BILL ANALYSIS                                                                                                                                                                                                    �



                                                                SB 935
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2011-2012 Regular Session
                                           
           BILL NO:    SB 935
           AUTHOR:     Environmental Quality Committee
           AMENDED:    As introduced
           FISCAL:     Yes               HEARING DATE:     May 2, 2011
           URGENCY:    Yes               CONSULTANT:       Caroll 
           Mortensen
            
           SUBJECT  :    BALLAST WATER

            SUMMARY  :    
           
            Existing law  , under the Marine Invasive Species Act, Public 
           Resources Code (�71200 et seq.):


           1) Imposes requirements on the master, owner, operator, or 
              person in charge of a vessel, as defined, to minimize the 
              uptake and release of nonindigenous species, including the 
              removal of hull fouling organisms and cleaning of the 
              ballast tanks regularly to remove fouling organisms.


           2) Provides that if an owner or operator of a vessel that 
              applies to install an experimental ballast water treatment 
              system and the State Lands Commission (SLC) approves that 
              application on or before January 1, 2008, SLC would be 
              required to deem the system to be in compliance with any 
              future treatment standard adopted for a period of five 
              years.


           3) Requires the owner or operator of a vessel to implement 
              specified interim performance standards for the discharge 
              of ballast water. 


           4) Defines terms for purposes of the Marine Invasive Species 
              Act.










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            This bill  :  

           1) Changes the definition of "hull fouling" to "biofouling."

           2) Changes the definition of "submerged" to "wetted" and 
              expands it to include internal piping structures in contact 
              with water taken onboard the vessel.

           3) Extends the date from January 1, 2008 to January 2016, for 
              which an owner or operator of a vessel applies to install 
              an experimental ballast water treatment system and that the 
              SLC approves the application and thus deems the system to 
              be in compliance with any future treatment standard 
              adopted, for a period not to exceed five years from the 
              date that the performance standards were adopted.


           4) Deletes reference to Table x-1 in 2006 SLC Report on 
              Performance Standards for Ballast Water Discharges in 
              California Waters, and replaces it with actual performance 
              standards from that report.


           5) Makes conforming changes.

            
           COMMENTS  :

            Purpose of Bill  .  This is the Committee's annual omnibus bill. 
            This measure makes technical changes to the Marine Invasive 
           Species Act for more effective implementation by the SLC.  
           These changes are a result of a collaborative process and 
           based upon information included in mandated reports submitted 
           by SLC.

            SOURCE  :        Environmental Quality Committee  

           SUPPORT  :       None on file 

           OPPOSITION  :    None on file  

            









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