BILL ANALYSIS
SB 614
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 614
AUTHOR: Simitian
AMENDED: April 13, 2009
FISCAL: No HEARING DATE: April 20, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : VESSEL RELEASES
SUMMARY :
Existing law , under the California Clean Coast Act:
1) Defines certain terms, including the term "marine waters of
the state" with a cross-reference to the term in Water Code
13181, which does not contain a definition for that term.
2) Applies the Act's requirements to vessels operating in
"marine waters of the state," except for a reference to a
vessel operating in "state waters" when engaged in innocent
passage (innocent passage of a vessel is exempt under the
Act).
This bill :
1) Repeals the current definition for "marine waters of the
state," and adds a new definition to be "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."
2) Clarifies that a vessel is engaged in innocent passage when
operating in "marine waters of the state" rather than
"state waters."
COMMENTS :
1) Purpose of Bill . SB 771 (Simitian) Chapter 588, Statutes
of 2005, enacted the California Clean Coast Act. The Act
consolidated various requirements relating to releases from
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large passenger vessels, and applied those requirements to
oceangoing ships under certain conditions.
The Act applies to those vessels operating in "marine waters
of the state," yet the definition of that term in the Act
contains a cross-reference to a Water Code definition that
does not include a definition for that term. SB 614 adds a
clear definition for that term.
The Act exempts vessels engaged in innocent passage if
operating in "state waters." However, since the Act
applies to vessels operating in "marine waters of the
state," SB 614 also provides that this exemption
appropriately applies to vessels operating in "marine
waters of the state" rather than "state waters."
2) Related legislation . AB 121 (Simitian) Chapter 488,
Statutes of 2003, prohibits owners or operators of large
passenger vessels from releasing sewage sludge and oily
bilgewater into state marine waters and marine sanctuaries
under certain conditions. AB 471 (Simitian), Chapter 706,
Statutes of 2004, prohibits cruise ship onboard
incineration within three miles of the California coast.
AB 906 (Nakano) Chapter 494, Statutes of 2003, prohibits
the release of hazardous waste and "other waste" ( i.e. ,
photography lab chemicals, dry cleaning chemicals, medical
waste) from large passenger vessels into state marine
waters and marine sanctuaries under certain conditions. AB
2093 (Nakano) Chapter 710, Statutes of 2004, prohibits a
large passenger vessel owner or operator from releasing
graywater into state marine waters if certain conditions
are met. AB 2672 (Simitian) Chapter 764, Statutes of 2004,
prohibits a large passenger vessel owner or operator from
releasing sewage into state marine waters if certain
conditions are met. SB 771 (Simitian) Chapter 588,
Statutes of 2005, enacted the California Clean Coast Act
that consolidated the above provisions under the Act,
applied the requirements to oceangoing ships with certain
conditions and reporting requirements, and made various
other related amendments. SB 497 (Simitian) Chapter 292,
Statutes of 2006, revised spill notification procedures and
clarified certain terms.
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3) Possible amendments . The author may be working with vessel
interests regarding further amendments to the Act. If this
bill is substantially amended, the Committee may hear this
bill on concurrence in Assembly amendments if approved by
the Assembly.
SOURCE : Senator Simitian
SUPPORT : None on file
OPPOSITION : None on file