BILL NUMBER: SB 1360	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 24, 2012

   An act to amend Section 72441 of the Public Resources Code,
relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1360, as introduced, Simitian. Vessels.
   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 act provides that for purposes
of that exclusion, a vessel is engaged in innocent passage if its
operation in the marine waters of the state would constitute innocent
passage under specified conventions.
   For purposes of the exclusion provision, the bill would replace
the reference to a "vessel" with reference to a "large passenger
vessel or oceangoing ship."
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 72441 of the Public Resources Code is amended
to read:
   72441.  (a) This division does not apply to either of the
following:
   (1) A large passenger vessel or oceangoing ship that operates in
the marine waters of the state solely in innocent passage.
   (2) Discharges made for the purpose of securing the safety of the
large passenger vessel or oceangoing ship or saving life at sea, if
reasonable precautions are taken for the purpose of preventing or
minimizing the discharge.
   (b) For the purposes of this section, a  vessel 
 large passenger   vessel or oceangoing ship  is
engaged in innocent passage if its operation in the marine waters of
the state would constitute innocent passage under either the
Convention on the Territorial Sea and Contiguous Zone, dated April
29, 1958, or the United Nations Convention on the Law of the Sea,
dated December 10, 1982.