BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2672|
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THIRD READING
Bill No: AB 2672
Author: Simitian (D)
Amended: 8/10/04 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-1, 6/21/04
AYES: Sher, Chesbro, Figueroa, Kuehl, Romero
NOES: McPherson
NO VOTE RECORDED: Morrow
SENATE APPROPRIATIONS COMMITTEE : 7-3, 8/9/04
AYES: Alpert, Bowen, Burton, Karnette, Machado, Murray,
Speier
NOES: Battin, Aanestad, Ashburn
NO VOTE RECORDED: Escutia, Johnson, Poochigian
ASSEMBLY FLOOR : 56-21, 5/25/04 - See last page for vote
SUBJECT : Large passenger vessel sewage
SOURCE : Bluewater Network
DIGEST : This bill prohibits cruise ships from releasing
sewage into the states marine waters, potentially subject
to federal approval of a State Water Resources Control
Board application to allow the prohibition.
ANALYSIS : Existing law, under large passenger vessel
laws:
1. Prohibits a large passenger vessel owner or operator
CONTINUED
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from releasing sewage sludge, oily bilgewater, hazardous
waste, and "other waste" (i.e., photography lab
chemicals, dry cleaning chemicals, medical waste) into
state marine waters and marine sanctuaries under certain
conditions.
2. Requires the State Water Resources Control Board (SWRCB)
to request appropriate federal agencies to prohibit the
release of sewage sludge, oily bilgewater, hazardous
waste, and "other waste" into marine sanctuaries. The
SWRCB must also determine whether it is necessary to
apply to the federal government for the sewage sludge
prohibition into state marine waters, and the SWRCB must
apply to the appropriate federal agencies if it
determines that application is necessary.
3. Requires a large passenger vessel owner or operator to
notify the SWRCB of any release of sewage sludge, oily
bilgewater, hazardous waste, and "other waste" into
state marine water and marine sanctuaries, and include
certain information in the notification (i.e., date,
time, location, volume, source of release; remedial
actions taken to prevent future releases).
4. Sets a civil penalty of no more than $25,000 for a
person who violates the prohibited release provisions
(#1 above).
This bill:
1. Prohibits a large passenger vessel owner or operator
from releasing sewage into state marine waters if the
United States Environmental Protection Agency (U.S. EPA)
Administrator approves the application or the SWRCB
determines that an application is not required.
2. Applies the current SWRCB federal agency request
requirements (#2 above) to prohibited sewage releases.
Also provides that it is not the Legislature's intent
"to establish a no discharge zone for sewage from all
vessels, but only for a class of vessels and it is not
the Legislature's intent to require the [SWRCB] to apply
to the [U.S. EPA Administrator] ...to authorize the
state to prohibit the release of sewage from large
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passenger vessels."
3. Applies the current reporting requirements (#3 above) to
prohibited graywater releases.
4. Applies the current civil penalty provisions as
referenced in #4 above.
5. Sunsets the new sewage prohibition provisions January 1,
2010.
Comments
Purpose of the bill . According to the author, "AB 2672
extends the protections to California coastal waters from
my AB 121 of last year (prohibiting sewage sludge releases)
by also prohibiting discharges of sewage from large
passenger vessels into state waters." According to
Bluewater Network, the bill's sponsor, "The nature of the
cruise industry - in terms of the number of passengers and
amount of sewage and wastewater produced - requires
regulations that respond to those unique circumstances of
the industry."
Large Passenger Vessels Law . AB 2746 (Nakano), Chapter
504, Statutes of 2000, enacted the Large Passenger Vessels
Law. The bill created a Cruise Ship Environmental Task
Force convened by the California Environmental Protection
Agency (CalEPA), with representatives of the SWRCB, State
Department of Fish and Game, State Department of Toxic
Substances Control, California Integrated Waste Management
Board, State Lands Commission, State Air Resources Board
(ARB), and the U.S. Coast Guard (USCG). 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 ARB to measure vessel emissions,
and required CalEPA to prepare a report by June 1, 2003,
addressing various matters (including rules, regulations,
reports, and reporting requirements for managing waste
based on international, federal, and state law) and to make
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recommendations for additional requirements or reporting.
The AB 2746 provisions sunset July 1, 2003, and the report
by the Cruise Ship Environmental Task Force ("Regulation of
Large Passenger Vessels in California") was released August
2003.
According to Attachment 1 of the report, International
Council of Cruise Lines (ICCL) "Cruise Industry Waste
Management Practices and Procedures," with regard to
graywater and blackwater, the ICCL member lines have agreed
that graywater and blackwater "will not be discharged in
port and will not be discharged within 4 nautical miles
from shore or such other distance as agreed to with
authorities having jurisdiction or provided for by local
law, except in an emergency, or where geographically
limited. The member lines have further agreed that the
discharge of [graywater and blackwater] will comply with
all applicable laws and regulations." With regard to
advanced wastewater treatment systems, ICCL indicates that,
"These onboard wastewater treatment systems are designed
to result in effluent discharges that are of a high quality
and purity; for example, meeting or surpassing standards
for secondary and tertiary effluents and reclaimed water.
Effluents meeting these high standards would not be
subjected to the strict limitations previously discussed."
The Task Force report includes a recommendation that, "The
federal [Clean Water Act (CWA)] should be amended to allow
California to establish a statewide discharge prohibition
zone for sewage discharge from cruise ships only."
According to the report, "The state currently is unable to
establish a statewide discharge prohibition zone along
California's coast for cruise ships only because discharge
prohibition zones established under CWA do not distinguish
between classes of vessels. If U.S. EPA approves the
state's application to establish a no discharge zone along
the California coast, all vessels in the zone would fall
under the prohibition. Establishing a discharge
prohibition zone requires that a finding be made that
adequate pump-out facilities exist to service all vessels
subject to the prohibition. Such a finding cannot be made
at this time because there are areas along California's
coast where existing pump-out facilities are not adequate.
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There are no pump-out facilities at ports to service cruise
ships, cargo vessels, or other types of vessels." The Task
Force report notes that federal law allows Alaska to
prohibit the discharge of untreated sewage into Alaska
waters "and places new limitations on the discharge of
treated sewage and graywater." The report recommends that
the state request assistance from its congressional
delegation to "allow the state to establish a discharge
prohibition zone in the state's waters specifically for
cruise ships."
The Task Force report also notes that, "Wastewater
discharge should be prohibited in California's National
Marine Sanctuaries." According to the report, "An
exception may be granted for sewage and graywater treated
by a system certified for continuous discharge in Alaska
waters by USCG or a similar certification process. If
certification is granted for vessels with advanced
treatment systems that have received certification, recent
monitoring results from representative samples of
discharging waste streams should be provided to the
appropriate [regional water quality control board]."
Related Legislation
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 under certain
conditions.
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 471 (Simitian), held in the Senate Appropriations
Committee, prohibits cruise ships from conducting onboard
waste incineration while operating within 20 miles of the
California coast and requires use of a specified diesel
fuel while operating within 25 miles of the California
coast.
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AB 906 (Nakano), Chapter 494, Statutes of 2003, prohibits
the release of hazardous waste and "other waste" (i.e.,
photography lab chemicals, dry cleaning chemicals, medical
waste) from large passenger vessels into state marine
waters and marine sanctuaries under certain conditions.
AB 2093 (Nakano), on Senate Third Reading File, prohibits a
large passenger vessel owner or operator from releasing
graywater into state marine waters.
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
Prepare application $50 $50
General
Review discharge $25
General
notifications
Enforcement activities
$50General
SUPPORT : (Verified 8/10/04)
Bluewater Network (source)
California Coastal Commission
Defenders of Wildlife
Environment California
Oceana
Ocean Conservancy
Office of the State Attorney General
Planning and Conservation League
San Diego Baykeeper
Santa Barbara Channelkeeper
Save the Bay
Sierra Club California
Vote the Coast
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OPPOSITION : (Verified 8/10/04)
International Council of Cruise Lines (oppose unless
amended)
ARGUMENTS IN SUPPORT : According to Oceana, "California
has the second largest cruise ship market in the United
States, and the industry expects the number of calls
(nearly 800 in 2003) to increase by 25% during the next
decade. Lax state and federal anti-pollution laws allow
cruise ships to dump inadequately treated sewage in State
waters, and untreated sewage 3 miles from shore. A survey
of cruise ship passengers by Oceana found that 82% believe
stronger laws are needed to prevent cruise ship pollution,
and more than 60% are willing to pay more for cleaner
cruises. The cruise ship industry has already adopted a
voluntary policy of no dumping within State waters, but the
industry's dismal record of complying with existing
regulations clearly warrants the enactment of stronger laws
to address cruise ship dumping."
Oceana believes this bill will ensure that California's
waters are protected from the threat posed by bacteria and
pathogens generated from sewage by the growing fleet of
cruise ships.
ARGUMENTS IN OPPOSITION : According to the International
Council of Cruise Lines, they remain opposed to any bill,
including this bill "which effectively includes a blanket
prohibition on the use of advanced wastewater purification
systems in state waters" stating that these systems should
be encouraged, not banned from use.
Second, they oppose the language in Section 72440(a)(2)
that states that it "is not the Legislature's intent to
establish a no-discharge zone for sewage from all vessels,
but only for a class of vessels, and therefore, does not
require that the board apply to the Administrator of the
United State[s] Environmental Protection Agency" to
authorize the state "to prohibit the release of sewage from
large passenger vessels." They state that this section is
inaccurate and should be removed from the bill.
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ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dymally,
Firebaugh, Frommer, Garcia, Goldberg, Hancock, Harman,
Jerome Horton, Shirley Horton, Jackson, Kehoe, Koretz,
Laird, Leno, Levine, Lieber, Liu, Longville, Lowenthal,
Maddox, Maldonado, Matthews, Montanez, Mullin, Nakano,
Nation, Negrete McLeod, Oropeza, Parra, Pavley, Plescia,
Reyes, Richman, Ridley-Thomas, Salinas, Simitian,
Steinberg, Vargas, Wesson, Wiggins, Wolk, Wyland, Yee,
Nunez
NOES: Aghazarian, Bogh, Cogdill, Cox, Daucher, Dutton,
Haynes, Houston, Keene, La Malfa, La Suer, Leslie, Maze,
McCarthy, Mountjoy, Nakanishi, Pacheco, Runner,
Samuelian, Spitzer, Strickland
NO VOTE RECORDED: Bates, Benoit, Campbell
CP:mel 8/10/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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