BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 614
          Author:   Simitian (D)
          Amended:  4/13/09
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-0, 4/20/09
          AYES:  Simitian, Runner, Ashburn, Corbett, Hancock,  
            Lowenthal, Pavley


           SUBJECT  :    Vessels:  California Clean Coast Act

           SOURCE  :     Author


           DIGEST  :    This bill revises provisions of the California  
          Clean Coast Act by (1) repealing the current definition for  
          "marine waters of the state" and adding a new definition to  
          be "waters within the area" bordered by the mean high tide  
          line to the three-mile state waters limit and from the  
          Oregon border to the Mexican border, and (2) clarifying  
          that a vessel is engaged in innocent passage when operating  
          in "marine waters of the state" rather than "state waters."

           ANALYSIS  :    SB 771 (Simitian), Chapter 588, Statutes of  
          2005, enacted the California Clean Coast Act (Act).  The  
          Act consolidated various requirements relating to releases  
          from 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  
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          the Act contains a cross-reference to a Water Code  
          definition that does not include a definition for that  
          term.  This bill 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."  This bill also provides that this exemption  
          appropriately applies to vessels operating in "marine  
          waters of the state" rather than "state waters."

           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.







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          SB 497 (Simitian), Chapter 292, Statutes of 2006, revised  
          spill notification procedures and clarified certain terms.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          DLW:do  4/22/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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