BILL NUMBER: AB 2380	CHAPTERED  07/10/00

	CHAPTER   110
	FILED WITH SECRETARY OF STATE   JULY 10, 2000
	APPROVED BY GOVERNOR   JULY 7, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Lempert

                        FEBRUARY 24, 2000

   An act to add and repeal Part 22.5 (commencing with Section 44000)
to Division 2 of the Revenue and Taxation Code, relating to ballast
water, and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2380, Lempert.  Ballast water management fee.
   Existing law authorizes the State Lands Commission to impose a fee
on owners or operators of vessels for the purpose of funding a
program for the management of ballast water use.  The State Board of
Equalization is authorized to collect the fee and deposit it to the
Exotic Species Control Fund.
   This bill would provide the administrative authority to the board
to establish procedures for collecting the ballast water management
fees.
   The provisions of this bill would be repealed on January 1, 2004.

   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Part 22.5 (commencing with Section 44000) is added to
Division 2 of the Revenue and Taxation Code, to read:

      PART 22.5.

   44000.  This part shall be known, and may be cited, as the Ballast
Water Management Fee Law.
   44001.  For purposes of this part, "board" means the State Board
of Equalization.
   44002.  The collection and administration of the fee imposed by
Chapter 4 (commencing with Section 71215) of Division 36 of the
Public Resources Code shall be governed by the definitions specified
in Section 71200 of the Public Resources Code, unless expressly
superseded by the definitions contained in this part or Part 30
(commencing with Section 55001) of Division 2.
   44003.  The fee imposed on owners or operators of vessels pursuant
to Section 71215 of the Public Resources Code shall be administered
and collected by the board in accordance with this part and Part 30
(commencing with Section 55001) of Division 2.
   44004.  Every person, as defined in Section 55002, who is subject
to the fees imposed by Chapter 4 (commencing with Section 71215) of
Division 36 of the Public Resources Code shall register with the
board on forms or in a manner provided by the board.
   44005.  Except as authorized in Section 44005, the fee imposed on
owners or operators of vessels pursuant to Section 71215 of the
Public Resources Code is due and payable to the board 30 days from
the date of assessment by the board or the board's agent.
   44006.  In order to facilitate the administration of this part and
in lieu of issuing an assessment for the fee, the board may
authorize the feepayer to file a return for a monthly, quarterly, or
other period set by the board.  The return shall identify each vessel
voyage and each port of call in California for which a ballast water
report is required to be filed with the State Lands Commission,
pursuant to Section 71205 of the Public Resources Code, during the
period covered by the return.  If the board authorizes the filing of
a return, the fees must be a paid to the board by the end of the
calendar month following the end of the return reporting period.
   44007.  All fees, interest, and penalties imposed and all fees
required to be paid to the state pursuant to Section 71215 of the
Public Resources Code shall be paid in the form of remittances
payable to the board.  The board shall transmit the payments to the
Treasurer to be deposited in the State Treasury to the credit of the
Exotic Species Control Fund.
   44008.  This part shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date; provided, however, this part shall remain applicable for
the collection of assessments, the liability for which accrued prior
to January 1, 2004; the making of any refunds and the effecting of
any credits; the disposition of money collected; and the commencement
of any action or proceeding pursuant to this part.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Because the current ballast water management fee provisions lack
the administrative authority contained in this act to collect fees,
and because those provisions became operative on January 1, 2000, it
is necessary that this act take effect immediately.