Miscellaneous - - CA Public Resources

Section § 72440

This law requires the board to decide if California should ask the federal government for permission to ban large passenger vessels and certain oceangoing ships from dumping sewage or sewage sludge into state marine waters and marine sanctuaries. The law aims to address pollution specifically from different classes of vessels, not all vessels. Also, the board must request federal agencies to ban sewage sludge and oily bilgewater dumping from these ships in certain marine sanctuaries that fall outside state waters, except under certain conditions.

(a)

(1) The board shall determine whether it is necessary to apply to the federal government for the state to prohibit the release of sewage or sewage sludge from large passenger vessels, sewage from oceangoing ships with sufficient holding tank capacity, and sewage sludge from oceangoing ships, into the marine waters of the state or to prohibit the release of sewage sludge from large passenger vessels and oceangoing ships into marine sanctuaries, as described in Section 72420. If the board determines that application is necessary for either sewage or sewage sludge, or both, it shall apply to the appropriate federal agencies, as determined by the board, to authorize the state to prohibit the release of sewage or sewage sludge, or both, as necessary, from large passenger vessels, sewage from oceangoing ships with sufficient holding tank capacity, and sewage sludge from oceangoing ships, into the marine waters of the state and, if necessary, to authorize the state to prohibit the release of sewage sludge from large passenger vessels and oceangoing ships into marine sanctuaries.

(2) It is not the Legislature’s intent to establish for the marine waters of the state a no discharge zone for sewage from all vessels, but only for a class of vessels.

(b) The board shall request the appropriate federal agencies, as determined by the board, to prohibit the release of sewage sludge and oily bilgewater, except under the circumstances specified in Section 72441, by large passenger vessels and oceangoing ships, in all of the waters that are in the Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary, and Monterey Bay National Marine Sanctuary, that are not in the state waters.

sewage discharge prohibition large passenger vessels oceangoing ships marine waters sewage sludge marine sanctuaries no discharge zone federal authorization Channel Islands National Marine Sanctuary Cordell Bank National Marine Sanctuary Gulf of the Farallones National Marine Sanctuary Monterey Bay National Marine Sanctuary oily bilgewater pollution control environmental protection

(Amended by Stats. 2012, Ch. 279, Sec. 8. (SB 1360) Effective January 1, 2013.)

Section § 72440.1

This law requires the board to ask relevant federal agencies to ban waste dumping by large ships in certain marine sanctuaries around California, such as the Channel Islands and Monterey Bay. If needed, the board will also seek approval for the state's ban on waste dumping in these areas.

The board shall request the appropriate federal agencies, as determined by the board, to prohibit the release of waste by large passenger vessels or oceangoing ships in all of the waters in the Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary, and Monterey Bay National Marine Sanctuary; and, request, if necessary, approval of the state’s prohibition of the release of waste in the marine sanctuaries.

waste dumping prohibition large passenger vessels oceangoing ships marine sanctuaries Channel Islands Cordell Bank Gulf of the Farallones Monterey Bay federal agency approval environmental protection marine environment waste release ban state approval request

(Added by Stats. 2005, Ch. 588, Sec. 22. Effective January 1, 2006.)

Section § 72441

This law specifies that certain regulations do not apply to large passenger vessels or oceangoing ships when they are simply passing through California's marine waters without stopping (innocent passage) or when they discharge substances to protect the ship's safety or save lives at sea, as long as reasonable precautions are taken to minimize such discharges.

Innocent passage is defined according to international agreements, ensuring ships can pass through without being subject to the usual regulations.

(a) This division does not apply to either of the following:

(1) A large passenger vessel or oceangoing ship that operates in the marine waters of the state solely in innocent passage.

(2) Discharges made for the purpose of securing the safety of the large passenger vessel or oceangoing ship or saving life at sea, if reasonable precautions are taken for the purpose of preventing or minimizing the discharge.

(b) For the purposes of this section, a large passenger vessel or oceangoing ship is engaged in innocent passage if its operation in the marine waters of the state would constitute innocent passage under either the Convention on the Territorial Sea and Contiguous Zone, dated April 29, 1958, or the United Nations Convention on the Law of the Sea, dated December 10, 1982.

innocent passage large passenger vessel oceangoing ship marine waters safety discharges life-saving discharges Convention on the Territorial Sea United Nations Convention on the Law of the Sea shipping regulations marine environment protection international maritime law vessel safety precautionary measures maritime conventions California marine laws

(Amended by Stats. 2012, Ch. 279, Sec. 9. (SB 1360) Effective January 1, 2013.)

Section § 72442

This section allows the board to create rules and regulations to implement the provisions of the division effectively.

The board may adopt regulations to carry out this division.

regulatory authority rule-making power board regulations implementation administrative regulations policy development division execution rule adoption regulation creation oversight governance procedural rules regulatory process compliance guidelines administrative authority

(Added by Stats. 2003, Ch. 488, Sec. 1. Effective January 1, 2004.)