Bill Text: CA AB248 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public resources: ballast water management.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 317, Statutes of 2009. [AB248 Detail]

Download: California-2009-AB248-Amended.html

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BILL NUMBER: AB 248	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 13, 2009

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 amended, Bonnie Lowenthal. Public resources: ballast
water management. 
   The 
    (1)     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.  A person who, knowingly and with intent
to deceive, falsifies a ballast water control report form required by
the act is guilty of a misdemeanor. 
   This bill would require the master, owner, operator, agent, or
person in charge of a vessel carrying or capable of carrying ballast
water  that has a ballast water treatment system installed on
board the vessel that is used to comply with the act  to
maintain on board the vessel, in written or electronic form, 
specified  records that include  material data safety sheets
for certain chemicals, specified technical guides and publications,
documentation that the ballast water treatment system meets certain
environmental regulations, and a ballast water treatment log. The
bill also would require the master, owner, operator, agent, or person
in charge of one of those vessels that has discharged ballast at a
California port or place of call t   o provide to the
commission, upon the vessel's departure from that port or place of
call,  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  ,   if applicable  ,
the approval or certification number of the system technology  ,
if applicable  ,  and  the number of tanks and
the volume of each tank that is managed using the system  , and
any additional information required by the commission by rule or
regulation  . 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   on  a form developed by the commission
 upon the vessel's departure from a California port or place
of call .  Because a knowing and intentionally deceitful
falsification of a report form required by the bill would be a
crime, the bill would impose a state-mandated local program. 
 The bill also would require the master, owner, operator, agent,
or person in charge of a vessel subject to the act to maintain
records of any additional information required by the com  
mission by rule or regulation.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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.  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   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 
 on board  , 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)  (A)    The information described in
subdivision (f) shall be submitted using a form developed by the
commission. 
   (B) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a copy of the form submitted
pursuant to this subdivision on board the vessel for two years.

   (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. 
   (4) Any additional information required by the commission by rule
or regulation. 
   (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.   that has a ballast water
treatment system installed on board that is used to comply with this
division and has di   scharged ballast at a California port
or place of call shall provide to the commission the following
information upon the vessel's departure from that California port or
place of call:  
   (A) The manufacturer and product name of the ballast water
treatment system on board the vessel.  
   (B) If applicable, the name and organization that has approved the
ballast water treatment system and the approval or certification
number of the ballast water treatment system technology.  
   (C) The number of tanks and the volume of each tank that is
managed using the ballast water treatment system.  
   (D) Any additional information required by the commission by rule
or regulation.  
   (2) The information required by paragraph (1) shall be provided on
a form developed by the commission. 
   (h) The master, owner, operator, agent, or person in charge of a
vessel subject to this division  that has a ballast water
treatment system installed on board that is used to comply with 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.  
   (1) Copies of all reports and forms described in subdivision (g),
submitted to the commission.  
   (2) Material safety data sheets for all chemicals utilized in
conjunction with the ballast water treatment system.  
   (3) System manufacturer's technical guides and publications. 

   (4) Documentation that the ballast water treatment system meets
all applicable federal, state, local, and tribal environmental
regulations. 
   (5) A ballast water treatment system performance log, including,
at a minimum, all of the following information:  
   (A) The date, time, and location of the starting and stopping of
the system for the purpose of treating ballast water.  
   (B) System malfunctions or unexpected situations, including
problem resolution.  
   (C) Both scheduled and unscheduled maintenance of the system.
 
   (D) All relevant measures of performance recorded during system
operation.  
   (E) Any additional information required by the commission by rule
or regulation. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.