California Legislature News

California’s maritime sector is essential to America’s role in the global economy and to the supply chain. Yet, a mandate from the California Air Resources Board (CARB) has cast a shadow over the safety and efficiency of this sector, which will have far-reaching effects on the nation.While CARB’s intentions to bolster air quality are commendable, and California’s maritime industry has a proven track record of working to lower emissions, the hasty directive for tugboat operators…

Vessel operators calling at California ports are reminded of the state’s new biofouling management regulations and reporting requirements under its Marine Invasive Species Program 2018, said GARD. The state of California is known for its enforcement of stringent environmental regulations. In addition to complying with stricter air emission requirements under the California Ocean-going Vessel (OGV) Fuel Regulation, vessels calling at California ports must also comply with regulations for ballast water discharges and biofouling enforced under the state’s Marine Invasive Species Program. The California MISP is designed to prevent, and eventually eliminate, the introduction of non-indigenous species into State waters and is administered by the California State Lands Commission (SLC).

California State Lands Commission has passed Senate Bill (SB) 814, which will become effective on January 1, 2014. Among its provisions, SB 814 amends Public Resources Code section 71205.3 and delays implementation of the interim performance standards for two years. NB: this delay does not apply to the implementation of the final discharge standard of zero detectable living organisms for all size classes by January 1, 2020. On June 21, 2013, the California State Lands Commission approved a report to the California Legislature recommending a delay in the implementation of California's interim performance standards for the discharge of ballast water. The recommendation was based on the lack of advisable treatment technologies to comply with all of California's standards.

The California State Lands Commission's (SLC) report '2013 Assessment of the Efficacy, Availability, and Environmental Impacts of Ballast Water Treatment Systems for Use in California Waters' concludes that no shipboard ballast water treatment systems are currently available to meet all of California’s performance standards for the discharge of ballast water. Commission staff reviewed 75 shipboard ballast water treatment systems for this analysis, however, significant limitations in the existing data hamper the ability of Commission staff to determine if shipboard ballast water treatment systems are available to meet California’s performance standards.

According to a report from PennEnergy.com, California’s legislature might vote later this week to authorize the first new oil activity off Santa Barbara in 40 years as a way to help resolve the state’s budget crisis. The proposal reportedly was part of an agreement Gov. Arnold Schwarzenegger reached on July 20 with majority and minority leaders of the state’s senate and assembly to eliminate California’s $26.3b budget deficit. It includes some $15.5b in cuts, defers other costs, and takes funds from cities and counties, several news reports said. (Source: PennEnergy.com)

Legislation has been favorably reported out of the Senate Committee in Commerce, Science, and Transportation that would, if enacted, constitute the first official steps by the federal government to come to grips with biofouling of the hulls of ships. The Ballast Water Management Act of 2007 (S. 1578) would, among other things, require the U.S. Coast Guard to conduct a study of vessel-borne vectors (other than ballast water and sediment), specifically including vessel hulls, anchors, and equipment.

The San Francisco Bay Area Water Transit Authority (WTA), a regional transit agency, announced that Governor Davis signed Senate Bill (SB) 915 (D-Perata, Oakland) giving the WTA the green light to develop seven new Bay Area ferry routes, expand existing ferry routes, and build 31 new boats. The new law, signed on October 10, 2003, makes the WTA a permanent transit agency. The WTA is authorized to operate a comprehensive San Francisco Bay area regional public water transit system. “We are on the brink of a new and exciting future for ferries on San Francisco Bay. The State’s approval is a significant step towards delivering more boats, new routes and good landside connections,” said Charlene Haught Johnson, President, WTA Board of Directors. “We thank the Governor and Legislature.

Following up on yesterday’s item regarding the report of the California State Lands Commission (SLC) on Performance Standards for Ballast Water Discharges in California Waters, I have been advised that the SLC staff submitted the report to the Commission, but that the Commission has deferred action until their next scheduled meeting in February 2006. Following approval by the Commission, the report will be forwarded to the California Legislature for consideration. It is currently unclear whether the SLC will be directed to develop regulations in accordance with the report or whether the Legislature will take direct action. Source: HK Law