BILL ANALYSIS Ó 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 SB 935 Page 2 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 SB 935 Page 3 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 Page 4 Support None on file. Opposition None on file. Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916) 319-3965