I 118th CONGRESS 2d Session H. R. 8726 IN THE HOUSE OF REPRESENTATIVES June 13, 2024 Mr. Carbajal (for himself and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Under Secretary of Commerce for Oceans and Atmosphere of the National Oceanic and Atmospheric Administration to establish a Blue Whales and Blue Skies Program to reduce air pollution and harmful underwater acoustic impacts and the risk of fatal vessel whale strikes by recognizing voluntary reductions in the speed of vessels transiting the western coast of the United States, and for other purposes.

1. Short title This Act may be cited as the Alan S. Lowenthal Blue Whales, Blue Skies Act . 2. Blue Whales and Blue Skies Program (a) In general Not later than 12 months after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere of the National Oceanic and Atmospheric Administration, in consultation with the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency, shall establish the Blue Whales and Blue Skies Program, to— (1) reduce air pollution, greenhouse gasses, harmful underwater acoustic impacts, and the risk of fatal whale strikes by encouraging voluntary reduction in the speed of eligible vessels transiting the Program area; and (2) annually award Blue Whales and Blue Skies Excellence Awards for verified successful participation in, and compliance with, the Program by eligible vessels. (b) Program requirements The Under Secretary shall— (1) model the Program after the Protecting Blue Whales and Blue Skies Vessel Speed Reduction Program, which is administered by the Air Pollution Control Districts of Santa Barbara, Ventura, San Luis Obispo, Monterey Bay Counties and the Bay Area Air Quality Management District, the Channel Islands, Monterey Bay, Cordell Bank, and Greater Farallones National Marine Sanctuaries, and the California Marine Sanctuary Foundation, the Environmental Defense Center (a nonprofit corporation established under the laws of the State of California as in effect on the date of the enactment of this Act), and the National Marine Sanctuary Foundation; and (2) develop the Program in consultation with the entities referred to in paragraph (1). (c) Annual awards (1) In general Under the Program, the Under Secretary shall annually award Blue Whales and Blue Skies Excellence Awards to owners of eligible vessels that have met the requirements during the preceding year. (2) Award conditions As a condition of an award under this subsection, each eligible vessel of the awardee shall, at a minimum transit the Program area at a speed of 10 knots or lower, or, in certain circumstances described by the Under Secretary in guidance established under the Program, below a different maximum speed. (d) Official logo The Under Secretary shall create an official logo to be recognized as the symbol of excellence in compliance with the Program. (e) Use of official logo Subject to any licencing requirements, the logo described in subsection (d) may be used by shipping companies with eligible vessels for which a Blue Whales and Blue Skies Excellence Award is awarded under this section, as long as the logo is displayed alongside— (1) the name of the shipping company; (2) the year for which such award was made; and (3) the percentage of distance traveled by a participating vessel at a reduced speed through the Program area by eligible vessels of the shipping company in such year that the shipping company was in compliance with the Program, calculated as the percentage of distance traveled by a vessel at 10 knots or lower through the Program area by all vessels of the shipping company in such year, excluding transits directed by the Coast Guard to proceed in excess of the speed requirements of the Program. (f) Extension of program No later than 4 years after the date of the enactment of this Act, the Under Secretary shall— (1) consider the feasibility of extending the program to encompass all shipping channels along the United States Pacific coast between Canada and Mexico; and (2) report the findings and recommendations under paragraph (1) to the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives, and to the Committee on Commerce, Science, and Transportation of the Senate. (g) Limitations Nothing in this section shall be construed— (1) to require participation in the Program; (2) to authorize appropriations for, or the provision of, any financial incentive for participation in the Program; or (3) to authorize any action that affects navigation safety. (h) Definitions In this section: (1) Eligible vessel The term eligible vessel means a vessel that is 300 gross tons or greater and has been approved by the Under Secretary to participate in the program. (2) Program The term Program means the Blue Whales and Blue Skies Program established under this section. (3) Program Area The term Program area — (A) means the marine area surrounding the western coast of the United States, as is designated by the Under Secretary for purposes of this section; and (B) includes, at a minimum, the geographic area identified in the existing Vessel Reduction Program described in subsection (b)(1).