BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 935|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 935
Author: Senate Environmental Quality Committee
Amended: 8/21/12
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
SENATE FLOOR : 39-0, 5/23/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : 79-0, 8/23/12 - See last page for vote
SUBJECT : Ballast water
SOURCE : Author
DIGEST : This bill 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
CONTINUED
SB 935
Page
2
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.
Assembly Amendments delete the provision of the Senate
version of the bill which would have deleted reference to
Table x-1 in 2006 SLC Report on Performance Standards for
Ballast Water Discharges in California Waters, and which
would have replaced it with actual performance standards
from that report.
ANALYSIS : 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 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
CONTINUED
SB 935
Page
3
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 . Existing 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 five STEP vessels have permission
to operate in California waters (with a five-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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 79-0, 08/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
CONTINUED
SB 935
Page
4
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Roger Hern�ndez
CTW:m 8/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED