CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 912Introduced by Assembly Member Muratsuchi(Coauthor: Assembly Member ODonnell)February 20, 2019 An act to amend Sections 71200, 71205.3, 71210, and 71213 of, and to repeal Sections 71204.6, 71204.7, and 71204.9 of, the Public Resources Code, relating to marine invasive species. LEGISLATIVE COUNSEL'S DIGESTAB 912, as introduced, Muratsuchi. Marine invasive species: ballast water and biofouling management requirements.Existing law, the Marine Invasive Species Act, requires the State Lands Commission (hereafter the commission) to implement and administer laws regulating the uptake or discharge of ballast water from vessels that impact marine species in the states waterways. The act, among other things, requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take various actions to minimize the uptake and release of nonindigenous species, including, among other things, to clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms, as specified.This bill would, for purposes of the act, define the term land and would revise the coastal boundaries used to define the Pacific Coastal Region, as specified.The act required the commission, on or before January 1, 2012, in consultation with the State Water Resources Control Board (hereafter the board), the United States Coast Guard, and a technical advisory group consisting of specified representatives, to develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place, as provided. The act required the commission, in consultation with the United States Coast Guard, on or before July 1, 2005, to adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems. The act also required the commission, in consultation with the board and in consideration of specified advisory panel recommendations, on or before January 31, 2006, to submit to the Legislature and make available to the public a specified report that recommends standards for the discharge of ballast waters into the waters of the state.This bill would repeal those provisions relating to ballast water standards.The act requires the commission to adopt regulations that impose specified requirements on an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement certain interim performance standards for the discharge of ballast water recommended in accordance with a specified report approved by the commission, as described, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.The bill would, instead, require the commission to adopt regulations that would require an owner or operator of a vessel, as defined, carrying or capable of carrying, ballast water that operates in the waters of the state to implement specified federal standards regulating ballast water discharges and to comply with certain federal performance standards for implementing approved ballast water management methods. The bill would also require that those regulations extend to January 1, 2040, the date by which the final performance standard for the discharge of ballast water of zero detectable living organisms for all size classes would be required to be met, and would revise certain requirements for the submission of that report regarding ballast water discharges, as prescribed.The act requires the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group made up of specified representatives who are interested persons, to sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling, with the goal of those efforts to include the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state.This bill would additionally require the commission to consult with the United States Environmental Protection Agency regarding the sponsorship of those pilot programs and would also require that the meaningful participation of the State of California in federal rulemaking actions be included as one of the goals of those efforts.The act requires the commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, to identify and conduct any other research determined necessary to carry out the requirements of the act.This bill would also authorize the commission to also take samples of ballast water, sediment, and biofouling from arriving vessels subject to the act for research purposes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 71200 of the Public Resources Code is amended to read:71200. Unless the context otherwise requires, the following definitions govern the construction of this division:(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.(d) Board means the State Water Resources Control Board.(e) 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.(f) Commission means the State Lands Commission.(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.(h) 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 mid-ocean 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 mid-ocean waters.(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.(i)(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.(j)(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.(k)(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.(l)(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.(m)(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.(n)(o) Sediments means matter settled out of ballast water within a vessel.(o)(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.(p)(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.(q)(r) Vessel means a vessel of 300 gross registered tons or more.(r)(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.SEC. 2. Section 71204.6 of the Public Resources Code is repealed.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 and shall be designed to protect the waters of the state.SEC. 3. Section 71204.7 of the Public Resources Code is repealed.71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.(b)The regulations shall include criteria for the development of a formal application package to use those systems.(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.SEC. 4. Section 71204.9 of the Public Resources Code is repealed.71204.9.(a)(1)On or before January 31, 2006, the commission, in consultation with the board and in consideration of the advisory panel recommendations described in subdivision (b), shall submit to the Legislature and make available to the public, a report that recommends specific performance standards for the discharge of ballast water into the waters of the state, or into waters that may impact waters of the state. The performance standards shall be based on the best available technology economically achievable and shall be designed to protect the beneficial uses of affected, and potentially affected, waters. If the commission, based on the best available information, and in consultation with the board and in consideration of the advisory panel recommendations, determines that it is technologically and economically achievable to prohibit the discharge of nonindigenous species, the commission shall include this recommendation in the report to the Legislature.(2)As appropriate, the commission may recommend different performance standards for vessels arriving from mid-ocean waters, for vessels that travel exclusively within the Pacific Coast Region, for new or existing vessels, or for different vessel types. Each set of performance standards shall be based on the best available technology economically achievable for the described category of vessel.(b)(1)The commission shall convene and consult with an advisory panel in developing the report required by subdivision (a). The advisory panel shall be comprised of persons concerned with performance standards for the discharge of treated ballast water. The advisory panel shall include, but not be limited to, representatives from one or more California regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and panel members.(2)The advisory panel shall make recommendations regarding the content, issuance, and implementation of the performance standards to the commission.(3)(A)The advisory panels meetings shall be open to the public.(B)The commission shall provide notice of the advisory panels meetings to any person who requests that notice in writing, as well as on the commissions Internet Web site. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include a brief general description of the meetings agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.(4)The advisory panel shall submit its recommendations to the commission on or before July 1, 2005.SEC. 5. Section 71205.3 of the Public Resources Code is amended to read:71205.3. (a) The commission shall adopt regulations that do all of the following:(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.SEC. 6. Section 71210 of the Public Resources Code is amended to read: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.SEC. 7. Section 71213 of the Public Resources Code is amended to read: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.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 912Introduced by Assembly Member Muratsuchi(Coauthor: Assembly Member ODonnell)February 20, 2019 An act to amend Sections 71200, 71205.3, 71210, and 71213 of, and to repeal Sections 71204.6, 71204.7, and 71204.9 of, the Public Resources Code, relating to marine invasive species. LEGISLATIVE COUNSEL'S DIGESTAB 912, as introduced, Muratsuchi. Marine invasive species: ballast water and biofouling management requirements.Existing law, the Marine Invasive Species Act, requires the State Lands Commission (hereafter the commission) to implement and administer laws regulating the uptake or discharge of ballast water from vessels that impact marine species in the states waterways. The act, among other things, requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take various actions to minimize the uptake and release of nonindigenous species, including, among other things, to clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms, as specified.This bill would, for purposes of the act, define the term land and would revise the coastal boundaries used to define the Pacific Coastal Region, as specified.The act required the commission, on or before January 1, 2012, in consultation with the State Water Resources Control Board (hereafter the board), the United States Coast Guard, and a technical advisory group consisting of specified representatives, to develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place, as provided. The act required the commission, in consultation with the United States Coast Guard, on or before July 1, 2005, to adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems. The act also required the commission, in consultation with the board and in consideration of specified advisory panel recommendations, on or before January 31, 2006, to submit to the Legislature and make available to the public a specified report that recommends standards for the discharge of ballast waters into the waters of the state.This bill would repeal those provisions relating to ballast water standards.The act requires the commission to adopt regulations that impose specified requirements on an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement certain interim performance standards for the discharge of ballast water recommended in accordance with a specified report approved by the commission, as described, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.The bill would, instead, require the commission to adopt regulations that would require an owner or operator of a vessel, as defined, carrying or capable of carrying, ballast water that operates in the waters of the state to implement specified federal standards regulating ballast water discharges and to comply with certain federal performance standards for implementing approved ballast water management methods. The bill would also require that those regulations extend to January 1, 2040, the date by which the final performance standard for the discharge of ballast water of zero detectable living organisms for all size classes would be required to be met, and would revise certain requirements for the submission of that report regarding ballast water discharges, as prescribed.The act requires the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group made up of specified representatives who are interested persons, to sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling, with the goal of those efforts to include the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state.This bill would additionally require the commission to consult with the United States Environmental Protection Agency regarding the sponsorship of those pilot programs and would also require that the meaningful participation of the State of California in federal rulemaking actions be included as one of the goals of those efforts.The act requires the commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, to identify and conduct any other research determined necessary to carry out the requirements of the act.This bill would also authorize the commission to also take samples of ballast water, sediment, and biofouling from arriving vessels subject to the act for research purposes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 912
Introduced by Assembly Member Muratsuchi(Coauthor: Assembly Member ODonnell)February 20, 2019
Introduced by Assembly Member Muratsuchi(Coauthor: Assembly Member ODonnell)
February 20, 2019
An act to amend Sections 71200, 71205.3, 71210, and 71213 of, and to repeal Sections 71204.6, 71204.7, and 71204.9 of, the Public Resources Code, relating to marine invasive species.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 912, as introduced, Muratsuchi. Marine invasive species: ballast water and biofouling management requirements.
Existing law, the Marine Invasive Species Act, requires the State Lands Commission (hereafter the commission) to implement and administer laws regulating the uptake or discharge of ballast water from vessels that impact marine species in the states waterways. The act, among other things, requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take various actions to minimize the uptake and release of nonindigenous species, including, among other things, to clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms, as specified.This bill would, for purposes of the act, define the term land and would revise the coastal boundaries used to define the Pacific Coastal Region, as specified.The act required the commission, on or before January 1, 2012, in consultation with the State Water Resources Control Board (hereafter the board), the United States Coast Guard, and a technical advisory group consisting of specified representatives, to develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place, as provided. The act required the commission, in consultation with the United States Coast Guard, on or before July 1, 2005, to adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems. The act also required the commission, in consultation with the board and in consideration of specified advisory panel recommendations, on or before January 31, 2006, to submit to the Legislature and make available to the public a specified report that recommends standards for the discharge of ballast waters into the waters of the state.This bill would repeal those provisions relating to ballast water standards.The act requires the commission to adopt regulations that impose specified requirements on an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement certain interim performance standards for the discharge of ballast water recommended in accordance with a specified report approved by the commission, as described, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.The bill would, instead, require the commission to adopt regulations that would require an owner or operator of a vessel, as defined, carrying or capable of carrying, ballast water that operates in the waters of the state to implement specified federal standards regulating ballast water discharges and to comply with certain federal performance standards for implementing approved ballast water management methods. The bill would also require that those regulations extend to January 1, 2040, the date by which the final performance standard for the discharge of ballast water of zero detectable living organisms for all size classes would be required to be met, and would revise certain requirements for the submission of that report regarding ballast water discharges, as prescribed.The act requires the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group made up of specified representatives who are interested persons, to sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling, with the goal of those efforts to include the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state.This bill would additionally require the commission to consult with the United States Environmental Protection Agency regarding the sponsorship of those pilot programs and would also require that the meaningful participation of the State of California in federal rulemaking actions be included as one of the goals of those efforts.The act requires the commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, to identify and conduct any other research determined necessary to carry out the requirements of the act.This bill would also authorize the commission to also take samples of ballast water, sediment, and biofouling from arriving vessels subject to the act for research purposes.
Existing law, the Marine Invasive Species Act, requires the State Lands Commission (hereafter the commission) to implement and administer laws regulating the uptake or discharge of ballast water from vessels that impact marine species in the states waterways. The act, among other things, requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take various actions to minimize the uptake and release of nonindigenous species, including, among other things, to clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms, as specified.
This bill would, for purposes of the act, define the term land and would revise the coastal boundaries used to define the Pacific Coastal Region, as specified.
The act required the commission, on or before January 1, 2012, in consultation with the State Water Resources Control Board (hereafter the board), the United States Coast Guard, and a technical advisory group consisting of specified representatives, to develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place, as provided. The act required the commission, in consultation with the United States Coast Guard, on or before July 1, 2005, to adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems. The act also required the commission, in consultation with the board and in consideration of specified advisory panel recommendations, on or before January 31, 2006, to submit to the Legislature and make available to the public a specified report that recommends standards for the discharge of ballast waters into the waters of the state.
This bill would repeal those provisions relating to ballast water standards.
The act requires the commission to adopt regulations that impose specified requirements on an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement certain interim performance standards for the discharge of ballast water recommended in accordance with a specified report approved by the commission, as described, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.
The bill would, instead, require the commission to adopt regulations that would require an owner or operator of a vessel, as defined, carrying or capable of carrying, ballast water that operates in the waters of the state to implement specified federal standards regulating ballast water discharges and to comply with certain federal performance standards for implementing approved ballast water management methods. The bill would also require that those regulations extend to January 1, 2040, the date by which the final performance standard for the discharge of ballast water of zero detectable living organisms for all size classes would be required to be met, and would revise certain requirements for the submission of that report regarding ballast water discharges, as prescribed.
The act requires the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group made up of specified representatives who are interested persons, to sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling, with the goal of those efforts to include the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state.
This bill would additionally require the commission to consult with the United States Environmental Protection Agency regarding the sponsorship of those pilot programs and would also require that the meaningful participation of the State of California in federal rulemaking actions be included as one of the goals of those efforts.
The act requires the commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, to identify and conduct any other research determined necessary to carry out the requirements of the act.
This bill would also authorize the commission to also take samples of ballast water, sediment, and biofouling from arriving vessels subject to the act for research purposes.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 71200 of the Public Resources Code is amended to read:71200. Unless the context otherwise requires, the following definitions govern the construction of this division:(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.(d) Board means the State Water Resources Control Board.(e) 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.(f) Commission means the State Lands Commission.(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.(h) 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 mid-ocean 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 mid-ocean waters.(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.(i)(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.(j)(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.(k)(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.(l)(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.(m)(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.(n)(o) Sediments means matter settled out of ballast water within a vessel.(o)(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.(p)(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.(q)(r) Vessel means a vessel of 300 gross registered tons or more.(r)(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.SEC. 2. Section 71204.6 of the Public Resources Code is repealed.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 and shall be designed to protect the waters of the state.SEC. 3. Section 71204.7 of the Public Resources Code is repealed.71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.(b)The regulations shall include criteria for the development of a formal application package to use those systems.(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.SEC. 4. Section 71204.9 of the Public Resources Code is repealed.71204.9.(a)(1)On or before January 31, 2006, the commission, in consultation with the board and in consideration of the advisory panel recommendations described in subdivision (b), shall submit to the Legislature and make available to the public, a report that recommends specific performance standards for the discharge of ballast water into the waters of the state, or into waters that may impact waters of the state. The performance standards shall be based on the best available technology economically achievable and shall be designed to protect the beneficial uses of affected, and potentially affected, waters. If the commission, based on the best available information, and in consultation with the board and in consideration of the advisory panel recommendations, determines that it is technologically and economically achievable to prohibit the discharge of nonindigenous species, the commission shall include this recommendation in the report to the Legislature.(2)As appropriate, the commission may recommend different performance standards for vessels arriving from mid-ocean waters, for vessels that travel exclusively within the Pacific Coast Region, for new or existing vessels, or for different vessel types. Each set of performance standards shall be based on the best available technology economically achievable for the described category of vessel.(b)(1)The commission shall convene and consult with an advisory panel in developing the report required by subdivision (a). The advisory panel shall be comprised of persons concerned with performance standards for the discharge of treated ballast water. The advisory panel shall include, but not be limited to, representatives from one or more California regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and panel members.(2)The advisory panel shall make recommendations regarding the content, issuance, and implementation of the performance standards to the commission.(3)(A)The advisory panels meetings shall be open to the public.(B)The commission shall provide notice of the advisory panels meetings to any person who requests that notice in writing, as well as on the commissions Internet Web site. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include a brief general description of the meetings agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.(4)The advisory panel shall submit its recommendations to the commission on or before July 1, 2005.SEC. 5. Section 71205.3 of the Public Resources Code is amended to read:71205.3. (a) The commission shall adopt regulations that do all of the following:(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.SEC. 6. Section 71210 of the Public Resources Code is amended to read: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.SEC. 7. Section 71213 of the Public Resources Code is amended to read: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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 71200 of the Public Resources Code is amended to read:71200. Unless the context otherwise requires, the following definitions govern the construction of this division:(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.(d) Board means the State Water Resources Control Board.(e) 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.(f) Commission means the State Lands Commission.(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.(h) 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 mid-ocean 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 mid-ocean waters.(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.(i)(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.(j)(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.(k)(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.(l)(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.(m)(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.(n)(o) Sediments means matter settled out of ballast water within a vessel.(o)(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.(p)(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.(q)(r) Vessel means a vessel of 300 gross registered tons or more.(r)(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
SECTION 1. Section 71200 of the Public Resources Code is amended to read:
### SECTION 1.
71200. Unless the context otherwise requires, the following definitions govern the construction of this division:(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.(d) Board means the State Water Resources Control Board.(e) 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.(f) Commission means the State Lands Commission.(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.(h) 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 mid-ocean 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 mid-ocean waters.(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.(i)(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.(j)(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.(k)(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.(l)(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.(m)(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.(n)(o) Sediments means matter settled out of ballast water within a vessel.(o)(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.(p)(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.(q)(r) Vessel means a vessel of 300 gross registered tons or more.(r)(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
71200. Unless the context otherwise requires, the following definitions govern the construction of this division:(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.(d) Board means the State Water Resources Control Board.(e) 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.(f) Commission means the State Lands Commission.(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.(h) 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 mid-ocean 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 mid-ocean waters.(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.(i)(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.(j)(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.(k)(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.(l)(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.(m)(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.(n)(o) Sediments means matter settled out of ballast water within a vessel.(o)(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.(p)(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.(q)(r) Vessel means a vessel of 300 gross registered tons or more.(r)(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
71200. Unless the context otherwise requires, the following definitions govern the construction of this division:(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.(d) Board means the State Water Resources Control Board.(e) 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.(f) Commission means the State Lands Commission.(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.(h) 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 mid-ocean 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 mid-ocean waters.(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.(i)(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.(j)(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.(k)(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.(l)(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.(m)(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.(n)(o) Sediments means matter settled out of ballast water within a vessel.(o)(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.(p)(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.(q)(r) Vessel means a vessel of 300 gross registered tons or more.(r)(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
71200. Unless the context otherwise requires, the following definitions govern the construction of this division:
(a) Ballast tank means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(b) Ballast water means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(c) Biofouling means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains.
(d) Board means the State Water Resources Control Board.
(e) 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.
(f) Commission means the State Lands Commission.
(g) EEZ means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles.
(h) 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 mid-ocean 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 mid-ocean waters.
(i) Land means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore.
(i)
(j) Mid-ocean waters means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep.
(j)
(k) Nonindigenous species means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another.
(k)
(l) Pacific Coast Region means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 25 20 degrees N latitude, exclusive inclusive, of the Gulf of California. The commission may modify these boundaries through regulation if the proponent for the boundary modification presents substantial scientific evidence that the proposed modification is equally or more effective at preventing the introduction of nonindigenous species through vessel vectors as the boundaries described herein.
(l)
(m) Person means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. Person also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law.
(m)
(n) Port means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(n)
(o) Sediments means matter settled out of ballast water within a vessel.
(o)
(p) Waters of the state means surface waters, including saline waters, that are within the boundaries of the state.
(p)
(q) Wetted portion of a vessel means all parts of a vessels hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard.
(q)
(r) Vessel means a vessel of 300 gross registered tons or more.
(r)
(s) Voyage means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state.
SEC. 2. Section 71204.6 of the Public Resources Code is repealed.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 and shall be designed to protect the waters of the state.
SEC. 2. Section 71204.6 of the Public Resources Code is repealed.
### SEC. 2.
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 and shall be designed to protect the waters of the state.
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 and shall be designed to protect the waters of the state.
SEC. 3. Section 71204.7 of the Public Resources Code is repealed.71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.(b)The regulations shall include criteria for the development of a formal application package to use those systems.(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 3. Section 71204.7 of the Public Resources Code is repealed.
### SEC. 3.
71204.7.(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.(b)The regulations shall include criteria for the development of a formal application package to use those systems.(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
(a)On or before July 1, 2005, the commission, in consultation with the United States Coast Guard, shall adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems.
(b)The regulations shall include criteria for the development of a formal application package to use those systems.
(c)(1)If an owner or operator of a vessel applies to install an experimental ballast water treatment system, and the commission approves that application on or before January 1, 2020, the commission shall deem the system to be in compliance with any future treatment standard adopted, for a period not to exceed five years from the date that the interim performance standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel.
(2)The commission may rescind its approval of the system at any time if the commission, in consultation with the board and the United States Coast Guard, and after an opportunity for administrative appeal with the executive officer of the commission, determines that the system has not been operated in accordance with conditions in the agreed upon application package, or that there exists a serious deficiency in performance, human safety, or environmental soundness relative to anticipated performance, or that the applicant has failed to provide the commission with required test results and evaluations.
(d)The commission shall not approve an experimental ballast water treatment system unless the owner or operator demonstrates that the system has significant potential to improve upon the ability of existing systems to kill, inactivate, or otherwise remove nonindigenous species from ballast water.
(e)The commission shall disseminate to the public the test results and evaluations regarding experimental ballast water treatment systems described in this section.
SEC. 4. Section 71204.9 of the Public Resources Code is repealed.71204.9.(a)(1)On or before January 31, 2006, the commission, in consultation with the board and in consideration of the advisory panel recommendations described in subdivision (b), shall submit to the Legislature and make available to the public, a report that recommends specific performance standards for the discharge of ballast water into the waters of the state, or into waters that may impact waters of the state. The performance standards shall be based on the best available technology economically achievable and shall be designed to protect the beneficial uses of affected, and potentially affected, waters. If the commission, based on the best available information, and in consultation with the board and in consideration of the advisory panel recommendations, determines that it is technologically and economically achievable to prohibit the discharge of nonindigenous species, the commission shall include this recommendation in the report to the Legislature.(2)As appropriate, the commission may recommend different performance standards for vessels arriving from mid-ocean waters, for vessels that travel exclusively within the Pacific Coast Region, for new or existing vessels, or for different vessel types. Each set of performance standards shall be based on the best available technology economically achievable for the described category of vessel.(b)(1)The commission shall convene and consult with an advisory panel in developing the report required by subdivision (a). The advisory panel shall be comprised of persons concerned with performance standards for the discharge of treated ballast water. The advisory panel shall include, but not be limited to, representatives from one or more California regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and panel members.(2)The advisory panel shall make recommendations regarding the content, issuance, and implementation of the performance standards to the commission.(3)(A)The advisory panels meetings shall be open to the public.(B)The commission shall provide notice of the advisory panels meetings to any person who requests that notice in writing, as well as on the commissions Internet Web site. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include a brief general description of the meetings agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.(4)The advisory panel shall submit its recommendations to the commission on or before July 1, 2005.
SEC. 4. Section 71204.9 of the Public Resources Code is repealed.
### SEC. 4.
71204.9.(a)(1)On or before January 31, 2006, the commission, in consultation with the board and in consideration of the advisory panel recommendations described in subdivision (b), shall submit to the Legislature and make available to the public, a report that recommends specific performance standards for the discharge of ballast water into the waters of the state, or into waters that may impact waters of the state. The performance standards shall be based on the best available technology economically achievable and shall be designed to protect the beneficial uses of affected, and potentially affected, waters. If the commission, based on the best available information, and in consultation with the board and in consideration of the advisory panel recommendations, determines that it is technologically and economically achievable to prohibit the discharge of nonindigenous species, the commission shall include this recommendation in the report to the Legislature.(2)As appropriate, the commission may recommend different performance standards for vessels arriving from mid-ocean waters, for vessels that travel exclusively within the Pacific Coast Region, for new or existing vessels, or for different vessel types. Each set of performance standards shall be based on the best available technology economically achievable for the described category of vessel.(b)(1)The commission shall convene and consult with an advisory panel in developing the report required by subdivision (a). The advisory panel shall be comprised of persons concerned with performance standards for the discharge of treated ballast water. The advisory panel shall include, but not be limited to, representatives from one or more California regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and panel members.(2)The advisory panel shall make recommendations regarding the content, issuance, and implementation of the performance standards to the commission.(3)(A)The advisory panels meetings shall be open to the public.(B)The commission shall provide notice of the advisory panels meetings to any person who requests that notice in writing, as well as on the commissions Internet Web site. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include a brief general description of the meetings agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.(4)The advisory panel shall submit its recommendations to the commission on or before July 1, 2005.
(a)(1)On or before January 31, 2006, the commission, in consultation with the board and in consideration of the advisory panel recommendations described in subdivision (b), shall submit to the Legislature and make available to the public, a report that recommends specific performance standards for the discharge of ballast water into the waters of the state, or into waters that may impact waters of the state. The performance standards shall be based on the best available technology economically achievable and shall be designed to protect the beneficial uses of affected, and potentially affected, waters. If the commission, based on the best available information, and in consultation with the board and in consideration of the advisory panel recommendations, determines that it is technologically and economically achievable to prohibit the discharge of nonindigenous species, the commission shall include this recommendation in the report to the Legislature.
(2)As appropriate, the commission may recommend different performance standards for vessels arriving from mid-ocean waters, for vessels that travel exclusively within the Pacific Coast Region, for new or existing vessels, or for different vessel types. Each set of performance standards shall be based on the best available technology economically achievable for the described category of vessel.
(b)(1)The commission shall convene and consult with an advisory panel in developing the report required by subdivision (a). The advisory panel shall be comprised of persons concerned with performance standards for the discharge of treated ballast water. The advisory panel shall include, but not be limited to, representatives from one or more California regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and panel members.
(2)The advisory panel shall make recommendations regarding the content, issuance, and implementation of the performance standards to the commission.
(3)(A)The advisory panels meetings shall be open to the public.
(B)The commission shall provide notice of the advisory panels meetings to any person who requests that notice in writing, as well as on the commissions Internet Web site. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include a brief general description of the meetings agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.
(4)The advisory panel shall submit its recommendations to the commission on or before July 1, 2005.
SEC. 5. Section 71205.3 of the Public Resources Code is amended to read:71205.3. (a) The commission shall adopt regulations that do all of the following:(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 5. Section 71205.3 of the Public Resources Code is amended to read:
### SEC. 5.
71205.3. (a) The commission shall adopt regulations that do all of the following:(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
71205.3. (a) The commission shall adopt regulations that do all of the following:(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
71205.3. (a) The commission shall adopt regulations that do all of the following:(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
71205.3. (a) The commission shall adopt regulations that do all of the following:
(1)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table x-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006.
(2)Except as provided in Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the interim performance standards by the applicable following date:
(A)Upon first arrival at a California port for new vessels constructed on or after January 1, 2020.
(B)As of the first scheduled drydocking on or after January 1, 2020, for all other vessels.
(3)Notwithstanding Section 71204.7, require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030.
(b)(1)Not less than 18 months prior to January 1, 2020, and January 1, 2030, the commission, in consultation with the board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
(2)(A)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2024, for the interim performance standards, and January 1, 2034, for the final performance standard, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement 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.
(2) Require an owner or operator of a vessel carrying or capable of carrying, ballast water that operates in the waters of the state to comply with the performance standards set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended.
(3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030.
(4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2040.
(b) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and an advisory panel described in paragraph (2), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable.
(2) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the State Air Resources Board, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members.
(3) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code.
(B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 6. Section 71210 of the Public Resources Code is amended to read: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.
SEC. 6. Section 71210 of the Public Resources Code is amended to read:
### SEC. 6.
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.
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.
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.
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.
SEC. 7. Section 71213 of the Public Resources Code is amended to read: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.
SEC. 7. Section 71213 of the Public Resources Code is amended to read:
### SEC. 7.
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.
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.
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.
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.