BILL NUMBER: SB 1360 CHAPTERED
BILL TEXT
CHAPTER 279
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2012
APPROVED BY GOVERNOR SEPTEMBER 7, 2012
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN ASSEMBLY JUNE 4, 2012
AMENDED IN SENATE APRIL 18, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Simitian
FEBRUARY 24, 2012
An act to amend Sections 72401, 72410, 72420, 72420.2, 72421,
72430, 72440, and 72441 of, and to repeal Section 72420.1 of, the
Public Resources Code, relating to vessels.
LEGISLATIVE COUNSEL'S DIGEST
SB 1360, Simitian. Vessels.
(1) Existing law, until January 1, 2014, prohibits, if the
Administrator of the United States Environmental Protection Agency
approves an application to prohibit the release of sewage from large
passenger vessels or if the State Water Resources Control Board
determines that an application is not necessary, an owner or operator
of a large passenger vessel from releasing, or permitting another to
release, sewage from the vessel into the marine waters of the state.
Existing law requires, until January 1, 2014, the owner or operator
to notify the California Emergency Management Agency immediately, but
not longer than 30 minutes, after the discovery of a release of
sewage from a large passenger vessel into the marine waters of the
state or a marine sanctuary. Existing law requires the owner or
operator to notify the agency immediately, but not longer than 30
minutes, after the discovery of a release of graywater from a large
passenger vessel into the marine waters of the state. Existing law
imposes on a person who violates the prohibition a civil penalty of
not more than $25,000 for each violation.
This bill would extend the prohibition and notification
requirement indefinitely. The bill would expand the prohibition to
sewage releases into a marine sanctuary. The bill would additionally
require the owner or operator of a large passenger vessel to notify
the agency upon the discovery of a release of graywater into a marine
sanctuary.
(2) Existing law 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 the marine waters of the state.
The bill would additionally prohibit 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.
(3) Existing law prohibits an owner or operator of a large
passenger vessel or oceangoing ship from releasing or permitting
anyone to release specified substances from the vessel or ship into
the marine waters of the state or a marine sanctuary. Existing law
excludes from those requirements a large passenger vessel or
oceangoing ship that operates in the marine waters of the state, as
that term is defined, solely in innocent passage and discharges made
for the purpose of securing the safety of the vessel or ship or
saving life at sea if specified precautions are taken. The act
provides that for purposes of that exclusion, a vessel is engaged in
innocent passage if its operation in the marine waters of the state
would constitute innocent passage under specified conventions.
For purposes of the exclusion provision, the bill would replace
the reference to a "vessel" with reference to a "large passenger
vessel or oceangoing ship." The bill would also define the term
"marine waters of the state" to mean waters within the area bounded
by the mean high tide line to the 3-mile state waters limit, from the
Oregon border to the Mexican border, for purposes of provisions
relating to the operation of a large passenger vessel or an
oceangoing ship with sufficient holding tank capacity.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 72401 of the Public Resources Code is amended
to read:
72401. The Legislature finds and declares both of the following:
(a) To protect and enhance the quality of the marine waters of the
state all of the following should be prohibited:
(1) The release of graywater or sewage by a large passenger vessel
into the marine waters of the state or a marine sanctuary.
(2) The release of hazardous waste, other waste, sewage sludge, or
oily bilgewater by a large passenger vessel or oceangoing ship into
the marine waters of the state or a marine sanctuary.
(3) The release of graywater or sewage by an oceangoing ship into
the marine waters of the state or a marine sanctuary.
(b) In response to an application from the State of California
pursuant to this division, beginning March 2012, the United States
Environmental Protection Agency prohibited the discharge of all
sewage from large passenger vessels and large oceangoing ships, and
created a No Discharge Zone along California's 1,624-mile coastline
from Mexico to Oregon and surrounding islands, the largest No
Discharge Zone in the nation.
SEC. 2. Section 72410 of the Public Resources Code is amended to
read:
72410. (a) Unless the context otherwise requires, the definitions
set forth in this section govern this division.
(b) "Board" means the State Water Resources Control Board.
(c) "Commission" means the State Lands Commission.
(d) "Graywater" means drainage from dishwasher, shower, laundry,
bath, and washbasin drains, but does not include drainage from
toilets, urinals, hospitals, or cargo spaces.
(e) "Hazardous waste" has the meaning set forth in Section 25117
of the Health and Safety Code, but does not include sewage.
(f) "Large passenger vessel" or "vessel" means a vessel of 300
gross registered tons or greater that is engaged in the carrying of
passengers for hire, excluding all of the following vessels:
(1) Vessels without berths or overnight accommodations for
passengers.
(2) Noncommercial vessels, warships, vessels operated by nonprofit
entities as determined by the Internal Revenue Service, and vessels
operated by the state, the United States, or a foreign government.
(3) Oceangoing ships, as defined in subdivision (j).
(g) "Marine waters of the state" means 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.
(h) "Marine sanctuary" means marine waters of the state in the
Channel Islands National Marine Sanctuary, Cordell Bank National
Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary,
or Monterey Bay National Marine Sanctuary.
(i) "Medical waste" means medical waste subject to regulation
pursuant to Part 14 (commencing with Section 117600) of Division 104
of the Health and Safety Code.
(j) "Oceangoing ship" means a private, commercial, government, or
military vessel of 300 gross registered tons or more calling on
California ports or places.
(k) "Oil" has the meaning set forth in Section 8750.
(l) "Oily bilgewater" includes bilgewater that contains used
lubrication oils, oil sludge and slops, fuel and oil sludge, used
oil, used fuel and fuel filters, and oily waste.
(m) "Operator" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
(n) "Other waste" means photography laboratory chemicals, dry
cleaning chemicals, or medical waste.
(o) "Owner" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
(p) "Release" means discharging or disposing of wastes into the
environment.
(q) "Sewage" has the meaning set forth in Section 775.5 of the
Harbors and Navigation Code, including material that has been
collected or treated through a marine sanitation device as that term
is used in Section 312 of the Clean Water Act (33 U.S.C. Sec. 1322)
or material that is a byproduct of sewage treatment.
(r) "Sewage sludge" has the meaning set forth in Section 122.2 of
Title 40 of the Code of Federal Regulations.
(s) "Sufficient holding tank capacity" means a holding tank of
sufficient capacity to contain sewage and graywater while the
oceangoing ship is within the marine waters of the state.
(t) "Waste" means hazardous waste and other waste.
SEC. 3. Section 72420 of the Public Resources Code is amended to
read:
72420. (a) If the appropriate federal agencies approve an
application made pursuant to subdivision (a) of Section 72440, or if
the board determines that an application is not required, an owner or
operator of a large passenger vessel or oceangoing ship shall not
release, or permit anyone to release, any sewage sludge from the
vessel into the marine waters of the state or a marine sanctuary.
(b) If the Administrator of the United States Environmental
Protection Agency approves the application for sewage release made
pursuant to subdivision (a) of Section 72440, or if the board
determines that an application is not required, an owner or operator
of an oceangoing ship with sufficient holding tank capacity shall not
release, or permit anyone to release, any sewage from the vessel
into the marine waters of the state or a marine sanctuary.
(c) If the Administrator of the United States Environmental
Protection Agency approves the application for sewage release made
pursuant to subdivision (a) of Section 72440, or if the board
determines that an application is not required, an owner or operator
of a large passenger vessel shall not release, or permit anyone to
release, any sewage from the vessel into the marine waters of the
state or a marine sanctuary.
SEC. 4. Section 72420.1 of the Public Resources Code is repealed.
SEC. 5. Section 72420.2 of the Public Resources Code is amended to
read:
72420.2. (a) An owner or operator of a large passenger vessel
shall not release, or permit anyone to release, from the vessel,
graywater into the marine waters of the state or a marine sanctuary.
(b) An owner or operator of a large passenger vessel or oceangoing
ship shall not release, or permit anyone to release, from the
vessel, hazardous waste, other waste, or oily bilgewater into the
marine waters of the state or a marine sanctuary.
(c) An owner or operator of an oceangoing ship with sufficient
holding tank capacity shall not release, or permit anyone to release,
from the vessel, graywater into the marine waters of the state or a
marine sanctuary.
SEC. 6. Section 72421 of the Public Resources Code is amended to
read:
72421. (a) The owner or operator shall notify the California
Emergency Management Agency immediately, but not longer than 30
minutes, after discovery of any of the following:
(1) A large passenger vessel release of graywater into the marine
waters of the state or a marine sanctuary.
(2) A large passenger vessel release of sewage into the marine
waters of the state or a marine sanctuary.
(3) A large passenger vessel or oceangoing ship release of
hazardous waste, other waste, sewage sludge, or oily bilgewater into
the marine waters of the state or a marine sanctuary.
(4) An oceangoing ship with sufficient holding tank capacity
release of sewage or graywater into the marine waters of the state or
a marine sanctuary.
(b) The owner or operator shall include all of the following in
the notification required pursuant to subdivision (a):
(1) Date of the release.
(2) Time of the release.
(3) Location, by latitude and longitude, of the release.
(4) Volume of the release.
(5) Source of the release.
(6) Remedial action taken to prevent future releases.
(c) The California Emergency Management Agency shall transmit the
notification required by subdivision (a) to the board and the
Department of Fish and Game immediately, but not longer than 30
minutes, after receiving the notification.
SEC. 7. Section 72430 of the Public Resources Code is amended to
read:
72430. (a) A person who violates Section 72420 or 72420.2 is
subject to a civil penalty of not more than twenty-five thousand
dollars ($25,000) for each violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may be
brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.
SEC. 8. Section 72440 of the Public Resources Code is amended to
read:
72440. (a) (1) The board shall determine whether it is necessary
to apply to the federal government for the state to prohibit the
release of sewage or sewage sludge from large passenger vessels,
sewage from oceangoing ships with sufficient holding tank capacity,
and sewage sludge from oceangoing ships, into the marine waters of
the state or to prohibit the release of sewage sludge from large
passenger vessels and oceangoing ships into marine sanctuaries, as
described in Section 72420. If the board determines that application
is necessary for either sewage or sewage sludge, or both, it shall
apply to the appropriate federal agencies, as determined by the
board, to authorize the state to prohibit the release of sewage or
sewage sludge, or both, as necessary, from large passenger vessels,
sewage from oceangoing ships with sufficient holding tank capacity,
and sewage sludge from oceangoing ships, into the marine waters of
the state and, if necessary, to authorize the state to prohibit the
release of sewage sludge from large passenger vessels and oceangoing
ships into marine sanctuaries.
(2) It is not the Legislature's intent to establish for the marine
waters of the state a no discharge zone for sewage from all vessels,
but only for a class of vessels.
(b) The board shall request the appropriate federal agencies, as
determined by the board, to prohibit the release of sewage sludge and
oily bilgewater, except under the circumstances specified in Section
72441, by large passenger vessels and oceangoing ships, in all of
the waters that are in the Channel Islands National Marine Sanctuary,
Cordell Bank National Marine Sanctuary, Gulf of the Farallones
National Marine Sanctuary, and Monterey Bay National Marine
Sanctuary, that are not in the state waters.
SEC. 9. Section 72441 of the Public Resources Code is amended to
read:
72441. (a) This division does not apply to either of the
following:
(1) A large passenger vessel or oceangoing ship that operates in
the marine waters of the state solely in innocent passage.
(2) Discharges made for the purpose of securing the safety of the
large passenger vessel or oceangoing ship or saving life at sea, if
reasonable precautions are taken for the purpose of preventing or
minimizing the discharge.
(b) For the purposes of this section, a large passenger vessel or
oceangoing ship is engaged in innocent passage if its operation in
the marine waters of the state would constitute innocent passage
under either the Convention on the Territorial Sea and Contiguous
Zone, dated April 29, 1958, or the United Nations Convention on the
Law of the Sea, dated December 10, 1982.