Cal. PRC § 35641 — California Code / Code prc / Division 26.5 / Chapter 3.3 / Section 35641
Section 35641
Status: in_force

(a) The Legislature finds and declares that expansion of the Protecting Blue Whales and Blue Skies Program by local air pollution control districts and air quality management districts and stakeholders is a critical strategy in advancing protection of marine mammals through partnerships that also support the maritime industry and local public health.

(b) Subject to the availability of funding, the council shall participate, as a stakeholder and in an advisory capacity, in the Protecting Blue Whales and Blue Skies Program with air pollution control districts and air quality management districts along the coast and other stakeholders, including the federal Office of National Marine Sanctuaries, the United States Environmental Protection Agency, the United States Navy, the United States Coast Guard, and the maritime industry, to support, in an advisory capacity, coastal air districts in their efforts to implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts.

(c) Expansion of the existing Protecting Blue Whales and Blue Skies Program by local air pollution control districts and air quality management districts shall be a single unified program, and may include all of the following components developed in a manner that is consistent with how the program components were developed for the Protecting Blue Whales and Blue Skies Program:

(1) A marketing program to engage cargo owners and other commercial interests to promote voluntary vessel speed reduction and sustainable shipping, and an acknowledgment of the program’s participants.

(2) Data collection on ship speeds along the California coast in order to analyze the program for future refinement, expansion, or both.

(3) Data collection on underwater acoustic impacts or fatal vessel strikes on whales, to the extent data is available.

(4) Data collection on the regional air quality impacts on the coast and impacts to air quality in coastal disadvantaged communities from oceangoing vessel traffic, as collected and provided by the regional air pollution control districts and air quality management districts.

(5) Incentives to program participants based on a percentage of distance traveled by a participating vessel at a reduced speed, including speed zones at 10 knots or less, to the extent that local or federal funding is available.

(6) Development of vessel speed reduction zones along the coast that take into account navigational safety, protected marine mammal migration and breeding seasons, federal marine sanctuaries and state marine protected areas, shipping lanes, and any other relevant variables.

(7) Seasonality of the program.

(8) Description of covered vessels.

(d) The program shall supplement, work in conjunction with, and not preclude any other existing port-related vessel speed reduction programs.

(e) The program shall only apply to vessels that are 300 gross tons or greater.

(f) (1) On or before December 31, 2029, the participating air pollution control districts and air quality management districts shall submit a report to the Legislature regarding the implementation of the program.

(2) The report required in paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by paragraph (1) is inoperative on December 31, 2033.

(g) The program and each component of the program are based upon voluntary actions initiated by entities pursuant to this section and are not regulations as defined in Section 11342.600 of the Government Code, and shall not be implemented in a way that conflicts with federal law and regulations.