BILL ANALYSIS �
SB 1360
Page 1
Date of Hearing: June 12, 2012
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
SB 1360 (Simitian) - As Amended: June 4, 2012
SENATE VOTE : 38-0
SUBJECT : Vessels.
SUMMARY : Deletes the January 1, 2014, sunset dates on
provisions relating to specified prohibitions on releases of
wastes from large passenger vessels and ocean going ships and
makes other technical revisions to the California Clean Coast
Act (Act). Specifically, this bill :
1)Revises existing legislative intent to prohibit the release of
all wastes covered under the Act, rather than just sewage and
graywater, into marine waters of the state and marine
sanctuaries; strikes legislative intent provisions relating to
a Congressional request to authorize California to regulate
sewage discharges; and, adds legislative findings relating to
a March 2012 federal prohibition of sewage discharges from
large passenger vessels and oceangoing ships and the creation
of a No Discharge Zone (NDZ) along California's coast and
surrounding islands.
2)Redefines "marine waters of the state" to mean waters within
the area bounded by the mean high tide line to the three-mile
state waters limit, from the Oregon border to the Mexican
border.
3)Deletes the January 1, 2014, sunset dates on the prohibition
of the release of sewage into the marine waters of the state
from large passenger vessels; on the requirement for such
vessels to notify the California Emergency Management Agency
of any sewage released into the marine waters of the state; on
civil penalties provisions for violations of the Act; and on
other provisions relating to state and federal action on
sewage, sewage sludge and oily bilgewater releases from large
passenger vessels and oceangoing ships.
4)Makes technical and clarifying amendments, including
clarifying that "vessel" refers to a "large passenger vessel
or oceangoing ship" in provisions relating to innocent
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passage; adding "marine sanctuaries" as a location where
releases are prohibited; and consolidating �72420.1 into
�72420.
EXISTING LAW :
Under the California Clean Coast Act (Public Resources Code
(PRC) �72400 et seq.):
1)Establishes legislative intent to prohibit vessels from
releasing sewage and graywater into the marine waters of the
state and to request Congress to amend the Federal Water
Pollution Control Act (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. Sunsets intent provisions on January 1, 2014.
2)Prohibits the release of graywater, oily bilgewater, hazardous
waste, and other waste from large passenger vessels and
oceangoing ships, as specified.
3)Prohibits the release of sewage or sewage sludge from large
passenger vessels or oceangoing ships, as specified, into the
marine waters of the state or a marine sanctuary if the
appropriate federal agencies approve an application to
prohibit such releases, or if the State Water Resources
Control Board (SWRCB) determines that an application is not
required. Sunsets certain prohibition provisions on January
1, 2014.
4)Requires the owner or operator of large passenger vessels or
oceangoing ships to notify the California Emergency Management
Agency of any prohibited waste released into the marine waters
of the state. Sunsets certain provisions on January 1, 2014.
5)Imposes civil penalties for violations of the Act. Sunsets
certain provisions on January 1, 2014.
6)Requires the SWRCB to determine whether it is necessary to
apply to the federal government for the state to prohibit the
release, as specified, of sewage or sewage sludge from large
passenger vessels or oceangoing ships. Requires the SWRCB, if
it determines it is necessary, to apply to the appropriate
federal agencies to authorize the state to prohibit large
passenger vessels and oceangoing ships, as specified, from
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releasing sewage or sewage sludge into the marine waters of
the state and to prohibit large passenger vessels and
oceangoing ships from releasing sewage sludge into marine
sanctuaries.
7)Requires the SWRCB to request the appropriate federal agencies
to prohibit large passenger vessels and oceangoing ships from
releasing sewage sludge and oily bilgewater in specified
marine sanctuaries that are not in state waters. Sunsets
provisions relating to SWRCB requirements on January 1, 2014.
Under the federal Clean Water Act (CWA �312 et seq.), sets out
the principal framework for domestically regulating sewage
discharges from vessels, including authorizing states to
petition, by written application, for a NDZ designation from the
U. S. Environmental Protection Agency (U.S. EPA) Regional
Administrator.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, enactment of this bill will result in ongoing minor
and absorbable costs from the General Fund for the enforcement
of sewage and sewage sludge discharge prohibitions.
COMMENTS : Federal law generally preempts states from regulating
sewage discharges from vessels, with some exceptions. Under CWA
section 312, a state or local authority that has determined that
some or all state waters require greater environmental
protection may submit an application to the Administrator of
U.S. EPA to prohibit these discharges. The Administrator must
approve the application before a prohibition can go into effect.
Under the Act, Section 72440 (a) of the PRC requires the SWRCB,
if it determined it was necessary, to apply to U.S. EPA for this
authority. The SWRCB reviewed its options and determined that
it was necessary to prepare an application. Therefore, on April
5, 2006, the SWRCB submitted an application under CWA Section
312(f)(4)(A) requesting U.S.EPA to prohibit the discharge of
sewage sludge from cruise ships and oceangoing vessels and
sewage from cruise ships and oceangoing vessels that weigh 300
gross tons or more and have sufficient holding tank capacity.
On February 9, 2012, U.S. EPA finalized a rule, which went into
effect March 28, 2012, to approve California's application. The
rule prohibits large passenger vessels and large oceangoing
vessels, including private, commercial, government, or military
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vessels equipped with a holding tank, from discharging all
sewage, whether treated or not, while in California marine
waters.
In contrast to prior NDZs under the CWA, which apply to small
areas, California's NDZ, the largest in the nation, applies to
all coastal waters out to 3 miles from the coastline and all
bays and estuaries subject to tidal influence. U.S. EPA
estimates that the rule will prohibit the discharge of more than
22 million of the 25 million gallons of treated sewage that
large vessels could otherwise legally discharge into California
state marine waters each year, thus greatly reducing the
contribution of pollutants still found in treated vessel sewage.
SB 1360 strikes the Act's January 1, 2014, sunset dates and
makes other technical and clarifying amendments consistent with
this recent federal action.
REGISTERED SUPPORT / OPPOSITION :
Support:
The Ocean Conservancy
Opposition:
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965