BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 935|
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                                    CONSENT


          Bill No:  SB 935
          Author:   Senate Environmental Quality Committee
          Amended:  As introduced
          Vote:     27 - Urgency

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-0, 5/2/11
          AYES:  Simitian, Strickland, Blakeslee, Hancock, Kehoe, 
            Lowenthal, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Ballast water

           SOURCE  :     Author


           DIGEST  :    This bill makes technical changes to the Marine 
          Invasive Species Act for more thorough implementation by 
          the State Lands Commission.

           ANALYSIS  :    Existing law, under the Marine Invasive 
          Species Act (Public Resources Code Section 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 
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             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.
           
           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.
           
            NOTE:  This is the Senate Environmental Quality 
                 Committee's annual omnibus bill.
           
          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No







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          CTW:mw  5/17/11   Senate Floor Analyses 

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