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Business Taxes Law Guide – Revision 2022
 

Marine Invasive Species Fee Collection Law

Public Resources Code

Division 36. Marine Invasive Species Act

Chapter 2. Ballast Water and Biofouling Management Requirements

Section 71205.3


71205.3. Interim performance standards for discharge of ballast water regulations. (a) The commission shall adopt regulations that do all of the following:

(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 implementation schedule 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 no later than January 1, 2040. If, based on a review of ballast water treatment technologies submitted in a report to the Legislature in conformance with provisions of subdivision (b), achievement of the final performance standard becomes practicable sooner than January 1, 2040, the commission shall establish an earlier effective date in regulation.

(b) (1) If a ballast water treatment system has stopped operating properly during a voyage, the master, owner, operator, or person in charge of the vessel shall report the problem to the commission as soon as practicable.

(2) The commission shall consult with the United States Coast Guard to attempt to identify an alternative, environmentally sound method of ballast water management under the circumstances described in paragraph (1) in accordance with Section 151.2040(b) of Title 33 of the Code of Federal Regulations.

(3) The master, owner, operator, or person in charge of the vessel subject to paragraph (1) shall employ the alternative, environmentally sound method of ballast water management identified by the commission in consultation with the United States Coast Guard before discharging ballast water in California waters.

(c) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the board, the United States Coast Guard, and an advisory panel described in paragraph (3), 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 described in paragraph (3) shall make recommendations regarding the content and issuance of the report and implementation of the performance standards to the commission.

(3) (A) 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 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. The advisory panel’s meetings shall be open to the public.

(B) The commission shall provide notice of the advisory panel’s meetings to any person who requests that notice in writing, as well as on the commission’s internet website. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include the meeting’s agenda and the name, address, and telephone number of a person who can provide additional information before the meeting.

(4) (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.

History—Stats. 2018, Ch. 742 (SB 1493), in effect January 1, 2019, added "and Biofouling" to Chapter 2 title, deleted "for each subsequent class…of subdivision (a),", and substituted "board" for "State Water Resources Control Board" in the first sentence of paragraph (b)(1). Stats. 2019, Ch. 443 (AB 912), in effect January 1, 2020, added paragraphs (1) and (2) to subdivision (a), deleted paragraph (2), and renumbered former paragraphs (1) and (3) as (3) and (4); substituted "required for "Except as provided in Section 71204.7, required", "X-1" for "x-1", added ", by January 1, 2030." after 2006 in paragraph (3). Substituted "Required" for "Notwithstanding Section 71204.7, required", deleted "by January 1, 2030." and added the balance of the sentence to paragraph (4) of subdivision (a). Substituted "before" for "prior to", "2030" for "2020", "2040" for "2030", "an" for "the" after and, "paragraph (3)" for "subdivision (b) of Section 71204.9", and "report on"for "review of" in paragraph (1) of subdivision (b). Added paragraphs (2) and (3) to subdivision (B), and renumbered former paragraph (2) as (4). Substituted "2034" for "2024", "standard" for standards", and "2044" for "2034" in subdivision (4)(A). Added "required" after "report" in subdivision (4)(B). Stats. 2020, Ch. 370, in effect January 1, 2021, added an "," after Regulations in paragraph (2) of subdivision (a). Stats. 2021, Ch. 770 (SB 822), in effect January 1, 2022, substituted "implementation schedule" for "performance standards" before "set forth" in paragraph (a)(2); added new subdivision (b): relettered former subdivision (b) to subdivision (c).