reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 1 - General Provisions › Section 71202.

71202. This division does not apply to any of the following vessels:
(a) A vessel of the armed forces, as defined in paragraph (14) of subsection (a) of Section 1322 of Title 33 of the United States Code that is subject to the “Uniform National Discharge Standards for Vessels of the Armed Forces” pursuant to subsection (n) of Section 1322 of Title 33 of the United States Code.
(b) A vessel in innocent passage, which is a foreign vessel merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States, and that does not discharge ballast water into the waters of the state, or into waters that may impact waters of the state.
(Amended by Stats. 2003, Ch. 491, Sec. 5. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71203.

71203. (a) The master, operator, or person in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers.
(b) (1) The master, operator, or person in charge of a vessel is not required by this division to conduct a ballast water management practice, including exchange, if the master determines that the practice would threaten the safety of the vessel, its crew, or its passengers because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions.
(2) If a determination described in paragraph (1) is made, the master, operator, or person in charge of the vessel shall do all of the following:
(A) Take all feasible measures, based on the best available technologies economically achievable, that do not compromise the safety of the vessel to minimize the discharge of ballast water containing nonindigenous species into the waters of the state, or waters that may impact waters of the state.
(B) Include in the ballast water log for the vessel a description of how conducting a ballast water management practice would have risked the safety of the vessel, its crew, or its passengers consistent with the determination made pursuant to paragraph (1).
(C) Notify the commission of the determination at the earliest practicable time.
(D) Provide a copy of the description included in the ballast water log referenced in subparagraph (B) to the commission upon request.
(c) Nothing in this division relieves the master, operator, or person in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility.
(Amended by Stats. 2019, Ch. 443, Sec. 3. (AB 912) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71204.3.

71204.3. (a) The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b) Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations.
(c) Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices:
(1) Exchange the vessel’s ballast water in mid-ocean waters, before entering the coastal waters of the state.
(2) Retain all ballast water on board the vessel.
(3) (A) Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters.
(B) For purposes of this paragraph, “same location” means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded.
(4) Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species.
(5) Discharge the ballast water to a reception facility approved by the commission.
(6) Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request.
(Amended by Stats. 2015, Ch. 644, Sec. 3. (AB 1312) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71204.5.

71204.5. (a) On or before January 1, 2005, the commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port or place from a port or place within the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms.
(b) Subject to Section 71203, and commencing no later than July 1, 2005, the master, operator, or person in charge of a vessel arriving at a California port or place from a port or place within the Pacific Coast Region shall comply with these regulations.
(Added by Stats. 2003, Ch. 491, Sec. 10. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71204.6.

71204.6. On or before January 1, 2012, the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group consisting of interested persons, including, but not limited to, shipping, port, and environmental conservation representatives, shall develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place. The commission shall consider vessel design and voyage duration in developing the regulations. The regulations shall be based on the best available technology economically achievable, regularly reviewed and revised as appropriate, and shall be designed to protect the waters of the state.
(Amended by Stats. 2019, Ch. 443, Sec. 4. (AB 912) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71206.

71206. (a) The commission, in coordination with the United States Coast Guard, shall take samples of ballast water, sediment, and biofouling from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results.
(b) The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division.
(c) The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division.
(Amended by Stats. 2015, Ch. 644, Sec. 7. (AB 1312) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71207.

71207. (a) Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216.
(b) A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216).
(c) The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers.
(Amended by Stats. 2015, Ch. 644, Sec. 8. (AB 1312) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 2 - Ballast Water and Biofouling Management Requirements › Section 71210.

71210. (a) The commission, in consultation with the board, the United States Coast Guard, the United States Environmental Protection Agency, and a technical advisory group made up of interested persons, including, but not limited to, shipping and port representatives, shall sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling. The goal of this effort shall be the meaningful participation of the State of California in federal rulemaking actions and the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state or into waters that may impact coastal waters of the state. Whenever possible, the pilot programs shall include funding from federal grants and appropriations, vendor funding, and state bond funds, including, but not limited to, bond funds from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. Priority shall be given to projects to test and evaluate treatment technologies that can be used to prevent the introduction and spread of nonindigenous aquatic species into coastal waters of the state by ship-mediated vectors.
(b) (1) The commission shall provide biennial summaries to the Legislature and the public, beginning on or before January 31, 2005, of the results of the pilot programs conducted pursuant to this section. These summary reports shall include, but not be limited to, a description of the projects, the relative effectiveness of the technologies examined in minimizing the discharge of nonindigenous species, and the costs of implementing the technologies.
(2) The summary reports required by this subdivision shall be in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2019, Ch. 443, Sec. 8. (AB 912) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 3 - Research and Program Evaluation › Section 71211.

71211. (a) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall collect data necessary to establish and maintain an inventory of the location and geographic range of nonindigenous species populations in the coastal and estuarine waters of the state that includes open coastal waters and bays and estuaries. In particular, data shall be collected that does both of the following:
(A) Supplements the existing baseline of nonindigenous species previously developed pursuant to this section, by adding data from investigations of intertidal and nearshore subtidal habitats along the open coast.
(B) Monitors the coastal and estuarine waters of the state, including, but not limited to, habitats along the open coast, for new introductions of nonindigenous species or spread of existing nonindigenous species populations.
(2) Whenever possible, the study shall use appropriate, existing data, including data from previous studies made pursuant to this section. The Department of Fish and Wildlife shall make the inventory and accompanying analysis available to the public through the Internet on or before January 1, 2007, and annually shall provide to the public an update of that inventory.
(b) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall assess the effectiveness of the ballast water and biofouling controls implemented pursuant to this division by comparing the status and establishment of nonindigenous species populations, as determined from the data collected pursuant to subdivision (a), with the baseline data collected pursuant to this division and submitted in a report to the Legislature in 2003.
(2) Whenever possible, this research shall utilize appropriate, existing data.
(c) Information generated by the research conducted pursuant to this section shall be of the type and in a format useful for subsequent studies and reports undertaken for any of the following purposes:
(1) The determination of alternative discharge zones.
(2) The identification of environmentally sensitive areas to be avoided for uptake or discharge of ballast water.
(3) The long-term effectiveness of biofouling management and ballast water discharge control measures.
(4) The determination of potential risk zones where uptake or discharge of ballast water shall be prohibited.
(5) The rate and risk of establishment of nonindigenous species in the coastal waters of the state, and resulting impacts.
(Amended by Stats. 2018, Ch. 742, Sec. 24. (SB 1493) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 3 - Research and Program Evaluation › Section 71212.

71212. On or before January 31, 2005, and updated biennially, the commission, in consultation with the board, the Department of Fish and Wildlife, and the United States Coast Guard, shall submit to the Legislature, and make available to the public, a report that includes, but is not limited to, all of the following:
(a) A summary of the information provided in the ballast water discharge report forms submitted to the commission, including the volumes of ballast water exchanged, volumes discharged into state waters, types of ballast water treatment, and locations at which ballast water was loaded and discharged.
(b) Monitoring and inspection information collected by the commission pursuant to this division, including a summary of compliance rates, categorized by geographic area and other groupings as information allows.
(c) An analysis of the monitoring and inspection information, including recommendations for actions to be undertaken to improve the effectiveness of the monitoring and inspection program.
(d) An evaluation of the effectiveness of the measures taken to reduce or eliminate the discharge of nonindigenous species from vessels, including recommendations regarding action that should be taken to improve the effectiveness of those measures.
(e) A summary of the research completed during the two-year period that precedes the release of the report, and ongoing research, on the release of nonindigenous species by vessels.
(Amended by Stats. 2018, Ch. 742, Sec. 25. (SB 1493) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 3 - Research and Program Evaluation › Section 71213.

71213. (a) The commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, shall identify and conduct any other research determined necessary to carry out the requirements of this division. The research may relate to the transport and release of nonindigenous species by vessels, the methods of sampling and monitoring of the nonindigenous species transported or released by vessels, the rate or risk of release or establishment of nonindigenous species in the waters of the state and resulting impacts, and the means by which to reduce or eliminate a release or establishment. The research shall focus on assessing or developing methodologies for treating or otherwise managing ballast water and biofouling to reduce or eliminate the discharge or establishment of nonindigenous species.
(b) The commission may also take samples of ballast water, sediment, and biofouling from arriving vessels subject to this division for research purposes.
(Amended by Stats. 2019, Ch. 443, Sec. 9. (AB 912) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 4 - Marine Invasive Species Control Fund › Section 71215.

71215. (a) (1) The Marine Invasive Species Control Fund is hereby created. The money in the fund, upon appropriation by the Legislature, shall be used solely to carry out this division.
(2) All money accruing to the Exotic Species Control Fund shall be transferred to the Marine Invasive Species Control Fund.
(b) (1) The commission shall administer the fund in accordance with this chapter.
(2) The commission shall establish, through regulation, a reasonable and appropriate fee solely for the purposes of carrying out this division. The fee may not exceed one thousand dollars ($1,000) for each voyage, as described in subdivision (c). This amount may be adjusted for inflation every two years.
(3) In establishing fees, the commission shall consult with a technical advisory group made up of interested persons, including, but not limited to, shipping and port representatives.
(4) The commission may establish lower levels of fees and the maximum amount of fees for individual shipping companies or vessels. Any fee schedule established, including the level of fees and the maximum amount of fees, shall take into account the impact of the fees on vessels operating from California in the Hawaii or Alaska trades, the frequency of calls by particular vessels to California ports within a year, the ballast water and biofouling management practices of the vessels, and other relevant considerations.
(c) The California Department of Tax and Fee Administration, in accordance with Part 22.5 (commencing with Section 44000) of Division 2 of the Revenue and Taxation Code, shall collect the fee from the owner or operator of each vessel, or the vessel agent acting on behalf of the owner or operator, that arrives at a California port or place from a port or place outside of California. That fee may not be assessed on any vessel arriving at a California port or place if that vessel comes directly from another California port or place and during that transit has not first arrived at a port or place outside California or moved outside the exclusive economic zone (EEZ) prior to arrival at the subsequent California port or place.
(d) Notwithstanding any other provision of law, all fees imposed pursuant to this section shall be deposited into the Marine Invasive Species Control Fund.
(e) Notwithstanding any other provision of law, all penalties and payments collected for violations of any requirements of this division shall be deposited into the Marine Invasive Species Control Fund.
(Amended by Stats. 2021, Ch. 432, Sec. 8. (SB 824) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 5 - Civil and Criminal Penalties and Liability › Section 71217.

71217. A person who violates subdivision (c) of Section 71216 is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than one year.
(Added by Stats. 2003, Ch. 491, Sec. 26. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 36 - MARINE INVASIVE SPECIES ACT › CHAPTER 6 - Repeal › Section 71271.

71271. If a federal program and regulations similar to the program and regulations developed pursuant to this division are established and implemented, the commission shall submit a report to the Legislature within eight months of the implementation of the federal program. The report shall compare the federal program with the program described in this division and make a finding as to the federal program’s relative effectiveness in preventing the introduction of marine invasive species from vessels visiting California. The commission shall recommend repeal of the program described in this division only if it finds that the federal program is equally or more effective at implementing and funding effective controls on the release of aquatic invasive species into the waters of the state than the program described in this division.
(Amended by Stats. 2006, Ch. 292, Sec. 7. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 1 - Findings and Declarations › Section 71500.

71500. (a) The Legislature hereby finds and declares all of the following:
(1) The Pacific Ocean and its rich marine living resources are of great environmental, economic, aesthetic, recreational, educational, scientific, social, cultural, and historic importance to the people of California.
(2) California’s marine living resources depend on a healthy marine environment, which comprises open coastal waters as well as coastal estuaries, wetlands, rivers and streams, and lands within the coastal zone.
(3) Overfishing, coastal pollution, and other unsustainable marine activities have damaged marine fisheries, habitats, and ecosystems. Programs are needed to conserve, protect, restore, and enhance the marine resources of the state and to improve the environmental sustainability of marine-related activities and encourage those activities that are environmentally sustainable. These programs should be focused on, and coordinated with, efforts to reduce overfishing and coastal pollution and to support sustainable marine activities and improve the sustainability of all marine activities.
(4) The State of California recognizes the need to formulate its coastal and ocean resource management policies based on the best readily available scientific information and should utilize the University of California, the California State University, other institutions of higher learning, and marine science research institutions to the extent feasible to assist it in achieving that goal.
(5) The California Ocean Resources Management Act of 1990 is designed to ensure that the state’s ocean resources are managed, conserved, and enhanced in a comprehensive and coordinated manner. The California Ocean Protection Act furthered that mission by establishing the Ocean Protection Council, whose duties include coordination of state activities to protect coastal waters and ocean ecosystems, establishment of a science advisory team of distinguished scientists from a range of disciplines related to coastal and ocean resources, and contracting with the California Ocean Science Trust and other academic and nonprofit organizations to carry out scientific and educational activities consistent with that act.
(6) The ability of the state to carry out the mission of the California Ocean Protection Act is constrained by the availability of funds appropriated in the state budget.
(7) It is in the interest of the people of the state to establish an endowment, which would be independent of the state’s budget process and would impose no cost on the General Fund of the state, to provide a stable and ongoing source of funding in perpetuity to conserve, protect, restore, and enhance the marine resources of the state in a manner that is consistent with the California Ocean Protection Act.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011. Note: Section 71275 is located in Division 34, Part 3.8, which follows Section 71155. Sections 71300 through 71424 are located in Division 34, Parts 4 through 6.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 2 - Definitions › Section 71520.

71520. Unless the context requires otherwise, the following definitions govern the construction of this division:
(a) “Board” or “endowment board” means the Board of Directors of the California Endowment for Marine Preservation.
(b) “Endowment” means the California Endowment for Marine Preservation.
(c) “Exclusive economic zone (EEZ)” means the zone as measured from the mean high tide line seaward to 200 nautical miles as set forth in the Presidential Proclamation 5030 of March 10, 1983, in which the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline.
(d) “Nonprofit organization” means any nonprofit corporation qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code.
(e) “Open coastal marine resource” means those marine resources that use open coastal waters as their habitat.
(f) “Open coastal waters” means the area composed of the submerged lands of the state that are below the mean lower low water extending seaward to the boundaries of the exclusive economic zone.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 3 - Establishment and Governance › Section 71530.

71530. The California Endowment for Marine Preservation is hereby established. The endowment is subject to this division and to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). If there is a conflict between this division and the Nonprofit Public Benefit Corporation Law, this division shall prevail.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 3 - Establishment and Governance › Section 71531.

71531. The endowment is governed by the Board of Directors of the California Endowment for Marine Preservation, consisting of the following members:
(a) The Secretary of the Natural Resources Agency.
(b) The Secretary for Environmental Protection.
(c) One member of the public appointed by the Governor.
(d) One member, appointed by the Speaker of the Assembly, who shall be an expert in marine fisheries from the University of California, the California State University, or other accredited university.
(e) One member, appointed by the Senate Committee on Rules, who shall be from a nonprofit public interest organization with an emphasis on marine conservation or sustainable consumptive recreational activities.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 3 - Establishment and Governance › Section 71532.

71532. The term of office of each member of the board appointed pursuant to subdivisions (c) to (e), inclusive, of Section 71531 is six years. However, the term of office for the first board member appointed pursuant to subdivision (c) of Section 71531 is three years.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 3 - Establishment and Governance › Section 71533.

71533. Any vacancy on the board shall be filled by the appointing authority for the remainder of the unexpired term.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 3 - Establishment and Governance › Section 71534.

71534. (a) The board shall conduct its initial meeting as soon as possible after incorporation.
(b) The board shall meet as often as required, but at least twice per year.
(c) Members of the board shall attend at least 50 percent of all duly convened meetings of the board in a calendar year. A member who fails to attend at least 50 percent of all duly convened meetings of the board in a calendar year forfeits membership on the board. The vacancy shall be filled pursuant to Section 71533.
(d) Members of the board shall receive no salary but members appointed pursuant to subdivisions (c) to (e), inclusive, of Section 71531 shall be paid one hundred dollars ($100) per day for each meeting and shall be reimbursed for all necessary travel expenses.
(e) The Ocean Protection Council shall provide staff services that the endowment board needs to carry out its duties pursuant to this division.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 5 - Powers and Duties › Section 71550.

71550. (a) The members of the board first appointed shall serve as incorporators of the endowment and shall take whatever actions are necessary to establish the endowment pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) once a majority of the board is appointed.
(b) It is the intent of the Legislature that the endowment not be incorporated until the endowment board has received its initial notice of application from the Department of Fish and Game, pursuant to Section 6610 of the Fish and Game Code.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 5 - Powers and Duties › Section 71551.

71551. The California Endowment for Marine Preservation shall receive funds generated pursuant to the California Marine Resources Legacy Act (Article 2 (commencing with Section 6420) of Chapter 5 of Part 1 of Division 6 of the Fish and Game Code).
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 5 - Powers and Duties › Section 71553.

71553. Members of the board and appropriate staff shall be available to testify before appropriate committees of the Legislature.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 5 - Powers and Duties › Section 71554.

71554. The endowment shall not contribute to, or otherwise support, any political party, candidate for elective public office, or ballot measure.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 5 - Powers and Duties › Section 71555.

71555. The endowment may hire employees and may obtain legal counsel. No employee of the endowment is an employee of the State of California. No employee of the endowment is subject to Chapter 10.3 (commencing with Section 3512) of, or Chapter 10.5 (commencing with Section 3525) of, Division 4 of Title 1 of the Government Code. Employees of the endowment have the right to representation consistent with the federal National Labor Relations Act (29 U.S.C. Sec. 151 et seq.).
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 5 - Powers and Duties › Section 71556.

71556. The endowment shall coordinate its activities with the Department of Fish and Game, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Lands Commission, and appropriate federal agencies, including the National Marine Fisheries Service and the Minerals Management Service of the United States Department of the Interior. Nothing in this division limits the authority and responsibility of any of these agencies.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 6 - Financial Transactions and Audits › Section 71560.

71560. (a) The endowment may receive charitable contributions or any sources of income that may be lawfully received, including loans from the state.
(b) The endowment shall administer any funds it receives in accordance with this division.
(c) (1) Except as provided in paragraph (2), the endowment shall invest and manage any funds it receives so that the investments shall provide a source of income in perpetuity and the principal amount consisting of charitable contributions and donations, including cost savings donated pursuant to Section 6618 of the Fish and Game Code, shall not be spent. Any returns on investments made by the endowment are the only funds that shall be available for expenditure by the endowment.
(2) Ten percent of any funds received by the endowment pursuant to Section 6618 of the Fish and Game Code in a calendar year shall be allocated by the endowment board, pursuant to Section 71552, as grants for projects or programs consistent with the purpose of this chapter within 24 months of receipt of the funds. The majority of these funds shall be granted to state agencies engaged in coastal and ocean protection.
(d) The endowment shall invest and manage any funds it receives in accordance with the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(e) The accounts of the endowment shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants.
(f) The financial transactions of the endowment for any fiscal year may be audited by the California State Auditor’s Office.
(g) Each recipient of assistance by grant, contract, or loan pursuant to this division shall keep records reasonably necessary to disclose fully the amount of the assistance, the disposition of the assistance, the total cost of the project or undertaking in connection with which the assistance is given or used, the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and other records that will facilitate an effective audit. Each recipient of a fixed price contract awarded pursuant to competitive bidding procedures is exempt from this subdivision.
(h) The endowment, or its authorized representative, and the California State Auditor’s Office shall have access to any records necessary for the purpose of auditing and examining all funds received or expended by the recipients of assistance.
(Amended by Stats. 2012, Ch. 281, Sec. 41. (SB 1395) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 6 - Financial Transactions and Audits › Section 71561.

71561. The endowment funds shall be administered and managed in accordance with all of the following:
(a) Reasonably prudent investor standards that will give the fund the capacity to achieve reasonable rates of return on investment similar to those of other prudent investors for long-term investments.
(b) Use of generally accepted accounting practices, and expenditure and investing procedures.
(c) Investment policies that are consistent with the Uniform Prudent Investor Act (Article 2.5 (commencing with Section 16045) of Chapter 1 of Part 4 of Division 9 of the Probate Code), and with the Uniform Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code), as applicable.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 37 - CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION › CHAPTER 6 - Financial Transactions and Audits › Section 71562.

71562. Funds held by the endowment shall revert to the state or to another public agency or nonprofit organization approved by the state if the endowment does any of the following:
(a) Ceases operations.
(b) Is dissolved.
(c) Becomes bankrupt or insolvent.
(d) Fails to perform its fiduciary duties.
(Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 1 - Findings and Declarations › Section 72400.

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.
(Amended (as amended by Stats. 2004, Ch. 764, Sec. 1) by Stats. 2005, Ch. 588, Sec. 6. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 1 - Findings and Declarations › Section 72401.

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.
(Amended by Stats. 2012, Ch. 279, Sec. 1. (SB 1360) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 3 - Prohibited Releases › Section 72420.

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.
(Amended by Stats. 2012, Ch. 279, Sec. 3. (SB 1360) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 3 - Prohibited Releases › Section 72420.2.

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.
(Amended by Stats. 2012, Ch. 279, Sec. 5. (SB 1360) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 3 - Prohibited Releases › Section 72421.

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.
(Amended by Stats. 2012, Ch. 279, Sec. 6. (SB 1360) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 3 - Prohibited Releases › Section 72423.

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 the marine waters of the state.
(Amended by Stats. 2006, Ch. 292, Sec. 9. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 38 - CALIFORNIA CLEAN COAST ACT › CHAPTER 3 - Prohibited Releases › Section 72425.

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.
(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.
(Repealed and added by Stats. 2005, Ch. 588, Sec. 18. Effective January 1, 2006.)