SB 1360 - An Act to Amend Sections 72401, 72410, 72420, 72420.2, 72421, 72430, 72440, and 72441 Of, and to Repeal Section 72420.1 Of, the Public Resources Code, Relating to Vessels.

An Act to Amend Sections 72401, 72410, 72420, 72420.2, 72421, 72430, 72440, and 72441 Of, and to Repeal Section 72420.1 Of, the Public Resources Code, Relating to Vessels.

SB 1360 — 2011-2012 Legislature

Summary

(1)Existing law, until January 1, 2014, prohibits, if the Administrator of the United States Environmental Protection Agency approves an application to prohibit the release of sewage from large passenger vessels or if the State Water Resources Control Board determines that an application is not necessary, an owner or operator of a large passenger vessel from releasing, or permitting another to release, sewage from the vessel into the marine waters of the state. Existing law requires, until January 1, 2014, the owner or operator to notify the California Emergency Management Agency immediately, but not longer than 30 minutes, after the discovery of a release of sewage from a large passenger vessel into the marine waters of the state or a marine sanctuary. Existing law requires the owner or operator to notify the agency immediately, but not longer than 30 minutes, after the discovery of a release of graywater from a large passenger vessel into the marine waters of the state. Existing law imposes on a person who violates the prohibition a civil penalty of not more than $25,000 for each violation.

This bill would extend the prohibition and notification requirement… More

(1)Existing law, until January 1, 2014, prohibits, if the Administrator of the United States Environmental Protection Agency approves an application to prohibit the release of sewage from large passenger vessels or if the State Water Resources Control Board determines that an application is not necessary, an owner or operator of a large passenger vessel from releasing, or permitting another to release, sewage from the vessel into the marine waters of the state. Existing law requires, until January 1, 2014, the owner or operator to notify the California Emergency Management Agency immediately, but not longer than 30 minutes, after the discovery of a release of sewage from a large passenger vessel into the marine waters of the state or a marine sanctuary. Existing law requires the owner or operator to notify the agency immediately, but not longer than 30 minutes, after the discovery of a release of graywater from a large passenger vessel into the marine waters of the state. Existing law imposes on a person who violates the prohibition a civil penalty of not more than $25,000 for each violation.

This bill would extend the prohibition and notification requirement indefinitely. The bill would expand the prohibition to sewage releases into a marine sanctuary. The bill would additionally require the owner or operator of a large passenger vessel to notify the agency upon the discovery of a release of graywater into a marine sanctuary.

(2)Existing law prohibits the owner or operator of a large passenger vessel or an oceangoing ship with sufficient holding tank capacity from releasing, or permitting anyone to release, from the vessel, graywater into the marine waters of the state.

The bill would additionally prohibit the owner or operator of a large passenger vessel or an oceangoing ship with sufficient holding tank capacity from releasing, or permitting anyone to release, from the vessel, graywater into a marine sanctuary.

(3)Existing law prohibits an owner or operator of a large passenger vessel or oceangoing ship from releasing or permitting anyone to release specified substances from the vessel or ship into the marine waters of the state or a marine sanctuary. Existing law excludes from those requirements a large passenger vessel or oceangoing ship that operates in the marine waters of the state, as that term is defined, solely in innocent passage and discharges made for the purpose of securing the safety of the vessel or ship or saving life at sea if specified precautions are taken. The act provides that for purposes of that exclusion, a vessel is engaged in innocent passage if its operation in the marine waters of the state would constitute innocent passage under specified conventions.

For purposes of the exclusion provision, the bill would replace the reference to a “vessel” with reference to a “large passenger vessel or oceangoing ship.” The bill would also define the term “marine waters of the state” to mean waters within the area bounded by the mean high tide line to the 3-mile state waters limit, from the Oregon border to the Mexican border, for purposes of provisions relating to the operation of a large passenger vessel or an oceangoing ship with sufficient holding tank capacity. Hide

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At LegInfo.ca.gov

Title

An Act to Amend Sections 72401, 72410, 72420, 72420.2, 72421, 72430, 72440, and 72441 Of, and to Repeal Section 72420.1 Of, the Public Resources Code, Relating to Vessels.

Author(s)

Joe Simitian

Co-Authors

Subjects

• Vessels

Major Actions

Introduced	2/24/2012
Referred to Committee
Passed Senate Committee on Environmental Quality	4/16/2012
Passed Senate Committee on Appropriations	4/30/2012
Passed Senate	5/07/2012
Passed Assembly Committee on Environmental Safety and Toxic Materials	6/12/2012
Passed Assembly Committee on Appropriations	8/08/2012
Passed Assembly	8/16/2012
Passed Senate	8/21/2012
Presented to the governor (enrolled)	8/24/2012
Became law (chaptered).	9/07/2012

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Senate Committee on Environmental Quality	Do pass as amended, and re-refer to the Committee on Appropriations.	4/16/2012	This motion PASSED the Senate Committee on Environmental Quality 6 voted YES 0 voted NO 1 voted present/not voting
select this vote	Senate Committee on Appropriations	Do pass.	4/30/2012	This motion PASSED the Senate Committee on Appropriations 5 voted YES 0 voted NO 2 voted present/not voting
select this vote	Senate	Senate 3rd Reading SB1360 Simitian	5/07/2012	This bill PASSED the Senate 38 voted YES 0 voted NO 2 voted present/not voting
select this vote	Assembly Committee on Environmental Safety and Toxic Materials	Do pass and be re-referred to the Committee on Appropriations.	6/12/2012	This motion PASSED the Assembly Committee on Environmental Safety and Toxic Materials 9 voted YES 0 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass, to Consent Calendar.	8/08/2012	This motion PASSED the Assembly Committee on Appropriations 17 voted YES 0 voted NO 0 voted present/not voting
select this vote	Assembly	SB 1360 Simitian Consent Calendar Second Day Regular Session	8/16/2012	This bill PASSED the Assembly 79 voted YES 0 voted NO 1 voted present/not voting
currently selected	Senate	Unfinished Business SB1360 Simitian Concurrence	8/21/2012	This bill PASSED the Senate 38 voted YES 0 voted NO 2 voted present/not voting

	Action	Date	Description
	Introduced	2/24/2012
		2/24/2012	Introduced. To Com. on RLS. for assignment. To print.
		2/26/2012	From printer. May be acted upon on or after March 27.
		2/27/2012	Read first time.
		3/08/2012	Referred to Com. on E.Q.
		3/28/2012	Set for hearing April 16.
		4/09/2012	From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.
select this vote	Vote	4/16/2012	Do pass as amended, and re-refer to the Committee on Appropriations.
		4/17/2012	From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3190.) (April 16).
		4/18/2012	Read second time and amended. Re-referred to Com. on APPR.
		4/20/2012	Set for hearing April 30.
select this vote	Vote	4/30/2012	Do pass.
		5/01/2012	From committee: Do pass. (Ayes 5. Noes 0. Page 3388.) (April 30).
		5/02/2012	Read second time. Ordered to third reading.
		5/07/2012	Read third time. Passed. (Ayes 38. Noes 0. Page 3428.) Ordered to the Assembly.
		5/07/2012	In Assembly. Read first time. Held at Desk.
select this vote	Senate Vote on Passage	5/07/2012	Senate 3rd Reading SB1360 Simitian
		5/25/2012	Referred to Com. on E.S. & T.M.
		6/04/2012	From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S. & T.M.
		6/12/2012	From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 12). Re-referred to Com. on APPR.
select this vote	Vote	6/12/2012	Do pass and be re-referred to the Committee on Appropriations.
select this vote	Vote	8/08/2012	Do pass, to Consent Calendar.
		8/09/2012	From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).
		8/13/2012	Read second time. Ordered to consent calendar.
		8/16/2012	Read third time. Passed. (Ayes 79. Noes 0. Page 5969.) Ordered to the Senate.
		8/16/2012	In Senate. Concurrence in Assembly amendments pending.
select this vote	Assembly Vote on Passage	8/16/2012	SB 1360 Simitian Consent Calendar Second Day Regular Session
		8/21/2012	Assembly amendments concurred in. (Ayes 38. Noes 0. Page 4628.) Ordered to engrossing and enrolling.
currently selected	Senate Vote on Passage	8/21/2012	Unfinished Business SB1360 Simitian Concurrence
		8/24/2012	Enrolled and presented to the Governor at 4 p.m.
		9/07/2012	Approved by the Governor.
		9/07/2012	Chaptered by Secretary of State. Chapter 279, Statutes of 2012.