Amended in Assembly April 15, 2015

Amended in Assembly April 6, 2015

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 and 71210.5 of, the Public Resources Code, relating to ballast water management.

LEGISLATIVE COUNSEL’S DIGEST

AB 1312, as amended, 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 begin delete or end delete begin insert of end insert 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 begin delete to end delete begin insert at end insert 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 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 that interim performance standard begin delete by end delete begin insert either upon first arrival at a California port for new vessels constructed on or after end insert January 1, 2020, begin insert or as of the first scheduled drydocking on or after January 1, 2020, for all other vessels, as applicable, end insert and begin insert to end insert meet the begin insert final end insert performance standard for the discharge of ballast water of zero detectable begin insert living organisms end insert for all organism size classes by begin delete 2026. end delete begin insert January 1, 2030. end insert 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 begin insert of ballast water, sediment, and biofouling from end insert 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.

(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.

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

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

(p) “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.

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

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

SEC. 2.  

Section 71204.2 of the Public Resources Code is
repealed.

SEC. 3.  

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

71204.3.  

(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.

(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.

(c) Prior to and until the date of implementation of the
regulations described in subdivision (a), 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:

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

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

(3) (A) 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.

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

(4) 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.

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

(6) 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 71204.7 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, 2020, 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, as those paragraphs read on December 31, 2015, end delete begin insert 71205.3 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. 5.  

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 port, shall provide the information described
in subdivision (c) in electronic or written form to the commission
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.

(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 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 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 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 water 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. 6.  

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

71205.3.  

(a) 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 interim
performance standards by begin delete January 1, 2020. end delete begin insert the applicable following
date: end insert

begin insert

(A) Upon first arrival at a California port for new vessels
constructed on or after January 1, 2020.

end insert begin insert

(B) As of the first scheduled drydocking on or after January 1,
2020, for all other vessels.

end insert

(3) Notwithstanding 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 meet the final performance
standard for the discharge of ballast water of zero detectable begin insert living
organisms end insert for all organism size classes by begin delete 2026. end delete begin insert January 1, 2030. end insert

(b) (1) Not less than 18 months prior to begin delete the scheduled
compliance date specified in paragraph (2) of subdivision (a) and
the date for implementation of the final performance standard, as
specified in paragraph (3) of subdivision (a), end delete begin insert January 1, 2020, and
January 1, 2030, 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 standards are determined in a review to
be unavailable, the commission shall include in that review an
assessment of why the technologies are unavailable.

(2) (A) The begin delete requirements end delete begin insert requirement end insert for submitting begin delete reports end delete
begin insert a report end insert imposed under this subdivision begin delete are end delete begin insert is end insert inoperative on
January 1, 2024, begin insert for the interim performance standards, end insert and
January 1, begin delete 2030, respectively, end delete begin insert 2034, for the final performance
standard, end insert pursuant to Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

SEC. 7.  

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 insert of ballast water, sediment,
and biofouling from end insert and inspect 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 to be
maintained by this division.

(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. 8.  

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

71207.  

(a) 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.

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

(c) 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 or biofouling, or both, 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. 9.  

Section 71210.5 of the Public Resources Code is
repealed.