BILL ANALYSIS
SB 614
Page 1
SENATE THIRD READING
SB 614 (Simitian)
As Amended September 4, 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 : 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)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;
SB 614
Page 2
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.
2)Clarifies that a vessel is engaged in innocent passage when
operating in "marine waters of the state" rather than "state
waters."
3)Makes technical, conforming corrections.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would incur negligible costs.
COMMENTS : The federal Clean Water Act prohibits 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. 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
SB 614
Page 3
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 state waters.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0002906