BILL ANALYSIS
SB 614
Page 1
CORRECTED- 7/10/2009- PER COMMITTEE CONSULTANT.
SENATE THIRD READING
SB 614 (Simitian)
As Amended June 8, 2009
Majority vote
SENATE VOTE :37-0
ENVIRONMENTAL SAFETY 7-0
APPROPRIATIONS 15-0
-----------------------------------------------------------------
|Ayes:|Chesbro, Miller, Davis, |Ayes:|De Leon, Nielsen, |
| |Feuer, Monning, Ruskin, | |Ammiano, Coto, Davis, |
| |Smyth | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, John A. |
| | | |Perez, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson |
-----------------------------------------------------------------
SUMMARY : Extends, from January 1, 2010, to January 1, 2014, the
sunset dates of the California Clean Coast Act and makes
technical revisions to that act. 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
SB 614
Page 2
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 $25,000 for
each violation;
d) Require the owner or operator of a large passenger
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; and,
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
SB 614
Page 3
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;"
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 $25,000 for each violation; and,
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):
SB 614
Page 4
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; and,
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in negligible costs.
COMMENTS : The federal Clean Water Act limits states' authority
to regulate 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.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0001863