BILL NUMBER: SB 614 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 8, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Simitian
FEBRUARY 27, 2009
An act to amend Sections 72410 and 72441 of
72401, 72410, 72420.1, 72421, 72430, 72440, and 72441 of,
the Public Resources Code, relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
SB 614, as amended, Simitian. Vessels.
Existing
(1) 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.
(2) Existing law requires certain statutes relating to the release
of sewage from specified vessels traveling in the marine waters of
the state, to be repealed on January 1, 2010.
This bill instead would extend the operation of these statutes, as
specified, to January 1, 2014. This bill would also make other
conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 72401 of the Public
Resources Code is amended to read:
72401. (a) The Legislature finds and declares that the protection
and enhancement of the quality of the marine waters of the state
requires that the release of sewage from large passenger vessels, and
the release of sewage and graywater from oceangoing ships with
sufficient holding tank capacity, into the marine waters of the state
should be prohibited.
(b) The Legislature intends to request the Congress of the United
States to amend the Federal Water Pollution Control Act (33 U.S.C.
Sec. 1251 and following) to provide California with authority similar
to that granted to the State of Alaska by Public Law 106-554, to
regulate the release of sewage from large passenger vessels and
oceangoing ships in the marine waters of the state.
(c) This section shall remain in effect only until January 1,
2010 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2010 2014 , deletes or
extends that date.
SECTION 1. SEC. 2. 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 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.
SEC. 3. Section 72420.1 of the Public
Resources Code is amended to read:
72420.1. (a) If the Administrator of the United States
Environmental Protection Agency approves the application for sewage
release made pursuant to subdivision (a) of Section 72440, or if the
board determines that an application is not required, an owner or
operator of a large passenger vessel may not release, or permit
anyone to release, any sewage from the vessel into the marine waters
of the state.
(b) This section shall remain in effect only until January 1,
2010 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2010 2014 , deletes or
extends that date.
SEC. 4. Section 72421 of the Public
Resources Code is amended to read:
72421. (a) The owner or operator shall notify the Office
of California Emergency Services
Management Agency immediately, but not longer
than 30 minutes, after discovery of any of the following:
(1) A large passenger vessel release of graywater into the marine
waters of the state.
(2) Until January 1, 2010 2014 , a
large passenger vessel release of sewage into the marine waters of
the state or a marine sanctuary.
(3) A large passenger vessel or oceangoing ship release of
hazardous waste, other waste, sewage sludge, or oily bilgewater into
the marine waters of the state or a marine sanctuary.
(4) An oceangoing ship with sufficient holding tank capacity
release of sewage or graywater into the marine waters of the state or
a marine sanctuary.
(b) The owner or operator shall include all of the following in
the notification required pursuant to subdivision (a):
(1) Date of the release.
(2) Time of the release.
(3) Location, by latitude and longitude, of the release.
(4) Volume of the release.
(5) Source of the release.
(6) Remedial action taken to prevent future releases.
(c) The Office of California
Emergency Services Management Agency
shall transmit the notification required by subdivision (a) to the
board and the Department of Fish and Game immediately, but not longer
than 30 minutes, after receiving the notification.
SEC. 5. Section 72430 of the Public
Resources Code is amended to read:
72430. (a) A person who violates Section 72420 or 72420.2, or
until January 1, 2010 2014 , Section
72420.1, is subject to a civil penalty of not more than twenty-five
thousand dollars ($25,000) for each violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may be
brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.
SEC. 6. Section 72440 of the Public
Resources Code , as amended by Section 10 of Chapter 292
of the Statutes of 2006, is amended to read:
72440. (a) (1) The board shall determine whether it is necessary
to apply to the federal government for the state to prohibit the
release of sewage or sewage sludge from large passenger vessels,
sewage from oceangoing ships with sufficient holding tank capacity,
and sewage sludge from oceangoing ships, into the marine waters of
the state or to prohibit the release of sewage sludge from large
passenger vessels and oceangoing ships into marine sanctuaries, as
described in Section 72420 and subdivision (a) of Section 72420.1. If
the board determines that application is necessary for either sewage
or sewage sludge, or both, it shall apply to the appropriate federal
agencies, as determined by the board, to authorize the state to
prohibit the release of sewage or sewage sludge, or both, as
necessary, from large passenger vessels, sewage from oceangoing ships
with sufficient holding tank capacity, and sewage sludge from
oceangoing ships, into the marine waters of the state and, if
necessary, to authorize the state to prohibit the release of sewage
sludge from large passenger vessels and oceangoing ships into marine
sanctuaries.
(2) It is not the Legislature's intent to establish for the marine
waters of the state a no discharge zone for sewage from all vessels,
but only for a class of vessels.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels and oceangoing ships, in all of
the waters that are in the Channel Islands National Marine Sanctuary,
Cordell Bank National Marine Sanctuary, Gulf of the Farallones
National Marine Sanctuary, and Monterey Bay National Marine
Sanctuary, that are not in the state waters.
(c) This section shall remain in effect only until January 1,
2010 2014 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2010 2014 , deletes or
extends that date.
SEC. 7. Section 72440 of the Public
Resources Code , as added by Section 9 of Chapter 764 of
the Statutes of 2004, is amended to read:
72440. (a) The board shall determine whether it is necessary to
apply to the federal government for the state to prohibit the release
of sewage sludge from large passenger vessels into the marine waters
of the state or marine sanctuaries. If the board determines that
application is necessary, it shall apply to the appropriate federal
agencies, as determined by the board, to authorize the state to
prohibit the release of sewage sludge from large passenger vessels
into the marine waters of the state and marine sanctuaries.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels, in all of the waters that are in
the Channel Islands National Marine Sanctuary, Cordell Bank National
Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary,
and Monterey Bay National Marine Sanctuary, that are not in the state
waters.
(c) This section shall become operative on January 1,
2010 2014 .
SEC. 2. SEC. 8. 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.