BILL ANALYSIS �
SB 1360
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 1360
AUTHOR: Simitian
AMENDED: April 9, 2012
FISCAL: Yes HEARING DATE: April 16, 2012
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : VESSEL RELEASES
SUMMARY :
Existing law , under the California Clean Coast Act (Public
Resources Code �72400 et seq.):
1) Contains various requirements relating to the release of
graywater, hazardous waste, oily bilgewater, and sewage and
sewage sludge from a large passenger vessel or oceangoing
ship. Certain provisions relating to release of sewage
sunset January 1, 2014.
2) Includes legislative intent relating to prohibition of
sewage and graywater releases into marine waters of the
state, and requesting Congress to amend federal law to
authorize California to regulate the release of sewage from
large passenger vessels and oceangoing ships.
This bill :
1) Strikes the January 1, 2014, sunset on provisions relating
to release of sewage from a large passenger vessel or
oceangoing ship.
2) Revises legislative intent by referencing prohibition of
all wastes that are covered under the Act into marine
waters of the state and marine sanctuaries; striking
legislative intent relating to a Congressional request; and
adding legislative intent relating to March 2012 federal
actions prohibiting sewage discharges from large passenger
vessels and oceangoing ships, and creation of a
No-Discharge Zone (NDZ) along California's coast and
SB 1360
Page 2
surrounding islands.
3) Makes corresponding technical and clarifying amendments
(e.g., revises the definition of "innocent passage" by
referencing a "large passenger vessel or oceangoing ship"
rather than "vessel" in the definition of "innocent
passage;" referencing "marine sanctuaries" to be consistent
with other provisions of the Act; consolidating �72420.1
into �72420).
COMMENTS :
1) Purpose of Bill . SB 771 (Simitian) Chapter 588, Statutes
of 2005, enacted the California Clean Coast Act. The Act
consolidated various requirements relating to releases from
large passenger vessels, and applied those requirements to
oceangoing ships under certain conditions.
The Act prohibits an owner of a large passenger vessel or
oceangoing ship from releasing any sewage from the vessel
into marine waters of the state if the United States
Environmental Protection Agency (U.S. EPA) approves an
application pursuant to other provisions of the Act or if
the State Water Resources Control Board (SWRCB) determines
an application is not required.
The SWRCB submitted an application to U.S. EPA September 2006.
Following requests for additional information, submittal
of additional applications and information, and approvals
at the federal level, U.S. EPA's Pacific Southwest Regional
Administrator Jared Blumenfeld signed a regulation February
9, 2012, banning sewage discharges in California's marine
waters and establishing an NDZ along California's coast and
surrounding islands.
According to the author of the Clean Coast Act and author of
SB 1360, "This is a great day for the California coast,
which is far too precious to be used as a dumping ground.
This �NDZ] - the largest in the nation - protects our
coastal economy, our environment and our public health."
The author also notes that "With this federal authority, the
SB 1360
Page 3
related January 1, 2014, sunset dates in the California
Clean Coast Act can be stricken, and related clarifying
amendments added."
2) Related clarifying amendments . SB 1360, as noted above,
strikes the January 1, 2014, sunset dates in the Clean
Coast Act.
SB 1360 also revises legislative intent by referencing wastes
covered under the Act that are to be prohibited (rather
than only sewage and graywater), strikes provisions
relating to a Congressional request to authorize California
to regulate sewage discharges, and adds provisions relating
to recent federal actions prohibiting discharges and
establishing an NDZ.
According to U.S. EPA, "This �NDZ] overlaps with the NOAA
National Marine Sanctuaries, adjacent to the California
coast, and is consistent with the existing prohibitions on
vessel sewage from large passenger and large oceangoing
vessels within the Sanctuaries." SB 1360 adds the term
"marine sanctuaries" in certain provisions and legislative
intent in order to be consistent with other provisions of
the Act and with federal law.
Other technical and clarifying amendments revise the
definition of "innocent passage" by referencing a "large
passenger vessel or oceangoing ship" rather than "vessel"
in the definition of "innocent passage" and consolidating
�72420.1 into �72420.
3) Related legislation . AB 121 (Simitian) Chapter 488,
Statutes of 2003, prohibits owners or operators of large
passenger vessels from releasing sewage sludge and oily
bilgewater into state marine waters and marine sanctuaries
under certain conditions. AB 471 (Simitian), Chapter 706,
Statutes of 2004, prohibits cruise ship onboard
incineration within three miles of the California coast.
AB 906 (Nakano) Chapter 494, Statutes of 2003, prohibits
the release of hazardous waste and "other waste" ( i.e. ,
photography lab chemicals, dry cleaning chemicals, medical
waste) from large passenger vessels into state marine
SB 1360
Page 4
waters and marine sanctuaries under certain conditions. AB
2093 (Nakano) Chapter 710, Statutes of 2004, prohibits a
large passenger vessel owner or operator from releasing
graywater into state marine waters if certain conditions
are met. AB 2672 (Simitian) Chapter 764, Statutes of 2004,
prohibits a large passenger vessel owner or operator from
releasing sewage into state marine waters if certain
conditions are met. SB 771 (Simitian) Chapter 588,
Statutes of 2005, enacted the California Clean Coast Act
that consolidated the above provisions under the Act,
applied the requirements to oceangoing ships with certain
conditions and reporting requirements, and made various
other related amendments. SB 497 (Simitian) Chapter 292,
Statutes of 2006, revised spill notification procedures and
clarified certain terms. SB 614 (Simitian) Chapter 194,
Statutes of 2009, extended the January 1, 2010, California
Clean Coast Act sunset dates to January 1, 2014, and
clarified the definition of "innocent passage" to reference
"marine waters of the state" rather than "state waters."
4) Additional clarification needed . Technical and clarifying
amendments are needed to: a) strike "and subdivision (a)
of Section 72420.1" on page 6, lines 6 and 7; and b)
reference "marine waters of the state" in �72420.2(a) and
(c).
SOURCE : Senator Simitian
SUPPORT : None on file
OPPOSITION : None on file