BILL ANALYSIS
SB 614
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Date of Hearing: July 1, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 614 (Simitian) - As Amended: June 8, 2009
Policy Committee: Environmental
Safety Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill would extend from January 1, 2010, to January 1, 2014
the sunset date of the California Clean Coast Act and makes
several technical revisions to that act.
FISCAL EFFECT
Negligible costs.
COMMENTS
1)Rationale . The State Water Resources Control Board (SWRCB)
and the United States Environmental Protection Agency (U.S.
EPA) have yet to come to an agreement that would allow
California to prohibit sewage discharge from vessels in state
waters. However, several provisions of the California Clean
Coast Act, which declares the Legislature's intent to petition
the U.S. EPA for authority to prohibit vessel discharge in
state waters, will sunset at the end of this year. The author
contends extension of the sunset dates is necessary to allow
the state to continue to pursue the authority to prohibit the
release of sewage and sewage sludge from vessels in the
state's waters.
2)Background .
a) The Federal Water Pollution Control Act (Clean Water
Act) authorizes the US EPA to prohibit vessel sewage
discharges in a given state if, upon application by that
state, US EPA determines that the protection and
enhancement of water quality within that state require such
prohibition. The act further authorizes a state to
SB 614
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prohibit sewage discharges into state waters from vessels,
but only if U.S. EPA determines that adequate facilities
for removal and treatment of sewage from vessels are
reasonably available for the areas where the prohibition
would apply.
b) The California Clean Coast Act 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. The act
requires SWRCB to determine whether it is necessary and, if
so, to apply to the federal government for state
authorization to prohibit the release of sewage or sewage
sludge from vessels into the marine waters of the state or
marine sanctuaries. SWRCB is in ongoing communication with
U.S. EPA regarding such authorization. To date, however,
the state has not received such authorization.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081