reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 3.6 - Operation Manual & Emergency Planning › Section 2171 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Commission"
				  means the California State Lands Commission.
(b) "Staff" means the Executive Officer or
				  other duly authorized member of the staff of the State Lands
				  Commission.
(c) "Oil" means any
				  kind of petroleum, liquid, hydrocarbons, or petroleum products or any fraction
				  or residues therefrom, including, but not limited to, crude oil, bunker fuel,
				  gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with
				  waste, and liquid distillates from unprocessed natural gas.
(d) "Spill" or "discharge" means any release
				  or discharge of oil or other refuse of any kind from any well or facility into
				  marine waters not authorized by any federal, state, or local government
				  entity.
(e) "Marine waters" means
				  those waters subject to tidal influence, except for waters in the
				  Sacramento-San Joaquin Rivers and Delta upstream from a line running north and
				  south through the point where Contra Costa, Sacramento, and Solano Counties
				  meet.
1. New
					 section filed 9-8-93; operative 10-8-93 (Register 93, No.
					 37).
Note: Authority cited: Sections
						6103,
						6108,
						6216,
						6301,
						6873,
						8755,
						8756,
						and
						8758,
						Public Resources Code. Reference: Sections
						6005,
						6216,
						6871,
						6871.1,
						6873,
						8755,
						8756
						and
						8758,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 3.6 - Operation Manual & Emergency Planning › Section 2172 - Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Staff shall administer this Article 3.6 and shall
					 thereby seek to provide for the prevention and elimination of any contamination
					 or pollution of the ocean and tidelands, and marine waters for the prevention
					 of waste, for the conservation of natural resources, and for the protection of
					 human health and safety, and the environment.
1. New
					 section filed 9-8-93; operative 10-8-93 (Register 93, No.
					 37).
Note: Authority cited: Sections
						6103,
						6108,
						6216,
						6301,
						6873,
						8755,
						8756,
						and
						8758,
						Public Resources Code. Reference: Sections
						6005,
						6216,
						6871,
						6871.1,
						6873,
						8755,
						8756
						and
						8758,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 3.6 - Operation Manual & Emergency Planning › Section 2173 - General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each operator of a marine facility shall prepare an operations manual
				  describing equipment and procedures which the operator employs or will employ
				  to protect the public health and safety and the environment and to prevent oil
				  spills.
(b) The operation manual
				  shall demonstrate compliance with all applicable marine facility operating
				  rules and regulations of the State Lands Commission and the lease terms (if
				  applicable).
(c) Copies of the
				  manual shall be available and accessible to every employee at the field
				  facility and at the next supervising level location. Two current approved
				  copies shall be filed with the State Lands Commission Mineral Resources
				  Management Division Staff.
1. New
					 section filed 9-8-93; operative 10-8-93 (Register 93, No.
					 37).
Note: Authority cited: Sections
						6108,
						6216,
						8755,
						and
						8758,
						Public Resources Code. Reference: Sections
						6108,
						6216,
						6873(b),
						8755
						and
						8758,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 3.6 - Operation Manual & Emergency Planning › Section 2174 - Manual Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Submission of Manual.
(1) The operations
				  manual for any existing facility shall be submitted to Staff for review and
				  approval within one year of the effective date of these regulations.
(2) For any facilities not presently is
				  existence, and operations manual shall be submitted to Staff for review and
				  approval as part of the application for approval of the facility.
(3) Staff shall review and respond to the
				  operator within 90 days after a complete application for review has been
				  submitted and acknowledged.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4 - Leases and Prospecting Permits for Minerals Other than Oil and Gas › Section 2200 - Character and Extent of Lands

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Lands subject to lease include:
(1) Those containing known deposits of
				  minerals;
(2) Those embraced in a
				  prospecting permit not subject to preferential lease.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4 - Leases and Prospecting Permits for Minerals Other than Oil and Gas › Section 2201 - Duration of Leases and Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Leases (both preferential and bid) may be
				  issued for a term of 20 years, with option of renewal for successive periods of
				  10 years upon such terms and conditions as may be prescribed by the commission
				  at the time of renewal.
(b)
				  Prospecting permits are limited to a period not exceeding two years, extendable
				  for a period of an additional one year at the discretion of the
				  commission.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4 - Leases and Prospecting Permits for Minerals Other than Oil and Gas › Section 2202 - Prospecting Permit Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications. Any person desiring to
				  apply for a prospecting permit on any land under the jurisdiction of the
				  commission, shall file with the Mineral Resources Management Division, 301 East
				  Ocean Boulevard, Suite 550, Long Beach, California 90802, a written application
				  containing:
(1) Name, address, and status of
				  citizenship of applicant; if applicant is a corporation, the corporate name and
				  name of president, secretary, and officer authorized to execute contracts and
				  leases.
(2) A description of the
				  state lands involved.
(3) A
				  statement of the use proposed.
(4)
				  A statement of the character and use of adjoining lands.
(5) A statement of the nature of the deposits
				  proposed to be developed.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4 - Leases and Prospecting Permits for Minerals Other than Oil and Gas › Section 2203 - Preferential Lease Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time during the life of a permit,
				  the permittee may apply for a preferential lease upon discovery of a
				  commercially valuable deposit of minerals within the permit area.
(b) An application under this section shall
				  contain, in addition to the data required in Section
				  2202(a), an
				  affidavit of some responsible person having knowledge of the facts averring
				  that a commercially valuable mineral deposit has been discovered within the
				  permit area.
(c) No lease shall be
				  issued for unsurveyed lands. Upon request of the applicant, accompanied by a
				  deposit of an amount sufficient to cover the costs of a survey, surveying
				  services will be rendered by the Division of State Lands.
(d) Upon determination by the Division of
				  State Lands that a commercially valuable mineral deposit has been discovered
				  and that the applicant is entitled to a preferential lease, the commission may,
				  subject to the payment of the rental for the first year, authorize the
				  execution and delivery of an appropriate lease.
1. Amendment
					 filed 8-17-55 as an emergency; designated effective 9-7-55 (Register 55, No.
					 12).
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4 - Leases and Prospecting Permits for Minerals Other than Oil and Gas › Section 2204 - Procedures for Nonpreferential Leases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Lands known to contain commercially valuable deposits of
					 minerals not subject to a preferential lease under a prospecting permit, may be
					 leased pursuant to a published notice of intention to receive bids. (See
					 Section 1908). The minimum expense deposit
					 required shall be determined by the Commission under the provisions of Section
					 1903.2.
1. Amendment
					 filed 4-10-69; effective thirtieth day thereafter (Register 69, No.
					 15).
2. Amendment filed 2-2-77; designated effective 3-1-77
					 (Register 77, No. 6).
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4 - Leases and Prospecting Permits for Minerals Other than Oil and Gas › Section 2205 - Statements and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On or before the fifteenth day of each month, a lessee or
					 permittee shall deliver to the Division of State Lands statements in the form
					 prescribed, showing the work performed upon the leased or permitted area and
					 the amount, quality, and value of all minerals produced, shipped or sold during
					 the preceding calendar month. Longer intervals for such reports may be
					 authorized but such authorization shall be granted only in writing and may be
					 revoked or changed at any time upon written notice to the lessee or
					 permittee.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.1 - Leases for Exploration and Development of Geothermal Resources › Section 2249 - Competitive Lease Sales

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon nomination, the Commission may designate State lands
					 for lease by competitive bidding to the highest responsible qualified bidder.
					 Such nominations may be made by holders of exploration permits or any other
					 party qualified to hold a lease, pursuant to Public Resources Code Section
					 6801.
					 Any State lands may be nominated and designated for competitive lease sale;
					 provided that lands included within a valid and effective prospecting permit
					 may be nominated and designated but may not be leased prior to the termination
					 of that permit.
1. Repealer
					 of Article 4.1 (Sections
					 2248-2267) and new Article 4.1
					 (Sections 2249 and
					 2250) filed 11-5-82; effective
					 thirtieth day thereafter (Register 82, No. 45). For prior history, see
					 Registers 81, No. 15 and 79, No. 28.
Note: Authority cited: Section
						6108,
						Public Resources Code. Reference: Sections
						6910
						and
						6911,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.1 - Leases for Exploration and Development of Geothermal Resources › Section 2250 - Surface Owner Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a competitive bid has been held for lands described in
					 subdivision (a) of Public Resources Code Section
					 6912,
					 and the Commission has determined the highest qualified bid, the Commission
					 shall notify the surface owner of such bid. The notice shall be deemed to be
					 effective when received by the surface owner or five days after being sent,
					 whichever occurs first.
Note: Authority cited: Section
						6108,
						Public Resources Code. Reference: Sections
						6911
						and
						6912(b),
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.5 - Marine Invasive Species Control Fund Fee › Section 2270 - Marine Invasive Species Control Act; Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article, the following definitions
					 apply.
(a) "Voyage" means any transit
				  by a vessel destined for a California port from a port outside of the coastal
				  waters of the state.
(b) "Waters of
				  the state" means any surface waters, including saline waters, that are within
				  the boundaries of the state.
1. New
					 article 4.5 (sections
					 2270-2271) and section filed
					 12-28-99 as an emergency; operative 1-1-2000 (Register 99, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 5-1-2000 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New article 4.5 (sections
					 2270-2271) and section refiled
					 3-6-2000 as an emergency; operative 4-30-2000 (Register 2000, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 8-28-2000 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 3-6-2000 order transmitted
					 to OAL 7-10-2000 and filed 8-15-2000 (Register 2000, No. 33).
4.
					 Amendment of article heading, section heading, section and NOTE filed 1-15-2004
					 as an emergency; operative 2-1-2004 (Register 2004, No. 3). A Certificate of
					 Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be
					 repealed by operation of law on the following day.
5. Certificate of
					 Compliance as to 1-15-2004 order transmitted to OAL 4-21-2004 and filed
					 6-3-2004 (Register 2004, No. 23).
6. Amendment of NOTE filed
					 9-17-2009; operative 11-1-2009 (Register 2009, No. 38).
7. Amendment
					 of subsection (a) and NOTE filed 2-28-2017; operative 4-1-2017 (Register 2017,
					 No. 9).
Note: Authority cited: Section
						71215(b),
						Public Resources Code. Reference: Sections
						71200(o),
						71200(r)
						and
						71215,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.5 - Marine Invasive Species Control Fund Fee › Section 2271 - Fee Schedule for Marine Invasive Species Control Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Fee required under Public Resources
				  Code Section
				  71215
				  is one thousand dollars ($1,000) per vessel voyage.
(b) 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 the 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 practices of the vessels, and other relevant considerations.
(c) The fee shall be collected from the owner
				  or operator of each vessel 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 EEZ prior to arrival
				  at the subsequent California port or place.
(d)
(1) The
				  Executive Officer of the California State Lands Commission shall invite
				  representatives of persons and entities who must pay the fee required under
				  Public Resource Code Section
				  71215 to participate in a technical
				  advisory group to make recommendations regarding the amount of the fee, taking
				  into account the provisions of Public Resources Code Sections
				  71200
				  through
				  71216.
(2) The technical advisory group shall meet
				  on a regular basis after July 1, 2000, as determined by the
				  group.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.6 - Ballast Water Regulations for Vessels Arriving at California Ports or Places After Departing from Ports or Places Within the Pacific Coast Region › Section 2280 - Purpose, Applicability, and Date of Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of the regulations in Title
				  2, Division 3, Chapter 1, Article 4.6 of the California Code of Regulations is
				  to move the state expeditiously toward elimination of the discharge of
				  nonindigenous species into the waters of the state or into waters that may
				  impact the waters of the state, based on the best available technology
				  economically achievable.
(b) The
				  provisions of Article 4.6 apply to all vessels arriving at a California port or
				  place carrying ballast water from another port or place within the Pacific
				  Coast Region. For the purposes of Article 4.6 all ports and places in the San
				  Francisco Bay area east of the Golden Gate bridge including the Ports of
				  Stockton and Sacramento, shall be construed as the same California port or
				  place; and the Ports of Los Angeles, Long Beach and the El Segundo marine
				  terminal shall be construed as the same California port or place.
(c) The provisions of Article 4.6 do not
				  apply to vessels that arrive at a California port or place after departing from
				  ports or places outside of the Pacific Coast Region.
(d) The provisions of these regulations
				  become effective 180 days after they have been filed with the Secretary of
				  State.
1. New
					 article 4.6 (sections
					 2280-2284) and section filed
					 9-23-2005; operative 3-22-2006 (Register 2005, No.
					 38).
Note: Authority cited: Sections
						71201.7
						and
						71204.5,
						Public Resources Code. Reference: Sections
						71201
						and
						71204.5,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.6 - Ballast Water Regulations for Vessels Arriving at California Ports or Places After Departing from Ports or Places Within the Pacific Coast Region › Section 2281 - Safety of Ballasting Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 provision 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
				  subsection (b)(1) is made, the master, operator, or person in charge of the
				  vessel shall 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 the waters of
				  the state.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.6 - Ballast Water Regulations for Vessels Arriving at California Ports or Places After Departing from Ports or Places Within the Pacific Coast Region › Section 2282 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, the following
					 definitions shall govern the construction of this Article:
(a) "Coastal waters" means estuarine and
				  ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560
				  feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably
				  connected to the ocean.
(b)
				  "Commission" means the California State Lands Commission.
(c) "Exchange" means to replace the water in
				  a ballast tank using either of the following methods:
(1) "Flow through exchange," which means to
				  flush out ballast water by pumping three full volumes of near-coastal water
				  through the tank, continuously displacing water from the tank, to minimize the
				  number of original coastal organisms remaining in the tank.
(2) "Empty/refill exchange," which means to
				  pump out, until the tank is empty or as close to 100 percent empty as is safe
				  to do so, the ballast water taken on in ports, or estuarine or territorial
				  waters, then to refill the tank with near-coastal waters.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.6 - Ballast Water Regulations for Vessels Arriving at California Ports or Places After Departing from Ports or Places Within the Pacific Coast Region › Section 2283 - Alternatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petitions for
				  Alternatives.
(1) Any person subject to these
				  regulations may submit a petition to the Commission for alternatives to the
				  requirements of Article 4.6 as applied to the petitioner.
(2) All petitions for alternatives must be
				  submitted in writing. A petition may be in any form, but it must contain all
				  data and information necessary to evaluate its merits in order to fulfill the
				  purposes of these regulations.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.6 - Ballast Water Regulations for Vessels Arriving at California Ports or Places After Departing from Ports or Places Within the Pacific Coast Region › Section 2284 - Ballast Water Management Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The master, operator, or person in charge
				  of a vessel that arrives at a California port or place from another port or
				  place within the Pacific Coast Region shall employ at least one of the
				  following ballast water management practices:
(1) Exchange the vessel's ballast water in
				  near-coastal waters, before entering the waters of the state, if that ballast
				  water has been taken on in a port or place within the Pacific Coast
				  region.
(2) Retain all ballast
				  water on board the vessel.
(3) 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.
(4) Discharge the ballast water to a
				  reception facility approved by the commission.
(5) Under extraordinary circumstances where
				  compliance with subsections (a)(1) through (a)(4) of this section is not
				  practicable, 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.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2291 - Purpose, Applicability, and Date of Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of the regulations in Title
				  2, Division 3, Chapter 1, Article 4.7 of the California Code of Regulations is
				  to move the state expeditiously toward elimination of the discharge of
				  nonindigenous species into the waters of the state or into waters that may
				  impact the waters of the state, based on the best available technology
				  economically achievable.
(b) The
				  provisions of Article 4.7 apply to all vessels, 300 gross registered tons or
				  more, carrying, or capable of carrying ballast water, except those that are
				  exempt under Section
				  71202,
				  Public Resources Code.
1. New
					 article 4.7 (sections
					 2291-2296) and section filed
					 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).
2. Repealer
					 of subsection (c) and amendment of NOTE filed 10-1-2009; operative 10-31-2009
					 (Register 2009, No. 40).
3. Amendment of article heading, subsection
					 (b) and NOTE filed 10-14-2021; operative 1-1-2022 (Register 2021, No. 42).
					 Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						71201.7,
						71202
						and
						71205.3,
						Public Resources Code. Reference: Sections
						71201,
						71201.7,
						71202
						and
						71205.3,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2293 - Performance Standards for Ballast Water Discharges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions under this Section apply only to vessels
					 that discharge ballast water in California waters.
(a) Federal Performance Standards for Ballast
				  Water Discharges.
(1) Notwithstanding section
				  2296, the owner or operator of a
				  vessel shall not discharge ballast water in California waters unless the
				  ballast water discharge performance standards set forth in Section
				  151.2030(a) of
				  Title 33 of the Code of Federal Regulations, or as that regulation may be
				  amended, are met.
(2) The
				  performance standards in Section
				  2293, subdivision (a)(1), must be
				  met according to the implementation schedule in Section
				  151.2035(b) of
				  Title 33 of the Code of Federal Regulations, or as that regulation may be
				  amended, unless either of the follow conditions are met:
(A) The owner or operator of a vessel has
				  been granted an extension to the vessel's compliance date by the United States
				  Coast Guard pursuant to Section
				  151.2036 of Title 33 of the Code
				  of Federal Regulations, or as that regulation may be amended; or
(B) The vessel is using water from a Public
				  Water System as ballast water pursuant to Section
				  2296.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2294 - Collection and Analysis of Ballast Water and Sediment Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In accordance with the inspection mandate under Public
					 Resources Code section
					 71206,
					 subdivision (a), the Commission shall collect and analyze ballast water and
					 sediment samples from vessels that discharge in California waters, in
					 accordance with the following provisions:
(a) Collection and Analysis of Samples for
				  Compliance Assessment
(1) The Commission shall
				  collect ballast water samples to assess compliance of ballast water discharges
				  with the performance standards set forth in Section
				  2293.
(2) To facilitate the Commission's collection
				  of ballast water samples for compliance assessment, the Commission shall be
				  provided access to all sampling ports unless access is restricted due to safety
				  concerns.
(3) Compliance assessment
				  shall be performed in two steps:
(A) An
				  indicative analysis of a ballast water discharge sample shall be performed
				  prior to detailed analysis to establish whether the ballast water discharge is
				  potentially non-compliant with the applicable ballast water discharge
				  performance standards.
(B) If
				  non-compliance is suspected, a detailed analysis shall be performed to
				  determine if the ballast water meets the applicable ballast water discharge
				  performance standards.
(4) All methods used to analyze any ballast
				  water discharge sample for compliance with the performance standards in Section
				  2293 shall follow scientifically
				  reliable and verifiable quality assurance and quality control
				  procedures.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2295 - Monitoring, Calibration, and Functionality of Shipboard Ballast Water Treatment Systems

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The master, owner, operator, or person in charge of a
					 vessel using a ballast water treatment system approved by the United States
					 Coast Guard or designated as an "Alternate Management System" by the United
					 States Coast Guard to comply with the performance standards in Section
					 2293 shall not discharge ballast
					 water from a vessel in California waters unless:
(a) The system must be operated in accordance
				  with the System Design Limitations stipulated by the manufacturer or set forth
				  in the United States Coast Guard approval certification or the "Alternate
				  Management System" acceptance letter.
(b) The operational parameters of the
				  equipment have been monitored no less frequently than is recommended by the
				  manufacturer.
(c) All the
				  applicable sensors and other ballast water treatment system control equipment
				  have been calibrated no less frequently than recommended by the
				  manufacturer.
1. New
					 section filed 10-15-2007; operative 1-1-2008 (Register 2007, No.
					 42).
2. Repealer and new section filed 10-14-2021; operative
					 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						71201.7,
						71204.3
						and
						71204.5,
						Public Resources Code. Reference: Sections
						71204.3
						and
						71204.5,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2296 - Alternative Ballast Water Management Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To comply with the performance standards in Section
					 2293, the master, owner, operator,
					 or person in charge of a vessel may use water from a Public Water System as an
					 alternative ballast water management method if they:
(a) Exclusively use water from a Public Water
				  System for ballast.
(b) Maintain a
				  record of which Public Water System the water was received from, including any
				  receipt, invoice, or other documentation from the Public Water System
				  indicating that water came from that system.
(c) Either clean the ballast tanks (including
				  removing all residual sediments) and supply lines to the tanks prior to using
				  Public Water System water or have never previously introduced ambient
				  water.
1. New
					 section filed 10-15-2007; operative 1-1-2008 (Register 2007, No.
					 42).
2. Repealer and new section filed 10-14-2021; operative
					 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						71201.7,
						71204.3,
						71204.5
						and
						71205.3,
						Public Resources Code. Reference: Sections
						71204.3,
						71204.5
						and
						71205.3,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2297 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the information required by Public Resources
					 Code section
					 71205,
					 subdivision (h), the master, owner, operator, or person in charge of a vessel
					 shall maintain on board the vessel all the following documentation to
					 demonstrate the proper functionality of the vessel's ballast water treatment
					 system:
(a) Printed or electronic
				  records of applicable functionality monitoring, including calibration records,
				  shall be kept on board the vessel for a minimum of two (2) years.
(b) Printed or electronic records of any
				  biological monitoring performed, from at least the past two (2) years,
				  including dates of the monitoring, the individuals or entities who performed
				  the tests, and methods used.
(c)
				  The ballast water treatment system type approval certificate or "Alternate
				  Management System" letter issued by the United States Coast Guard, as
				  applicable.
(d) Procedures in case
				  of equipment malfunction.
1. New
					 section filed 10-1-2009; operative 10-31-2009 (Register 2009, No.
					 40).
2. Renumbering of section
					 2297 to section
					 2294 and new section
					 2297 filed 10-14-2021; operative
					 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Section
						71201.7,
						Public Resources Code. Reference: Sections
						71205
						and
						71206,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.7 - Performance Standards and Compliance Assessment for the Discharge of Ballast Water for Vessels Operating in California Waters › Section 2297.1 - Ballast Water Treatment Technology Reporting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-26-2010; operative 11-25-2010 (Register 2010, No.
					 44).
2. Repealer filed 8-14-2017; operative 10-1-2017 (Register
					 2017, No. 33).
Note: Authority cited: Sections
						71201.7
						and
						71205,
						Public Resources Code. Reference: Sections
						71201.7
						and
						71205(g),
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298 - Hull Husbandry Reporting Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 4.8 (section
					 2298) and section filed 12-29-2008;
					 operative 1-1-2009 pursuant to Government Code section
					 11343.4
					 (Register 2009, No. 1).
2. Amendment of article heading and repealer
					 of section filed 8-14-2017; operative 10-1-2017 (Register 2017, No.
					 33).
Note: Authority cited: Sections
						71201.7,
						71204.6
						and
						71205(e),
						Public Resources Code. Reference: Sections
						71204.6,
						71205(e)
						and
						71205(f),
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.1 - Purpose, Applicability, and Date of Implementation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of the regulations in Title
				  2, Division 3, Chapter 1, Article 4.8 of the California Code of Regulations is
				  to move the State expeditiously toward elimination of the discharge of
				  nonindigenous species into the waters of the State or into waters that may
				  impact the waters of the State, based on the best available technology
				  economically achievable.
(b) The
				  provisions of Article 4.8 apply to all vessels carrying, or capable of
				  carrying, ballast water that arrive at a California port, except those vessels
				  that are exempt under Section
				  71202
				  of the Public Resources Code or those vessels that satisfy the requirements of
				  the emergency exemption clause in section
				  2298.9.1.
(c) For the purposes of Article 4.8, all
				  ports in the San Francisco Bay area east of the Golden Gate bridge, including
				  the Ports of Stockton and Sacramento, shall be interpreted as the same
				  "California port"; and the Ports of Los Angeles, Long Beach, and the El Segundo
				  marine terminal shall be interpreted as the same "California port."
(d) The provisions of these regulations shall
				  become effective October 1, 2017.
1. New
					 article 4.8 (sections
					 2298.1-2298.9.1) and section filed
					 8-14-2017; operative 10-1-2017 (Register 2017, No.
					 33).
Note: Authority cited: Sections
						71201.7
						and
						71204.6,
						Public Resources Code. Reference: Sections
						71200,
						71201,
						71202
						and
						71204.6,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.4 - Biofouling Record Book

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The provisions described in this section apply to newly constructed vessels
				  delivered into service on or after January 1, 2018, and to existing vessels
				  beginning with completion of the first regularly scheduled out-of-water
				  maintenance on or after January 1, 2018.
(b) The master, owner, operator, or person in
				  charge of a vessel carrying, or capable of carrying, ballast water that arrives
				  at a California port shall maintain a Biofouling Record Book to be retained
				  onboard the vessel. The Biofouling Record Book must contain details of all
				  inspections and biofouling management measures undertaken on the vessel since
				  the beginning of the most recent scheduled out-of-water maintenance or since
				  delivery into service as a newly constructed vessel if no out-of-water
				  maintenance has yet occurred. At a minimum, this record book shall:
(1) Maintain consistency with the components
				  of the Biofouling Record Book described in the International Maritime
				  Organization's "Guidelines for the Control and Management of Ships' Biofouling
				  to Minimize the Transfer of Invasive Aquatic Species" (adopted on July 15,
				  2011);
(2) Include a description of
				  all completed niche area management practices, as required in section
				  2298.6(c)(2).
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.5 - Marine Invasive Species Program Annual Vessel Reporting Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The form "Marine Invasive Species Program Annual Vessel
					 Reporting Form" (SLC 600.12, Revised 04/20) is hereby incorporated by
					 reference. The master, owner, operator, agent or person in charge of a vessel
					 carrying, or capable of carrying, ballast water that arrives at a California
					 port shall submit the "Marine Invasive Species Program Annual Vessel Reporting
					 Form" (SLC 600.12, Revised 04/20) to the Commission in electronic form through
					 the web-based user interface
https://misp.io
at least twenty-four hours in
					 advance of the first arrival of each calendar year at a California port of
					 call.
1. New
					 section filed 8-14-2017; operative 10-1-2017 (Register 2017, No.
					 33).
2. Amendment filed 11-30-2020; operative 1-1-2021 (Register
					 2020, No. 49). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						71201.7
						and
						71204.6,
						Public Resources Code. Reference: Sections
						71204,
						71204.6
						and
						71205,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.6 - Biofouling Management for Wetted Surfaces

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions described in this section
				  apply to newly constructed vessels delivered into service on or after January
				  1, 2018, and to existing vessels beginning with completion of the first
				  regularly scheduled out-of-water maintenance on or after January 1,
				  2018.
(b) The master, owner,
				  operator, or person in charge of a vessel arriving at a California port shall
				  manage biofouling on the wetted surfaces of the vessel, except those niche
				  areas described in subdivision (c)(1) of this section, in any of the following
				  ways:
(1) If a vessel is using an
				  anti-fouling coating, the coating shall not be aged beyond its effective
				  coating lifespan, as documented in section
				  2298.3(b)(3)(C).
				  If a vessel is using an anti-fouling coating and the coating is aged beyond its
				  effective coating lifespan, as documented in section
				  2298.3(b)(3)(C),
				  the master, owner, operator, or person in charge of a vessel shall document in
				  the Biofouling Management Plan how biofouling on the wetted surfaces of the
				  vessel, except those niche areas listed in subdivision (c)(1) of this section,
				  shall be managed after the effective coating lifespan is exceeded. All
				  biofouling management actions undertaken, and reports resulting from such
				  actions, shall be documented in the Biofouling Record Book;
(2) If a vessel is not using an anti-fouling
				  coating, the master, owner, operator, or person in charge of a vessel shall
				  document in the Biofouling Management Plan how biofouling on the wetted
				  surfaces of the vessel, except those niche areas listed in subdivision (c)(1)
				  of this section, shall be managed in the absence of an anti-fouling coating.
				  All biofouling management actions undertaken and reports resulting from such
				  actions shall be documented in the Biofouling Record Book.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.7 - Requirements for Vessels with Extended Residency Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions described in this section
				  apply to newly constructed vessels delivered into service on or after January
				  1, 2018, and to existing vessels beginning with completion of the first
				  regularly scheduled out-of-water maintenance on or after January 1,
				  2018.
(b) The master, owner,
				  operator, or person in charge of a vessel that has had an extended residency
				  period since its most recent out-of-water maintenance, in-water treatment, or
				  in-water cleaning must ensure that the vessel is compliant with the following
				  requirements upon arrival to a California port:
(c) Manage biofouling in the niche areas
				  listed in section
				  2298.6(c)(1), if
				  present, in a manner that is consistent with the niche area management
				  practices listed in the Biofouling Management Plan. All activities employed to
				  manage biofouling in the niche areas described in section
				  2298.6(c)(1), if
				  present, that accumulates as a result of the extended residency period shall be
				  documented in the Biofouling Record Book.
(d) Any activities, including in-water
				  inspection, in-water cleaning, in-water treatment, or out-of-water maintenance,
				  to manage biofouling on the wetted surfaces of the vessel, except those niche
				  areas listed in section
				  2298.6 (c)(1),
				  that accumulates as a result of the extended residency period shall be
				  documented in the Biofouling Record Book.
1. New
					 section filed 8-14-2017; operative 10-1-2017 (Register 2017, No.
					 33).
Note: Authority cited: Sections
						71201.7
						and
						71204.6,
						Public Resources Code. Reference: Sections
						71204.6
						and
						71205,
						Public Resources Code.
California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.8 - Propeller Cleaning in California Waters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Propeller cleaning in California waters is not prohibited
					 under this article.
1. New
					 section filed 8-14-2017; operative 10-1-2017 (Register 2017, No.
					 33).
Note: Authority cited: Sections
						71201.7
						and
						71204.6,
						Public Resources Code. Reference: Sections
						71201
						and
						71204.6,
						Public Resources Code.