California Legislature—2015–16 Regular Session

Assembly Bill No. 1312

Introduced by Assembly Member O'Donnell

February 27, 2015

An act to amend Sections 71200, 71204.3, 71204.7, 71205, 71205.3, 71206, and 71207 of, and to repeal Sections 71204.2, 71204.5, and 71210.5 of, the Public Resources Code, relating to ballast water management.

LEGISLATIVE COUNSEL’S DIGEST

AB 1312, as introduced, O'Donnell. Ballast water management.

The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.

This bill would define the term “port” for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.

The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable or carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessel’s departure from each California port of call.

This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives to that California port or, if a vessel’s voyage is less than 24 hours in total duration, prior to departing the port of departure.

The act requires the commission to adopt specified regulations, on or before January 1, 2008, 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 an interim performance standard, as prescribed, for specified periods and the final performance standard for the discharge of ballast water of zero detectable for all organism size classes by 2020. The act specifies that if an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2016, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed 5 years from the date that the specified interim performance standards would apply to that vessel.

This bill would instead require the commission to adopt regulations that require, on and after January 1, 2020, an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes, as described. This bill would also extend to January 1, 2020, the operation of those provisions governing the compliance of experimental ballast water treatment systems with those specified interim performance standards.

The act requires the commission, in coordination with the United States Coast Guard, to take samples of ballast water and sediment from at least 25% of the arriving vessels subject to the act.

This bill would instead require the commission, in consultation with the United States Coast Guard, to take samples and inspect at least 25% of the arriving vessels subject to the act.

The act requires the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and a specified technical advisory group, to prepare and submit to the Legislature, on or before January 1, 2006, a specified report on the release of nonindigenous species from vessels.

This bill would delete that obsolete reporting requirement, and make various other changes relating to implementation of the act.

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.  

Section 71200 of the Public Resources Code is
amended to read:

71200.  

Unless the context otherwise requires, the following
definitions govern the construction of this division:

(a) “Ballast tank” means a tank or hold on a vessel used for
carrying ballast water, whether or not the tank or hold was designed
for that purpose.

(b) “Ballast water” means water and suspended matter taken on
board a vessel to control or maintain trim, draft, stability, or stresses
of the vessel, without regard to the manner in which it is carried.

(c) “Biofouling” means the attachment or association of marine
organisms to the wetted portion of a vessel or its appurtenances,
including, but not limited to, sea chests, propellers, anchors, and
associated chains.

(d) “Board” means the State Water Resources Control Board.

(e) “Coastal waters” means estuarine and ocean waters within
200 nautical miles of land or less than 2,000 meters (6,560 feet,
1,093 fathoms) deep, and rivers, lakes, or other water bodies
navigably connected to the ocean.

(f) “Commission” means the State Lands Commission.

(g) “EEZ” means exclusive economic zone, which extends from
the baseline of the territorial sea of the United States seaward 200
nautical miles.

(h) “Exchange” means to replace the water in a ballast tank
using either of the following methods:

(1) “Flow through exchange,” which means to flush out ballast
water by pumping three full volumes of mid-ocean water through
the tank, continuously displacing water from the tank, to minimize
the number of original coastal organisms remaining in the tank.

(2) “Empty/refill exchange,” which means to pump out, until
the tank is empty or as close to 100 percent empty as is safe to do
so, the ballast water taken on in ports, or estuarine or territorial
waters, then to refill the tank with mid-ocean waters.

(i) “Mid-ocean waters” means waters that are more than 200
nautical miles from land and at least 2,000 meters (6,560 feet,
1,093 fathoms) deep.

(j) “Nonindigenous species” means any species, including, but
not limited to, the seeds, eggs, spores, or other biological material
capable of reproducing that species, or any other viable biological
material that enters an ecosystem beyond its historic range,
including any of those organisms transferred from one country
into another.

(k) “Pacific Coast Region” means all coastal waters on the
Pacific Coast of North America east of 154 degrees W longitude
and north of 25 degrees N latitude, exclusive of the Gulf of
California. The commission may modify these boundaries through
regulation if the proponent for the boundary modification presents
substantial scientific evidence that the proposed modification is
equally or more effective at preventing the introduction of
nonindigenous species through vessel vectors as the boundaries
described herein.

(l) “Person” means an individual, trust, firm, joint stock
company, business concern, or corporation, including, but not
limited to, a government corporation, partnership, limited liability
company, or association. “Person” also means a city, county, city
and county, district, commission, the state, or a department, agency,
or political subdivision of the state, an interstate body, or the United
States and its agencies and instrumentalities, to the extent permitted
by law.

begin insert

(m) “Port” means any port or place in which a vessel was, is,
or will be anchored or moored, or where a vessel will transfer
cargo.

end insert begin delete

(m)

end delete

begin insert (n) end insert  “Sediments” means matter settled out of ballast water within
a vessel.

begin delete

(n)

end delete

begin insert (o) end insert  “Waters of the state” means surface waters, including saline
waters, that are within the boundaries of the state.

begin delete

(o)

end delete

begin insert (p) end insert  “Wetted portion of a vessel” means all parts of a vessel’s
hull and structures that are either submerged in water when the
vessel is loaded to the deepest permissible legal draft or associated
with internal piping structures in contact with water taken onboard.

begin delete

(p)

end delete

begin insert (q) end insert  “Vessel” means a vessel of 300 gross registered tons or
more.

begin delete

(q)

end delete

begin insert (r) end insert  “Voyage” means any transit by a vessel destined for a
California port begin delete or place end delete from a port begin delete or place end delete outside of the coastal
waters of the state.

SEC. 2.  

Section 71204.2 of the Public Resources Code is
repealed.

begin delete

71204.2.  

Prior to and until the date of implementation of the
regulations described in Section 71204.5, and subject to Section
71203, the master, operator, or person in charge of a vessel that
arrives at a California port or place from a port or place outside of
the EEZ shall employ at least one of the following ballast water
management practices:

(a) Exchange the vessel’s ballast water in mid-ocean waters,
before entering the waters of the state.

(b) Retain all ballast water on board the vessel.

(c) (1) Discharge the ballast water at the same location where
the ballast water originated, provided that the master, operator, or
person in charge of the vessel can demonstrate that the ballast
water to be discharged was not mixed with ballast water taken on
in an area other than mid-ocean waters.

(2) For purposes of this subdivision, “same location” means an
area within one nautical mile (6,000 feet) of the berth or within
the recognized breakwater of a California port or place, at which
the ballast water to be discharged was loaded.

(d) Use an alternative, environmentally sound method of ballast
water management that, before the vessel begins the voyage, has
been approved by the commission or the United States Coast Guard
as being at least as effective as exchange, using mid-ocean waters,
in removing or killing nonindigenous species.

(e) Discharge the ballast water to a reception facility approved
by the commission.

(f) Under extraordinary circumstances, perform a ballast water
exchange within an area agreed to by the commission in
consultation with the United States Coast Guard at or before the
time of the request.

end delete

SEC. 3.  

Section 71204.3 of the Public Resources Code is
amended to read:

begin delete

71204.3.  

Commencing on

end delete

begin insert

begin insert 71204.3. end insert   

end insert begin insert

(a) The commission shall adopt regulations governing
ballast water management practices for vessels arriving at a
California port from a port outside of the Pacific Coast Region.
The commission shall consider vessel design and voyage duration
in developing these regulations. The regulations shall be based
on the best available technology economically achievable, and
shall be designed to protect the waters of the state. The regulations
shall include, as appropriate, restrictions or prohibitions on
discharge of ballast water containing nonindigenous species into
areas in and outside estuaries and into ocean areas shown to have
a capacity to retain organisms.

end insert begin insert

(b) Subject to Section 71203, the master, operator, or person
in charge of a vessel arriving at a California port from a port
outside of the Pacific Coast Region shall comply with these
regulations.

end insert

begin insert (c) end insert begin insert   end insert begin insert Prior to and until end insert the date of implementation of the
regulations described in begin delete Section 71204.5, end delete begin insert subdivision (a), end insert and
subject to Section 71203, the master, operator, or person in charge
of a vessel that arrives at a California port from a port outside of
the Pacific Coast Region shall employ at least one of the following
ballast water management practices:

begin delete

(a)

end delete

begin insert (1) end insert  Exchange the vessel’s ballast water in mid-ocean waters,
before entering the coastal waters of the state.

begin delete

(b)

end delete

begin insert (2) end insert  Retain all ballast water on board the vessel.

begin delete

(c) (1)

end delete

begin insert (3) end insert begin insert   end insert begin insert (A) end insert  Discharge the ballast water at the same location where
the ballast water originated, provided that the master, operator, or
person in charge of the vessel can demonstrate that the ballast
water to be discharged was not mixed with ballast water taken on
in an area other than mid-ocean waters.

begin delete

(2)

end delete

begin insert (B) end insert  For purposes of this begin delete subdivision, end delete begin insert paragraph, end insert “same location”
means an area within one nautical mile (6,000 feet) of the berth
or within the recognized breakwater of a California begin delete port or place, end delete
begin insert port, end insert at which the ballast water to be discharged was loaded.

begin delete

(d)

end delete

begin insert (4) end insert  Use an alternative, environmentally sound method of ballast
water management that, before the vessel begins the voyage, has
been approved by the commission or the United States Coast Guard
as being at least as effective as exchange, using mid-ocean waters,
in removing or killing nonindigenous species.

begin delete

(e)

end delete

begin insert (5) end insert  Discharge the ballast water to a reception facility approved
by the commission.

begin delete

(f)

end delete

begin insert (6) end insert  Under extraordinary circumstances, perform a ballast water
exchange within an area agreed to by the commission in
consultation with the United States Coast Guard at or before the
time of the request.

SEC. 4.  

Section 71204.5 of the Public Resources Code is
repealed.

begin delete

71204.5.  

(a) On or before January 1, 2005, the commission
shall adopt regulations governing ballast water management
practices for vessels arriving at a California port or place from a
port or place within the Pacific Coast Region. The commission
shall consider vessel design and voyage duration in developing
these regulations. The regulations shall be based on the best
available technology economically achievable and shall be
designed to protect the waters of the state. The regulations shall
include, as appropriate, restrictions or prohibitions on discharge
of ballast water containing nonindigenous species into areas in
and outside estuaries and into ocean areas shown to have a capacity
to retain organisms.

(b) Subject to Section 71203, and commencing no later than
July 1, 2005, the master, operator, or person in charge of a vessel
arriving at a California port or place from a port or place within
the Pacific Coast Region shall comply with these regulations.

end delete

SEC. 5.  

Section 71204.7 of the Public Resources Code is
amended to read:

71204.7.  

(a) On or before July 1, 2005, the commission, in
consultation with the United States Coast Guard, shall adopt
regulations governing the evaluation and approval of shipboard
experimental ballast water treatment systems.

(b) The regulations shall include criteria for the development
of a formal application package to use those systems.

(c) (1) If an owner or operator of a vessel applies to install an
experimental ballast water treatment system, and the commission
approves that application on or before January 1, begin delete 2016, end delete begin insert 2020 end insert begin insert , end insert the
commission shall 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
pursuant to paragraphs (1) and (2) of subdivision (a) of Section
begin delete 71205.3 end delete begin insert 71205.3, as those paragraphs read on December 31, 2015, end insert
would apply to that vessel.

(2) The commission may rescind its approval of the system at
any time if the commission, in consultation with the board and the
United States Coast Guard, and after an opportunity for
administrative appeal with the executive officer of the commission,
determines that the system has not been operated in accordance
with conditions in the agreed upon application package, or that
there exists a serious deficiency in performance, human safety, or
environmental soundness relative to anticipated performance, or
that the applicant has failed to provide the commission with
required test results and evaluations.

(d) The commission shall not approve an experimental ballast
water treatment system unless the owner or operator demonstrates
that the system has significant potential to improve upon the ability
of existing systems to kill, inactivate, or otherwise remove
nonindigenous species from ballast water.

(e) The commission shall disseminate to the public the test
results and evaluations regarding experimental ballast water
treatment systems described in this section.

SEC. 6.  

Section 71205 of the Public Resources Code is
amended to read:

71205.  

(a) (1) The master, owner, operator, agent, or person
in charge of a vessel carrying, or capable of carrying, ballast water,
that visits a California begin delete port or place, end delete begin insert port, end insert shall provide the
information described in subdivision (c) in electronic or written
form to the commission begin delete upon the vessel’s departure from each
port or place of call in California. end delete begin insert at least 24 hours before the
vessel arrives at that California port. If a vessel’s voyage is less
than 24 hours in total duration, the vessel shall report the required
information prior to departing the port of departure. end insert

(2) The information described in subdivision (c) shall be
submitted using a form developed by the United States Coast
Guard.

(b) If the information submitted in accordance with this section
changes, an amended form shall be submitted to the commission
upon the vessel’s departure from each port begin delete or place end delete of call in
California.

(c) (1) The master, owner, operator, or person in charge of the
vessel shall maintain on board the vessel, in written or electronic
form, records that include all of the following information:

(A) Vessel information, including all of the following:

(i) Name.

(ii) International Maritime Organization number or official
number if the International Maritime Organization number has not
been assigned.

(iii) Vessel type.

(iv) Owner or operator.

(v) Gross tonnage.

(vi) Call sign.

(vii) Port of registry.

(B) Voyage information, including the date and port of arrival,
vessel agent, last port and country of call, and next port and country
of call.

(C) Ballast water information, including the total ballast water
capacity, total volume of ballast water on board, total number of
ballast water tanks, capacity of each ballast water tank, and total
number of ballast water tanks in ballast, using measurements in
metric tons (MT) and cubic meters (m³).

(D) Ballast water management information, including all of the
following:

(i) The total number of ballast tanks or holds, the contents of
which are to be discharged into the waters of the state or to a
reception facility.

(ii) If an alternative ballast water management method is used,
the number of tanks that were managed using an alternative
method, as well as the type of method used.

(iii) Whether the vessel has a ballast water management plan
and International Maritime Organization guidelines on board, and
whether the ballast water management plan is used.

(iv) Whether the master, operator, or person in charge of the
vessel has claimed a safety exemption pursuant to paragraph (1)
of subdivision (b) of Section 71203 for the vessel voyage, and the
reason for asserting the applicability of that paragraph.

(E) Information on ballast water tanks, the contents of which
are to be discharged into the waters of the state or to a reception
facility, including all of the following:

(i) The origin of ballast water, including the date and location
of intake, volume, and temperature. If a tank has been exchanged,
the identity of the loading port of the ballast water that was
discharged during the exchange.

(ii) The date, location, volume, method, thoroughness measured
by percentage exchanged if exchange is conducted, and sea height
at time of exchange if exchange is conducted, of ballast water
exchanged or otherwise managed.

(iii) The expected date, location, volume, and salinity of ballast
water to be discharged into the waters of the state or a reception
facility.

(F) Discharge of sediment and, if sediment is to be discharged
within the state, the location of the facility where the disposal will
take place.

(G) Certification of accurate information, that shall include the
printed name, title, and signature of the master, owner, operator,
person in charge, or responsible officer attesting to the accuracy
of the information provided and certifying compliance with the
requirements of this division.

(H) Changes to previously submitted information.

(2) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a signed copy of the
information described in this subdivision on board the vessel for
two years.

(d) The master, owner, operator, or person in charge of a vessel
subject to this division shall retain for two years a separate ballast
water log outlining ballast water management activities for each
ballast water tank on board the vessel and shall make the separate
ballast water log available to the commission for inspection and
review.

(e) (1) The master, owner, operator, agent, or person in charge
of a vessel subject to this division shall provide the information
described in subdivision (f) in electronic or written form to the
commission annually upon request of the commission. The master,
owner, operator, agent, or person in charge of the vessel shall
submit that information within 60 days of receiving a written or
electronic request from the commission. For purposes of this
paragraph, the reporting shall begin on January 1, 2008, and
continue until the date that the regulations described in Section
71204.6 are adopted.

(2) (A) The information described in subdivision (f) shall be
submitted using a form developed by the commission.

(B) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a copy of the form submitted
pursuant to this subdivision on board the vessel for two years.

(f) The master, owner, operator, agent, or person in charge of
a vessel subject to this division shall maintain, in written or
electronic form, records that include the following information:

(1) (A) Date and location of drydocking events.

(B) Whether the vessel in general, and the wetted portion of the
vessel, sea chests, anchors, and associated chains in particular,
were cleaned during a drydocking event.

(2) Date and geographic location of all inwater cleaning of the
wetted portion of the vessel.

(3) (A) Date and geographic location of all antifouling paint
applications to the vessel.

(B) The manufacturer and brand name of the antifouling paint
applied to the vessel.

(4) Any additional information required by the commission by
rule or regulation.

(g) (1) The master, owner, operator, agent, or person in charge
of a vessel subject to this division that has a ballast water treatment
system installed on board begin delete that is used to comply with this division
and has discharged ballast in waters of the state end delete shall provide to
the commission based on a schedule to be developed by the
commission, by rule or regulation, in consultation with the advisory
panel established in Section 71204.9 and the United States Coast
Guard, the following information in electronic or written form:

(A) The manufacturer and product name of the ballast water
treatment system on board the vessel.

(B) If applicable, the name and organization that has approved
the ballast water treatment system and the approval or certification
number of the ballast water treatment system technology.

(C) The number of tanks and the volume of each tank that is
managed using the ballast water treatment system and that was
discharged in waters of the state.

(D) Any additional information required by the commission by
rule or regulation.

(2) The information required by paragraph (1) shall be provided
on a form developed by the commission.

(h) The master, owner, operator, agent, or person in charge of
a vessel subject to this division that has a ballast water treatment
system installed on board begin delete that is used to comply with this division end delete
shall maintain on board the vessel, in written or electronic form,
records, including, but not limited to, all of the following
information:

(1) Copies of all reports and forms described in subdivision (g),
submitted to the commission.

(2) Material safety data sheets for all chemicals utilized in
conjunction with the ballast water treatment system.

(3) System manufacturer’s technical guides, publications, and
manuals.

(4) Ballast water treatment system performance information,
which may be incorporated into the ballast begin insert water end insert log described in
subdivision (d), and includes, at a minimum, all of the following
information:

(A) The date, time, and location of the starting and stopping of
the system for the purpose of treating ballast water.

(B) System malfunctions or unexpected situations, including
problem resolution.

(C) Both scheduled and unscheduled maintenance of the system.

(D) All relevant measures of performance recorded during
system operation.

(E) Any additional information required by the commission by
rule or regulation.

SEC. 7.  

Section 71205.3 of the Public Resources Code is
amended to read:

begin delete

71205.3.  

(a) On or before January 1, 2008, the commission
shall adopt regulations that do all of the following:

(1) Except as provided in Section 71204.7, 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 the
commission on January 26, 2006.

(2) Except as provided in Section 71204.7, require an owner or
operator of a vessel carrying, or capable of carrying, ballast water
that operates in the waters of the state to comply with the following
implementation schedule:

 

Ballast water capacity of vessel	Standards apply to new vessels in this size class constructed on or after:	Standards apply to all other vessels in this size class beginning on:
<1500 metric tons	January 1, 2016	January 1, 2018
1500-5000 metric tons	January 1, 2016	January 1, 2016
>5000 metric tons	January 1, 2016	January 1, 2018

 

(3)

end delete

begin insert

begin insert 71205.3. end insert   

end insert

begin insert (a) end insert  Notwithstanding Section 71204.7, begin delete require end delete begin insert the
commission shall adopt regulations that require, on and after
January 1, 2020, end insert an owner or operator of a vessel carrying, or
capable of carrying, ballast water that operates in the waters of the
state to meet the begin delete final end delete performance standard for the discharge of
ballast water of zero detectable begin insert living organisms end insert for all organism
size classes begin delete by 2020, as approved by the commission on January
26, 2006 end delete . begin insert Organism size classes include all of the following: end insert

begin insert

(1) Organisms greater than 50 micrometers in minimum
dimension.

end insert begin insert

(2) Organisms equal to or less than 50 micrometers and greater
than or equal to 10 micrometers in minimum dimension.

end insert begin insert

(3) Organisms less than 10 micrometers in minimum dimension,
including: Escherichia coli, intestinal enterococci, and toxigenic
Vibrio cholerae (serotypes 01 and 0139).

end insert begin insert

(4) Bacteria.

end insert begin insert

(5) Viruses.

end insert

(b)  begin delete Not less than 18 months prior to the scheduled compliance
date specified in paragraph (2) of subdivision (a) for each
subsequent class and the date for implementation of the final
performance standard, as specified in paragraph (3) of subdivision
(a), end delete begin insert On or before July 1, 2018, end insert the commission, in consultation
with the State Water Resources Control Board, the United States
Coast Guard, and the advisory panel described in subdivision (b)
of Section 71204.9, shall prepare, or update, and submit to the
Legislature a review of the efficacy, availability, and environmental
impacts, including the effect on water quality, of currently available
technologies for ballast water treatment systems. If technologies
to meet the performance begin delete standards end delete begin insert standard end insert are determined in a
review to be unavailable, the commission shall include in that
review an assessment of why the technologies are unavailable.

SEC. 8.  

Section 71206 of the Public Resources Code is
amended to read:

71206.  

(a) The commission, in coordination with the United
States Coast Guard, shall take samples begin delete of ballast water and
sediment from end delete begin insert and inspect end insert at least 25 percent of the arriving vessels
subject to this division, examine documents, and make other
appropriate inquiries to assess the compliance of any vessel subject
to this division. The commission shall provide to the board copies
of all sampling results.

(b) The master, owner, operator, or person in charge of a vessel
subject to this division shall make available to the commission,
upon request of that commission, the records required begin delete by Section
71205. end delete begin insert to be maintained by this division. end insert

(c) The commission, in coordination with the United States
Coast Guard, shall compile the information obtained from
submitted reports. The information shall be used, in conjunction
with existing information relating to the number of vessel arrivals,
to assess vessel reporting rates and compliance with the
requirements of this division.

SEC. 9.  

Section 71207 of the Public Resources Code is
amended to read:

begin delete

71207.  

(a) This division describes the state program to regulate
the discharge or release of ballast water and other vectors of
nonindigenous species from vessels regulated pursuant to this
division. Prior to January 1, 2010, a state agency, board,
commission, or department shall not impose a requirement,
pertaining to the discharge or release of ballast water and other
vectors of nonindigenous species from a vessel regulated pursuant
to this division, that is different from the requirements set forth in
this division, unless that action is mandated by federal law.

(b)

end delete

begin insert

begin insert 71207. end insert   

end insert

begin insert (a) end insert  Nothing in this division restricts a state or local
agency, board, commission, or department, or a subdivision of one
of those entities, from enforcing this division, if the total fines
imposed by those entities do not exceed the amount of the fines
set forth in Section 71216.

begin delete

(c)

end delete

begin insert (b) end insert  A person who violates this division is subject to civil and
criminal liability in accordance with Chapter 5 (commencing with
Section 71216).

begin delete

(d)

end delete

begin insert (c) end insert  The commission may require a vessel operating in violation
of this division to depart the waters of the state and exchange, treat,
or otherwise manage the ballast water begin insert or biofouling, or both, end insert at a
location determined by the commission, unless the master
determines that the departure or exchange would threaten the safety
or stability of the vessel, its crew, or its passengers.

SEC. 10.  

Section 71210.5 of the Public Resources Code is
repealed.

begin delete

71210.5.  

The commission, in consultation with the board, the
United States Coast Guard, and a technical advisory group made
up of interested persons including, but not limited to, shipping and
port representatives, shall prepare an analysis of the vectors, other
than ballast water, and relative risks of those vectors, for release
of nonindigenous species from vessels. This analysis shall include,
but not be limited to, the release of nonindigenous species from
vessel hulls, sea chests, sea suction grids, other hull apertures,
in-water propellers, chains, anchors, piping and tanks. The
commission shall prepare a report summarizing the results of this
analysis and recommending action to reduce the discharge of
nonindigenous species from vessel vectors other than ballast water.
The commission shall submit the report to the Legislature and
make it available to the public on or before March 1, 2006.

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