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Public Resources Code

Chapter 2. Ballast Water Management Requirements

Section 71205.3

71205.3. Interim performance standards for discharge of ballast water regulations. (a) On or before January 1, 2008, the commission shall adopt regulations that do all of the following:

(1) Except as provided deletion in Section 71204.7, 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.

(2) Except as provided deletion in Section 71204.7, 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 following implementation schedule:

Ballast water capacity of vessel Standards apply to new vessels in this size class constructed Standards apply to all other vessels in this size class beginning on:
<1500 metric tons January 1, deletion2016 January 1, deletion2018
1500–5000 metric tons January 1, deletion2016 January 1, deletion2016
>5000 metric tons January 1, deletion2016 January 1, deletion2018

(3) Notwithstanding Section 71204.7, 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 for all organism size classes by 2020, as approved by the commission on January 26, 2006.

(b) deletionNot less than 18 months prior to the scheduled compliance date specified in paragraph (2) of subdivision (a) for each subsequent class and the date for implementation of the final performance standard, as specified in paragraph (3) of subdivision (a), the commission, in consultation with the State Water Resources Control Board, the United States Coast Guard, and the advisory panel described in subdivision (b) of Section 71204.9, shall prepare, or update, and submit to the Legislature a review of 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.

History.—Added by Stats. 2006, Ch. 292 (SB 497), in effect January 1, 2007. Stats. 2008, Ch. 696 (SB 1781), in effect September 30, 2008, revised paragraph (2) of subdivision (a) which read, "Except as provided otherwise in Section 71204.7, 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 for the interim performance standards for the discharge of ballast water in accordance with Table x-2 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."; and substituted "2009" for "2008" after "On or before January 1," and substituted "2010" for "2009" after "complied with in" in subdivision (b). Stats. 2009, Ch. 140 (AB 1164), in effect January 1, 2010, substituted "on" for "in" after "other vessels in this size class beginning" in the third heading in paragraph (2) of subdivision (a). Stats. 2013, Ch. 472 (SB 814), in effect January 1, 2014, deleted "otherwise" after "Except as provided" in paragraphs (1) and (2) of subdivision (a); substituted "2016" for "2010", " 2012", and " 2014" and substituted "2018" for "2016" in the table, in paragraph (2) of subdivision (a); and replaced "On or before January 1, 2009, for the interim performance standards specified in paragraph (1) of subdivision (a) that have to be complied with in 2010, as specified in paragraph (2) of subdivsion (a), and not" with "Not" in the first sentence of subdivision (b).