**Senate Bill No. 771**

**CHAPTER 588**

**An act to amend Sections 39630, 39631, and 39632 of, and to amend the heading of Chapter 3.3 (commencing with Section 39630) of Part 2 of**  **Division 26 of, the Health and Safety Code, and to amend Sections 72410, 72420, 72440, and 72441 of, to amend the heading of Division 38**  **(commencing with Section 72400) of, to amend and repeal Sections 72400 and 72430 of, to add Sections 72420.2, 72423, and 72440.1 to, to add and**  **repeal Sections 72401 and 72420.1 of, to repeal Division 39 (commencing with Section 72500) of, and to repeal and add Sections 72421 and 72425**  **to, the Public Resources Code, relating to vessels.**

**[Approved by**  **Governor October 6, 2005. Filed with** 

**Secretary of State October 6, 2005.]** 

**legislative counsel ’**  **s digest SB**  **771, Simitian** 

**. Oceangoing ships.**  **(1) Existing law prohibits a cruise ship, as defined, from conducting**  **onboard incineration while operating within 3 miles of the California**

**coast. This bill would also prohibit an oceangoing ship, as defined, from**  **conducting onboard incineration while operating within 3 miles of the**

**California coast. (2)**  **Existing law regulates the release of graywater, sewage sludge, oily bilgewater, hazardous waste, or other waste by large passenger vessels into**  **the marine waters of the state and marine sanctuaries. Existing law also regulates, until January 1, 2010, the release of sewage by large passenger** 

**vessels into the marine waters of the state. This bill would also regulate the release of graywater, sewage, sewage**  **sludge, oily bilgewater, hazardous waste, or other waste by oceangoing ships, as defined, into the marine waters of the state and marine** 

**sanctuaries. The bill would require the master, owner, operator, agent, or person in**  **charge of an oceangoing ship who has operated, or has caused to be operated, the oceangoing ship in the marine waters of the state during**  **2006, to provide certain information relating to ports of call and sewage, graywater, and blackwater discharge, in electronic or written form to the**  **State Lands Commission upon the vessel’s departure from its first port or place of call in California beginning in 2006. The bill would require the**  **commission to submit the reported information to the State Water Resources Control Board on or before February 1, 2007. The bill would**  **require the board to submit the reported information to the Legislature on or beforeOctober 1, 2007.** 

**91 This bill would also consolidate the provisions regulating the release of** 

**these substances from large passenger vessels and oceangoing ships.**

**The people of the State of California do enact as follows:**

**SECTION 1. This act shall be known and may be cited as the** 

**California Clean Coast Act**

**. SEC. 1.5.**  **The heading of Chapter 3.3 (commencing with Section 39630) of Part 2 of Division 26 of the**  **Health and Safety Code is amended** 

**to read:**

**Chapter 3.3.**  **Cruise Ships**  **and Oceangoing**  **Ships**

**SEC. 2. Section 39630 of the**  **Health and Safety Code is amended to** 

**read:**

**39630. The Legislature finds and declares that it is in the interests of**  **all Californians to protect the air quality from increasing volumes of cruise ship engine and oceangoing ship engine emissions.** 

**SEC. 3. Section 39631 of the**  **Health and Safety Code is amended to** 

**read:**

**39631. (a)**  **The state board shall enforce this chapter, and may adopt standards, rules, and regulations for that purpose pursuant to Section** 

**39601. (b)**  **As used in this division, “cruise ship” means a commercial vessel that has the capacity to carry 250 or more passengers for hire. “Cruise**  **ship” does not include the following: (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, United States, or a foreign government. (3)**  **Oceangoing ships, as defined in subdivision (c). (c)**  **As used in this division, “oceangoing ship” means a private, commercial, government, or military vessel of 300 gross registered tons or**  **more calling on California ports or places.**

**SEC. 4. Section 39632 of the**  **Health and Safety Code is amended to** 

**read:**

**39632. Commencing on January 1, 2005, a cruise ship, and**  **commencing on January 1, 2006, an oceangoing ship, shall not conduct onboard incineration while operating within three miles of the California**  **coast, to the extent allowed by federal law.**

**SEC. 5. The heading of Division 38 (commencing with Section 72400)** 

**of the Public Resources Code**  **is amended to read:**

**DIVISION 38.**  **CALIFORNIA CLEAN**  **COAST ACT** 

**91 —**  **2**

**— Ch.**  **588 SEC. 6.**  **Section 72400 of the Public Resources Code**  **, as amended by**

**Section 1 of Chapter 764 of the Statutes of 2004, is amended to read:**

**72400. The Legislature finds and declares both of the following:**  **(a) California is home to four of the 13 national marine sanctuaries.**  **These areas support some of the world’s most diverse marine ecosystems and are home to numerous mammals, seabirds, fish, invertebrates, and**  **plants. (b)**  **The protection and enhancement of the quality of the marine waters of the state and marine sanctuaries, and the protection of public health and**  **the environment, requires that the release from large passenger vessels and oceangoing ships of hazardous waste, other waste, sewage sludge, and oily**  **bilgewater, into the marine waters of the state and marine sanctuaries, and the release of graywater by large passenger ships into the marine waters of**  **the state, should be prohibited.**

**SEC. 7. Section 72400 of the**  **Public Resources Code , as added by**  **Chapter 764 of the Statutes of 2004, is repealed.**

**SEC. 8. Section 72401 is added to the**  **Public Resources Code , to read:** 

**72401. (a)**  **The Legislature finds and declares that the protection and enhancement of the quality of the marine waters of the state requires that**  **the release of sewage from large passenger vessels, and the release of sewage and graywater from oceangoing ships with sufficient holding tank**  **capacity, into the marine waters of the state should be prohibited. (b)**  **The Legislature intends to request the Congress of the United States to amend the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251**  **and following) to provide California with authority similar to that granted to the State of Alaska by Public Law 106-554, to regulate the release of**  **sewage from large passenger vessels and oceangoing ships in the marine**

**waters of the state. (c)**  **This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before**  **January 1, 2010, deletes or extends that date.**

**SEC. 9. 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.**

**91 Ch.**  **588**

**— 3** 

**— (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 “coastal waters” as defined in** 

**Section 13181 of the Water Code. (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. 10. 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 may not release, or permit**  **anyone to release, any sewage sludge from the vessel into the marine waters of the state or a marine sanctuary.** 

**91 —**  **4**

**— Ch.**  **588 (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 may not release, or permit anyone to**  **release, any sewage from the vessel into the marine waters of the state.**

**SEC. 11. Section 72420.1 is added to the**  **Public Resources Code , to** 

**read:**

**72420.1. (a)**  **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 may not release, or permit anyone to release, any sewage**

**from the vessel into the marine waters of the state. (b)**  **This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before**  **January 1, 2010, deletes or extends that date.**

**SEC. 12. Section 72420.2 is added to the**  **Public Resources Code , 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. (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.** 

**SEC. 13. Section 72421 of the**  **Public Resources Code , as amended by**  **Section 3 of Chapter 764 of the Statutes of 2004, is repealed.**

**SEC. 14. Section 72421 of the**  **Public Resources Code , as added by**  **Section 4 of Chapter 764 of the Statutes of 2004, is repealed.**

**SEC. 15. Section 72421 is added to the**  **Public Resources Code , to** 

**read:**

**72421. (a)**  **The owner or operator shall immediately, but no later than 24 hours after a release, notify the board of any of the following:**  **(1) A large passenger vessel release of graywater into the marine waters** 

**of the state. (2)**  **Until January 1, 2010, a large passenger vessel release of sewage into the marine waters of the state or a marine sanctuary.**  **(3) A large passenger vessel or ocean going 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.**

**91 Ch.**  **588**

**— 5** 

**— (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 of the release. (4)**  **Volume of the release. (5)**  **Source of the release. (6)**  **Remedial action taken to prevent future releases.**

**SEC. 16. Section 72423 is added to the**  **Public Resources Code , to** 

**read:**

**72423. An oceangoing ship with sufficient holding tank capacity and**  **capability for transfer shall either hold on board or shall transfer sewage and graywater to a pumpout facility, if that facility is available and**  **accessible for the oceangoing ship where the ship is docked, and shall not discharge sewage or graywater within California’s waters.** 

**SEC. 17. Section 72425 of the**  **Public Resources Code is repealed.** 

**SEC. 18. Section 72425 is added to the**  **Public Resources Code , to** 

**read:**

**72425. (a)**  **(1) If the master, owner, operator, agent, or person in**  **charge of an oceangoing ship has operated, or has caused to be operated, the oceangoing ship in the marine waters of the state during 2006, that**  **master, owner, operator, agent, or person in charge shall provide the information described in subdivision (b) in electronic or written form to**  **the commission upon the vessel’s departure from its first port or place of call in California beginning in 2006.**  **(2) The information described in subdivision (b) shall be submitted on**  **a form developed by the commission. (b)**  **The master, owner, operator, or person in charge of the oceangoing vessel shall maintain on board the vessel, in written or electronic form,**  **records that include all of the following information: (1)**  **Vessel information, including all of the following: (A)**  **Name. (B)**  **International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.**  **(C) Vessel type.**  **(D) Owner or operator.**  **(E) Gross tonnage.**  **(F) Keel laid date.**  **(G) Port of registry.**  **(H) Typical or required number of crew.**  **(2) Graywater information, including the vessel’s ability to store**  **graywater while in California waters and size and capacity of any graywater holding tanks, as measured in metric tons.**  **(3) Blackwater information, including the vessel’s ability to store**  **blackwater while in California waters and size and capacity of any blackwater holding tanks, as measured in metric tons.** 

**91 —**  **6**

**— Ch.**  **588 (4)**  **Marine sanitation devices information, including number, size, and**

**nature of devices on the vessel treating sewage prior to discharge. (5)**  **Connections to ensure transfer of sewage and graywater to pumpout**

**facilities. (6)**  **California port of call information, including expected number of calls, in days, in ports within the state during 2006.**  **(7) Certification of accurate information, including the printed name,**  **title, and signature of the master, owner, operator, or person in charge, or responsible officer attesting to the accuracy of the information provided.**  **(c) The commission shall submit the reported information to the board**  **on or before February 1, 2007. The board shall submit the reported information to the Legislature on or before October 1, 2007. The board**  **may submit the report to the Legislature in an electronic form.**

**SEC. 19. Section 72430 of the**  **Public Resources Code , as amended by**  **Section 6 of Chapter 764 of the Statutes of 2004, is amended to read:**

**72430. (a)**  **A person who violates Section 72420 or 72420.2, or until January 1, 2010, Section 72420.1, 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.**

**91 Ch.**  **588**

**— 7** 

**— SEC. 20.**  **Section 72430 of the Public Resources Code**  **, as added by**

**Section 7 of Chapter 764 of the Statutes of 2004, is repealed.**

**SEC. 21. Section 72440 of the**  **Public Resources Code , as amended by**  **Section 8 of Chapter 764 of the Statutes of 2004, 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, and oceangoing**  **ships with sufficient holding tank capacity, 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 subdivision (a) of Section 72420, subdivision (a) of Section 72420.1, and**  **Section 72420.2. 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, and oceangoing ships with sufficient holding tank capacity, 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. (c)**  **This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute, that is enacted before**  **January 1, 2010, deletes or extends that date.**

**SEC. 22. Section 72440.1 is added to the**  **Public Resources Code , to** 

**read:**

**72440.1. The board shall request the appropriate federal agencies, as**  **determined by the board, to prohibit the release of waste by large passenger vessels or oceangoing ships in all of the waters 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; and, request, if necessary, approval of the state’s prohibition of the release of waste in the marine** 

**sanctuaries.**

**SEC. 23. 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.** 

**91 —**  **8**

**— Ch.**  **588 (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 vessel is engaged in innocent passage if its operation in state waters 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.**

**SEC. 24. Division 39 (commencing with Section 72500) of the**  **Public**

**Resources Code is repealed.** 

**O**

**91 Ch.**  **588**

**— 9** 

**—**