BILL NUMBER: AB 1312 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 27, 2015
An act to amend Sections 71200, 71204.3, 71204.7, 71205, 71205.3,
71206, and 71207 of, and to repeal Sections 71204.2, 71204.5, and
71210.5 of, the Public Resources Code, relating to ballast water
management.
LEGISLATIVE COUNSEL'S DIGEST
AB 1312, as introduced, O'Donnell. 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 or carrying, ballast water,
that visits a California port, to provide specified information in
electronic or written form to the commission upon the vessel's
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 vessel's 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 71200 of the Public Resources Code is amended
to read:
71200. 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
vessel's 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 vessel's 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 vessel's 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 vessel'
s departure from each port or place of call in California.
at least 24 hours before the vessel arrives at that California
port. If a vessel's 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 vessel's 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 manufacturer's 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:
Standards apply Standards apply
Ballast water to new vessels to all other
capacity of in this size vessels in this
vessel class size class
constructed on beginning on:
or after:
<1500 metric January 1, 2016 January 1, 2018
tons
1500-5000 January 1, 2016 January 1, 2016
metric tons
>5000 metric January 1, 2016 January 1, 2018
tons
(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.