BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1312|
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                                   THIRD READING 


          Bill No:  AB 1312
          Author:   O'Donnell (D)
          Amended:  4/15/15 in Assembly
          Vote:     21  

           SENATE NATURAL RES. & WATER COMMITTEE:  9-0, 6/9/15
           AYES:  Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,  
            Monning, Vidak, Wolk

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  6-0, 7/1/15
           AYES:  Wieckowski, Bates, Hill, Jackson, Leno, Pavley
           NO VOTE RECORDED:  Gaines

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 5/7/15 (Consent) - See last page for  
            vote

           SUBJECT:   Ballast water management


          SOURCE:    California State Lands Commission


          DIGEST:  This bill delays implementation of California's  
          performance standards for vessels that discharge ballast water  
          in the state, expands the State Lands Commission's (commission)  
          vessel inspection authority to include biofouling management,  
          and makes clarifying and streamlining changes to various related  
          code sections.


          ANALYSIS:   Existing law establishes the Marine Invasive Species  
          Act (act) (Public Resources Code (PRC) §§ 71200 et seq.) that  
          seeks to limit the introduction of nonindigenous species into  








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          state waters.  The act:


          1)Focuses on ballast water management, sediments from the  
            ballast water that may be discharged from the ship and  
            biofouling (i.e. when organisms attach and grow on wetted  
            surfaces of the vessel including, for example, the hull,  
            anchors, and so on).


          2)Requires the commission to adopt regulations necessary to  
            implement the act which shall include, as appropriate,  
            restrictions or prohibitions on discharge of ballast water  
            containing nonindigenous species using "the best available  
            technology economically achievable", as specified.


          3)Considers the size of the vessel and its voyage prior to  
            entering California waters in the establishment of ballast  
            water management requirements, as specified, among other  
            provisions.


          4)Provides for the establishment of interim treatment standards  
            and their phased-in implementation - by either January 1, 2016  
            or January 1, 2018 - as a function of ballast water capacity  
            and vessel age, and the establishment of final performance  
            standards for the discharge of ballast water of "zero  
            detectable living organisms" for any size organism by 2020.


          5)Further provides for regulations to be adopted governing the  
            use of shipboard experimental ballast water treatment systems.  
             If an owner of a vessel applies to install an experimental  
            system and is approved by the commission prior to January 1,  
            2016, the system shall be deemed to be in compliance with any  
            future treatment standard for up to five years from when the  
            interim treatment standards are established.


          6)Requires that certain specified information be provided to the  
            commission regarding ballast water management information upon  








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            the vessel's departure from its port or place of call in the  
            state, and requires that the commission, in coordination with  
            the U.S. Coast Guard, sample ballast water and sediment from  
            at least 25% of arriving vessels subject to the act.

          This bill delays implementation of California's performance  
          standards for vessels that discharge ballast water in the state,  
          expands the commission's vessel inspection authority to include  
          biofouling management, and makes clarifying and streamlining  
          changes to various related code sections.  Specifically, this  
          bill:

          1)Delays until January 1, 2020, the deadline for the  
            owner/operator of a vessel to apply for and for the commission  
            to approve the use an experimental ballast water treatment  
            system, as specified.

          2)Delays from 2020 to 2026 the implementation of the final  
            performance standards for the discharge of ballast water of  
            zero detectable living organisms regardless of size.

          3)Revises the phase-in for interim ballast water regulations by  
            deleting the weight classification system and making it apply  
            to all vessels for first arrival at a California port for new  
            vessels constructed on or after January 1, 2020, or as of  
            first drydocking on or after January 1, 2020, for all other  
            vessels.

          4)Requires that the master provide information regarding the  
            vessel, voyage and ballast water management system, as  
            specified, to the commission at least 24 hours before the  
            vessel arrives at a California port, or, if the voyage is less  
            than 24 hours in total, shall report the information prior to  
            departing.

          5)Clarifies that the commission's activities, in coordination  
            with the U.S. Coast Guard, of 25% of arriving vessels to  
            assess compliance includes sampling of biofouling, and  
            inspection, as specified.

          6)Deletes obsolete provisions and makes additional technical and  
            clarifying changes to provide statutory consistency.








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          Background


          According to the commission, ballast water discharge and vessel  
          biofouling (i.e. the growth of organisms on the wetted surfaces  
          of the vessel) of commercial ships are significant vectors for  
          the introduction of invasive species in coastal environments.


          Once established, invasive species can devastate native aquatic  
          life and costs hundreds of millions of dollars or more to  
          control.  The most effective form of control is to prevent  
          introduction of the nonindigenous invasive species.

          Vessel ballast water management has long been recognized as an  
          important method to limit the spread of invasive species.

          In August 2014, the commission approved a report assessing the  
          availability of treatment technologies to meet the state's  
          performance standards for ballast water discharge.  The report  
          reviewed several options for compliance.  However, there are  
          currently no viable shipboard or shore-based treatment options  
          to meet all of California's discharge standards.

          Comments


          Previous delays of interim performance standards.  Because of  
          the commission's earlier findings on the availability of  
          treatment technologies, the Legislature has already twice  
          delayed the implementation dates for ballast water interim  
          performance standards. In 2008, the Legislature delayed  
          implementation for new vessels with ballast water capacity less  
          than 5,000 metric tons from January 1, 2009 to January 1, 2010.   
          In 2013, it further delayed implementation for all vessels by an  
          additional two to six years (phasing in in 2016 and 2018)  
          depending on when the vessel was constructed and the vessel's  
          ballast water capacity.  This bill represents an 11-year delay  
          from the earliest original implementation date (to 2020) and to  
          delay the final performance standard to 2026 (a six-year delay  
          from the original implementation date).








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          Current status of ballast water treatment systems. In 2014, the  
          commission produced a report that evaluated the availability of  
          ballast water treatment technologies capable of meeting the  
          California ballast water discharge performance standards.  The  
          report reviewed both shore-based and shipboard methods.  No  
          shore-based treatment facilities exist in the United States.   
          Also, no shipboard ballast water treatment systems can currently  
          meet California's standards.  There are multiple reasons why the  
          California standards cannot be met with current technology.   
          These include: (1) no single system can meet all of the  
          standards, (2) there are no appropriate protocols for the  
          analysis of ballast water samples and (3) there are a lack of  
          sampling and compliance protocols.  The commission indicated  
          that it is working on promulgating compliance assessment  
          protocols which should resolve the questions about accurate  
          testing procedures.  Industry should have years to determine how  
          to comply with the standards given their promulgation  
          (anticipated by January 1, 2017) far in advance of the proposed  
          effective date.

          Related Legislation

          AB 433 (Nation, Chapter 491, Statutes of 2003) consolidated the  
          law related to the management of ballast water into the act, and  
          revised various requirements for ballast water management  
          practices to minimize the release of nonindigenous species.

          SB 497 (Simitian, Chapter 292, Statutes of 2006) enacted the  
          Coastal Ecosystems Protection Act which established the interim  
          and final performances standards for the discharge of ballast  
          water from large commercial ships.  The effective date for the  
          interim standards was January 1, 2009, and for the final  
          standards was January 1, 2020, for "zero detectable living  
          organisms."

          AB 740 (Laird, Chapter 370, Statutes of 2007) modified the act  
          to include the fouling of vessel hulls with microorganisms.  

          SB 1781 (Committee on Environmental Quality, Chapter 696,  
          Statutes of 2008) delayed the implementation of ballast water  
          performance standards for new vessels with ballast water  








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          capacity less than 5000 metric tons from January 1, 2009 to  
          January 1, 2010.

          AB 248 (Lowenthal, Chapter 248, Statutes of 2009) required the  
          person in charge of a vessel to maintain and submit to the  
          commission specified information related to the vessel's ballast  
          water treatment system.

          SB 935 (Committee on Environmental Quality, Chapter 550,  
          Statutes of 2012) delayed the date for which the commission must  
          approve a vessel operator's application to install an  
          experimental ballast water treatment system from January 1, 2008  
          to January 1, 2016.  It also revised "hull fouling" to  
          "biofouling" and incorporated certain performance standards into  
          statue.

          SB 814 (Committee on Natural Resources and Water, Chapter 472,  
          Statutes of 2013) delayed implementation of ballast water  
          performance standards for vessels that carry, or are capable of  
          carrying, ballast water into the state by two to six years,  
          depending on when the ship was constructed and its ballast water  
          capacity.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified7/14/15)


          California State Lands Commission (source)
          California Association of Port Authorities
          California Chamber of Commerce
          Cruise Lines International Association
          Maersk
          Pacific Merchant Shipping Association


          OPPOSITION:   (Verified7/14/15)


          None received








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          ARGUMENTS IN SUPPORT:  According to the author, "[a]pproximately  
          15 percent of large vessels arriving at California ports must  
          discharge ballast water for operational or safety purposes.  
          These vessels need a method of ensuring that any discharged  
          ballast water is in compliance with California's performance  
          standards. No shore-based treatment facilities exist or are in  
          development in the United States, and currently available  
          shipboard treatment systems have not demonstrated the ability to  
          meet the California performance standards. This lack of options  
          available to the shipping industry presents a major obstacle to  
          the implementation of the performance standards."

          "AB 1312 delays implementation of California's ballast water  
          performance standards until 2020 to enable further development  
          of treatment technologies and the adoption of regulations to  
          specify the methods that will be used for compliance assessment.  
           This delay effectively eliminates the interim performance  
          standards and preserves the deadline on achieving the "no  
          detectable living organisms" standard.  This delay provides the  
          [commission] with time to adopt compliance assessment  
          regulations that will give the shipping industry clear guidance  
          on how to conform to these regulations."

          ASSEMBLY FLOOR:  77-0, 5/7/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Campos, Roger Hernández, Steinorth

          Prepared by:Katharine Moore / N.R. & W. / (916) 651-4116
          7/15/15 15:27:52









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