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Business Taxes Law Guide—Revision 2024

Marine Invasive Species Fee Collection Law

Public Resources Code

Division 36. Marine Invasive Species Act

Chapter 2. Ballast Water and Biofouling Management Requirements

Section 71210


71210. Evaluation of alternatives. (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.

History—Stats. 2018, Ch. 742 (SB 1493), in effect January 1, 2019, added "and Biofouling" to Chapter 2 title, deleted "a" after "shall sponsor", substituted "programs" for "program", and added "and biofouling" after "managing ballast water" in the first sentence of subdivision (a); numbered paragraph (1) of subdivision (b) and added the second paragraph. Stats. 2019, Ch.443 (AB 912), in effect January 1, 2020, added "the United States Environmental Protection Agency," after "Guard," to the first sentence; added "meaningful participation of the State of California in federal rulemaking actions and the" to the second sentence of subdivision (a).