BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1360 (Simitian) - Vessels
Amended: April 18, 2012 Policy Vote: EQ 6-0
Urgency: No Mandate: No
Hearing Date: April 30, 2012 Consultant:
Marie Liu
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 1360 removes the sunset date on the prohibition
for large passenger vessels to release sewage into the marine
waters of the state and the requirement for such vessels to
notify the California Emergency Management Agency of any sewage
release into the marine waters of the state. The bill also makes
technical and clarifying amendments.
Fiscal Impact: Ongoing minor and absorbable costs from the
General Fund for the enforcement of sewage and sewage sludge
discharge prohibitions.
Background: The Federal Water Pollution Control Act (Clean Water
Act) authorizes the US Environmental Protection Agency (US EPA)
to prohibit vessel sewage discharges into waters of any given
state if, upon application by the state, US EPA determines that
the protection and enhancement of water quality within that
state require such a prohibition and there are adequate
facilities for removal and treatment of sewage from vessels are
reasonably available where the prohibition would apply.
The California Clean Coast Act (�72400 et seq.) declares the
intent of the Legislature to request Congress to amend the Clean
Water Act to provide California with authority to regulate the
release of sewage from large passenger vessels and oceangoing
ships in the marine waters of the state. The act requires State
Water Resources Control Board (SWRCB) to determine whether
federal authorization is necessary to regulate the discharge of
sewage and sewage sludge and, if so, to apply to the federal
government for such authorization. The act also requires an
owner or operator of a large passenger vessel to notify the
California Emergency Management Agency (CEMA) of any sewage
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releases into the marine waters of the state. CEMA is required
to transmit notification data to the SWRCB and the Department of
Fish and Game. These requirements and related intent language
are posed to sunset on January 1, 2014.
The SWRCB submitted an application to the US EPA in September
2006. On February 9, 2012, the US EPA approved regulations that
ban sewage discharges in California's marine waters and
established a no discharge zone along California's coast and
surrounding islands.
Proposed Law: This bill will delete the sunset provisions in the
California Clean Coast Act and revises the legislative intent
including to reflect recent federal authorization granted by the
US EPA.
Related Legislation: AB 2672 (Simitian) Chapter 764/2004
prohibited a large passenger vessel owner or operator from
releasing sewage into state marine waters if certain conditions
are met with provisions set to sunset on January 1, 2010. SB 614
(Simitian) Chapter 194/2009 extended the sunset dates to January
1, 2014.
Staff Comments: In 2004, according to this committee's analysis
of AB 2672, the SWRCB estimated it would cost about $100,000 to
petition the federal government and review discharge
notifications and, should the state be allowed to prohibit
sewage discharge into state waters, an additional $50,000
annually for enforcement. Despite SWRCB's requests for funding
in 2005 in order to prepare the petition to the federal
government, the Legislature has not provided funding for this
program and the SWRCB has been absorbing the costs of this bill.
Now that the federal government has approved the state's
prohibition, the SWRCB no longer incurs costs for the submission
of the state's petition and will have substantially fewer, if
any, discharge notifications to review, but enforcement costs
now begin. Removing the sunset date would make these enforcement
costs a permanent ongoing cost to the SWRCB. However, most of
the enforcement duties will likely fall on the US Coast Guard as
discharging sewage is a violation of the federal regulations as
well as state law. If there are remaining enforcement costs to
the SWRCB, staff believes they are likely minor and absorbable,
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especially given that the resources which were previously used
to petition the federal government and review discharge
notifications can now been shifted to cover enhancement costs.