Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Marine Invasive Species Fee Collection Law

Public Resources Code

Chapter 2. Ballast Water Management Requirements

Section 71204.7

71204.7. Shipboard ballast water treatment system regulations. (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, deletion2016, 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.

History.—Stats. 2006, Ch. 292 (SB 497), in effect January 1, 2007, renumbered former subdivision (c) as subdivision (c)(1), added "on or before January 1, 2008" after "commission approves that application" in, substituted "shall" for "may subsequently" after "the commission" in, substituted "interim performance standards" for "standard" in, deleted "is" before "adopted" in, and added "pursuant to paragraphs (1) and (2) of subdivision (a) of Section 71205.3 would apply to that vessel." after "adopted" in subdivision (c); deleted former subdivision (c) (1); added ", or that the applicant has failed to provide the commission with required test results and evaluations" after "anticipated performance" in paragraph (2) of subdivision (c); substituted "shall" for "may" after "The commission" in subdivision (d); and added subdivision (e). Stats. 2012, Ch. 550 (SB 935), in effect September 25, 2012, substituted "2016" for "2008" after "January 1," in subdivision (c)(1).