BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1360|
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THIRD READING
Bill No: SB 1360
Author: Simitian (D)
Amended: 4/18/12
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/16/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : 5-0, 4/30/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NO VOTE RECORDED: Walters, Dutton
SUBJECT : Vessels: California Clean Coast Act
SOURCE : Author
DIGEST : This bill deletes the sunset date of January 1,
2014 on provisions of law relating to release of sewage
from a large passenger vessels or oceangoing ship. It
expands the prohibition on the release of sewage into a
marine sanctuary. It requires the owner or operator of
large passenger vessel to notify the California Emergency
Management Agency, upon the discovery of a release of
graywater into a marine sanctuary. It also prohibits the
owner or operator of a large passenger vessel or an
oceangoing ship with sufficient holding tank capacity from
releasing, or permitting anyone to release, from the
vessel, graywater into a marine sanctuary. Lastly it
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replaces the reference to a "vessel" with reference to a
"large passenger vessel or oceangoing ship."
ANALYSIS : Existing law, under the California Clean Coast
Act (Act) (Public Resources Code Section72400 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; and (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. Expands the prohibition to sewage releases into a marine
sanctuary. This bill additionally requires the owner or
operator of large passenger vessel to notify the agency
upon the discovery of a release of graywater into a
marine sanctuary.
3. Prohibits the owner or operator of a large passenger
vessel or an oceangoing ship with sufficient holding
tank capacity from releasing, or permitting anyone to
release, from the vessel, graywater into a marine
sanctuary.
4. 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
surrounding islands.
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5. 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 Section72420.1 into Section72420).
Comments
Purpose of this 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 Act and author of this bill,
"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 related
January 1, 2014, sunset dates in the California Clean Coast
Act can be stricken, and related clarifying amendments
added."
Related clarifying amendments . This bill, as noted above,
strikes the January 1, 2014, sunset dates in the Act.
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This bill 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." This bill 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 Section 72420.1 into
Section72420.
Related Legislation
AB 121 (Simitian), Chapter 488, Statutes of 2003,
prohibited 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,
prohibited cruise ship onboard incineration within three
miles of the California coast.
AB 906 (Nakano), Chapter 494, Statutes of 2003, prohibited
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
waters and marine sanctuaries under certain conditions.
AB 2093 (Nakano), Chapter 710, Statutes of 2004, prohibited
a large passenger vessel owner or operator from releasing
graywater into state marine waters if certain conditions
are met.
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AB 2672 (Simitian), Chapter 764, Statutes of 2004,
prohibited 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 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, the 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis,
"Ongoing minor and absorbable costs from the General Fund
for the enforcement of sewage and sewage sludge discharge
prohibitions."
DLW:kc 5/1/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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