BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 248|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 248
Author: Bonnie Lowenthal (D)
Amended: 7/8/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 6-1, 6/22/09
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley
NOES: Ashburn
SENATE APPROPRIATIONS COMMITTEE : 11-0, 7/6/09
AYES: Kehoe, Cox, Corbett, Hancock, Leno, Price, Runner,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Denham, Oropeza
ASSEMBLY FLOOR : 70-0, 4/16/09 (Consent) - See last page
for vote
SUBJECT : Public resources: ballast water management
SOURCE : State Lands Commission
DIGEST : This bill requires operators of ocean going
vessels with ballast water treatment systems to provide
specified information about their use of the system to the
State Lands Commission.
ANALYSIS :
Existing law, under the Marine Invasive Species Act:
CONTINUED
AB 248
Page
2
1. Requires the master, owner, operator, agent, or person
in charge of a vessel carrying or capable of carrying
ballast water to take various steps to minimize the
uptake and release of nonindigenous species. [Section
71204 of the Public Resources Code (PRC)] The master,
owner, operator, agent, or person in charge of a vessel
carrying or capable of carrying ballast water must
provide certain information to the State Lands
Commission (SLC) in electronic or written form when
departing each port in the state using a form developed
by the United States Coast Guard (e.g., vessel name,
number, and type, owner or operator, gross tonnage, and
ballast water information). [PRC Sections 71205(a) and
(c)]
2. Requires the master, owner, operator, agent, or person
in charge of a vessel subject to the Marine Invasive
Species Act to meet reporting requirements relating to
ballast water and hull fowling, and maintain records
containing certain information (e.g., date and
geographic location of all inwater cleaning of submerged
portion of vessel, antifouling paint information). The
information must be provided to the SLC annually upon
request using a form developed by the SLC. [PRC
Sections 71205(e) and (f)]
This bill:
1. Makes technical changes to Section 71205(a) and (c)
reporting requirements.
2. Requires the master, owner, operator, or person in
charge of a vessel to retain a copy of the Section
71205(f) form on board the vessel for two years and
requires any maintained records to include additional
information required by the SLC by rule or regulation.
3. Requires the master, owner, operator, or person in
charge of a vessel with a ballast water treatment system
that has discharged ballast water at a California port
to provide certain information on a form developed by
SLC (e.g., manufacturer and product name of treatment
system, name and organization that approved the system,
AB 248
Page
3
number and volume of tanks using the ballast water
treatment system and that was discharged in waters of
the state, and additional information required by the
SLC by rule or regulation). [PRC Section 71205(g)]
4. Requires the master, owner, operator, or person in
charge of a vessel that has a ballast water treatment
system to maintain records in written or electronic form
that includes certain information (e.g., material safety
data sheets for chemicals used in the system; system
manufacturer's technical guides, publications, and
manuals; ballast water treatment system performance log
information, including timing of starting and stopping
the system, malfunctions, maintenance; and additional
information required by the SLC by rule or regulation).
[PRC Section 71205(h)]
5. Makes technical clarifying amendments.
Comments
According to the author, "The bill is attempting to solve
the lack of data available to the [SLC] on the installation
and usage of ballast water treatment systems. Current law
specifies that ships must record and transmit to the [SLC]
their ballast water management activities, including
retention on board the ship, mid-ocean ballast exchanging,
or discharging into treatment facilities. They are not
required to record or transmit detailed information on any
treatment systems they are using. Beginning January 1,
2010, new ships under 5000 metric tons that visit
California ports will be required to meet California's
ballast water performance standards. Most vessels will
need to install ballast water treatment systems in order to
meet the performance standards. The [SLC] needs to collect
information about treatment installation and usage.
The author notes that "The [SLC] does not have the
authority to alter the existing ballast water management
form to incorporate a section on ballast water treatment
systems because the form belongs to the U.S. Coast Guard.
This bill would allow the [SLC] to collect its own form and
require the keeping of certain other records related to
using ballast water treatment systems."
AB 248
Page
4
SLC recommendations . According to the SLC's draft "2009
Assessment of the Efficacy, Availability and Environmental
Impacts of Ballast Water Treatment Systems for Use in
California Waters" dated November 2008, SLC recommends
legislation (1) authorizing SLC to amend ballast water
reporting requirements by regulation, and (2) supporting
continued research promoting technology development and
performance evaluation through general funds, grants, or
fees.
This bill revises certain existing reporting requirements
while adding new requirements for owners or operators of
vessels with an installed ballast water treatment system.
This bill also allows additional information to be required
by the SLC by rule or regulation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Developing regulations $75
Special*
* Marine Invasive Species Control Fund
SUPPORT : (Verified 7/7/09)
State Lands Commission (source)
Association of California Water Agencies
Pacific Merchant Shipping Association
Western States Petroleum Association
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Carter, Conway, Cook, Coto, Davis, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
AB 248
Page
5
Fong, Fuentes, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nestande, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Tom Berryhill, Caballero, Charles
Calderon, Chesbro, De La Torre, Fuller, Huber, Mendoza,
Nava, Skinner
TSM:mw 7/7/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****