BILL ANALYSIS �
SB 935
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SENATE THIRD READING
SB 935 (Senate Environmental Quality Committee)
As Amended August 21, 2012
2/3 vote
SENATE VOTE : 39-0
ENVIRONMENTAL SAFETY 9-0APPROPRIATIONS 16-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Chesbro, Davis, | |Blumenfield, Bradford, |
| |Feuer, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal, | |Davis, Donnelly, |
| |Morrell, Valadao | |Dickinson, Hall, Hill, |
| | | |Lara, Nielsen, Norby |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes technical modifications to the Marine Invasive
Species Act, including extending the date, from on or before
January 1, 2008, to on or before January 1, 2016, by which the
California State Lands Commission (SLC) must approve the
application by an owner or operator of a vessel to install an
experimental ballast water treatment system in order to require
the SLC to deem that system to be in compliance with any future
ballast water treatment standard adopted, as specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, enactment of this bill would result in negligible
state costs.
COMMENTS :
Need for the bill : According to the Senate Environmental
Quality Committee, "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."
California's Marine Invasive Species Program : According to the
SLC, the Marine Invasive Species Program strives to prevent
nonindigenous species release from commercial vessels to
California waters. The program began in 1999 with the passage
SB 935
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of California's Ballast Water Management for Control of
Nonindigenous Species Act, which addressed the threat of species
introductions through ships' ballast water during a time when
federal regulations were not mandatory. In 2003, the Marine
Invasive Species Act was passed in California, reauthorizing and
expanding the 1999 Act. Subsequent amendments to the Marine
Invasive Species Act and additional legislation has further
expanded the scope of the program to include research,
management and policy development related to vessel fouling and
ballast water treatment technologies.
Federal Shipboard Technology Evaluation Program (STEP) : The
U.S. Coast Guard's STEP program is intended to facilitate the
development of effective ballast water management system
technologies. STEP participation is available to all foreign
and domestic vessels subject to the Coast Guard's Ballast Water
Management (BWM) regulations. Vessels accepted into this
voluntary, no-cost program may be granted an equivalency to
future ballast water discharge standard regulations, for up to
the life of the vessel or the system, while their BWM system
operates satisfactorily.
"Grandfather" extension : Current law provides that if an owner
or operator of a vessel applies to install an experimental
ballast water treatment system, and the SLC approved that
application on or before January 1, 2008, the SLC was required
to deem the system to be in compliance with any future ballast
water treatment standard adopted for a period not to exceed five
years, thus "grandfathering" them in. This bill extends the
date, to 2016, by which the SLC must approve an application for
the same "grandfathering exemption."
According to the Senate Environmental Quality Committee, the
restrictive nature of the January 1, 2008, approval deadline has
hampered the ability of SLC staff to allow vessels enrolled in
STEP to continue to operate in California waters. Only 5 STEP
vessels have permission to operate in California waters (with a
5 year "grandfathering" to meet California's standards). The
Committee believes that allowing additional STEP vessels,
enrolled after January 1, 2008, to operate under the
"grandfathering" clause will enhance the ability of both
California and the federal government to better evaluate the
performance of treatment technologies and to closely monitor the
installation, maintenance and use of these systems on
operational vessels.
SB 935
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Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0005183