BILL NUMBER: SB 614	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Simitian

                        FEBRUARY 27, 2009

   An act to amend  Section   Sections 72410 and
 72441 of the Public Resources Code, relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 614, as amended, Simitian. Vessels.
   Existing law prohibits an owner or operator of a large passenger
vessel or oceangoing ship from releasing or permitting anyone to
release specified substances from the vessel or ship into the marine
waters of the state or a marine sanctuary. Existing law excludes from
those requirements a large passenger vessel or oceangoing ship that
operates in the marine waters of the state, as that term is defined,
solely in innocent passage, and discharges made for the purpose of
securing the safety of the vessel or ship or saving life at sea if
specified precautions are taken. The act provides that for purposes
of that exclusion, a vessel is engaged in innocent passage if its
operation in state waters would constitute innocent passage under
specified conventions.
   This bill instead would provide that for purposes of that
exclusion, a vessel is engaged in innocent passage if its operation
in the marine waters of the state would constitute innocent passage
under those specified conventions.  The bill would make a
technical, nonsubstantive change to the definition of "marine waters
of the state" by correcting an obsolete cross-reference. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 72410 of the   Public
Resources Code   is amended to read: 
   72410.  (a) Unless the context otherwise requires, the definitions
set forth in this section govern this division.
   (b) "Board" means the State Water Resources Control Board.
   (c) "Commission" means the State Lands Commission.
   (d) "Graywater" means drainage from dishwasher, shower, laundry,
bath, and washbasin drains, but does not include drainage from
toilets, urinals, hospitals, or cargo spaces.
   (e) "Hazardous waste" has the meaning set forth in Section 25117
of the Health and Safety Code, but does not include sewage.
   (f) "Large passenger vessel" or "vessel" means a vessel of 300
gross registered tons or greater that is engaged in the carrying of
passengers for hire, excluding all of the following vessels:
   (1) Vessels without berths or overnight accommodations for
passengers.
   (2) Noncommercial vessels, warships, vessels operated by nonprofit
entities as determined by the Internal Revenue Service, and vessels
operated by the state, the United States, or a foreign government.
   (3) Oceangoing ships, as defined in subdivision (j). 
   (g) "Marine waters of the state" means "coastal waters" as defined
in Section 13181 of the Water Code.  
   (h) 
    (g)  "Marine sanctuary" means marine waters of the state
in the Channel Islands National Marine Sanctuary, Cordell Bank
National Marine Sanctuary, Gulf of the Farallones National Marine
Sanctuary, or Monterey Bay National Marine Sanctuary. 
   (h) "Marine waters of the state" means waters within the area
bounded by the mean high tide line to the three-mile state waters
limit, from the Oregon border to the Mexican border. 
   (i) "Medical waste" means medical waste subject to regulation
pursuant to Part 14 (commencing with Section 117600) of Division 104
of the Health and Safety Code.
   (j) "Oceangoing ship" means a private, commercial, government, or
military vessel of 300 gross registered tons or more calling on
California ports or places.
   (k) "Oil" has the meaning set forth in Section 8750.
   (l) "Oily bilgewater" includes bilgewater that contains used
lubrication oils, oil sludge and slops, fuel and oil sludge, used
oil, used fuel and fuel filters, and oily waste.
   (m) "Operator" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
   (n) "Other waste" means photography laboratory chemicals, dry
cleaning chemicals, or medical waste.
   (o) "Owner" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
   (p) "Release" means discharging or disposing of wastes into the
environment.
   (q) "Sewage" has the meaning set forth in Section 775.5 of the
Harbors and Navigation Code, including material that has been
collected or treated through a marine sanitation device as that term
is used in Section 312 of the Clean Water Act (33 U.S.C. Sec. 1322)
or material that is a byproduct of sewage treatment.
   (r) "Sewage sludge" has the meaning set forth in Section 122.2 of
Title 40 of the Code of Federal Regulations.
   (s) "Sufficient holding tank capacity" means a holding tank of
sufficient capacity to contain sewage and graywater while the
oceangoing ship is within the marine waters of the state.
   (t) "Waste" means hazardous waste and other waste.
   SECTION 1.   SEC. 2.   Section 72441 of
the Public Resources Code is amended to read:
   72441.  (a) This division does not apply to either of the
following:
   (1) A large passenger vessel or oceangoing ship that operates in
the marine waters of the state solely in innocent passage.
   (2) Discharges made for the purpose of securing the safety of the
large passenger vessel or oceangoing ship or saving life at sea, if
reasonable precautions are taken for the purpose of preventing or
minimizing the discharge.
   (b) For the purposes of this section, a vessel is engaged in
innocent passage if its operation in the marine waters of the state
would constitute innocent passage under either the Convention on the
Territorial Sea and Contiguous Zone, dated April 29, 1958, or the
United Nations Convention on the Law of the Sea, dated December 10,
1982.