BILL ANALYSIS
AB 471
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Byron D. Sher, Chairman
2003-2004 Regular Session
BILL NO: AB 471
AUTHOR: Simitian
AMENDED: June 2, 2003
FISCAL: Yes HEARING DATE: July 7, 2003
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : VESSEL DIESEL FUEL AND WASTE INCINERATION
SUMMARY :
Existing law :
1) Under the Large Passenger Vessels Law (Public Resources
Code 72300 et seq .):
a) Creates the Cruise Ship Environmental Task Force to
evaluate environmental practices and waste streams of
large passenger vessels. The task force must be
convened by the California Environmental Protection
Agency (Cal-EPA), include specified agency
representatives, and gather certain information for the
Law's required report.
b) Requires the owner or operator of a vessel operated
in state marine waters to submit a quarterly report to
the State Water Resources Control Board (SWRCB) on any
graywater or sewage water release while the vessel was
located in state marine waters.
c) Requires the State Air Resources Board to 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 the state.
d) Requires Cal-EPA to use information gathered by the
task force and prepare and submit a report to the
Legislature on or before June 1, 2003, that includes
certain information ( e.g. , environmental rules,
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regulations, reports, reporting procedures for managing
waste based on international, federal, and state law;
review and analysis of information contained in any
report submitted to state or federal entities by large
passenger vessel owners and operators; identification of
areas of concern; identification of mechanisms to better
coordinate state and federal agency activities
regulating large passenger vessels; observations
regarding the potential impacts of waste releases;
recommendations to address any areas where additional
requirements or reporting may be appropriate).
e) Defines various terms, including "waste" ( i.e. , air
contaminant, graywater, sewage, solid waste (including
incinerator residue and medical waste), hazardous waste,
oily waste).
f) Sunsets July 1, 2003.
2) Requires the State Air Resources Board to:
a) Adopt and implement motor vehicle emission standards
and motor vehicle fuel specifications for controlling
air contaminants and sources of air pollution that the
ARB has found to be necessary, cost-effective, and
technologically feasible, unless preempted by federal
law (Health and Safety Code 43013). The ARB must adopt
standards and regulations for light-duty and heavy duty
motor vehicles, and off-road or nonvehicle engine
categories, including but not limited to, off-highway
motorcycles, off-highway vehicles, construction
equipment, farm equipment, utility engines, locomotives,
and, to the extent permitted by federal law, marine
vessels. A "marine vessel" is defined as any tugboat,
tanker, freighter, passenger ship, barge, or other boat,
ship, or watercraft, except those used primarily for
recreation (Health and Safety Code 39037.1).
b) Endeavor to achieve the maximum degree of emission
reduction possible from vehicular and other mobile
sources in order to accomplish the attainment of state
standards at the earliest practicable date (Health and
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Safety Code 43018).
c) Adopt and implement new motor vehicle emission
standards for controlling emissions found to be
necessary and technologically feasible. Prior to
adopting the standards, the ARB must consider the impact
of the standards on the state economy, including but not
limited to their effect on motor vehicle fuel efficiency
(Health and Safety Code 43101).
3) Provides that if means of incineration of, or approved
processing of, garbage are not available aboard any vessel
in the state, the master or other person in charge of the
vessel must provide containers or receptacles with
tight-fitting covers in which the garbage must be retained
while within the territorial waters of the state pending
incineration or approved treatment pursuant to regulations
(Food and Agriculture Code 16101).
4) Sets various requirements relating to the incineration of
waste, including hazardous and medical waste.
This bill :
1) Prohibits a cruise ship from conducting onboard waste
incineration while operating within 90 miles of the
California coast.
2) Requires a cruise ship to use only diesel fuel referenced
in specified state regulations setting certain vehicular
diesel fuel limits ( i.e. , CARB diesel), commencing January
1, 2005.
3) Requires the ARB to enforce the above requirements.
4) Defines "cruise ship" to be a commercial vessel with a 200
passenger capacity, except for vessels without berths or
overnight accommodations for passengers and noncommercial
vessels, warships, vessels operated by certain nonprofit
entities, and vessels operated by the state, United States,
or a federal government.
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5) Contains related legislative intent.
COMMENTS :
1) Purpose of Bill . According to the author, "The recent
expansion of the cruise line industry in California has
brought about an increase in toxic air contaminants and air
pollution in the State. AB 471 provides greater protection
to California's coastal environment and air quality b
regulating certain cruise ship practices in port and close
to shore. The bill prohibits cruise ships from using
pollution-rich fuels and requires use of fuels with lower
amounts of sulfur and nitrous oxide within twenty-five (25)
miles of California's coast. AB 471 also prohibits cruise
ships from incinerating garbage within ninety (90) miles of
shore to reduce air pollution and contamination of local
communities."
2) Large Passenger Vessels Law . AB 2746 (Nakano) Chapter 504,
Statutes of 2000, enacted the Large Passenger Vessels Law.
The measure created a Cruise Ship Environmental Task Force
convened by Cal-EPA, with representatives of the SWRCB,
Department of Fish and Game, Department of Toxic Substances
Control, Integrated Waste Management Board, State Lands
Commission, State Air Resources Board, and the U.S. Coast
Guard. The task force was required to gather certain
information and establish a process for receiving comments
from the public and the cruise ship industry on matters to
be considered by the task force.
AB 2746 also required quarterly reports by vessel owners or
operators, required the State Air Resources Board to
measure vessel emissions, and required Cal-EPA to prepare a
report by June 1, 2003, addressing various matters
(including rules, regulations, reports, and reporting
requirements for managing waste base on international,
federal, and state law) and to make recommendations for
additional requirements or reporting.
AB 2746 sunsets July 1, 2003, and the draft report is
currently subject to internal review and has not been
publicly distributed.
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Would it be appropriate to have the benefit of the AB 2746
report and recommendations in order to develop a
comprehensive approach for managing waste from large
passenger vessels?
3) Waste incineration . AB 471 prohibits a cruise ship from
conducting onboard waste incineration when operating within
90 miles of the California coast.
AB 471 does not provide a definition of "waste" so it is
uncertain what types of waste are covered by the bill.
Would an incineration ban result in problems associated
with storing waste onboard? Would an incineration ban
result in increased dumping of waste into the ocean?
4) New diesel fuel requirements . AB 471 requires a cruise
ship, commencing January 1, 2005, to use a specified diesel
fuel (also referred to as CARB diesel) while operating
within 25 miles of the California coast. According to the
sponsor, "CARB diesel is readily available, and is required
for use by all on-road diesel vehicles such as trucks and
buses, and off-road vehicles including commercial ferries."
The sponsor also indicates that these ships "operate on
the dirtiest fuels available globally. These are known as
bunker oil, or residual fuels."
Cruise ship representatives indicate that cruise ships use
lighter marine diesel bunker fuel, not the heavy bunker
fuel commonly used by tankers. They also note that most
cruise ships cannot be retrofitted to run on CARB diesel or
switch between CARB diesel and heavier fuels, that some
ships can be retrofitted to run on CARB diesel if that is
the only fuel the ships use -- but ships do not have access
to CARB diesel in other ports.
According to an October 2000 ARB report on mobile
diesel-fueled engines, "Staff believes that a combination
of voluntary, incentive, and regulatory approaches would
significantly reduce diesel PM emissions from commercial
marine engines. The following strategies are proposed:
first, a voluntary speed reduction control strategy for
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ocean-going ships operating in California waters; second, a
federal incentive program to provide funds, beyond those
already available through California's funding of the Carl
Moyer Program, for repowering with cleaner engines and for
retrofitting existing engines; and third, a federal
regulation that applies the new commercial marine engine
standards to existing vessels when their engines are
rebuilt or repowered. In addition to these engine
strategies, a mandatory reduction in fuel sulfur level
would also reduce emissions."
According to the ARB, the International Maritime Organization
(IMO) set NOx standards and a sulfur content cap, but these
are not enforceable until ratified by 15 countries
representing 50% of the gross tonnage of the world's
merchant shipping. This has not occurred, and the U.S. is
among the countries that have not ratified the standards.
ARB staff also indicates that the ARB is "currently
formulating a strategy for reducing PM and other emissions
from commercial marine vessels and port dockside
activities. In developing this strategy, ARB will perform
a comprehensive assessment of potential emission reduction
opportunities subject to State, local, or federal
jurisdiction."
If use of CARB diesel cannot be properly used in current
cruise ships, should other options be explored ( e.g. ,
phased sulfur caps, stack reduction emission equipment),
and should these procedures apply to all ships?
5) Reporting requirements needed . While AB 471 prohibits
waste incineration, there is no reporting requirement. To
ensure that that the state is aware of incineration
activities, owners or operators of large passenger vessels
should be required to provide notice containing certain
information ( e.g. , date, time and location of incineration;
volume and source of incineration; cause of incineration;
remedial actions taken to prevent future incineration) to
the State Air Resources Board when incineration occurs.
6) Related legislation . AB 121 (Simitian) prohibits owners or
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operators of large passenger vessels from releasing sewage,
oily bilgewater, or ballast water in certain waters under
certain conditions. AB 433 (Nation) changes the Ballast
Water Management for Control of Nonindigenous Species Law
to the Marine Invasive Species Act, and revises various
requirements for ballast water management practices to
minimize release of nonindigenous species. AB 906 (Nakano)
prohibits the release of graywater and hazardous waste from
large passenger vessels into state marine waters and marine
sanctuaries.
SOURCE : Blue Water Network
SUPPORT : American Cetacean Society, Monterey Chapter
Bay Area Air Quality Management District
California Air Pollution Control Officers
Association
Carmel-by-the-Sea Councilmember Barbara
Livingston
Coalition for Clean Air
Friends of the Sea Otter
Marine Engineers Beneficial Association
Natural Resources Defense Council
Ocean Conservancy
Oceana
Planning and Conservation League
San Franciscans for a Healthy Environment
Santa Barbara County Air Pollution Control
District
Save Our Shores
Sierra Club California
Sierra Club Ventana Chapter
South Coast Air Quality Management District
Surfrider Foundation
WaterKeepers Northern California
OPPOSITION : California Association of Port Authorities
International Council of Cruise Lines
Pacific Merchant Shipping Association