BILL ANALYSIS Ó
SB 935
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Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
SB 935 (Senate Environmental Quality) - As Introduced: March
14, 2011
SENATE VOTE : 39 - 0
SUBJECT : Ballast water: Marine Invasive Species Act.
SUMMARY : Makes technical modifications to the Marine Invasive
Species Act. Specifically, this bill :
1)Updates the definitions of terms, including:
a) Changes the term "bio-fouling" to "hull fouling."
b) Changes the term "wetted portion of a vessel" to
"submerged portion of a vessel," and expands the definition
to include internal piping structures in contact with water
taken onboard.
2)Extends the date, from on or before January 1, 2008, to on or
before January 1, 2016, by which the California State Lands
Commission (SLC) must approve the application by an owner or
operator of a vessel to install an experimental ballast water
treatment system in order to require the SLC to deem that
system to be in compliance with any future ballast water
treatment standard adopted, as specified.
3)Codifies ballast water discharge standards recommended in
Table x-1 of the California State Lands Commission Report on
Performance Standards for Ballast Water Discharges in
California Waters, instead of referencing the report.
4)Makes conforming changes.
5)This is an urgency measure.
EXISTING LAW : Under the Marine Invasive Species Act (Act):
1)Defines terms for the purposes of the Act.
2)Requires the master, owner, operator, or person in charge of a
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vessel carrying, or capable of carrying, ballast water, that
operates in the waters of the state to take specified
precautions to minimize the uptake and the release of
nonindigenous species.
3)Requires the SLC to adopt regulations governing the evaluation
and approval of shipboard experimental ballast water treatment
systems, as specified.
4)Provides that if an owner or operator of a vessel applies to
install an experimental ballast water treatment system, and
the SLC approves that application on or before January 1,
2008, the SLC is required to deem the system to be in
compliance with any future treatment standard adopted, for a
period not to exceed five years from the date that the interim
performance standards adopted, as specified, would apply to
that vessel.
5)Requires the SLC to adopt regulations that require an owner or
operator of a vessel carrying, or capable of carrying, ballast
water that operates in the waters of the state to implement
the interim performance standards for the discharge of ballast
water recommended in accordance with Table x-1 of the
California State Lands Commission Report on Performance
Standards for Ballast Water Discharges in California Waters,
as approved by SLC on January 26, 2006.
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the Senate Environmental
Quality Committee, "This measure makes technical changes to the
Marine Invasive Species Act for more effective implementation by
the SLC. These changes are a result of a collaborative process
and based upon information included in mandated reports
submitted by SLC."
California's Marine Invasive Species Program : According to the
SLC, the Marine Invasive Species Program strives to prevent
nonindigenous species release from commercial vessels to
California waters. The program began in 1999 with the passage
of California's Ballast Water Management for Control of
Nonindigenous Species Act, which addressed the threat of species
introductions through ships' ballast water during a time when
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federal regulations were not mandatory. In 2003, the Marine
Invasive Species Act was passed in California, reauthorizing and
expanding the 1999 Act. Subsequent amendments to the Marine
Invasive Species Act and additional legislation has further
expanded the scope of the program to include research,
management and policy development related to vessel fouling and
ballast water treatment technologies.
Federal Shipboard Technology Evaluation Program (STEP): The
U.S. Coast Guard's STEP program is intended to facilitate the
development of effective ballast water management system
technologies. STEP participation is available to all foreign
and domestic vessels subject to the Coast Guard's Ballast Water
Management (BWM) regulations. Vessels accepted into this
voluntary, no-cost program may be granted an equivalency to
future ballast water discharge standard regulations, for up to
the life of the vessel or the system, while their BWM system
operates satisfactorily.
"Grandfather" extension : Current law provides that if an owner
or operator of a vessel applies to install an experimental
ballast water treatment system, and the SLC approved that
application on or before January 1, 2008, the SLC was required
to deem the system to be in compliance with any future ballast
water treatment standard adopted for a period not to exceed five
years, thus "grandfathering" them in. This bill extends the
date, to 2016, by which the SLC must approve an application for
the same "grandfathering exemption."
According to the Senate Environmental Quality Committee, the
restrictive nature of the January 1, 2008, approval deadline has
hampered the ability of SLC staff to allow vessels enrolled in
STEP to continue to operate in California waters. Only 5 STEP
vessels have permission to operate in California waters (with a
5 year "grandfathering" to meet California's standards). The
Committee believes that allowing additional STEP vessels,
enrolled after January 1, 2008, to operate under the
"grandfathering" clause will enhance the ability of both
California and the federal government to better evaluate the
performance of treatment technologies and to closely monitor the
installation, maintenance and use of these systems on
operational vessels.
REGISTERED SUPPORT / OPPOSITION :
SB 935
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Support
None on file.
Opposition
None on file.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965