BILL ANALYSIS
AB 248
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 248 (Bonnie Lowenthal)
As Amended July 8, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |70-0 |(April 16, |SENATE: |36-2 |(August 27, |
| | |2009) | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: E.S. & T.M.
SUMMARY : Requires the person in charge of a vessel to maintain
and submit to the California State Lands Commission (SLC)
specified information relating to the vessel's ballast water
treatment system.
The Senate amendments :
1)Require the person in charge of a vessel to retain a copy of
ballast water information forms on board the vessel for two
years.
2)Requires the person in charge of a vessel that has a ballast
water treatment system and that has discharged ballast in to
waters of the state to provide to the SLC, based on a
specified schedule, the following information:
a) 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; and,
b) Any additional information required by the SLC by rule
or regulation.
3)Requires the person in charge of a vessel that has a ballast
water treatment system to maintain on board the vessel
records, including, but not limited to, all of the following
information:
a) Copies of required reports and forms;
b) Material safety data sheets for all chemicals utilized
in conjunction with the ballast water treatment system;
AB 248
Page 2
c) System manufacturer's technical guides, publications,
and manuals; and,
d) Ballast water treatment system performance information,
which includes, at a minimum, all of the following
information:
i) The date, time, and location of the starting and
stopping of the system for the purpose of treating
ballast water;
ii) System malfunctions or unexpected situations,
including problem resolution;
iii) Both scheduled and unscheduled maintenance of the
system;
iv) All relevant measures of performance recorded during
system operation; and,
v) Any additional information required by the
commission by rule or regulation.
EXISTING LAW :
1)Requires the master, owner, operator, agent, or person in
charge of a vessel carrying, or capable of carrying, ballast
water, to maintain on board the vessel specified information
relating to ballast water and, upon the vessel's departure
from a port or place of call in California, provide the
information to the SLC in electronic or written form.
Requires the information to be submitted on a form developed
by the United States (U.S.) Coast Guard.
2)Requires the SLC to adopt regulations to 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
performance standards for the discharge of ballast water
according to a specified schedule.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the current form.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in negligible special fund
costs (Marine Invasive Species Control Fund).
AB 248
Page 3
COMMENTS : According to the author's office, AB 248, "Is
attempting to solve the lack of data available to the State
Lands Commission on the installation and usage of ballast water
treatment systems. Current law specifies that ships must record
and transmit to the State Lands Commission 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 5,000 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 State Lands Commission
needs to collect information about treatment installation and
usage. The State Lands Commission 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."
According to a SLC report, in coastal environments, commercial
shipping is the most important vector for nonindigenous species
invasion, accounting for or contributing to 79.5% of
introductions to North America. Commercial ships transport
organisms primarily through ballast water and vessel fouling.
Typically, a vessel takes on ballast water after cargo is
unloaded in one port to compensate for the weight imbalance, and
will later discharge the water when cargo is loaded in another.
This transfer of ballast water from "source" to "destination"
ports results in the movement of an estimated 7,000 species
around the world on a daily basis. Once established,
nonindigenous species can seriously impact human health, the
economy and the environment.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN:
0002021