BILL NUMBER: SB 1582	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 12, 2008
	AMENDED IN SENATE  MAY 20, 2008
	AMENDED IN SENATE  APRIL 29, 2008
	AMENDED IN SENATE  APRIL 22, 2008
	AMENDED IN SENATE  MARCH 25, 2008

INTRODUCED BY   Senators Simitian and Maldonado

                        FEBRUARY 22, 2008

   An act  to add Section 410.15 to the Code of Civil Procedure,
to add Section 780 to the Penal Code, and  to add and repeal
Chapter 4.5 (commencing with Section 72435) of Division 38 of the
Public Resources Code, relating to ocean resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1582, as amended, Simitian. Ocean resources: ocean rangers.

   Existing 
    (1)     Existing  law prohibits a
large passenger vessel from releasing specified waste streams into
the marine waters of the state and requires the owner or operator of
the vessel to maintain specified records.  Existing federal
law vests the jurisdiction over the admission of foreign aliens with
the federal government. 
   This bill would, until January 1, 2015, require an owner or
operator of a large passenger vessel, on and after  January
  July  1, 2009, or a later specified date, to have
onboard an ocean ranger, as defined,  while the vessel is
operating in the marine waters of the state,  to monitor the
vessel's compliance with the above prohibition, to observe the
maintenance and operational procedures for the onboard waste
treatment systems, and to assist in criminal investigations, subject
to the availability of funding to place an ocean ranger onboard. The
owner or operator would be required to provide specified records for
inspection by the ocean ranger, upon request. The ocean ranger would
be authorized to observe maintenance and operational procedures for
onboard waste treatment systems, and would be authorized to, among
other things, assist the passengers and crew in reporting and
investigating alleged crimes onboard while in the marine waters of
the state, and act as a liaison with the state and the federal
Department of Homeland Security. The ocean ranger would have the
responsibility of reporting incidences of alleged criminal activities
to, and coordinating law enforcement activities with, the local or
federal law enforcement agency with jurisdiction. The bill would
require the Attorney General to negotiate, with specified
jurisdictions, memoranda of understanding establishing terms and
conditions of access to, and egress from, large passenger vessels for
the ocean rangers from ports in those jurisdictions.  On and
after a specified date, a large passenger vessel would be prohibited
from disembarking passengers in the state if the vessel's last port
of call is outside the marine waters of the state and the vessel
operator denies to the ocean ranger or specified equivalent
enforcement personnel access to the vessel at the foreign port.
  If an owner or operator of a large passenger vessel
denies access to a large passenger vessel by an ocean ranger
authorized to be onboa   rd, the bill would subject the
owner or operator to trebled damages for any violation of the state's
water quality laws occurring during the period that access to the
vessel has been denied. The bill would, subject to the limitations of
applicable federal law, provide to a citizen or resident of the
state who is a victim of a serious crime occurring onboard a large
passenger vessel and who has embarked or disembarked in a California
port a cause of action for treble damages. 
   The bill would require the Department of Justice, beginning March
1, 2009, and biennially thereafter, to publish on its Internet Web
site a statistical analysis of crimes committed, investigated, and
resolved onboard a large passenger vessel making port in California.
The department would be required to assess on the owner or operator
of a vessel a fee of $1.50 per passenger who embarks on a cruise, or
who ends a cruise and disembarks, at a port of call in California.
The Department of Justice, would be required, beginning January 1,
2011, to revise annually the fee pursuant to a specified procedure to
ensure that the fee generates sufficient revenues only to cover the
costs of implementing this act, plus a prudent reserve.  The bill
would require   the Department of Finance to complete a
commercial impact report for any passenger fee increase that is
greater than the cost-of-living adjustment as determined by the
United States Bureau of Labor Statistics annual index and to make a
necessity determination on the amount of increase beyond the cost-
  of-   living adjustment.  The bill would
require the State Board of Equalization to collect and deposit the
fee into the Ocean Ranger Program Fund, which the bill would
establish in the State Treasury, and, upon appropriation by the
Legislature, the collected fee would be used for specified purposes.

    If an owner or operator of a large passenger vessel denies access
to a large passenger vessel by an ocean ranger authorized to be
onboard, the bill would subject the owner or operator to a civil fine
of $25,000 per violation in an action brought by the Attorney
General to enforce this act. The fine collected would be deposited
into the Penalty Account, which is hereby created in the Ocean Ranger
Program Fund, and, upon appropriation by the Legislature, would be
disbursed to the Ports of San Francisco, Long Beach, Los Angeles, San
Diego, and Catalina Island to mitigate any impacts caused by the
large passenger vessels on the port facilities. 
   The department would be required, in cooperation with the
Commission on Peace Officer Standards and Training, to develop an
appropriate course of training for ocean rangers. The department
would be required to develop and periodically update specified
training for, and to contract with a qualified entity to provide
training for, an ocean ranger who would conduct environmental
compliance activities. The department would be required to contract
with an entity to provide personnel qualified as ocean rangers to
conduct environmental compliance activities.
   The bill would provide that the department would implement this
act in conformity with the requirements of international and federal
law.
   This bill would  be   provide that the above
requirements would be  repealed by its own terms
 on January 1, 2015. 
   (2) Existing law authorizes the courts of the state to exercise
jurisdiction consistent with the Constitution of the state and of the
United States.  
   This bill would specifically provide that the courts of the state
may exercise jurisdiction over acts or omissions occurring onboard
large passenger vessels, as defined, under specified circumstances.
 
   (3) Existing state law generally regulates large passenger vessels
while they operate in the marine waters of California.  
   This bill would create a special maritime criminal jurisdiction of
California that extends to acts or omissions onboard a ship outside
of California under specified circumstances. The bill would provide
that an act or omission against the person or property of another
that is punishable by law when committed within California shall be
punishable in the same manner when committed within the special
maritime criminal jurisdiction of this state, as specified. The bill
would require the Attorney General to take all measures necessary to
ensure that California law enforcement officers and prosecutors
respect certain principles in applying the provisions of the bill.

   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.  The Legislature finds and declares all of the
following: 
   (a) The cruise industry provides significant economic benefits to
California's cruise ports and their communities. In 2008, California
cruise ports will welcome 628 cruise ship visits carrying nearly 2.2
million passengers. According to California cruise ports, economic
benefit from passengers in California is estimated to be four hundred
fifty million dollars ($450,000,000) in 2008 with continued growth
anticipated annually. California cruise ports are committed to
enhancing the experience of each and every passenger and to ensuring
that such passengers continue to return to California cruise ports
year after year.  
   (a) 
    (b)  More cruise ships are calling upon California ports
of call every year. The cruise ship fleet is increasing in size and
carrying capacity and producing increasing volumes of solid and
liquid waste. 
   (b) 
    (c)  Improperly treated wastes released into the
environment can significantly impact California's aquatic ecosystems
and the people and industries that depend upon them. 
   (c) 
    (d)  The cruise ship industry has a poor record on
self-policing environmental practices. 
   (d) 
    (e)  California's zero-discharge law for cruise ships
does not provide independent oversight of the industry or
verification of the zero-discharge requirement. 
   (e) 
    (f)  Millions of American citizens travel on cruise
ships every year and numerous documented cases exist of serious
crimes against passengers by other passengers and crew members.

   (f) The cruise ship industry has failed to adopt adequate measures
to protect passengers from theft, rape, assaults, and suspected
homicides, or to provide the necessary assistance to United States
public safety officers investigating these crimes.  
   (g) The physical safety of the passengers and crew should be the
highest priority of the cruise line industry. The industry, through
its trade organization has appeared before the United States Congress
and the Legislature and asserted that there is no crime problem
onboard large passenger vessels. The industry testified that the
Federal Bureau of Investigation supports the industry claim that the
incidence of violent crime onboard large passenger vessels is .01
percent. The Federal Bureau of Investigation directly refutes this
number and clarifies that .01 percent is what is reported to them by
the cruise line industry.  
   (h) Independent crime statistics presented before the United
States Congress show that one has a 50 percent greater chance of
sexual assault on a large passenger vessel as compared to the United
States generally. The rate of sexual assault in the United States is
32 per 100,000 population. The rate of sexual assault on large
passenger vessels was 48 per 100,000 in 2007. That rate was 17.6 per
100,000 from 2003 to 2005, inclusive. This is more than a 170 percent
increase in the sexual assault rate on large passenger vessels
between 2005 and 2007. 
   SEC. 2.    Section 410.15 is added to the  
Code of Civil Procedure  , to read:  
   410.15.  (a) A court of this state may exercise jurisdiction over
an act or omission occurring outside the state onboard a large
passenger vessel under any of the following circumstances:
   (1) The act or omission has a significant impact on California.
   (2) The owner or operator of a large passenger vessel has
substantial contacts with the state, including, but not limited to,
any of the following:
   (A) Having offices in the state.
   (B) Advertising for passengers, or employees, or both passengers
and employees.
   (C) Embarking or disembarking passengers in the state.
   (D) Disposing of solid and liquid waste in the state, generated
outside of the state.
   (3) There are victims of crime or witnesses to criminal or civil
violations on the large passenger vessel who are residents or
citizens of the state or a state that consents to the jurisdiction of
this state.
   (4) The state in whose territory the act or omission occurred
requests the exercise of jurisdiction by this state.
   (5) The act or omission occurred during a voyage on which over
half of the feepaying passengers onboard the large passenger vessel
originally embarked and finally disembarked in this state, without
regard to intermediate stopovers.
   (b) For the purposes of this section, "large passenger vessel" has
the same meaning as that set forth in Section 72410 of the Public
Resources Code.
   (c) This section does not limit or enlarge the jurisdiction
provided pursuant to Section 410.10. 
   SEC. 3.    Section 780 is added to the  
Penal Code   , to read:  
   780.  (a) The Legislature finds and declares all of the following:

   (1) California is a major center for international travel and
trade by sea.
   (2) California has an interest in ensuring the protection of
persons traveling to or from California by sea.
   (3) California has an interest in cooperating with the masters of
ships and the governments of the United States and other states in
the maintenance of law and order onboard ships.
   (4) The interests of California do not, in principle, require a
general assertion of primary jurisdiction over acts or omissions at
sea that would duplicate or conflict with the execution of any law
enforcement responsibility of any other jurisdiction.
   (5) California should establish special maritime criminal
jurisdiction extending to acts or omissions onboard ships outside of
the state under the circumstances described in this section.
   (b) As used in this section, the following definitions apply:
   (1) "Flag state" means the state under whose laws a ship is
registered.
   (2) "Ship" means any watercraft or other conveyance used, capable
of being used, or intended to be used as a means of transportation on
water.
   (3) "State" means any foreign state, the United States or any
state, territory, possession, or commonwealth thereof, or the
District of Columbia.
   (c) The special maritime criminal jurisdiction of California
extends to acts or omissions onboard a ship outside of California
under any of the following circumstances:
   (1) There is a suspect onboard the ship who is a resident of
California or of a state that consents to the jurisdiction of
California.
   (2) The master of the ship or an official of the flag state
commits a suspect onboard the ship to the custody of a law
enforcement officer acting under the authority of California.
   (3) The state in whose territory the act or omission occurred
requests the exercise of jurisdiction by California.
   (4) The act or omission occurs during a voyage where over half of
the revenue passengers onboard the ship originally embarked and plan
to finally disembark in California, without regard to intermediate
stopovers.
   (5) The victim is a California law enforcement officer onboard the
ship performing his or her official duties.
   (6) The act or omission constitutes an attempt or conspiracy to
cause a substantial effect in California that is an element of the
offense charged.
   (7) The act or omission is one over which a state may exercise
criminal jurisdiction under international law or treaty.
   (d) An act or omission against the person or property of another
that is punishable by law when committed within California shall be
punishable in the same manner when committed within the special
maritime criminal jurisdiction of California, provided that the
criminal laws of the United States prohibit substantially the same
act or omission onboard ships of the United States registry outside
of the territory of the United States. Except for the circumstances
that are within the purview of paragraph (6) or (7) of subdivision
(c), it shall be an affirmative defense that the act or omission was
authorized by the master of the ship or an officer of the flag state
in accordance with the laws of the flag state and international law.
No person shall be tried under this section if that person has been
tried by another state for substantially the same act or omission.
   (e) The Attorney General shall take all measures necessary to
ensure that California law enforcement officers and prosecutors
conform their actions to the following principles in applying the
provisions of this section:
   (1) This section is not intended to assert priority over or
otherwise interfere with the exercise of criminal jurisdiction by the
United States, the flag state, or the state in whose territory an
act or omission occurs.
   (2) This section shall be administered in a manner consistent with
international law, with the primary responsibility of the flag state
for the maintenance of order onboard ship, and with the
responsibilities of the federal government under the Constitution,
treaties, and laws of the United States.
   (3) This section shall be applied with the cooperation of the flag
state and the master of the ship where feasible.
   (f) This section does not do any of the following:
   (1) Authorize the boarding, search, or detention of a ship or of
persons or property onboard a ship without the consent of the flag
state or the master of the ship, if the ship is located outside of
California or if the necessary law enforcement activities are
otherwise beyond the jurisdiction of California or the United States.

   (2) Restrict the application or enforcement of other laws of
California or of the duty of law enforcement officers to protect
human life, property, or the marine environment from imminent harm.
   (3) Constitute an assertion of jurisdiction over acts or omissions
of military or law enforcement officers authorized by a state in
accordance with international laws.
   (4) Prohibit the operation of gaming, games of chance, or other
gaming activities otherwise allowable outside the territorial waters
of the State of California. 
   SEC. 2.   SEC. 4.   Chapter 4.5
(commencing with Section 72435) is added to Division 38 of the Public
Resources Code, to read:
      CHAPTER 4.5.  OCEAN RANGERS


   72435.  (a) Unless the content otherwise requires, the definitions
set forth in this section govern this chapter.
   (b) "Department" means the Department of Justice.
   (c) "Environmental marine ranger" means a person who is a United
States Coast Guard licensed merchant marine officer with at least 720
days of shipboard employment within the past five years in the
capacity of a second assistant engineer (any horsepower) or a second
mate (unlimited), or a higher shipboard position, with a valid
certificate issued pursuant to the Standards of Training and
Certification and Watchkeeping (STCW) for Seafarers, 1978, as
amended.
   (d) "Fund" means the Ocean Ranger Program Fund established
pursuant to Section 72435.7.
   (e) "Ocean ranger" means either of the following:
   (1) An investigator specified in subdivision (b) of Section 830.1
of the Penal Code or a peace officer of a public law enforcement
agency in the state if the department entered into a contract with
the public law enforcement agency for the provision of this
personnel.
   (2) An environmental marine ranger provided by an entity pursuant
to a contract with the department under Section 72435.2. 
   (f) "Passenger" means a person who, for a fee, hires a large
passenger vessel for transportation. 
   72435.1.  (a) (1) The department shall, in cooperation with the
Commission on Peace Officer Standards and Training, develop and
periodically update an appropriate training course for the ocean
ranger specified in paragraph (1) of subdivision (e) of Section
72435.
   (2) An investigator serving as an ocean ranger pursuant to
paragraph (1) of subdivision (e) of Section 72435 shall complete the
course developed pursuant to paragraph (1) before being assigned to a
large passenger vessel.
   (b) (1) For the training of the ocean ranger specified in
paragraph (2) of subdivision (e) of Section 72435 for work on a large
passenger vessel pursuant to this chapter, the department shall
contract with a training facility that provides a course established
subsequent to 2006 and updated annually. The training course shall
include, at a minimum, all of the following:
   (A) Applicable international, federal, state, and local
environmental laws and regulations.
   (B) Records and sampling of all regulated waste streams and
discharges.
   (C) Reporting requirements.
   (D) Spill and environmental response plans.
   (E) Prohibited activities.
   (F) Shipboard security plans.
   (G) Any other subjects that the department deems appropriate.
   (2) A person serving as an ocean ranger pursuant to paragraph (2)
of subdivision (e) of Section 72435 shall complete the training
course specified in paragraph (1) before being assigned to a large
passenger vessel.
   72435.2.  (a) The department shall contract with an entity to
provide for qualified environmental marine rangers to serve as ocean
rangers.
   (b) (1) A contract entered into pursuant to subdivision (a) shall
require the contracting entity to reimburse to the operator of a
vessel for providing room and board to an ocean ranger assigned to
the vessel pursuant to this chapter.
   (2) Calculations for the ocean ranger's room and board shall be
based on providing a single, inside room on the vessel in the lowest
price category.
   72435.3.  (a) (1) The Attorney General shall negotiate a
memorandum of understanding with appropriate state, national,
provincial authorities from Alaska, Washington, Hawaii, and, as
applicable under international and federal law, Canada and Baja
California. The memorandum of understanding shall establish terms and
conditions of access to, and egress from, large passenger vessels
for the ocean ranger from ports in those jurisdictions pursuant to
this chapter or for equivalent law enforcement and environmental
enforcement personnel from those foreign jurisdictions. The
memorandum of understanding shall require the ocean ranger or the
specified equivalent law and marine enforcement personnel to board
the large passenger vessel at the last port of call made by the
vessel before the vessel enters into the marine waters of the state.
   (2) In implementing this chapter, the Attorney General shall, to
the greatest extent feasible, pursue the goal of having the ocean
rangers specified in paragraph (1) of subdivision (e) of Section
72435 be cross-deputized with the United States Coast Guard, the
Federal Bureau of Investigation, and other state, federal, and
international law enforcement agencies.
   (b) (1) Not later than January 1, 2010, the Attorney General shall
place an ocean ranger  on board   onboard 
large passenger vessels as soon as practicable considering the
requirements of this chapter.
   (2) An ocean ranger shall be onboard a large passenger vessel if
the Attorney General has a memorandum of understanding with the
jurisdiction of the last port of call or the next port of call of
that vessel, and sufficient funds are available to place an ocean
ranger onboard.
   (3) If there is no memorandum of understanding with the applicable
jurisdiction on or before January 1, 2010, an ocean ranger shall be
on the vessel three months after a memorandum of understanding has
been entered into between the Attorney General and the applicable
jurisdiction, and sufficient funds are available to place an ocean
ranger onboard. 
   (c) On and after the applicable date specified in subdivision (b),
a large passenger vessel making a port of call in the state shall
not disembark any passengers at a California port if the last port of
call is in Hawaii, Alaska, Washington, Canada, or Baja California
and an ocean ranger or equivalent enforcement personnel specified in
subdivision (a), authorized by the memorandum of understanding
entered into pursuant to subdivision (a), has been denied access at
the last port of call to the vessel by the vessel operator, unless
the Attorney General determines that there are insufficient funds to
place an ocean ranger onboard all large passenger vessels. 

   (4) All ocean rangers hired or contracted for by the Attorney
General and all program costs resulting from the implementation of
this chapter shall be funded through fees raised pursuant to this
chapter and shall not be taken from existing funds utilized by police
agencies, nor shall existing law enforcement personnel be diverted
for the implementation of this chapter absent additional funding to
pay the costs of the diversion.  
   (c) (1) If the owner or operator of a large passenger vessel
denies access to an ocean ranger authorized to be onboard pursuant to
this chapter, the owner or operator shall be liable for a civil fine
of twenty-five thousand dollars ($25,000) for each violation in an
action brought by the Attorney General to enforce this chapter. 

   (2) The civil fines collected pursuant to this subdivision by the
Attorney General shall be deposited into the Penalty Account, which
is hereby created in the fund, and, upon appropriation by the
Legislature, distributed to the Ports of San Francisco, Long Beach,
Los Angeles, San Diego, and Catalina Island, to be utilized to
mitigate costs resulting from impacts of large passenger vessels on
the port facilities.  
   (d) If the owner or operator of a large passenger vessel denies
access to an ocean ranger authorized to be onboard pursuant to this
chapter, the owner or operator shall be liable for treble damages for
any violation of applicable state water quality laws occurring
during the period that access to the vessel has been denied. 

   (e) Subject to the limitations of all applicable federal laws, if
the owner or operator of a large passenger vessel denies access to an
ocean ranger authorized to be onboard a large passenger vessel
pursuant to this chapter, a citizen or resident of California, who is
a victim of a serious crime occurring onboard the large passenger
vessel and has embarked or disembarked in a California port, shall
have a civil cause of action in the venue where the passenger
embarked or disembarked in California and the remedy for any damages
shall be trebled. 
   (d) For a large passenger vessel embarking for an international
destination from a port in the state, and not returning to the state
within seven days, or making a port of call in Hawaii or Alaska,
arrangements shall be made between the vessel operator and the
department for the ocean ranger to disembark the ship or to remain in
the first port of call outside the state. If a memorandum of
understanding is not entered into with the appropriate governmental
authorities in Baja California for a vessel bound for Mexico,
arrangements shall be made between the Attorney General and the
vessel operator for the ocean ranger to disembark the ship.
   (e) The department shall have sole responsibility for notifying
the large passenger vessel operators and the local government
entities that regulate California ports of a large passenger vessel
owner or operator's compliance or noncompliance with this chapter and
the status of the memoranda of understanding required by this
section.
   72435.4.  (a) (1)  For a large passenger vessel operating
in the marine waters of the state, an   An  ocean
ranger specified in paragraph (1) of subdivision (e) of Section 72435
onboard the vessel may do both of the following:
   (A) Assist the passengers and crew, as needed, with reporting
alleged crimes occurring onboard and advising, where requested, on
the proper law enforcement procedures regarding the gathering of
evidence from alleged crime scenes  and ensuring the process
 concerning witness identification and interviews is
initiated.
   (B) Act as a liaison with the state and the federal Department of
Homeland Security, as necessary or as requested by those two
entities.
   (2) When a large passenger vessel enters a port in California, the
ocean ranger specified in paragraph (1) of subdivision (e) of
Section 72435 shall report incidences of alleged criminal activities
occurring onboard to, and coordinate law enforcement activities with,
the local or federal law enforcement agency with jurisdiction.
Except as provided by any other provision of law, a port district
with jurisdiction over the port is not responsible for the reporting
of incidences of alleged criminal activities to, and coordination of
law enforcement activities with, the local or federal law enforcement
agency.
   (3) On and after March 1, 2009, the department shall publish on
its Internet Web site a statistical analysis, broken down by large
passenger vessel operator and by large passenger vessel, of crimes
committed, investigated, and resolved onboard each vessel making port
in California. The report shall be updated, at a minimum,
biennially.
   (b)  For a large passenger vessel operating in the marine
waters of the state, an   An  ocean ranger
specified in paragraph (2) of subdivision (e) of Section 72435
onboard the vessel may do both of the following:
   (1) Monitor a large passenger vessel's compliance with the
requirements of Chapter 3 (commencing with Section 72420) if the
applicable federal agencies approve an application made pursuant to
subdivision (a) of Section 72440  while the vessel is
operating in the marine waters of the state  .
   (2) Observe maintenance and operational procedures for onboard
vessel treatment systems.
   72435.5.  (a) The owner or operator of a large passenger vessel
shall make available, upon request, an applicable record on the
vessel's compliance with the requirements of Chapter 3 (commencing
with Section 72420) for inspection by an ocean ranger.
   (b) To the extent allowable under international and federal laws,
the owner or operator of a large passenger vessel shall provide to an
ocean ranger access to the vessel's security plan.
   72435.6.  (a) (1) Beginning  January 1,  
July 1,  2009, the department shall assess on an owner or
operator of a large passenger vessel a fee of one dollar and fifty
cents ($1.50) per passenger who embarks on a cruise from a port of
call in California and one dollar and fifty cents ($1.50) per
passenger who ends a cruise and disembarks at a port of call in
California.
   (2) The fee specified in paragraph (1) shall not be assessed for a
passenger who does not begin or end a cruise at a port of call in
California. 
   (3) At the bottom of a ticket sold to a customer embarking,
disembarking, or both at a port in California, there shall appear the
following language: 


   "This fee is assessed on each passenger to place a licensed
California peace officer and a certified marine engineer onboard this
vessel to enhance passenger safety and increase environmental
protections." 


   (b) The fee specified in subdivision (a) shall be revised on or
before January 1, 2011, and annually thereafter, pursuant to
subdivision (c) to ensure that the fees collected are sufficient only
to generate revenue to cover the costs of implementing this chapter,
plus a prudent reserve.
   (c) The fee specified in subdivision (a) shall be revised as
follows:
   (1) On or before March 1, 2010, and on or before March 1 annually
thereafter, the department shall submit to the Department of Finance
an annual work plan. In determining the annual costs of implementing
the work plan, no more than 3 percent of the annual cost shall
include the department's costs for overhead and administration.
   (2) On or before July 1, 2010, and on or before July 1 annually
thereafter, the Department of Finance shall certify that the proposed
work plan is feasible and that the department's estimated costs for
implementing the work plan are within 25 percent of the estimate
determined by the Department of Finance to implement the annual work
plan. The Department of Finance shall establish the necessary
passenger fee, based on the department's estimated costs, which shall
take effect beginning January 1, 2011. The Department of Finance
shall revise annually the passenger fee, pursuant to this paragraph,
which shall take effect on January 1 of each year thereafter. On or
before October 1, 2010, and annually thereafter, the Department of
Finance shall report the new fee that would be effective beginning
January 1, 2011, and annually thereafter.
   (3) If the Department of Finance does not certify the department's
proposed work plan and the cost estimate pursuant to paragraph (2),
the department and the Department of Finance shall meet and confer,
and produce a final work plan and cost estimate on or before
September 1 after the date that the decision not to certify the work
plan and cost estimate was made.
   (4) If, after the meet and confer conducted pursuant to paragraph
(3), the department and the Director of Finance fail to agree on the
work plan and cost estimate, this issue shall be brought before the
Governor for resolution.
            (d) If the revised fee has not been settled in a timely
manner pursuant to subdivision (c), the existing fee shall remain in
place until a revised fee is established.
   (e) (1) Prior to January 1, 2011, the department shall hire or
contract for only the number of ocean rangers that can be fully
funded with the fees collected pursuant to this section.
   (2) The department shall have the discretion to determine the best
method for a phased implementation of the placement of ocean rangers
onboard a large passenger vessel pursuant to this chapter. 
   (f) If the proposed increase in the passenger fee is greater than
the cost-of-living adjustment as determined by the United States
Bureau of Labor Statistics annual index, the Department of Finance
shall complete a commercial impact report analyzing how the proposed
increase would affect the commercial position of California cruise
ports and the net benefits to their passengers, and shall make a
determination on the necessity of the increase beyond the
cost-of-living adjustment. 
   72435.7.  (a) Revenue generated from the fees collected pursuant
to this section shall be deposited into the Ocean Ranger Program
Fund, which is hereby created in the State Treasury. Upon
appropriation by the Legislature, the Controller shall disburse money
in the fund for all of the following purposes:
   (1) To pay refunds to an owner or operator of a large passenger
vessel for the collection of excessive fees.
   (2) To reimburse the department for the training of ocean rangers
and the implementation of this chapter.
   (3) To reimburse the Controller for the costs incurred in
implementing this chapter.
   (4) To reimburse the Department of Finance for the costs incurred
in implementing this chapter.
   (5) To reimburse the State Board of Equalization for costs
incurred during the 2008-09 fiscal year in implementing this chapter
that were not recovered pursuant to subdivision (c).
   (b) The State Board of Equalization shall administer and collect
the fee specified in Section 72435.6 in accordance with the Fee
Collection Procedure Law (Part 30 (commencing with Section 55001) of
Division 2 of the Revenue and Taxation Code).
   (c) The fee imposed pursuant to subdivision (b) of Section 72435.6
shall be due and payable to the State Board of Equalization on or
before the last day of each quarter in which a large passenger vessel
was docked in the state. The payments shall be accompanied by a
return in a form as prescribed by the State Board of Equalization,
including, but not limited to, electronic media. Returns shall be
authenticated in a form or pursuant to methods as may be prescribed
by the State Board of Equalization.
   (d) After deducting the administrative costs incurred in the
collection of the fee, the State Board of Equalization shall deposit
the remaining amount into the fund.
   (e) (1) Before January 1, 2010, upon appropriation by the
Legislature, the Controller shall disburse the money in the fund to
the department on a monthly basis to ensure that no more than 30 days'
expenses for the implementation of this chapter are charged to the
General Fund.
   (2) On and after January 1, 2010, upon appropriation by the
Legislature, the Controller shall disburse the money in the fund to
the department, on a quarterly basis, to reimburse the department for
the costs of implementing this chapter.
   72435.8.  On or before January 1, 2014, the department shall
submit to the Legislature a report that includes, but is not limited
to, all of the following information:
   (a) A yearly breakdown of costs of the program.
   (b) The total fees generated.
   (c) The number of ocean rangers hired.
   (d) The ongoing staffing requirements of the program.
   (e) The number of environmental violations reported pursuant to
this chapter.
   (f) The number of criminal allegations in which an ocean ranger
had been involved.
   (g) The number of complaints filed by passengers and crew against
the ocean rangers.
   72435.9.  The department shall implement this chapter in
conformity with all applicable requirements of international and
federal law.
   72435.10.  The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
   72435.11.  This chapter shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.