Assembly Bill 703, The Ballast Water Management Act of 1999, Chapter 849, Statutes of 1999 established a program to address the problem of the introduction and spread of nonindigenous aquatic species into the state waters of California. The California State Lands Commission initiated a ballast water management and control program. In addition, AB 433 renamed the Ballast Water Management Fee Law to the Marine Invasive Species Fee Collection Law. For purposes of administration of the fee we continue to refer to this program as the Ballast Water Management Program.

The original Ballast Water Management Fee Law was written with a sunset date of January 1, 2004. Assembly Bill 433, which was passed into law in September 2003, extended the ballast water management fee program to January 1, 2010. In addition, AB 433 renamed the Ballast Water Management Fee Law to the Marine Invasive Species Fee Collection Law. For purposes of administration of the fee we continue to refer to this program as the Ballast Water Management Program.

AB 433 also expands the definition of a voyage to include each vessel that arrives at a California port or place from a port or place outside of coastal waters of the state rather than from a port of place outside the Exclusive Economic Zone (EEZ) as was required in prior law.

Senate Bill 497 was signed in to law on September 18, 2006. SB 497 deletes the sunset date of January 1, 2010 for the Marine Invasive Species Act and makes the fee permanent. In addition, SB 497 increases the maximum administrative civil penalty from $5,000 to $27,500 per violation for a person who intentionally or negligently fails to comply with the law.

What is the amount of the fee?

Per statute, the fee is not to exceed $1,000.00 per vessel voyage. The State Lands Commission has set the fee as follows:

• Effective September 1, 2005 the fee is $400 per qualifying voyage
• February 1, 2004 through August 31, 2005 the fee was $500 per qualifying voyage
• July 1, 2002 through January 31, 2004 the fee was $200 per qualifying voyage
• April 30, 2000 through June 30, 2002 the fee was $400 per qualifying voyage
• January 1, 2000 through April 29, 2000 the fee was $600 per qualifying voyage

How is the fee assessed?

The BOE works with the California Marine Exchanges to identify daily arrivals of vessels into California ports. Using that information, the BOE:

• Determines which vessel voyages are subject to the fee;
• Establishes account numbers for the owner/operators of these vessels and;
• Mails a notice of the amount due to the vessel's owner/operator and faxes a copy to the agent of record, if requested.

There is an option of filing monthly fee returns rather than receiving notices of determination for each qualifying voyage. For further information about qualifying for filing of monthly fee returns please contact the Environmental Fees Division. Contact information is below.

How is the fee paid?

Payment of the fees should be made to the Board of Equalization and mailed along with a copy of the Notice of Determination, or fee return to the address below. If you prefer, payment may be made at any of our Board offices. Payment may be made in cash, check, cashier's check or money order.

Mail payments to:

Special Taxes Remittance Processing
State Board of Equalization
P.O. Box 942879
Sacramento, CA 94279-6199

How do I notify BOE of changes or get additional information?

Agents and owners/operators should notify the Board of any change of address, phone or fax number to ensure that invoices and information on the fee program are received timely. To notify the Board of changes or if you have any questions regarding the Ballast Water Management Program, please contact us at:

Environmental Fees Division
State Board of Equalization
P.O. Box 942879
Sacramento, CA 94279-0057

Phone: 916-322-9534
Fax: 916-327-0859

For information regarding ballast water management and testing or for copies of State Lands Commission regulations contact them by phone at (916) 574-1900, or you may visit their website at: www.slc.ca.gov.