AB 1312: Ballast water management.

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.