BILL ANALYSIS
SB 614
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Date of Hearing: June 16, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
SB 614 (Simitian) - As Amended: June 8, 2009
SENATE VOTE : 37-0
SUBJECT : Vessels.
SUMMARY : Revises the California Clean Coast Act, including the
extension of sunsets, from January 1, 2010 to January 1, 2014,
of statutes relating to the prohibition of releases of sewage,
sewage sludge and oily bilgewater from large passenger vessels
and oceangoing ships, as specified. Specifically, this bill :
1)Revises the definition of "marine waters of the state" to mean
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)Extends, from January 1, 2010 to January 1, 2014, sunsets on
provisions that do the following:
a) Declare the intent of the Legislature to request the
Congress of the United States to amend the Federal Water
Pollution Control Act (Clean Water Act) to provide
California with authority to regulate the release of sewage
from large passenger vessels and oceangoing ships in the
marine waters of the state.
b) Prohibit, if the Administrator of the United States
Environmental Protection Agency (US EPA) approves the
application for sewage release, or if the State Water
Resources Control Board (SWRCB) determines that an
application is not required, an owner or operator of a
large passenger vessel from releasing, or permitting anyone
to release, any sewage from the vessel into the marine
waters of the state.
c) Provide that a person who violates this prohibition is
subject to a civil penalty of not more than twenty-five
thousand dollars ($25,000) for each violation.
d) Require the owner or operator of a large passenger
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vessel to notify the California Emergency Management Agency
immediately, but not longer than 30 minutes, after
discovery of a release of sewage into the marine waters of
the state or a marine sanctuary.
e) Require the SWRCB to determine whether it is necessary
to apply to the federal government for authorization for
the state to prohibit the release of sewage or sewage
sludge from large passenger vessels and oceangoing ships,
as specified. Require, if the SWRCB determines that
application is necessary, the SWRCB to apply to the
appropriate federal agencies to authorize the state to
prohibit the release of sewage or sewage sludge, as
specified. Require the SWRCB to request the appropriate
federal agencies to prohibit the release of sewage sludge
and oily bilge water by large passenger vessels and
oceangoing ships, as specified, into marine sanctuaries
that are not in state waters.
3)Revises, from January 1, 2010 to January 1, 2014, the
effective date that the SWRCB must determine whether it is
necessary to apply to the federal government for authorization
for the state to prohibit the release of sewage or sewage
sludge from large passenger vessels into the marine waters of
the state or marine sanctuaries. Requires, if the SWRCB
determines that application is necessary, the SWRCB to apply
to the appropriate federal agencies for authorization.
Requires the SWRCB to request the appropriate federal agencies
to prohibit the release of sewage sludge and oily bilge water,
into marine sanctuaries that are not in state waters.
4)Clarifies that a vessel is engaged in innocent passage when
operating in "marine waters of the state" rather than "state
waters."
5)Makes technical, conforming corrections.
EXISTING LAW :
1)Under the California Clean Coast Act:
a) Defines terms, including "marine waters of the state" as
"coastal waters" as defined in Section 13181 of the Water
Code. This Section of the Water Code does not include a
definition of "coastal waters."
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b) Declares the intent of the Legislature to request
Congress to amend the Clean Water Act to provide California
with authority to regulate the release of sewage from large
passenger vessels and oceangoing ships in the marine waters
of the state.
c) Prohibits, as specified, the release of wastes,
including sewage, sewage sludge, graywater, hazardous
waste, other waste and oily bilge water from large
passenger vessels and oceangoing ships into the marine
waters of the state and into marine sanctuaries.
d) Requires, as specified, an owner or operator of a large
passenger vessel or oceangoing ship to notify the Office of
Emergency Services immediately after discovery of a release
of wastes into the marine waters of the state or into
marine sanctuaries.
e) Subjects, as specified, a person who violates the
prohibition of releases of wastes into the marine waters of
the state or into marine sanctuaries to a civil penalty of
not more than twenty-five thousand dollars ($25,000) for
each violation.
f) Requires the SWRCB to determine whether it is necessary
and then to apply to the federal government for state
authorization to prohibit the release of sewage or sewage
sludge from vessels, as specified, into the marine waters
of the state or marine sanctuaries.
2)Under the Federal Water Pollution Control Act (Clean Water
Act):
a) Authorizes the Administrator of the US EPA to, by
regulation, prohibit vessel sewage discharges if the
Administrator determines, upon application by a state, that
the protection and enhancement of the quality of specified
waters within that state requires such prohibition.
b) Authorizes a state to prohibit sewage discharges into
state waters from vessels, except that the prohibition
cannot apply until the Administrator determines that
adequate facilities for removal and treatment of sewage
from vessels are reasonably available for the areas where
the prohibition would apply.
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FISCAL EFFECT : Unknown.
COMMENTS :
The federal Clean Water Act disallows states from prohibiting
sewage discharges from vessels unless the Administrator of the
US EPA determines, upon application by a state that certain
conditions are met (see above). As required under the
California Clean Coast Act, the SWRCB submitted an application
to the US EPA in September 2006 requesting authorization for the
state to prohibit the release of sewage and sewage sludge from
large passenger vessels and oceangoing ships. According to
SWRCB staff, they and US EPA staff have been in communication
over the past several years, but approval of the application is
still pending. As several provisions of the California Clean
Coast Act are due to sunset at the end of this year, the
author's office indicates that extension of the sunsets of those
provisions is necessary to continue pursuing approval of the
application for the state to prohibit the release of sewage and
sewage sludge from vessels in the state's waters.
Duplicative language : SB 614 amends two existing Sections of
Public Resources Code 72440, one that sunsets US EPA application
requirements and one that extends some portions of the
application requirement indefinitely. The author may wish to
consider determining whether Section 72440, as added by Section
9 of Chapter 764 of the Statutes of 2004, is necessary to
retain.
Related legislation:
1)AB 121 (Simitian) Chapter 488, Statutes of 2003, prohibits
owners or operators of large passenger vessels from releasing
sewage sludge and oily bilge water into state marine waters
and marine sanctuaries under certain conditions.
2)AB 471 (Simitian), Chapter 706, Statutes of 2004, prohibits
cruise ship onboard incineration within three miles of the
California coast.
3)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.
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4)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.
5)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.
6)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.
7)SB 497 (Simitian) Chapter 292, Statutes of 2006, revised spill
notification procedures and clarified certain terms.
REGISTERED SUPPORT / OPPOSITION :
Support:
None on file.
Opposition:
None on file.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965