BILL NUMBER: AB 248 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bonnie Lowenthal
FEBRUARY 10, 2009
An act to amend Section 71205 of, and to amend the heading of
Division 36 (commencing with Section 71200) of, the Public Resources
Code, relating to ballast water management.
LEGISLATIVE COUNSEL'S DIGEST
AB 248, as introduced, Bonnie Lowenthal. Public resources: ballast
water management.
The Marine Invasive Species Act generally applies to all vessels
carrying or capable of carrying ballast water into the coastal waters
of the state after operating outside of the coastal waters of the
state and to all ballast water and associated sediments taken on a
vessel. The act requires the master, owner, operator, agent, or
person in charge of a vessel that visits a California port or place
of call to maintain specified information and records related to the
vessel and ballast water management, and to make available or provide
the information to the State Lands Commission.
This bill would require the master, owner, operator, agent, or
person in charge of a vessel carrying or capable of carrying ballast
water to maintain on board the vessel, in written or electronic form,
records that include the manufacturer and product name of the
ballast water treatment system on board the vessel, the name of the
organization that has approved the system, the approval or
certification number of the system technology, and the number of
tanks and the volume of each tank that is managed using the system.
The bill would require the master, owner, operator, agent, or person
in charge of the vessel to provide that information to the commission
in electronic or written form using a form developed by the
commission upon the vessel's departure from a California port or
place of call.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Division 36 (commencing with Section
71200) of the Public Resources Code is amended to read:
DIVISION 36. BALLAST WATER MANAGEMENT FOR CONTROL OF
NONINDIGENOUS SPECIES MARINE INVASIVE SPECIES ACT
SEC. 2. Section 71205 of the Public Resources Code is amended to
read:
71205. (a) (1) The master, owner, operator, agent, or person in
charge of a vessel carrying, or capable of carrying, ballast water,
that visits a California port or place, shall provide the information
described in subdivision (c) in electronic or written form to the
commission upon the vessel's departure from each port or place of
call in California.
(2) The information described in subdivision (c) shall be
submitted using a form developed by the United States Coast Guard.
(b) If the information submitted in accordance with this section
changes, an amended form shall be submitted to the commission upon
the vessel's departure from each port or place of call in California.
(c) (1) The master, owner, operator, or person in charge of the
vessel shall maintain on board the vessel, in written or electronic
form, records that include all of the following information:
(A) Vessel information, including all of the following:
(i) Name.
(ii) International Maritime Organization number or official number
if the International Maritime Organization number has not been
assigned.
(iii) Vessel type.
(iv) Owner or operator.
(v) Gross tonnage.
(vi) Call sign.
(vii) Port of Registry.
(B) Voyage information, including the date and port of arrival,
vessel agent, last port and country of call, and next port and
country of call.
(C) Ballast water information, including the total ballast water
capacity, total volume of ballast water onboard, total number of
ballast water tanks, capacity of each ballast water tank, and total
number of ballast water tanks in ballast, using measurements in
metric tons (MT) and cubic meters (m3).
(D) Ballast water management information, including all of the
following:
(i) The total number of ballast tanks or holds, the contents of
which are to be discharged into the waters of the state or to a
reception facility.
(ii) If an alternative ballast water management method is used,
the number of tanks that were managed using an alternative method, as
well as the type of method used.
(iii) Whether the vessel has a ballast water management plan and
International Maritime Organization guidelines on board, and whether
the ballast water management plan is used.
(iv) Whether the master, operator, or person in charge of the
vessel has claimed a safety exemption pursuant to paragraph (1) of
subdivision (b) of Section 71203 for the vessel voyage, and the
reason for asserting the applicability of that paragraph.
(E) Information on ballast water tanks, the contents of which are
to be discharged into the waters of the state or to a reception
facility, including all of the following:
(i) The origin of ballast water, including the date and location
of intake, volume, and temperature. If a tank has been exchanged, the
identity of the loading port of the ballast water that was
discharged during the exchange.
(ii) The date, location, volume, method, thoroughness measured by
percentage exchanged if exchange is conducted, and sea height at time
of exchange if exchange is conducted, of ballast water exchanged or
otherwise managed.
(iii) The expected date, location, volume, and salinity of ballast
water to be discharged into the waters of the state or a reception
facility.
(F) Discharge of sediment and, if sediment is to be discharged
within the state, the location of the facility where the disposal
will take place.
(G) Certification of accurate information, that shall include the
printed name, title, and signature of the master, owner, operator,
person in charge, or responsible officer attesting to the accuracy of
the information provided and certifying compliance with the
requirements of this division.
(H) Changes to previously submitted information.
(2) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a signed copy of the
information described in this subdivision on board the vessel for two
years.
(d) The master, owner, operator, or person in charge of a vessel
subject to this division shall retain for two years a separate
ballast water log outlining ballast water management activities for
each ballast water tank on board the vessel and shall make the
separate ballast water log available to the commission for inspection
and review.
(e) (1) The master, owner, operator, agent, or person in charge of
a vessel subject to this division shall provide the information
described in subdivision (f) in electronic or written form to the
commission annually upon request of the commission. The master,
owner, operator, agent, or person in charge of the vessel shall
submit that information within 60 days of receiving a written or
electronic request from the commission. For purposes of this
paragraph, the reporting shall begin on January 1, 2008, and continue
until the date that the regulations described in Section 71204.6 are
adopted.
(2) The information described in subdivision (f) shall be
submitted using a form developed by the commission.
(f) The master, owner, operator, agent, or person in charge of a
vessel subject to this division shall maintain on board the
vessel, in written or electronic form, records that include the
following information:
(1) (A) Date and location of drydocking events.
(B) Whether the vessel in general, and the submerged portion of
the vessel, sea chests, anchors, and associated chains in particular,
were cleaned during a drydocking event.
(2) Date and geographic location of all inwater cleaning of the
submerged portion of the vessel.
(3) (A) Date and geographic location of all antifouling paint
applications to the vessel.
(B) The manufacturer and brand name of the antifouling paint
applied to the vessel.
(g) (1) The master, owner, operator, agent, or person in charge of
a vessel subject to this division shall provide the information
described in subdivision (h) in electronic or written form to the
commission upon the vessel's departure from a California port or
place of call.
(2) The information described in subdivision (h) shall be
submitted using a form developed by the commission.
(h) The master, owner, operator, agent, or person in charge of a
vessel subject to this division shall maintain on board the vessel,
in written or electronic form, records, including, but not limited
to, all of the following information:
(1) The manufacturer and product name of the ballast water
treatment system on board the vessel.
(2) If applicable, the name of the organization that has approved
the ballast water treatment system and the approval or certification
number of the ballast water treatment system technology.
(3) The number of tanks and the volume of each tank that is
managed using the ballast water treatment system.