approved by the commission.
(6)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 4.Section 71204.7 of the Public Resources Code is amended to read:71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.
(b)The regulations shall include criteria for the development of a formal application package to use those systems.
(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.
(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.
(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.
(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 5.Section 71205 of the Public Resources Code is amended to read:71205.(a)(1)The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessels voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.
(2)The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.
(b)If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessels departure from each port of call in California.
(c)(1)The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:
(A)Vessel information, including all of the following:
(i)Name.
(ii)International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.
(iii)Vessel type.
(iv)Owner or operator.
(v)Gross tonnage.
(vi)Call sign.
(vii)Port of registry.
(B)Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.
(C)Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).
(D)Ballast water management information, including all of the following:
(i)The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.
(ii)If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.
(iii)Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.
(iv)Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.
(E)Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:
(i)The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.
(ii)The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.
(iii)The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.
(F)Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.
(G)Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.
(H)Changes to previously submitted information.
(2)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.
(d)The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.
(e)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.
(2)(A)The information described in subdivision (f) shall be submitted using a form developed by the commission.
(B)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.
(f)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:
(1)(A)Date and location of drydocking events.
(B)Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.
(2)Date and geographic location of all inwater cleaning of the wetted portion of the vessel.
(3)(A)Date and geographic location of all antifouling paint applications to the vessel.
(B)The manufacturer and brand name of the antifouling paint applied to the vessel.
(4)Any additional information required by the commission by rule or regulation.
(g)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:
(A)The manufacturer and product name of the ballast water treatment system on board the vessel.
(B)If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.
(C)The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.
(D)Any additional information required by the commission by rule or regulation.
(2)The information required by paragraph (1) shall be provided on a form developed by the commission.
(h)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:
(1)Copies of all reports and forms described in subdivision (g), submitted to the commission.
(2)Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.
(3)System manufacturers technical guides, publications, and manuals.
(4)Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:
(A)The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.
(B)System malfunctions or unexpected situations, including problem resolution.
(C)Both scheduled and unscheduled maintenance of the system.
(D)All relevant measures of performance recorded during system operation.
(E)Any additional information required by the commission by rule or regulation.
SEC. 6.Section 71205.3 of the Public Resources Code is amended to read:71205.3.(a)The commission shall adopt regulations that do all of the following:
(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.
(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:
(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.
(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.
(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.
(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 7.Section 71206 of the Public Resources Code is amended to read:71206.(a)The commission, in coordination with the United States Coast Guard, shall take samples of ballast water, sediment, and biofouling from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.
(b)The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division.
(c)The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.
SEC. 8.Section 71207 of the Public Resources Code is amended to read:71207.(a)Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.
(b)A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).
(c)The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.
SEC. 9.Section 71210.5 of the Public Resources Code is repealed.Unless the context otherwise requires, the following definitions govern the construction of this division:
(a)Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(b)Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(c)Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.
(d)Board means the State Water Resources Control Board.
(e)Coastal waters means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.
(f)Commission means the State Lands Commission.
(g)EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.
(h)Exchange means to replace the water in a ballast tank using either of the following methods:
(1)Flow through exchange, which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
(2)Empty/refill exchange, which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters.
(i)Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.
(j)Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.
(k)Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 degrees N latitude, exclusive of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.
(l)Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.
(m)Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(n)Sediments means matter settled out of ballast water within a vessel.
(o)Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.
(p)Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.
(q)Vessel means a vessel of 300 gross registered tons or more.
(r)Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
SEC. 2.Section 71204.2 of the Public Resources Code is repealed.SEC. 3.Section 71204.3 of the Public Resources Code is amended to read:71204.3.(a)The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c)Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(1)Exchange the vessels ballast water in mid-ocean waters, before entering the coastal waters of the state.
(2)Retain all ballast water on board the vessel.
(3)(A)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(B)For purposes of this paragraph, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded.
(4)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(5)Discharge the ballast water to a reception facility approved by the commission.
(6)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 4.Section 71204.7 of the Public Resources Code is amended to read:71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.
(b)The regulations shall include criteria for the development of a formal application package to use those systems.
(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3, as those paragraphs read on December 31, 2015, 71205.3 would apply to that vessel.
(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.
(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.
(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 5.Section 71205 of the Public Resources Code is amended to read:71205.(a)(1)The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessels voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.
(2)The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.
(b)If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessels departure from each port of call in California.
(c)(1)The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:
(A)Vessel information, including all of the following:
(i)Name.
(ii)International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.
(iii)Vessel type.
(iv)Owner or operator.
(v)Gross tonnage.
(vi)Call sign.
(vii)Port of registry.
(B)Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.
(C)Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).
(D)Ballast water management information, including all of the following:
(i)The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.
(ii)If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.
(iii)Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.
(iv)Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.
(E)Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:
(i)The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.
(ii)The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.
(iii)The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.
(F)Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.
(G)Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.
(H)Changes to previously submitted information.
(2)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.
(d)The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.
(e)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.
(2)(A)The information described in subdivision (f) shall be submitted using a form developed by the commission.
(B)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.
(f)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:
(1)(A)Date and location of drydocking events.
(B)Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.
(2)Date and geographic location of all inwater cleaning of the wetted portion of the vessel.
(3)(A)Date and geographic location of all antifouling paint applications to the vessel.
(B)The manufacturer and brand name of the antifouling paint applied to the vessel.
(4)Any additional information required by the commission by rule or regulation.
(g)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:
(A)The manufacturer and product name of the ballast water treatment system on board the vessel.
(B)If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.
(C)The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.
(D)Any additional information required by the commission by rule or regulation.
(2)The information required by paragraph (1) shall be provided on a form developed by the commission.
(h)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:
(1)Copies of all reports and forms described in subdivision (g), submitted to the commission.
(2)Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.
(3)System manufacturers technical guides, publications, and manuals.
(4)Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:
(A)The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.
(B)System malfunctions or unexpected situations, including problem resolution.
(C)Both scheduled and unscheduled maintenance of the system.
(D)All relevant measures of performance recorded during system operation.
(E)Any additional information required by the commission by rule or regulation.
SEC. 6.Section 71205.3 of the Public Resources Code is amended to read:71205.3.(a)The commission shall adopt regulations that do all of the following:
(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.
(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by January 1, 2020. the applicable following date:
(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.
(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.
(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by 2026. January 1, 2030.
(b)(1)Not less than 18 months prior to the scheduled compliance date specified in paragraph (2) of subdivision (a) and the date for implementation of the final performance standard, as specified in paragraph (3) of subdivision (a), January 1, 2020, and January 1, 2030, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
(2)(A)The requirements requirement for submitting reports a report imposed under this subdivision are is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2030, respectively, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 7.Section 71206 of the Public Resources Code is amended to read:71206.(a)The commission, in coordination with the United States Coast Guard, shall take samples of ballast water, sediment, and biofouling from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.
(b)The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division.
(c)The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.
SEC. 8.Section 71207 of the Public Resources Code is amended to read:71207.(a)Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.
(b)A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).
(c)The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.
SEC. 9.Section 71210.5 of the Public Resources Code is repealed.Unless the context otherwise requires, the following definitions govern the construction of this division:
(a)Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(b)Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(c)Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.
(d)Board means the State Water Resources Control Board.
(e)Coastal waters means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.
(f)Commission means the State Lands Commission.
(g)EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.
(h)Exchange means to replace the water in a ballast tank using either of the following methods:
(1)Flow through exchange, which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
(2)Empty/refill exchange, which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters.
(i)Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.
(j)Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.
(k)Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 degrees N latitude, exclusive of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.
(l)Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.
(m)Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(n)Sediments means matter settled out of ballast water within a vessel.
(o)Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.
(p)Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.
(q)Vessel means a vessel of 300 gross registered tons or more.
(r)Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
SEC. 2.Section 71204.2 of the Public Resources Code is repealed.SEC. 3.Section 71204.3 of the Public Resources Code is amended to read:71204.3.(a)The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c)Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(1)Exchange the vessels ballast water in mid-ocean waters, before entering the coastal waters of the state.
(2)Retain all ballast water on board the vessel.
(3)(A)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(B)For purposes of this paragraph, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded.
(4)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(5)Discharge the ballast water to a reception facility approved by the commission.
(6)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 4.Section 71204.5 of the Public Resources Code is repealed.SEC. 3.Section 71204.3 of the Public Resources Code is amended to read:71204.3.Commencing on (a)The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c)Prior to and until the date of implementation of the regulations described in Section 71204.5, subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port or place from a port or place outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(a)
(1)Exchange the vessels ballast water in mid-ocean waters, before entering the coastal waters of the state.
(b)
(2)Retain all ballast water on board the vessel.
(c)(1)
(3)(A)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(2)
(B)For purposes of this subdivision, paragraph, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port or place, port, at which the ballast water to be discharged was loaded.
(d)
(4)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(e)
(5)Discharge the ballast water to a reception facility approved by the commission.
(f)
(6)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 5.SEC. 4.Section 71204.7 of the Public Resources Code is amended to read:71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.
(b)The regulations shall include criteria for the development of a formal application package to use those systems.
(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3, as those paragraphs read on December 31, 2015, would apply to that vessel.
(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.
(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.
(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 6.SEC. 5.Section 71205 of the Public Resources Code is amended to read:71205.(a)(1)The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessels voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.
(2)The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.
(b)If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessels departure from each port of call in California.
(c)(1)The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:
(A)Vessel information, including all of the following:
(i)Name.
(ii)International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.
(iii)Vessel type.
(iv)Owner or operator.
(v)Gross tonnage.
(vi)Call sign.
(vii)Port of registry.
(B)Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.
(C)Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).
(D)Ballast water management information, including all of the following:
(i)The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.
(ii)If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.
(iii)Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.
(iv)Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.
(E)Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:
(i)The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.
(ii)The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.
(iii)The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.
(F)Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.
(G)Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.
(H)Changes to previously submitted information.
(2)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.
(d)The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.
(e)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.
(2)(A)The information described in subdivision (f) shall be submitted using a form developed by the commission.
(B)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.
(f)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:
(1)(A)Date and location of drydocking events.
(B)Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.
(2)Date and geographic location of all inwater cleaning of the wetted portion of the vessel.
(3)(A)Date and geographic location of all antifouling paint applications to the vessel.
(B)The manufacturer and brand name of the antifouling paint applied to the vessel.
(4)Any additional information required by the commission by rule or regulation.
(g)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:
(A)The manufacturer and product name of the ballast water treatment system on board the vessel.
(B)If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.
(C)The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.
(D)Any additional information required by the commission by rule or regulation.
(2)The information required by paragraph (1) shall be provided on a form developed by the commission.
(h)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:
(1)Copies of all reports and forms described in subdivision (g), submitted to the commission.
(2)Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.
(3)System manufacturers technical guides, publications, and manuals.
(4)Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:
(A)The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.
(B)System malfunctions or unexpected situations, including problem resolution.
(C)Both scheduled and unscheduled maintenance of the system.
(D)All relevant measures of performance recorded during system operation.
(E)Any additional information required by the commission by rule or regulation.
SEC. 7.Section 71205.3 of the Public Resources Code is amended to read:71205.3.(a)Notwithstanding Section 71204.7, the commission shall adopt regulations that require, on and after January 1, 2020, an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes. Organism size classes include all of the following:
(1)Organisms greater than 50 micrometers in minimum dimension.
(2)Organisms equal to or less than 50 micrometers and greater than or equal to 10 micrometers in minimum dimension.
(3)Organisms less than 10 micrometers in minimum dimension, including: Escherichia coli, intestinal enterococci, and toxigenic Vibrio cholerae (serotypes 01 and 0139).
(4)Bacteria.
(5)Viruses.
(b) On or before July 1, 2018, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standard are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
SEC. 6.Section 71205.3 of the Public Resources Code is amended to read:71205.3.(a)On or before January 1, 2008, the The commission shall adopt regulations that do all of the following:
(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.
(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the following implementation schedule: interim performance standards by January 1, 2020.
| Ballast water capacity of vessel | Standards apply to new vessels in this size class constructed on or after: | Standards apply to all other vessels in this size class beginning on: |
| <1500 metric tons | January 1, 2016 | January 1, 2018 |
| 1500-5000 metric tons | January 1, 2016 | January 1, 2016 |
| >5000 metric tons | January 1, 2016 | January 1, 2018 |
(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020, as approved by the commission on January 26, 2006. 2026.
(b)(1)Not less than 18 months prior to the scheduled compliance date specified in paragraph (2) of subdivision (a) for each subsequent class and the date for implementation of the final performance standard, as specified in paragraph (3) of subdivision (a), the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
(2)(A)The requirements for submitting reports imposed under this subdivision are inoperative on January 1, 2024, and January 1, 2030, respectively, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 8.SEC. 7.Section 71206 of the Public Resources Code is amended to read:71206.(a)The commission, in coordination with the United States Coast Guard, shall take samples and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.
(b)The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division.
(c)The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.
SEC. 9.SEC. 8.Section 71207 of the Public Resources Code is amended to read:71207.(a)Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.
(b)A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).
(c)The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.
SEC. 10.SEC. 9.Section 71210.5 of the Public Resources Code is repealed.Unless the context otherwise requires, the following definitions govern the construction of this division:
(a)Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(b)Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(c)Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.
(d)Board means the State Water Resources Control Board.
(e)Coastal waters means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean.
(f)Commission means the State Lands Commission.
(g)EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.
(h)Exchange means to replace the water in a ballast tank using either of the following methods:
(1)Flow through exchange, which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank.
(2)Empty/refill exchange, which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters.
(i)Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.
(j)Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.
(k)Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 degrees N latitude, exclusive of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.
(l)Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.
(m)Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(m)
(n)Sediments means matter settled out of ballast water within a vessel.
(n)
(o)Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.
(o)
(p)Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.
(p)
(q)Vessel means a vessel of 300 gross registered tons or more.
(q)
(r)Voyage means any transit by a vessel destined for a California port or place from a port or place outside of the coastal waters of the state.
SEC. 2.Section 71204.2 of the Public Resources Code is repealed.71204.2.Prior to and until the date of implementation of the regulations described in Section 71204.5, and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port or place from a port or place outside of the EEZ shall employ at least one of the following ballast water management practices:
(a)Exchange the vessels ballast water in mid-ocean waters, before entering the waters of the state.
(b)Retain all ballast water on board the vessel.
(c)(1)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(2)For purposes of this subdivision, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port or place, at which the ballast water to be discharged was loaded.
(d)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(e)Discharge the ballast water to a reception facility approved by the commission.
(f)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 3.Section 71204.3 of the Public Resources Code is amended to read:71204.3.Commencing on
71204.3.(a)The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c)Prior to and until the date of implementation of the regulations described in Section 71204.5, subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(a)
(1)Exchange the vessels ballast water in mid-ocean waters, before entering the coastal waters of the state.
(b)
(2)Retain all ballast water on board the vessel.
(c)(1)
(3)(A)Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(2)
(B)For purposes of this subdivision, paragraph, same location means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port or place, port, at which the ballast water to be discharged was loaded.
(d)
(4)Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(e)
(5)Discharge the ballast water to a reception facility approved by the commission.
(f)
(6)Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
SEC. 4.Section 71204.5 of the Public Resources Code is repealed.71204.5.(a)On or before January 1, 2005, the commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port or place from a port or place within the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b)Subject to Section 71203, and commencing no later than July 1, 2005, the master, operator, or person in charge of a vessel arriving at a California port or place from a port or place within the Pacific Coast Region shall comply with these regulations.
SEC. 5.Section 71204.7 of the Public Resources Code is amended to read:71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.
(b)The regulations shall include criteria for the development of a formal application package to use those systems.
(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 71205.3, as those paragraphs read on December 31, 2015, would apply to that vessel.
(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.
(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.
(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 6.Section 71205 of the Public Resources Code is amended to read:71205.(a)(1)The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port or place, port, shall provide the information described in subdivision (c) in electronic or written form to the commission upon the vessels departure from each port or place of call in California. at least 24 hours before the vessel arrives at that California port. If a vessels voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.
(2)The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.
(b)If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessels departure from each port or place of call in California.
(c)(1)The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:
(A)Vessel information, including all of the following:
(i)Name.
(ii)International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.
(iii)Vessel type.
(iv)Owner or operator.
(v)Gross tonnage.
(vi)Call sign.
(vii)Port of registry.
(B)Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.
(C)Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).
(D)Ballast water management information, including all of the following:
(i)The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.
(ii)If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.
(iii)Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.
(iv)Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.
(E)Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:
(i)The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.
(ii)The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.
(iii)The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.
(F)Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.
(G)Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.
(H)Changes to previously submitted information.
(2)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.
(d)The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.
(e)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.
(2)(A)The information described in subdivision (f) shall be submitted using a form developed by the commission.
(B)The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.
(f)The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:
(1)(A)Date and location of drydocking events.
(B)Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.
(2)Date and geographic location of all inwater cleaning of the wetted portion of the vessel.
(3)(A)Date and geographic location of all antifouling paint applications to the vessel.
(B)The manufacturer and brand name of the antifouling paint applied to the vessel.
(4)Any additional information required by the commission by rule or regulation.
(g)(1)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board that is used to comply with this division and has discharged ballast in waters of the state shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:
(A)The manufacturer and product name of the ballast water treatment system on board the vessel.
(B)If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.
(C)The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.
(D)Any additional information required by the commission by rule or regulation.
(2)The information required by paragraph (1) shall be provided on a form developed by the commission.
(h)The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board that is used to comply with this division shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:
(1)Copies of all reports and forms described in subdivision (g), submitted to the commission.
(2)Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.
(3)System manufacturers technical guides, publications, and manuals.
(4)Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:
(A)The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.
(B)System malfunctions or unexpected situations, including problem resolution.
(C)Both scheduled and unscheduled maintenance of the system.
(D)All relevant measures of performance recorded during system operation.
(E)Any additional information required by the commission by rule or regulation.
SEC. 7.Section 71205.3 of the Public Resources Code is amended to read:71205.3.(a)On or before January 1, 2008, the commission shall adopt regulations that do all of the following:
(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.
(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the following implementation schedule:
| Ballast water capacity of vessel | Standards apply to new vessels in this size class constructed on or after: | Standards apply to all other vessels in this size class beginning on: |
| <1500 metric tons | January 1, 2016 | January 1, 2018 |
| 1500-5000 metric tons | January 1, 2016 | January 1, 2016 |
| >5000 metric tons | January 1, 2016 | January 1, 2018 |
(3)
71205.3.(a)Notwithstanding Section 71204.7, require the commission shall adopt regulations that require, on and after January 1, 2020, an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by 2020, as approved by the commission on January 26, 2006. Organism size classes include all of the following:
(1)Organisms greater than 50 micrometers in minimum dimension.
(2)Organisms equal to or less than 50 micrometers and greater than or equal to 10 micrometers in minimum dimension.
(3)Organisms less than 10 micrometers in minimum dimension, including: Escherichia coli, intestinal enterococci, and toxigenic Vibrio cholerae (serotypes 01 and 0139).
(4)Bacteria.
(5)Viruses.
(b)Not less than 18 months prior to the scheduled compliance date specified in paragraph (2) of subdivision (a) for each subsequent class and the date for implementation of the final performance standard, as specified in paragraph (3) of subdivision (a), On or before July 1, 2018, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards standard are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
SEC. 8.Section 71206 of the Public Resources Code is amended to read:71206.(a)The commission, in coordination with the United States Coast Guard, shall take samples of ballast water and sediment from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.
(b)The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required by Section 71205. to be maintained by this division.
(c)The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.
SEC. 9.Section 71207 of the Public Resources Code is amended to read:71207.(a)This division describes the state program to regulate the discharge or release of ballast water and other vectors of nonindigenous species from vessels regulated pursuant to this division. Prior to January 1, 2010, a state agency, board, commission, or department shall not impose a requirement, pertaining to the discharge or release of ballast water and other vectors of nonindigenous species from a vessel regulated pursuant to this division, that is different from the requirements set forth in this division, unless that action is mandated by federal law.
(b)
71207.(a)Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.
(c)
(b)A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).
(d)
(c)The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.
SEC. 10.Section 71210.5 of the Public Resources Code is repealed.71210.5.The commission, in consultation with the board, the United States Coast Guard, and a technical advisory group made up of interested persons including, but not limited to, shipping and port representatives, shall prepare an analysis of the vectors, other than ballast water, and relative risks of those vectors, for release of nonindigenous species from vessels. This analysis shall include, but not be limited to, the release of nonindigenous species from vessel hulls, sea chests, sea suction grids, other hull apertures, in-water propellers, chains, anchors, piping and tanks. The commission shall prepare a report summarizing the results of this analysis and recommending action to reduce the discharge of nonindigenous species from vessel vectors other than ballast water. The commission shall submit the report to the Legislature and make it available to the public on or before March 1, 2006.
|
Date
|
Status
|
|---|---|
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| Oct 8, 2015 | Chaptered by Secretary of State - Chapter 644, Statutes of 2015. |
| Oct 8, 2015 | Approved by the Governor. |
| Sep 1, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 25, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 24, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2148.). |
| Aug 24, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 14, 2015 | Read second time. Ordered to third reading. |
| Jul 13, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jul 1, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 1). Re-referred to Com. on APPR. |
| Jun 9, 2015 | From committee: Do pass and re-refer to Com. on E.Q. (Ayes 9. Noes 0.) (June 9). Re-referred to Com. on E.Q. |
| May 21, 2015 | Referred to Coms. on N.R. & W. and E.Q. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1350.) |
| Feb 27, 2015 | Introduced. To print. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 29, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 29). |
| Apr 21, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 20). Re-referred to Com. on APPR. |
| Apr 16, 2015 | Re-referred to Com. on TRANS. |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on TRANS. (Ayes 7. Noes 0.) (April 14). Re-referred to Com. on TRANS. |
| Apr 15, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 7, 2015 | Re-referred to Com. on E.S. & T.M. |
| Apr 6, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 23, 2015 | Referred to Coms. on E.S. & T.M. and TRANS. |
| Mar 2, 2015 | Read first time. |
| Mar 1, 2015 | From printer. May be heard in committee March 31. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2015 | Assembly 3rd Reading AB1312 O'Donnell By Hill | Senate Floor |
Passed |
|
| Jul 1, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Jun 9, 2015 | Do pass, but first be re-referred to the Committee on [Environmental Quality] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 7, 2015 | AB 1312 O'DONNELL Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 29, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
|
| Apr 14, 2015 | Do pass and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Port Authorities | ** Support | Aug 24, 2015 |
| California Chamber Of Commerce | ** Support | Aug 24, 2015 |
| California State Lands Commission | ** Support | Aug 24, 2015 |
| Cruise Lines International Association | ** Support | Aug 24, 2015 |
| Maersk Agency USA | ** Support | Aug 24, 2015 |
| Maersk Inc. | ** Support | Aug 24, 2015 |
| Maersk Line | ** Support | Aug 24, 2015 |
| Pacific Merchant Shipping Association | ** Support | Aug 24, 2015 |
| State Lands Commission | ** Support | Aug 24, 2015 |
AB 1312
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1312
Amended: 4/15/15 in Assembly
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/9/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 7/1/15
AYES: Wieckowski, Bates, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for vote
SUBJECT: Ballast water management
SOURCE: California State Lands Commission
DIGEST: This bill delays implementation of California’s performance standards for vessels that discharge ballast water in the state, expands the State Lands Commission’s (commission) vessel inspection authority to include biofouling management, and makes clarifying and streamlining changes to various related code sections.
ANALYSIS: Existing law establishes the Marine Invasive Species Act (act) (Public Resources Code (PRC) §§ 71200 et seq.) that seeks to limit the introduction of nonindigenous species into state waters. The act:
Focuses on ballast water management, sediments from the ballast water that may be discharged from the ship and biofouling (i.e. when organisms attach and grow on wetted surfaces of the vessel including, for example, the hull, anchors, and so on).
Requires the commission to adopt regulations necessary to implement the act which shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species using “the best available technology economically achievable”, as specified.
Considers the size of the vessel and its voyage prior to entering California waters in the establishment of ballast water management requirements, as specified, among other provisions.
Provides for the establishment of interim treatment standards and their phased-in implementation – by either January 1, 2016 or January 1, 2018 – as a function of ballast water capacity and vessel age, and the establishment of final performance standards for the discharge of ballast water of “zero detectable living organisms” for any size organism by 2020.
Further provides for regulations to be adopted governing the use of shipboard experimental ballast water treatment systems. If an owner of a vessel applies to install an experimental system and is approved by the commission prior to January 1, 2016, the system shall be deemed to be in compliance with any future treatment standard for up to five years from when the interim treatment standards are established.
Requires that certain specified information be provided to the commission regarding ballast water management information upon the vessel’s departure from its port or place of call in the state, and requires that the commission, in coordination with the U.S. Coast Guard, sample ballast water and sediment from at least 25% of arriving vessels subject to the act.
This bill delays implementation of California’s performance standards for vessels that discharge ballast water in the state, expands the commission’s vessel inspection authority to include biofouling management, and makes clarifying and streamlining changes to various related code sections. Specifically, this bill:
Delays until January 1, 2020, the deadline for the owner/operator of a vessel to apply for and for the commission to approve the use an experimental ballast water treatment system, as specified.
Delays from 2020 to 2026 the implementation of the final performance standards for the discharge of ballast water of zero detectable living organisms regardless of size.
Revises the phase-in for interim ballast water regulations by deleting the weight classification system and making it apply to all vessels for first arrival at a California port for new vessels constructed on or after January 1, 2020, or as of first drydocking on or after January 1, 2020, for all other vessels.
Requires that the master provide information regarding the vessel, voyage and ballast water management system, as specified, to the commission at least 24 hours before the vessel arrives at a California port, or, if the voyage is less than 24 hours in total, shall report the information prior to departing.
Clarifies that the commission’s activities, in coordination with the U.S. Coast Guard, of 25% of arriving vessels to assess compliance includes sampling of biofouling, and inspection, as specified.
Deletes obsolete provisions and makes additional technical and clarifying changes to provide statutory consistency.
Background
According to the commission, ballast water discharge and vessel biofouling (i.e. the growth of organisms on the wetted surfaces of the vessel) of commercial ships are significant vectors for the introduction of invasive species in coastal environments.
Once established, invasive species can devastate native aquatic life and costs hundreds of millions of dollars or more to control. The most effective form of control is to prevent introduction of the nonindigenous invasive species.
Vessel ballast water management has long been recognized as an important method to limit the spread of invasive species.
In August 2014, the commission approved a report assessing the availability of treatment technologies to meet the state’s performance standards for ballast water discharge. The report reviewed several options for compliance. However, there are currently no viable shipboard or shore-based treatment options to meet all of California’s discharge standards.
Comments
Previous delays of interim performance standards. Because of the commission’s earlier findings on the availability of treatment technologies, the Legislature has already twice delayed the implementation dates for ballast water interim performance standards. In 2008, the Legislature delayed implementation for new vessels with ballast water capacity less than 5,000 metric tons from January 1, 2009 to January 1, 2010. In 2013, it further delayed implementation for all vessels by an additional two to six years (phasing in in 2016 and 2018) depending on when the vessel was constructed and the vessel’s ballast water capacity. This bill represents an 11-year delay from the earliest original implementation date (to 2020) and to delay the final performance standard to 2026 (a six-year delay from the original implementation date).
Current status of ballast water treatment systems. In 2014, the commission produced a report that evaluated the availability of ballast water treatment technologies capable of meeting the California ballast water discharge performance standards. The report reviewed both shore-based and shipboard methods. No shore-based treatment facilities exist in the United States. Also, no shipboard ballast water treatment systems can currently meet California’s standards. There are multiple reasons why the California standards cannot be met with current technology. These include: (1) no single system can meet all of the standards, (2) there are no appropriate protocols for the analysis of ballast water samples and (3) there are a lack of sampling and compliance protocols. The commission indicated that it is working on promulgating compliance assessment protocols which should resolve the questions about accurate testing procedures. Industry should have years to determine how to comply with the standards given their promulgation (anticipated by January 1, 2017) far in advance of the proposed effective date.
Related Legislation
AB 433 (Nation, Chapter 491, Statutes of 2003) consolidated the law related to the management of ballast water into the act, and revised various requirements for ballast water management practices to minimize the release of nonindigenous species.
SB 497 (Simitian, Chapter 292, Statutes of 2006) enacted the Coastal Ecosystems Protection Act which established the interim and final performances standards for the discharge of ballast water from large commercial ships. The effective date for the interim standards was January 1, 2009, and for the final standards was January 1, 2020, for “zero detectable living organisms.”
AB 740 (Laird, Chapter 370, Statutes of 2007) modified the act to include the fouling of vessel hulls with microorganisms.
SB 1781 (Committee on Environmental Quality, Chapter 696, Statutes of 2008) delayed the implementation of ballast water performance standards for new vessels with ballast water capacity less than 5000 metric tons from January 1, 2009 to January 1, 2010.
AB 248 (Lowenthal, Chapter 248, Statutes of 2009) required the person in charge of a vessel to maintain and submit to the commission specified information related to the vessel’s ballast water treatment system.
SB 935 (Committee on Environmental Quality, Chapter 550, Statutes of 2012) delayed the date for which the commission must approve a vessel operator’s application to install an experimental ballast water treatment system from January 1, 2008 to January 1, 2016. It also revised “hull fouling” to “biofouling” and incorporated certain performance standards into statue.
SB 814 (Committee on Natural Resources and Water, Chapter 472, Statutes of 2013) delayed implementation of ballast water performance standards for vessels that carry, or are capable of carrying, ballast water into the state by two to six years, depending on when the ship was constructed and its ballast water capacity.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California State Lands Commission (source)
California Association of Port Authorities
California Chamber of Commerce
Cruise Lines International Association
Maersk
Pacific Merchant Shipping Association
OPPOSITION: (Verified 7/14/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “[a]pproximately 15 percent of large vessels arriving at California ports must discharge ballast water for operational or safety purposes. These vessels need a method of ensuring that any discharged ballast water is in compliance with California’s performance standards. No shore-based treatment facilities exist or are in development in the United States, and currently available shipboard treatment systems have not demonstrated the ability to meet the California performance standards. This lack of options available to the shipping industry presents a major obstacle to the implementation of the performance standards.”
“AB 1312 delays implementation of California’s ballast water performance standards until 2020 to enable further development of treatment technologies and the adoption of regulations to specify the methods that will be used for compliance assessment. This delay effectively eliminates the interim performance standards and preserves the deadline on achieving the “no detectable living organisms” standard. This delay provides the [commission] with time to adopt compliance assessment regulations that will give the shipping industry clear guidance on how to conform to these regulations.”
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
7/15/15 15:27:52
**** END ****
AB 1312 (O'Donnell) Page 8 of 8
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1312
Author: |
O'Donnell |
||
Version: |
4/15/2015 |
Hearing Date: |
7/1/2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Laurie Harris |
||
SUBJECT: Ballast water management.
ANALYSIS:
Existing law:
Under the Marine Invasive Species Act (Public Resources Code §71200 et seq.), which applies to all vessels carrying, or capable of carrying, ballast water into California’s coastal waters, except as specified:
Declares the purpose of the Act to eliminate the discharge of nonindigenous species into the waters of the state based on best available technology economically achievable and applies to ballast water and associated sediments taken on a vessel, including biofouling (the attachment of marine organisms to a ship’s hull, anchors, etc.).
Requires the person in charge of a vessel carrying ballast water in California waters to take steps to minimize the uptake and release of nonindigenous species, including maintaining a ballast water management plan for the vessel.
Allows the person in charge of a vessel, while taking all feasible measures to minimize the discharge of nonindigenous species, to forgo a ballast water management practice if it would threaten the safety and stability of the vessel or safety of the crew and passengers.
Requires the State Lands Commission (“Commission”) to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port within the Pacific Coast Region on or before January 1, 2005.
Requires the Commission, in consultation with the United States Coast Guard (USCG), to adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems, while allowing for the owner or operator of a vessel to have an experimental system, approved by the Commission by January 1, 2016, be deemed in compliance with future treatment standards for up to 5 years from when the interim standards are established.
Requires that the person in charge of a vessel carrying, or capable of carrying, ballast water visiting a California port provide electronic or written information, as specified, upon the vessel’s departure from its port of call.
Requires that the Commission, on or before January 1, 2008, adopt regulations for interim performance standards for the discharge of ballast water by 2016 or 2018, as specified by vessel weights, and to meet the final performance standard of zero detectable living organisms for all vessels by 2020.
Requires the Commission, in coordination with the USCG, take samples of ballast water and sediment from at least 25% of arriving vessels to ensure compliance with ballast water requirements.
Allows the Commission to require vessels operating in violation of this Act to depart the waters of the state and exchange, treat, or otherwise manage the ballast water at a location determined by the commission.
This bill:
Defines “port” as a port or place where a vessel is, was, or will be anchored, moored, or transferring cargo.
Repeals obsolete reporting and management practice provisions (Public Resources Code §§71204.2, 71204.5, and 71210.5) and makes technical changes for statutory consistency.
Requires the Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as specified, and requires the person in charge of a vessel to comply with the adopted regulations.
For a vessel owner or operator who applies to install an experimental ballast water treatment system, changes the date of application approval by the commission from January 1, 2016 to 2020, after which the system is deemed in compliance with any interim treatment standards for up to five years, as specified.
Changes the reporting requirement, for the person in charge of a vessel carrying, or capable of carrying, ballast water that visits California, from the time of departure to at least 24 hours before the vessel arrives at the California port, or prior to departure if the voyage is less than 24 hours in total.
Changes the interim ballast water discharge performance standards compliance date from a phase-in schedule by weight to one that applies to all new vessels on first arrival in California if constructed on or after January 1, 2020, or as of the first scheduled drydocking on or after January 1, 2020, for all other vessels.
Changes the compliance date of the final performance standard for the discharge of ballast water of zero detectable living organisms from 2020 to January 1, 2030.
As part of the sampling of 25% of vessels that the Commission is required to conduct in coordination with the USCG, includes collecting samples of biofouling, in addition to ballast water and sediment, as well as requiring that the Commission inspect the samples, in addition to collecting them.
Expands the Commission’s authority to require vessels in violation of the Act to manage biofouling, in addition to ballast water, at a specified location outside of the waters of the state.
Background
Nonindigenous Species and Introduction Vectors.
According to the Commission’s 2015 Biennial Report on the California Marine Invasive Species Program, “nonindigenous species” (NIS) include those organisms that are intentionally or unintentionally transported by human activities to new environments, posing threats to human health, the environment, and the economy. Due to the often unsuccessful and costly nature of eradication efforts, prevention is the best way to address them.
Though NIS can be transported in a variety of ways, for aquatic organisms, shipping is the primary mechanism of movement by people. Shipping contributes to an estimated 79.5% of established NIS introductions in North America and 74.1% worldwide. In 2005, an estimated 42% of threatened or endangered species were listed in part due to negative interactions with these nonindigenous species. In San Francisco Bay, since 2000, approximately $27.5 million has been spent to control the invasive Atlantic cordgrass and monitor impacts on native species.
NIS introductions happen in two main ways. First, organisms may be picked up in ballast water, which is used to maintain a ship’s stability at sea, at one port and released at another. Second, organisms may attach to the external parts of the ship, called “biofouling.”
Over 7,000 species of aquatic organisms are estimated to move through ballast water across the world each day, according to the Commission’s 2014 Assessment of the Efficacy, Availability, and Environmental Impacts of Ballast Water Treatment Technologies for Use in California Waters report. Furthermore, every discharge of ballast water can potentially release more than 21.2 million individual free-floating organisms into the environment.
Public Health Impacts of Nonindigenous Species.
According to the Commission’s 2015 report, vessels and port areas have been connected to the spread of epidemic human cholera, as from the transport of the Vibrio cholerae bacteria from Latin America to Alabama in 1991, leading to the closure of nearly all the Mobile Bay oyster beds that summer and fall.
Other microbes found in ships include human intestinal parasites, such as Giardia and Cryptosporidium, the pathogens causing paralytic shellfish poisoning, and bacterial indicators of fecal contamination, including E. coli.
Ballast Water Management in California.
The best way to prevent NIS spread in ballast water is through retention. However, when there are operational or safety concerns, a vessel may not be able to retain ballast water. The Commission reports that in the first half of 2014 alone, more than 6.9 million metric tons of ballast water was discharged in California, and the amount of water discharged in the state continues to rise.
In 2006, the Legislature enacted the Coastal Ecosystems Protection Act to prevent the introduction and establishment of aquatic species through ballast water, in part by requiring the Commission to implement performance standards for the discharge of ballast water and regularly review ballast water treatment technologies. If technologies are not available to meet California’s standards, the Commission must provide an assessment to the Legislature at least 18 months prior to the implementation dates for the performance standards.
Currently, California’s standards are much more stringent than those set by the International Maritime Organization (IMO) and USCG ballast water standards. The state’s standards allow for smaller concentrations of organisms as well as limit the discharge of total living bacteria and viruses.
Recent Ballast Water Treatment Technology Assessment Reports.
In 2013, the Commission reported that there were no available ballast water treatment technologies that could meet California’s performance standards. This led to a delay of the performance standards implementation by two years.
In 2014, a follow-up report by the Commission was conducted to review availability of treatment technologies ahead of the 2016 implementation deadline for performance standards for existing vessels with a ballast water capacity of 1500-5000 metric tons and all newly built vessels. The report included both shipboard and shore-based ballast water treatment technologies. The Commission found that no shore-based treatment facilities exist in the United States currently, and no ship-based treatment methods meet California’s standards.
With a lack of acceptable treatment technologies, the current methods for vessels to comply with California’s standards while in California waters include retaining all ballast water onboard or discharging ballast water at an approved location or facility, neither of which is ideal for the approximately 15% of vessels that reportedly release ballast water in California’s waters each year.
Difficulties in Meeting California’s Standards.
The Commission’s 2014 report notes that some of the difficulties in finding a shipboard testing method include: current testing methods for shipboard treatment systems are not performed under operational conditions; there is no one system that can meet the California standards for all organism sizes; and there are not widely accepted testing protocols for living bacteria and virus concentrations in ballast water.
The report further argues that, “Because of the differences between the IMO/USCG standards and the California performance standards and the requirement for vessels to use treatment systems that are ‘type approved’ to the IMO/USCG standards, there is no incentive for treatment technology developers to assess the ability of systems to meet the California standards.”
Comments
Purpose of Bill.
According to the author, “The state’s interim performance standards must be changed to reflect the lack of available treatment technologies. AB 1312 delays implementation of California’s ballast water interim performance standards until 2020, and final standards until 2030, to enable further research and development of treatment technologies that can meet California’s standards. This delay also provides the California State Lands Commission with time to adopt compliance assessment regulations that will give the shipping industry guidance on how to conform to these regulations.”
Ongoing Implementation Delays and Impacts.
Previous reports from the Commission to the Legislature have been conducted in 2007, 2009, 2010, and 2013. Findings have led to the delay of implementation dates for interim and final performance standards in 2008 and 2013. From the originally proposed dates to those in the current bill, these represent delays of 11 years for the interim performance standards and 10 years for the final performance standards.
The Commission notes that the lack of options available for the shipping industry is an obstacle to implementing the current standards. They report currently funding a study on the feasibility of shore-based ballast water treatment in California, managed by the Delta Stewardship Council, with a final report anticipated in late 2015, as well as engagement in developing sampling tools and protocols to assess shipboard treatment systems.
Without amending the current statute, some vessels will become non-compliant when the interim performance standards are scheduled for implementation as of January 1, 2016, and there are no current technologies available to them in time to reach compliance.
However,
are
repeated delays of performance standards providing a disincentive for
developing the technologies that are needed to meet the standards
that have been set?
By continuing to delay the implementation of these standards and not
developing the testing methodologies and technologies necessary to
meet them, the environment, public health, and economy of the state
are being put at risk.
Related/Prior Legislation
SB 814 (Committee on Natural Resources and Water, Chapter 472, Statutes of 2013) delayed implementation of ballast water performance standards for vessels that carry or are capable of carrying, ballast water into the state by 2-6 years, as specified for the ship’s construction date and ballast water capacity.
SB 935 (Committee on Environmental Quality, Chapter 550, Statutes of 2012) delayed the date for which the Commission had to approve a vessel operator’s application to install an experimental ballast water treatment from January 2008 to January 2016.
AB 248 (Lowenthal, Chapter 317, Statutes of 2009) required the person in charge of a vessel to maintain and submit specified information relating to the vessel’s ballast water treatment system to the Commission.
SB 1781 (Committee on Environmental Quality, Chapter 696, Statutes of 2008) delayed the implementation of ballast water performance standards for new vessels with ballast water capacity of less than 5,000 metric tons from January 1, 2009 to January 1, 2010.
SB 497 (Simitian, Chapter 292, Statutes of 2006) enacted the Coastal Ecosystems Protection Act, which established interim and final performance standards for detectable organisms in ballast water discharge for large commercial ships with the purpose of eliminating invasive species into state waters.
AB 433 (Nation, Chapter 491, Statutes of 2003) cited the Ballast Water Management for Control of Nonindigenous Species Law as the Marine Invasive Species Act, consolidating and revising various requirements for ballast water management practices to minimize the release of nonindigenous species.
SOURCE:
California State Lands Commission
SUPPORT:
California Association of Port Authorities (CAPA)
California Chamber of Commerce
Cruise Lines International Association, Inc.
Maersk Line / Maersk Agency USA
Pacific Merchant Shipping Association (PMSA)
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
According to the sponsor, “Ballast water discharge and vessel biofouling of commercial ships are significant vectors for the introduction of invasive species in coastal environments. Once established, invasive species can devastate native aquatic life and cost hundreds of millions of dollars, if not more, to control. Attempts to eradicate species after they have become established are often unsuccessful and cost-prohibitive; therefore, prevention of species introductions is the most effective approach to addressing invasive species.
“In August 2014, the Commission approved a report assessing the availability of treatment technologies to meet California’s performance standards for ballast water discharge. The report found that there are currently no viable options to meet all of California’s discharge standards.
“Approximately 15% of large vessels arriving at California ports must discharge ballast water for operational or safety purposes. No shore-based treatment facilities exist or are in development in the United States, and shipboard treatment systems have not demonstrated the ability to meet the California performance standards.
“AB 1312 delays implementation of California’s ballast water performance standards until 2020 to enable further research and development of treatment technologies that can meet California’s standards. The delay also gives the Commission time to adopt compliance assessment regulations that will give the shipping industry guidance on how compliance will be assessed.”
-- END --
AB 1312 (O'Donnell) Page 4 of 4
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1312 Hearing Date: June 9, 2015
Author: |
O'Donnell |
|
|
Version: |
April 15, 2015 Amended |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Katharine Moore |
||
Subject: Ballast water management.
BACKGROUND AND EXISTING LAW
1. According to the State Lands Commission (commission), ballast water discharge and vessel biofouling (i.e. the growth of organisms on the wetted surfaces of the vessel) of commercial ships are significant vectors for the introduction of invasive species in coastal environments.
2. Once established, invasive species can devastate native aquatic life and costs hundreds of millions of dollars or more to control. The most effective form of control is to prevent introduction of the nonindigenous invasive species.
3. Vessel ballast water management has long been recognized as an important aspect to limiting the spread of invasive species.
4. The Marine Invasive Species Act (act) (Public Resources Code (PRC) §§ 71200 et seq.) seeks to limit the introduction of nonindigenous species into state waters.
5. The act focuses on ballast water management, sediments from the ballast water that may be discharged from the ship and biofouling (i.e. when organisms attach and grow on wetted surfaces of the vessel including, for example, the hull, anchors, and so on).
6. The commission is required to adopt regulations necessary to implement the act which shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species using “the best available technology economically achievable”, as specified.
7. The act considers the size of the vessel and its voyage prior to entering California waters in the establishment of ballast water management requirements, as specified, among other provisions.
8. The act provides for the establishment of interim treatment standards and their phased-in implementation – by either January 1, 2016 or January 1, 2018 – as a function of ballast water capacity and vessel age, and the establishment of final performance standards for the discharge of ballast water of “zero detectable living organisms” for any size organism by 2020.
9. The act further provides for regulations to be adopted governing the use of shipboard experimental ballast water treatment systems. If an owner of a vessel applies to install an experimental system and is approved by the commission prior to January 1, 2016, the system shall be deemed to be in compliance with any future treatment standard for up to five years from when the interim treatment standards are established.
10. The act requires that certain specified information be provided to the commission regarding ballast water management information upon the vessel’s departure from its port or place of call in the state, and requires that the commission, in coordination with the US Coast Guard, sample ballast water and sediment from at least 25% of arriving vessels subject to the act.
11. In August 2014, the commission approved a report assessing the availability of treatment technologies to meet the state’s performance standards for ballast water discharge. The report reviewed several options for compliance. There are currently no viable shipboard or shore-based treatment options to meet all of California’s discharge standards.
PROPOSED LAW
This bill would delay implementation of California’s performance standards for vessels that discharge ballast water in the state, expand the commission’s vessel inspection authority to include biofouling management and makes clarifying and streamlining changes to various related code sections. Specifically, this bill would:
● delay until January 1, 2020 the deadline for the owner/operator of a vessel to apply for and for the commission to approve the use an experimental ballast water treatment system, as specified,
● delay from 2020 to 2026 the implementation of the final performance standards for the discharge of ballast water of zero detectable living organisms regardless of size
● revise the phase-in for interim ballast water regulations by deleting the weight classification system and making it apply to all vessels for first arrival at a California port for new vessels constructed on or after January 1, 2020, or as of first drydocking on or after January 1, 2020 for all other vessels.
● require that the master provide information regarding the vessel, voyage and ballast water management system, as specified, to the commission at least 24 hours before the vessel arrives at a California port, or, if the voyage is less than 24 hours in total, shall report the information prior to departing,
● clarify that the commission’s activities, in coordination with the US Coast Guard, of 25% of arriving vessels to assess compliance includes sampling of biofouling, and inspection, as specified, and
● delete obsolete provisions and make additional technical and clarifying changes to provide statutory consistency.
ARGUMENTS IN SUPPORT
According to the author, “[a]pproximately 15 percent of large vessels arriving at California ports must discharge ballast water for operational or safety purposes. These vessels need a method of ensuring that any discharged ballast water is in compliance with California’s performance standards. No shore-based treatment facilities exist or are in development in the United States, and currently available shipboard treatment systems have not demonstrated the ability to meet the California performance standards. This lack of options available to the shipping industry presents a major obstacle to the implementation of the performance standards.”
“AB 1312 delays implementation of California’s ballast water performance standards until 2020 to enable further development of treatment technologies and the adoption of regulations to specify the methods that will be used for compliance assessment. This delay effectively eliminates the interim performance standards and preserves the deadline on achieving the “no detectable living organisms” standard. This delay provides the [commission] with time to adopt compliance assessment regulations that will give the shipping industry clear guidance on how to conform to these regulations.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Previous delays of interim performance standards. Because of the commission’s earlier findings on the availability of treatment technologies, the legislature has already twice delayed the implementation dates for ballast water interim performance standards. In 2008, the legislature delayed implementation for new vessels with ballast water capacity less than 5,000 metric tons from January 1, 2009 to January 1, 2010. In 2013, it further delayed implementation for all vessels by an additional two to six years (phasing in in 2016 and 2018) depending on when the vessel was constructed and the vessel’s ballast water capacity. This bill represents an eleven year delay from the earliest original implementation date (to 2020) and to delay the final performance standard to 2026 (a six year delay from the original implementation date).
Current status of ballast water treatment systems. In 2014, the commission produced a report that evaluated the availability of ballast water treatment technologies capable of meeting the California ballast water discharge performance standards. The report reviewed both shore-based and shipboard methods. No shore-based treatment facilities exist in the United States. Also, no shipboard ballast water treatment systems can currently meet California’s standards. There are multiple reasons why the California standards cannot be met with current technology. These include: (1) no single system can meet all of the standards, (2) there are no appropriate protocols for the analysis of ballast water samples and (3) there are a lack of sampling and compliance protocols. The commission indicated that it is working on promulgating compliance assessment protocols which should resolve the questions about accurate testing procedures. Industry should have years to determine how to comply with the standards given their promulgation (anticipated by January 1, 2017) far in advance of the proposed effective date.
This bill is double-referred to the Senate Committee on Environmental Quality. Issues in this bill under the jurisdiction of the Environmental Quality Committee will be discussed before that Committee and may be noted in this analysis for context or completeness only.
Related recent legislation
AB 433 (Nation, c. 491, Statutes of 2003). This bill consolidated the law related to the management of ballast water into act, and revised various requirements for ballast water management practices to minimize the release of nonindigenous species.
SB 497 (Simitian, c. 292, Statutes of 2006). This bill enacted the Coastal Ecosystems Protection Act which established the interim and final performances standards for the discharge of ballast water from large commercial ships. The effective date for the interim standards was January 1, 2009 and for the final standards was January 1, 2020 for “zero detectable living organisms.”
AB 740 (Laird, c. 370, Statutes of 2007) modified the act to include the fouling of vessel hulls with microorganisms.
SB 1781 (Committee on Environmental Quality, c. 696, Statutes of 2008). This bill delayed the implementation of ballast water performance standards for new vessels with ballast water capacity less than 5000 metric tons from January 1, 2009 to January 1, 2010.
AB 248 (Lowenthal, c. 248, Statutes of 2009). This bill required the person in charge of a vessel to maintain and submit to the commission specified information related to the vessel’s ballast water treatment system.
SB 935 (Committee on Environmental Quality, c. 550, Statutes of 2012). This bill delayed the date for which the commission must approve a vessel operator’s application to install an experimental ballast water treatment system from January 1, 2008 to January 1, 2016. It also revised “hull fouling” to “biofouling” and incorporated certain performance standards into statue.
SB 814 (Committee on Natural Resources and Water, c. 472, Statues of 2013). This bill delayed implementation of ballast water performance standards for vessels that carry, or are capable of carrying, ballast water into the state by two to six years, depending on when the ship was constructed and its ballast water capacity.
SUPPORT
California State Lands Commission (sponsor)
California Association of Port Authorities
California Chamber of Commerce
Cruise Lines International Association
Maersk
Pacific Merchant Shipping Association
OPPOSITION
None Received
-- END --
AB 1312
Page 3
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1312
(O'Donnell) – As Amended April 15, 2015
Policy Committee: |
Environmental Safety and Toxic Materials |
Vote: |
7 - 0 |
|
Transportation |
|
15 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable:
SUMMARY:
This bill delays the implementation of interim and final performance standards for eliminating living organisms in ballast water discharged by ships. Specifically, this bill:
Deletes provisions requiring the person in charge of a vessel to employ at least one of the specified ballast water management practices but requires the submittal of a ballast water treatment technology reporting form.
Requires the State Lands Commission (SLC) to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as specified, and requires compliance with these regulations.
Extends the date, from 2016 to 2020, by which the SLC is required to deem an approved experimental ballast water treatment device to be in compliance with any future treatment standard adopted.
Changes the timing by which the person in charge of a vessel capable of carrying ballast water, that visits a California port, must submit ballast water reporting forms.
Delays implementation of interim performance standards for the discharge of ballast water from a scheduled phase-in that starts in 2016, to 2020 for all vessels. Delays the implementation of the final performance standard for the discharge of ballast water of zero detectable for all organism size classes from January 1, 2020, to January 1, 2030.
Requires the SLC, in consultation with State Water Resources Control Board, the United States Coast Guard, and others, to prepare (or update) and submit to the Legislature, a review of the results of ballast water treatment systems no less than 18 months before January 1, 2020, and January 1, 2030.
Extends the authority of the SLC to collect specified samples to ensure compliance with ballast water requirements to include biofouling. Adds the management of biofouling on vessels to the enforcement authority conferred upon the SLC.
Expands the records that the person in charge of a vessel subject to ballast water requirements must make available to the SLC.
FISCAL EFFECT:
SLC anticipates absorbable costs associated with the delayed implementation of interim and final performance standards and modification of other requirements (the Marine Invasive Species Control Fund).
COMMENTS:
Purpose. AB 1312 delays implementation of California’s ballast water performance standards until 2020 to enable further research and development of treatment technologies that can meet California’s standards. This delay also provides the SLC with time to adopt compliance assessment regulations that will give the shipping industry guidance on how to conform to these regulations.
Background. To prevent the introduction of aquatic species through ballast water discharges, In 2006, the Legislature enacted the Coastal Ecosystems Protection Act (Act),
The Act required the SLC, on or before January 1, 2008, to adopt regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state, to implement interim and final performance standards for eradicating organisms in ballast water before it is discharged.
The interim performance standards, originally applied starting in 2009, but through subsequent statutory changes now apply in either 2016 or 2018, depending on the size of the organism, the capacity of the ship's ballast water retention, and, the date of the ship's construction. The SLC adopted the interim performance standards in 2007 and the Act set a final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by 2020.
The SLC reports that it conducted assessments of both shipboard and shore-based ballast water treatment technologies in 2007, 2009, 2010 and 2013 (per a requirement of the Act), and found that no ballast water treatment technologies were available at the time to meet the California performance standards.
Because of the SLC's previous findings on the availability of treatment technologies, the Legislature delayed the implementation dates for ballast water interim performance standards. In 2008, the legislature delayed implementation for new vessels with ballast water capacity of less than 5,000 metric tons from January 1, 2009, to January 1, 2010. In 2013 it further delayed implementation for all vessels by an additional two to six years depending on when the vessel was constructed and the vessel's ballast water capacity.
This bill proposes to delay the implementation of the interim performance standard to 2020, an eleven year delay from the earliest original implementation date, and to delay the final performance standard to 2026, a six year delay from the original implementation date.
Ballast Water Discharges and Biofouling. Ballast water is fresh or salt water, sometimes containing sediments, held in ship tanks and cargo holds to increase stability and maneuverability during transit. Ballast water taken into a tank from one body of water and discharged into another body of water can introduce aquatic invasive species. More than 7,000 species are estimated to be moved around the world on a daily basis and each ballast water discharge has the potential to release 21.2 million individual free-floating organisms.
Vessel biofouling occurs when organisms attach to the hard surfaces of the vessel and are then transported to the new environment the vessel enters.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
AB 1312
Page 5
Date of Hearing: April 20, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1312
(O'Donnell) – As Amended April 15, 2015
SUBJECT: Ballast water management
SUMMARY: Delays the implementation of interim and final performance standards for eliminating living organisms in ships' discharged ballast water. Specifically, this bill:
Deletes provisions requiring the person in charge of a vessel to employ at least one of the specified ballast water management practices.
Requires the State Lands Commission (SLC) to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as specified, and requires compliance with these regulations.
Changes the date, from 2016 to 2020, by which the SLC is required to deem an approved experimental ballast water treatment device to be in compliance with any future treatment standard adopted.
Changes the timing by which the person in charge of a vessel capable of carrying ballast water, that visits a California port, must submit ballast water reporting forms.
Requires the person in charge of any vessel that has a ballast water treatment system to submit a ballast water treatment technology reporting form.
Deletes current law that requires only vessels that discharge treated ballast in California to submit the ballast water reporting forms.
Delays implementation of interim performance standards for the discharge of ballast water from a scheduled phase-in that starts in 2016, to 2020 for all vessels.
Delays the implementation of the final performance standard for the discharge of ballast water of zero detectable for all organism size classes from January 1, 2020 to January 1, 2030.
Requires the SLC in consultation with State Water Resources Control Board, the United States Coast Guard, and others, to prepare (or update) and submit to the Legislature, a review of the results of ballast water treatment systems no less than 18 months before January 1, 2020 and January 1, 2030.
Extends the authority of the SLC to collect specified samples to ensure compliance with ballast water requirements to include biofouling.
Expands the records that the person in charge of a vessel subject to ballast water requirements must make available to the SLC.
Adds the management of biofouling on vessels to the enforcement authority conferred upon the SLC.
Defines a variety of terms.
Revises and recasts existing provisions and makes other technical and conforming changes.
EXISTING LAW:
Requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take specified actions to minimize the uptake and release of non-indigenous species.
Requires the SLC, if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the SLC approves that application on or before January 1, 2016, to deem the system in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.
Requires the SLC to adopt regulations, on or before January 1, 2008, that require an owner or operator of a vessel with ballast water capacity that operates in the waters of the state to implement an interim performance standard, beginning in 2016, for the maximum allowable thresholds for living organisms discharged in ballast water based on the size of the organism, capacity of the ship's ballast water retention, and the date of the ship's construction.
Requires the SLC to adopt regulations that require an owner or operator of a vessel with ballast water capacity that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020.
FISCAL EFFECT: Unknown
COMMENTS: AB 1312 delays implementation of California’s ballast water performance standards until 2020 to enable further research and development of treatment technologies that can meet California’s standards. This delay also provides the SLC with time to adopt compliance assessment regulations that will give the shipping industry guidance on how conform to these regulations.
Non-indigenous aquatic plant and animal species can be transported to new ecosystems and regions through human activities. According to the SLC, shipping is the most significant vector for the transport and introduction of aquatic non-indigenous species, contributing to 79.5% of established aquatic non-indigenous species to North America and 74.1% across the globe. Once they are established, non-indigenous species can cause ecological, economic, and human health problems in the receiving environment.
Commercial ships transport organisms through two primary vectors: vessel biofouling and ballast water. Vessel biofouling occurs when organisms attach to the hard surfaces of the vessel, and are then transported to new environments that the vessel enters. Ballast water is sea water taken on, redistributed on, and discharged from large seagoing vessels for functions related to stability, maneuverability, and propulsion. More than 7,000 species are estimated to be moved around the world on a daily basis in ships’ ballast water and each ballast water discharge has the potential to release over 21.2 million individual free-floating organisms.
The prevention of species introductions through the management of human activities, such as requirements related to biofouling and ballast water management, is considered the most protective and cost-effective way to address the non-indigenous species introduction.
To prevent the introduction of aquatic species through ballast water discharges, the Legislature enacted SB 497, (Simitian), Chapter 292, Statutes of 2006, the Coastal Ecosystems Protection Act (Act), which, among other things, required the SLC, on or before January 1, 2008, to adopt regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state, to implement interim and final performance standards for eradicating organisms in ballast water before it is discharged. The interim performance standards, originally applied starting in 2009, but through subsequent statutory changes now apply in either 2016 or 2018, depending on the size of the organism, the capacity of the ship's ballast water retention, and, the date of the ship's construction. The SLC adopted the interim performance standards in 2007 and the Act set a final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by 2020.
According to the SLC, vessels can comply with the California performance standards through methods including retention of all ballast water onboard the vessel (the most protective management strategy available); discharge of ballast water to an approved reception facility; or, use of a shipboard ballast water treatment system. While retention is the most protective ballast water management strategy, not all vessels can retain ballast water due to operational needs or safety concerns. The SLC reports that it conducted assessments of both shipboard and shore-based ballast water treatment technologies in 2007, 2009, 2010 and 2013 (per a requirement of the Act), and found that no ballast water treatment technologies were available at the time to meet the California performance standards.
Because of the SLC's previous findings on the availability of treatment technologies, the Legislature delayed the implementation dates for ballast water interim performance standards. In 2008, the legislature delayed implementation for new vessels with ballast water capacity of less than 5000 metric tons from January 1, 2009, to January 1, 2010. In 2013 it further delayed implementation for all vessels by an additional two to six years depending on when the vessel was constructed and the vessel's ballast water capacity. This bill proposes to delay the implementation of the interim performance standard to 2020, an eleven year delay from the earliest original implementation date, and to delay the final performance standard to 2026, a six year delay from the original implementation date.
Again in 2014, the SLC assessed and reported on the availability of ballast water treatment technologies that can meet the California ballast water discharge performance standards. The report reviewed both shore-based and shipboard methods of treatment and found that shore-based treatment facilities able to kill or remove organisms in ballast water currently still do not exist in the United States. The report also stated that shipboard ballast water treatment systems have not demonstrated the ability to meet the California performance standards. The SLC argues that the lack of options available to the shipping industry with which to comply with California’s performance standards at this time is an obstacle to implementation of the standards.
The SLC found that shipboard ballast water treatment systems are available for purchase from vendors. However, they report that no systems are available that have demonstrated the ability to meet the California performance because no system has demonstrated efficacy for all of the standards; there are no suitable methods to analyze ballast water samples; and, there is a lack of sampling and compliance protocols for determining which systems can meet the standards. The SLC states that they are promulgating compliance assessment protocols, slated to be adopted by January 1, 2017, which are intended to resolve the questions about accurate testing procedures. By promulgating compliance assessment protocols in advance of the implementation dates of the performance standards, industry will have years to ensure systems under consideration will meet the standards.
For shore-based ballast water reception and treatment facilities, none specifically designed to receive and remove or kill non-indigenous species in ballast water are currently available in California or the U.S. This is largely because collaborative efforts among international, federal, and state (including California) regulators and the shipping industry have focused on the use of shipboard ballast water treatment systems as the preferred method to enable compliance with state, federal and international discharge standards.
While the SLC and the author introduced this bill in order to enable further development of treatment technologies, previous delays of the standards have not resulted in the development of these technologies.
Double referral: This bill passed out of the Assembly Environmental Safety and Toxic Materials Committee on April 14, 2015, with a 7-0 vote.
Previous legislation: SB 814 (Committee on Natural Resources and Water), Chapter 472, Statutes of 2013, delayed implementation of ballast water performance standards for vessels that carry, or are capable of carrying, ballast water into the state by two to six years, depending on when the ship was constructed and the vessel's ballast water capacity.
SB 935 (Committee on Environmental Quality), Chapter 550, Statutes of 2012, delayed the date for which the SLC must approve a vessel operator’s application to install an experimental ballast water treatment from January 2008 to January 2016.
SB 1781(Committee on Environmental Quality), Chapter 696, Statutes of 2008, delayed implementation of ballast water performance standards for new vessels with ballast water capacity less than 5000 metric tons from January 1, 2009, to January 1, 2010.
SB 497 (Simitian), Chapter 292, Statutes of 2006, enacted the Coastal Ecosystems Protection Act, which established interim and final performance standards for the discharge of ballast water from large commercial ships, required interim standards, which identified a range of thresholds for living organisms by class size, to begin to take effect January 1, 2009, and required the final standards, a “zero detectable living organisms” standard for all organism size classes, to take effect January 1, 2020.
REGISTERED SUPPORT / OPPOSITION:
Support
State Lands Commission (Sponsor)
California Association of Port Authorities
Cruise Lines International Association, Inc.
Maersk, Inc.
Pacific Merchant Shipping Association
Opposition
None on file
Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319-2093
AB 1312
Page 5
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1312
(O'Donnell) – As Amended April 6, 2015
SUBJECT: Ballast water management
SUMMARY: Delays the implementation of interim and final performance standards for eliminating living organisms in ships' discharged ballast water. Specifically, this bill:
Defines “port” as any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
Deletes provisions which, until the State Lands Commission (SLC) adopted regulations governing ballast water management practices for vessels arriving to California from within the Pacific Coast Region, required the person in charge of a vessel to employ at least one of the specified ballast water management practices.
Requires the SLC to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as specified.
Requires the person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region to comply with these regulations.
Changes the date, from 2016 to 2020, by which the SLC is required to deem an approved experimental ballast water treatment device to be in compliance with any future treatment standard adopted, for a period of 5 years.
Changes the timing, from upon the vessel's departure for California to at least 24 hours before the vessel arrives in California, by which the person in charge of a vessel capable of carrying ballast water, that visits a California port, must submit ballast water reporting forms.
Requires the person in charge of any vessel that has a ballast water treatment system to submit a ballast water treatment technology reporting form. Deletes current law which requires only vessels that discharge treated ballast in California to submit the form.
Delays, from a scheduled phase-in that starts in 2016, to 2020 for all vessels, the implementation of interim performance standards for the discharge of ballast water.
Delays, from 2020 to 2026, the implementation of the final performance standard for the discharge of ballast water of zero detectable for all organism size classes.
Deletes ballast water and sediment from the specified samples that the SLC, to ensure compliance with ballast water requirements, is required to make on 25 percent of arriving vessels.
Requires the SLC, in coordination with the United States Coast Guard and to ensure compliance with ballast water requirements, to inspect at least 25 percent of arriving vessels.
Expands the records that the person in charge of a vessel subject to ballast water requirements must make available to the SLC.
Adds the management of biofouling on vessels to the enforcement authority conferred upon the SLC.
Makes other technical and conforming changes
EXISTING LAW: Under the Marine Invasive Species Act,
Requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take specified actions to minimize the uptake and release of nonindigenous species. (Public Resources Code (PRC) § 71203, et seq.)
Requires the SLC, if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the SLC approves that application on or before January 1, 2016, to deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel. (PRC § 71204.7)
Requires the SLC to adopt regulations, on or before January 1, 2008, that require an owner or operator of a vessel with ballast water capacity that operates in the waters of the state to implement an interim performance standard, beginning in 2016, for the maximum allowable thresholds for living organisms discharged in ballast water based on the size of the organism, capacity of the ship's ballast water retention, and the date of the ship's construction. (PRC § 71205.3(a)(2))
Requires the SLC to adopt regulations that require an owner or operator of a vessel with ballast water capacity that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. (PRC § 71205.3(a)(3))
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author's office, "The state’s interim performance standards must be changed to reflect the lack of available treatment technologies. AB 1312 delays implementation of California’s ballast water performance standards until 2020 to enable further research and development of treatment technologies that can meet California’s standards. This delay also provides the California State Lands Commission with time to adopt compliance assessment regulations that will give the shipping industry guidance on how conform to these regulations."
Nonindigenous species: Nonindigenous aquatic plant and animal species can be transported to new ecosystems and regions through human activities. According to the SLC, shipping is the most significant vector for the transport and introduction of aquatic nonindigenous species, contributing to 79.5% of established aquatic nonindigenous species to North America and 74.1% across the globe. Once they are established, nonindigenous species can cause ecological, economic and human health problems in the receiving environment.
Commercial ships transport organisms through two primary vectors: vessel biofouling and ballast water. Vessel biofouling occurs when organisms attach to the hard surfaces of the vessel, then are transported to new environments that the vessel enters. Ballast water is sea water taken on, redistributed on, and discharged from large seagoing vessels for functions related to stability, maneuverability, and propulsion. More than 7000 species are estimated to be moved around the world on a daily basis in ships’ ballast water and each ballast water discharge has the potential to release over 21.2 million individual free-floating organisms.
The prevention of species introductions through the management of human activities, such as requirements related to biofouling and ballast water management, is considered the most protective and cost-effective way to address the nonindigenous species issue.
California's ballast water program: To prevent the introduction of aquatic species through ballast water discharges, the legislature enacted the Coastal Ecosystems Protection Act (Act) (Simitian, Chapter 292, Statutes of 2006). Among its provisions, the Act requires the SLC, on or before January 1, 2008, to adopt regulations that require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement interim and final performance standards for eradicating organisms in ballast water before it is discharged. The interim performance standards, which originally applied starting in 2009, but through subsequent statutory changes now apply in either 2016 or 2018, depending on the size of the organism; the capacity of the ship's ballast water retention; and, the date of the ship's construction, phase in the maximum allowable thresholds for living organisms in discharged ballast water. The SLC adopted the interim performance standards in 2007. The Act sets a final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by 2020.
Compliance with California's standards: According to the SLC, vessels can comply with the California performance standards through methods including retention of all ballast water onboard the vessel (the most protective management strategy available); discharge of ballast water to an approved reception facility; or, use of a shipboard ballast water treatment system. While retention is the most protective ballast water management strategy, not all vessels can retain ballast water due to operational needs or safety concerns. The SLC reports that it conducted assessments of both shipboard and shore-based ballast water treatment technologies in 2007, 2009, 2010 and 2013 (per a requirement of the Act), and found that no ballast water treatment technologies were available at the time to meet the California performance standards.
Previous delays of the interim performance standards: Because of the SLC's previous findings on the availability of treatment technologies, the legislature has already twice delayed the implementation dates for ballast water interim performance standards. In 2008, the legislature delayed implementation for new vessels with ballast water capacity of less than 5000 metric tons from January 1, 2009, to January 1, 2010. In 2013 it further delayed implementation for all vessels by an additional two to six years (phasing in in 2016 and 2018), depending on when the vessel was constructed and the vessel's ballast water capacity. This bill proposes to delay the implementation of the interim performance standard to 2020, an eleven year delay from the earliest original implementation date, and to delay the final performance standard to 2026, a six year delay from the original implementation date.
Current status of ballast water treatment systems: Again in 2014, the SLC assessed and reported on the availability of ballast water treatment technologies that can meet the California ballast water discharge performance standards. The report reviewed both shore-based and shipboard methods of treatment and found that shore-based treatment facilities able to kill or remove organisms in ballast water currently still do not exist in the United States. The report also stated that shipboard ballast water treatment systems have not demonstrated the ability to meet the California performance standards. The SLC argues that the lack of options available to the shipping industry with which to comply with California’s performance standards at this time is an obstacle to implementation of the standards.
Why are treatment technologies unavailable? The SLC found that shipboard ballast water treatment systems are available for purchase from vendors. However, they report that no systems are available that have demonstrated the ability to meet the California performance because no system has demonstrated efficacy for all of the standards; there are no suitable methods to analyze ballast water samples; and, there is a lack of sampling and compliance protocols for determining which systems can meet the standards. The SLC states that they are promulgating compliance assessment protocols, slated to be adopted by January 1, 2017, which are intended to resolve the questions about accurate testing procedures. By promulgating compliance assessment protocols in advance of the implementation dates of the performance standards, industry will have years to ensure systems under consideration will meet the standards.
For shore-based ballast water reception and treatment facilities, none specifically designed to receive and remove or kill nonindigenous species in ballast water are currently available in California or the U.S. This is largely because collaborative efforts among international, federal, and state (including California) regulators and the shipping industry have focused on the use of shipboard ballast water treatment systems as the preferred method to enable compliance with state, federal and international discharge standards.
While the SLC and the author introduced this bill in order to enable further development of treatment technologies, previous delays of the standards have not resulted in the development of these technologies. Does continuing to delay performance standards remove the incentive for treatment technology development?
Related legislation:
AB 433 (Nation), Chapter 491, Statutes of 2003. Consolidated law related to the management of ballast water into the Marine Invasive Species Act, and revised various requirements for ballast water management practices to minimize the release of nonindigenous species.
SB 497 (Simitian), Chapter 292, Statutes of 2006. Enacted the Coastal Ecosystems Protection Act, which established interim and final performance standards for the discharge of ballast water from large commercial ships. Required interim standards, which identified a range of thresholds for living organisms by class size, to begin to take effect January 1, 2009. Required the final standards, a “zero detectable living organisms” standard for all organism size classes, to take effect January 1, 2020.
SB 1781(Committee on Environmental Quality), Chapter 696, Statutes of 2008. Delayed implementation of ballast water performance standards for new vessels with ballast water capacity less than 5000 metric tons from January 1, 2009, to January 1, 2010.
AB 248 (Lowenthal), Chapter 248, Statutes of 2009. Required the person in charge of a vessel to maintain and submit to the California State Lands Commission specified information relating to the vessel’s ballast water treatment system.
SB 935 (Committee on Environmental Quality), Chapter 550, Statutes of 2012. Delayed the date for which the State Lands Commission must approve a vessel operator’s application to install an experimental ballast water treatment from January 2008 to January 2016.
SB 814 (Committee on Natural Resources and Water), Chapter 472, Statutes of 2013. Delayed implementation of ballast water performance standards for vessels that carry, or are capable of carrying, ballast water into the state by two to six years, depending on when the ship was constructed and the vessel's ballast water capacity.
Double referral: This bill was double referred to the Assembly Committee on Transportation.
REGISTERED SUPPORT / OPPOSITION:
Support
State Lands Commission (sponsor)
California Association of Port Authorities
Maersk, Inc.
Pacific Merchant Shipping Association
Opposition
None received.
Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965
Bill Author
Bill Co-Author(s):