BILL NUMBER: SB 1360 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Simitian
FEBRUARY 24, 2012
An act to amend Section Sections 72401,
72420, 72421, 72430, 72440, and 72441 of , and to repeal
Section 72420.1 of, the Public Resources Code, relating to
vessels.
LEGISLATIVE COUNSEL'S DIGEST
SB 1360, as amended, Simitian. Vessels.
(1) Existing law, until January 1, 2014, prohibits, if the
Administrator of the United States Environmental Protection Agency
approves an application to prohibit the release of sewage from large
passenger vessels or if the State Water Resources Control Board
determines that an application is not necessary, an owner or operator
of a large passenger vessel from releasing, or permitting another
to, release sewage from the vessel into the marine waters of the
state. Existing law requires, until January 1, 2014, the owner or
operator to notify the California Emergency Management Agency
immediately, but not longer than 30 minutes, after the discovery of a
release of sewage from a large passenger vessel into the marine
waters of the state or a marine sanctuary. Existing law requires the
owner or operator to notify the agency immediately, but not longer
than 30 minutes, after the discovery of a release of graywater from a
large passenger vessel into the marine waters of the state. Existing
law imposes on a person who violates the prohibition a civil penalty
of not more than $25,000 for each violation.
This bill would extend the prohibition and notification
requirement indefinitely. The bill would expand the prohibition to
sewage releases into a marine sanctuary. The bill would additionally
require the owner or operator of large passenger vessel to notify the
agency upon the discovery of a release of graywater into a marine
sanctuary.
Existing
(2) 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
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 72401 of the Public
Resources Code is amended to read:
72401. (a) The Legislature
finds and declares that the protection and enhancement of
both of the following:
(a) To protect and enhance the
quality of the marine waters of the state requires that the
release of sewage from large passenger vessels, and the release of
sewage and graywater from oceangoing ships with sufficient holding
tank capacity, into the marine waters of the state all
of the following should be prohibited .
:
(1) The release of graywater or sewage by a large passenger vessel
into the marine waters of the state or a marine sanctuary.
(2) The release of hazardous waste, other waste, sewage sludge, or
oily bilgewater by a large passenger vessel or oceangoing ship into
the marine waters of the state or a marine sanctuary.
(3) The release of graywater or sewage by an oceangoing ship into
the marine waters of the state or a marine sanctuary.
(b) The Legislature intends to request the Congress of the United
States to amend the Federal Water Pollution Control Act (33 U.S.C.
Sec. 1251 and following) to provide California with authority similar
to that granted to the State of Alaska by Public Law 106-554, to
regulate the release of sewage from large passenger vessels and
oceangoing ships in the marine waters of the state.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
(b) In response to an application from the State of California
pursuant to this division, beginning March 2012, the United States
Environmental Protection Agency prohibited the discharge of all
sewage from large passenger vessels and large oceangoing ships, and
created a No-Discharge Zone along California's 1,624-mile coastline
from Mexico to Oregon and surrounding islands, the largest
No-Discharge Zone in the nation.
SEC. 2. Section 72420 of the Public
Resources Code is amended to read:
72420. (a) If the appropriate federal agencies approve an
application made pursuant to subdivision (a) of Section 72440, or if
the board determines that an application is not required, an owner or
operator of a large passenger vessel or oceangoing ship may
shall not release, or permit anyone to release,
any sewage sludge from the vessel into the marine waters of the
state or a marine sanctuary.
(b) If the Administrator of the United States Environmental
Protection Agency approves the application for sewage release made
pursuant to subdivision (a) of Section 72440, or if the board
determines that an application is not required, an owner or operator
of an oceangoing ship with sufficient holding tank capacity
may shall not release, or permit anyone to
release, any sewage from the vessel into the marine waters of the
state or a marine sanctuary .
(c) If the Administrator of the United States Environmental
Protection Agency approves the application for sewage release made
pursuant to subdivision (a) of Section 72440, or if the board
determines that an application is not required, an owner or operator
of a large passenger vessel shall not release, or permit anyone to
release, any sewage from the vessel into the marine waters of the
state or a marine sanctuary.
SEC. 3. Section 72420.1 of the Public
Resources Code is repealed.
72420.1. (a) If the Administrator of the United States
Environmental Protection Agency approves the application for sewage
release made pursuant to subdivision (a) of Section 72440, or if the
board determines that an application is not required, an owner or
operator of a large passenger vessel may not release, or permit
anyone to release, any sewage from the vessel into the marine waters
of the state.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 4. Section 72421 of the Public
Resources Code is amended to read:
72421. (a) The owner or operator shall notify the California
Emergency Management Agency immediately, but not longer than 30
minutes, after discovery of any of the following:
(1) A large passenger vessel release of graywater into the marine
waters of the state or a marine sanctuary .
(2) Until January 1, 2014, a A large
passenger vessel release of sewage into the marine waters of the
state or a marine sanctuary.
(3) A large passenger vessel or oceangoing ship release of
hazardous waste, other waste, sewage sludge, or oily bilgewater into
the marine waters of the state or a marine sanctuary.
(4) An oceangoing ship with sufficient holding tank capacity
release of sewage or graywater into the marine waters of the state or
a marine sanctuary.
(b) The owner or operator shall include all of the following in
the notification required pursuant to subdivision (a):
(1) Date of the release.
(2) Time of the release.
(3) Location, by latitude and longitude, of the release.
(4) Volume of the release.
(5) Source of the release.
(6) Remedial action taken to prevent future releases.
(c) The California Emergency Management Agency shall transmit the
notification required by subdivision (a) to the board and the
Department of Fish and Game immediately, but not longer than 30
minutes, after receiving the notification.
SEC. 5. Section 72430 of the Public
Resources Code is amended to read:
72430. (a) A person who violates Section 72420 or 72420.2
, or until January 1, 2014, Section 72420.1, is
subject to a civil penalty of not more than twenty-five thousand
dollars ($25,000) for each violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may be
brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.
SEC. 6. Section 72440 of the Public
Resources Code is amended to read:
72440. (a) (1) The board shall determine whether it is necessary
to apply to the federal government for the state to prohibit the
release of sewage or sewage sludge from large passenger vessels,
sewage from oceangoing ships with sufficient holding tank capacity,
and sewage sludge from oceangoing ships, into the marine waters of
the state or to prohibit the release of sewage sludge from large
passenger vessels and oceangoing ships into marine sanctuaries, as
described in Section 72420 and subdivision (a) of Section 72420.1. If
the board determines that application is necessary for either sewage
or sewage sludge, or both, it shall apply to the appropriate federal
agencies, as determined by the board, to authorize the state to
prohibit the release of sewage or sewage sludge, or both, as
necessary, from large passenger vessels, sewage from oceangoing ships
with sufficient holding tank capacity, and sewage sludge from
oceangoing ships, into the marine waters of the state and, if
necessary, to authorize the state to prohibit the release of sewage
sludge from large passenger vessels and oceangoing ships into marine
sanctuaries.
(2) It is not the Legislature's intent to establish for the marine
waters of the state a no discharge zone for sewage from all vessels,
but only for a class of vessels.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels and oceangoing ships, in all of
the waters that are in the Channel Islands National Marine Sanctuary,
Cordell Bank National Marine Sanctuary, Gulf of the Farallones
National Marine Sanctuary, and Monterey Bay National Marine
Sanctuary, that are not in the state waters.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SECTION 1. SEC. 7. 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 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.