BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 471|
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THIRD READING
Bill No: AB 471
Author: Simitian (D), et al
Amended: 8/5/04 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 6-0, 7/7/03
AYES: Sher, Denham, Chesbro, Figueroa, Kuehl, Romero
NO VOTE RECORDED: McPherson
SENATE APPROPRIATIONS COMMITTEE : 7-5, 8/12/04
AYES: Alpert, Bowen, Escutia, Karnette, Machado, Murray,
Speier
NOES: Battin, Aanestad, Ashburn, Johnson, Poochigian
NO VOTE RECORDED: Burton
ASSEMBLY FLOOR : 43-34, 6/4/03 - See last page for vote
SUBJECT : Air emissions: cruise ships
SOURCE : Blue Water Network
DIGEST : This bill prohibits, as of January 1, 2005, a
cruise ship from conducting onboard waste incineration
while operating within three miles of the California coast,
except to the extent allowed by federal law.
ANALYSIS : Existing law regulates the release of sewage
sludge, oily bilgewater, hazardous waste, or other waste by
large passenger vessels into the marine waters of the
state.
CONTINUED
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This bill:
1.Commencing January 1, 2005, prohibits a cruise ship from
conducting onboard incineration while operating within
three miles of the California coast, except to the extent
allowed by federal law.
2.Defines "cruise ship" to be a commercial vessel with a
250 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.
Comments
According to the author's office, "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 by regulating certain
cruise ship practices in port and close to shore. The bill
prohibits cruise ships from incinerating garbage within
three miles of shore to reduce air pollution and
contamination of local communities."
Related legislation
AB 2746 (Nakano) Chapter 504, Statutes of 2000, enacted the
Large Passenger Vessels Law.
AB 121 (Simitian) Chapter 488, Statutes of 2003, prohibits
owners or operators of large passenger vessels from
releasing sewage sludge and oily bilgewater into state
marine waters and marine sanctuaries, as specified.
AB 433 (Nation) Chapter 491, Statutes of 2003, 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) Chapter 494, Statutes of 2003, prohibits
the release of hazardous waste and "other waste" from large
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passenger vessels into state marine waters and marine
sanctuaries under certain conditions.
AB 2093 (Nakano) prohibits a large passenger vessel owner
or operator from releasing graywater into state marine
waters.
AB 2672 (Simitian) prohibit the release of sewage within
three miles of the coast if the SWRCB has the authority to
prohibit such a release; and would require the owner or
operator of a large passenger vessel that releases sewage
into the marine waters of the state or a marine sanctuary
to immediately report the release to SWRCB. AB 2672 was
heard in this committee August 4, 2004 and failed passage.
Reconsideration was granted.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2004-05 2005-06
2006-07 Fund
Rulemaking/Regs. $50 $50 SF*
Enforcement $100 SF*
*Air Pollution Control Fund
SUPPORT : (Verified 8/12/04)
Blue Water Network (source)
American Cetacean Society, Monterey Chapter
American Lung Association
Bay Area Air Quality Management District
Board of Supervisors, San Francisco
Board of Supervisors, Santa Cruz County
California Air Pollution Control Officers Association
Carmel-by-the-Sea Councilmember Barbara Livingston
Coalition for Clean Air
Environmental Health Coalition
Friends of the Sea Otter
League of Women Voters of California
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Marine Engineers Beneficial Association
Natural Resources Defense Council
Ocean Conservancy
Oceana
Planning and Conservation League
San Diego Audubon Society
San Diego Baykeepers
San Diego Councilmember Donna Frye
San Diego Councilmember Michael Zucchet
San Franciscans for a Healthy Environment
Santa Barbara County Air Pollution Control District
Save Our Shores
Sierra Club California
Sierra Club San Diego Chapter
Sierra Club Ventana Chapter
South Coast Air Quality Management District
Surfrider Foundation
WaterKeepers Northern California
OPPOSITION : (Verified 8/12/04)
California Association of Port Authorities
California Travel Industry Association
Department of Finance
International Council of Cruise Lines
Matson Navigation
Pacific Merchant Shipping Association
Port of San Diego
San Diego Chamber of Commerce
San Francisco Bar Pilots (oppose unless amended)
ARGUMENTS IN SUPPORT : According to the League of Women
Voters:
This bill would reduce air pollution in the North
Central Coast Air Basin, which still does not meet
state standards for ozone or particulate matter 10
microns or less. Cruise ships are significant sources
of air pollution, including oxides of nitrogen which
lead to smog formation. For example, the Monterey Bay
Unified Air Pollution Control District has estimated
that the Star Princess Cruise ship which visited the
North Central Coast Air Basin on May 7, 2003 generated
1.5 tons of NOx from in-bay travel and 1.9 tons from
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travel along the coast, for a total of 3.4 tons. This
compares to emissions from 12,240 and 15,450 cars,
respectively.
ARGUMENTS IN OPPOSITION : (Unavailable at time of this
writing.)
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Chan, Chavez, Chu, Cohn,
Corbett, Diaz, Dutra, Dymally, Firebaugh, Frommer,
Goldberg, Hancock, Jackson, Kehoe, Koretz, Laird, Leno,
Levine, Lieber, Liu, Longville, Lowenthal, Maldonado,
Matthews, Montanez, Mullin, Nakano, Nation, Negrete
McLeod, Oropeza, Pavley, Reyes, Ridley-Thomas, Salinas,
Simitian, Steinberg, Vargas, Wiggins, Wolk, Wesson
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell,
Canciamilla, Cogdill, Correa, Cox, Daucher, Dutton,
Garcia, Harman, Haynes, Shirley Horton, Houston, Keene,
La Malfa, La Suer, Leslie, Maddox, Maze, McCarthy,
Mountjoy, Nakanishi, Pacheco, Plescia, Richman, Runner,
Samuelian, Spitzer, Strickland, Wyland, Yee
CP:nl 8/17/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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