BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 614|
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UNFINISHED BUSINESS
Bill No: SB 614
Author: Simitian (D)
Amended: 9/4/09
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/20/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE FLOOR : 37-0, 4/23/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Dutton, Florez, Hancock, Hollingsworth, Huff,
Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod,
Oropeza, Padilla, Pavley, Romero, Runner, Simitian,
Steinberg, Strickland, Walters, Wiggins, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Ducheny, Harman, Vacancy
ASSEMBLY FLOOR : 77-0, 9/8/09 - See last page for vote
SUBJECT : Vessels: California Clean Coast Act
SOURCE : Author
DIGEST : This bill clarifies that a vessel is engaged in
innocent passage when operating in marine waters of the
state rather than state waters." This bill also revises
the California Clean Coast Act, including the extension of
sunset dates, from January 1, 2010 to January 1, 2014, of
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statutes relating to the prohibition of release of sewage,
sewage sludge and oily bilgewater from large passenger
vessels and oceangoing ships, as specified.
Assembly Amendments extend the sunset dates from January 1,
2010 to January 1, 2014 on statutes relating to the
prohibition of releases of sewage, sludge, and oily
bilgewater from large passenger vessels and oceangoing
ships.
ANALYSIS : Existing law prohibits an owner or operator of
a large passenger vessel or oceangoing ship from releasing
or permitting anyone to release specified substances from
the vessel or ship into the marine waters of the state or a
marine sanctuary. Existing law excludes from those
requirements a large passenger vessel or oceangoing ship
that operates in the marine waters of the state, as that
term is defined, solely in innocent passage, and discharges
made for the purpose of securing the safety of the vessel
or ship or saving life at sea if specified precautions are
taken. The Federal Water Pollution Control Act (Clean
Water Act) provides for purposes of that exclusion, a
vessel is engaged in innocent passage if its operation in
state waters would constitute innocent passage under
specified conventions.
Existing law requires certain statutes relating to the
release of sewage from specified vessels traveling in the
marine waters of the state to be repealed on January 1,
2010.
This bill extends, from January 1, 2010 to January 1, 2014,
sunsets on provisions that do the following:
1.Declares the intent of the Legislature to request the
Congress of the United States 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.
2.Prohibits, 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
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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.
3.Provides that a person who violates this prohibition is
subject to a civil penalty of not more than $25,000 for
each violation.
4.Requires 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.
5.Requires 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. Requires, 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. Requires 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.
6.Clarifies that a vessel is engaged in innocent passage
when operating in "marine waters of the state" rather
than "state waters".
7.Makes technical, conforming correction.
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
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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 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
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Charles Calderon, Bass, Vacancy
DLW:do 9/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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