BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 935
                                                                  Page 1

          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