BILL NUMBER: AB 471	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 16, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  MAY 6, 2003
	AMENDED IN ASSEMBLY  APRIL 3, 2003

INTRODUCED BY   Assembly Members Simitian, Laird, and Nakano

                        FEBRUARY 14, 2003

   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  That provision is repealed as of July 1, 2003.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  instead  prohibit  , as
of January 1, 2004,  a cruise ship, as defined, from
conducting onboard incineration while operating within 20 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 would require the
State Air Resources Board to enforce those provisions.
   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.  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:
   (1) Vessels without berths or overnight accommodations for
passengers.
   (2) 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 onboard incineration while operating within 20 miles of the
California coast,  except  to the extent allowed by
federal law.
   39633.  Commencing on January 1,  2005   2006
 , a cruise ship shall use only  federal  onroad
diesel fuel that  is approved by   meets the
requirements of  the United States Environmental Protection
Agency, while operating within 25 miles of the California coast.
 Any person who cannot comply with the requirement to use federal
on-road diesel fuel because of technical or operational reasons
beyond the person's control may apply in writing to the executive
officer of the State Air Resources Board for a variance.  The
executive officer may temporarily waive the fuel requirement if he or
she determines that all of the following information has been
provided in the application:
   (a) The specific grounds upon which the variance is sought.
   (b) The proposed date or dates by which compliance will be
achieved.
   (c) Any proposed mitigation measures, which may include the use of
alternative fuel grades, that will be implemented to reduce the
impact of the increased emissions.
   (d) A compliance report that details the method or methods by
which compliance will be achieved.