BILL NUMBER: AB 471	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2003

INTRODUCED BY   Assembly  Member Simitian  
Members Simitian, Laird and Nakano 

                        FEBRUARY 14, 2003

    An act to amend Section 72303 of the Public Resources
Code,   An act to add Chapter 3.3 (commencing with
Section 39630) to Part 2 of Division 26 of the Health and Safety
Code,  relating to air emissions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 471, as amended, Simitian.  Air emissions:  cruise ships.
   Existing law requires the State Air Resources Board to measure and
record the opacity of visible emissions of a representative sample
of large passenger vessels while at berth or at anchor in a port in
the state.  That provision is repealed as of July 1, 2003.  
   This bill would make a technical, nonsubstantive change to that
provision.  
   This bill would instead prohibit, as of January 1, 2004, a cruise
ship, as defined, from conducting on-board waste incineration while
operating within 90 miles of the California coast.  The bill would
require, as of January 1, 2005, a cruise ship to use only specified
diesel fuel while operating within 25 miles of the California coast.

   The bill also would prohibit, as of January 1, 2006, a cruise ship
from operating its main propulsion or auxiliary engines while
docked, beginning 30 minutes after docking until one hour prior to
the scheduled departure time. The bill would require the State Air
Resources Board to enforce those provisions. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
no   yes  . State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 72303 of the Public Resources Code is amended
to read:
   72303.  The State Air Resources Board shall measure and record the
opacity of visible emissions, excluding condensed water vapor, of a
representative sample of large passenger vessels while at berth or at
anchor in a port  in California.   
  SECTION 1.  Chapter 3.3 (commencing with Section 39630) is added to
Part 2 of Division 26 of the Health and Safety Code, to read:

      CHAPTER 3.3.  CRUISE SHIPS

   39630.  The Legislature finds and declares that it is in the
interests of all Californians to protect the air quality from
increasing volumes of cruise ship engine emissions.
   39631.  (a) The state board shall enforce this chapter, and may
adopt standards, rules, and regulations for that purpose pursuant to
Section 39601.
   (b) As used in this division, "cruise ship" means a commercial
vessel that has the capacity to carry 250 or more passengers for
hire.  "Cruise ship" does not include the following:
   (a) Vessels without berths or overnight accommodations for
passengers.
   (b) Noncommercial vessels, warships, vessels operated by nonprofit
entities as determined by the Internal Revenue Service, and vessels
operated by the state, United States, or a federal government.
   39632.  Commencing on January 1, 2004, a cruise ship shall not
conduct on-board waste incineration while operating within 90 miles
of the California coast.
   39633.  Commencing on January 1, 2005, a cruise ship shall use
only diesel fuel formulated as specified in Sections 2281 and 2282 of
Title 13 of the California Code of Regulations, while operating
within 25 miles of the California coast.
   39634.  Commencing on January 1, 2006, a cruise ship shall not
operate its main propulsion or auxiliary engines while docked, and
instead shall connect to a shoreside power source.  This prohibition
applies beginning 30 minutes after docking until one hour prior to
the scheduled departure time, unless superseded by the United States
Coast Guard.