BILL REQ. #: H-1320.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/26/2007. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to ballast water management; amending RCW 77.120.010, 77.120.020, 77.120.030, and 77.120.070; amending 2004 c 227 s 2 (uncodified); adding new sections to chapter 77.120 RCW; repealing RCW 77.120.060, 77.120.080, and 77.120.090; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 77.120.010 and 2000 c 108 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Ballast tank" means any tank or hold on a vessel used for
carrying ballast water, whether or not the tank or hold was designed
for that purpose.
(2) "Ballast water" means any water and matter taken on board a
vessel to control or maintain trim, draft, stability, or stresses of
the vessel, without regard to the manner in which it is carried.
(3) "Empty/refill exchange" means to pump out, until the tank is
empty or as close to empty as the master or operator determines is
safe, the ballast water taken on in ports, estuarine, or territorial
waters, and then refilling the tank with open sea waters.
(4) "Exchange" means to replace the water in a ballast tank using
either flow through exchange, empty/refill exchange, or other exchange
methodology recommended or required by the United States coast guard.
(5) "Flow through exchange" means to flush out ballast water by
pumping in midocean water at the bottom of the tank and continuously
overflowing the tank from the top until three full volumes of water
have been changed to minimize the number of original organisms
remaining in the tank.
(6) "Nonindigenous species" means any species or other viable
biological material that enters an ecosystem beyond its natural range.
(7) "Open sea exchange" means an exchange that occurs fifty or more
nautical miles offshore. If the United States coast guard requires a
vessel to conduct an exchange further offshore, then that distance is
the required distance for purposes of compliance with this chapter.
(8) "Recognized marine trade association" means those trade
associations in Washington state that promote improved ballast water
management practices by educating their members on the provisions of
this chapter, participating in regional ballast water coordination
through the Pacific ballast water group, assisting the department in
the collection of ballast water exchange forms, and the monitoring of
ballast water. This includes members of the Puget Sound marine
committee for Puget Sound and the Columbia river steamship operators
association for the Columbia river.
(9) "Sediments" means any matter settled out of ballast water
within a vessel.
(10) "Untreated ballast water" includes exchanged or unexchanged
ballast water that has not undergone treatment.
(11) "Vessel" means a ((self-propelled)) ship, boat, vessel, barge,
or other floating craft in commerce of three hundred gross tons or
more.
(12) "Voyage" means any transit by a vessel destined for any
Washington port.
(13) "Waters of the state" means any surface waters, including
internal waters contiguous to state shorelines within the boundaries of
the state.
Sec. 2 RCW 77.120.020 and 2000 c 108 s 3 are each amended to read
as follows:
(1) This chapter applies to all vessels carrying ballast water into
the waters of the state from a voyage, except:
(a) A vessel of the United States department of defense or United
States coast guard subject to the requirements of section 1103 of the
national invasive species act of 1996, or any vessel of the armed
forces, as defined in 33 U.S.C. Sec. 1322(a)(14), that is subject to
the uniform national discharge standards for vessels of the armed
forces under 33 U.S.C. Sec. 1322(n);
(b) A vessel (((i))) that discharges ballast water or sediments
only at the location where the ballast water or sediments originated,
if the ballast water or sediments do not mix with ballast water or
sediments from areas other than open sea waters((; or (ii) that does
not discharge ballast water in Washington waters)); and
(c) A vessel that does not discharge unexchanged or untreated
ballast water and is traversing the internal waters of Washington in
the Strait of Juan de Fuca, bound for a port in Canada, and not
entering or departing a United States port, or a vessel in innocent
passage, which is a vessel merely traversing the territorial sea of the
United States and does not ((entering or departing)) enter or depart a
United States port, or not navigating the internal waters of the United
States((; and)).
(d) A crude oil tanker that does not exchange or discharge ballast
water into the waters of the state
(2) This chapter does not authorize the discharge of oil or noxious
liquid substances in a manner prohibited by state, federal, or
international laws or regulations. Ballast water containing oil,
noxious liquid substances, or any other pollutant shall be discharged
in accordance with the applicable requirements.
(3) The master or operator in charge of a vessel is responsible for
the safety of the vessel, its crew, and its passengers. Nothing in
this chapter relieves the master or operator in charge of a vessel of
the responsibility for ensuring the safety and stability of the vessel
or the safety of the crew and passengers.
Sec. 3 RCW 77.120.030 and 2004 c 227 s 3 are each amended to read
as follows:
The owner or operator in charge of any vessel covered by this
chapter is required to ensure that the vessel under their ownership or
control does not discharge ballast water into the waters of the state
except as authorized by this section.
(1) Discharge into waters of the state is authorized if the vessel
has conducted an open sea exchange of ballast water. A vessel is
exempt from this requirement if the vessel's master reasonably
determines that such a ballast water exchange operation will threaten
the safety of the vessel or the vessel's crew, or is not feasible due
to vessel design limitations or equipment failure. If a vessel relies
on this exemption, then it may discharge ballast water into waters of
the state, subject to any requirements of treatment under subsection
(2) of this section and subject to RCW 77.120.040.
(2) After July 1, 2007, discharge of ballast water into waters of
the state is authorized only if there has been an open sea exchange or
if the vessel has treated its ballast water to meet standards set by
the department consistent with applicable state and federal laws. When
weather or extraordinary circumstances make exchange or access to
treatment unsafe to the vessel or crew, the master of a vessel may
delay compliance ((with any treatment required under this subsection))
until it is safe to complete the treatment subject to possible penalty
depending upon the circumstances involved and the installation
availability of feasible and proven treatment options suitable for the
class of vessel involved.
(3) ((Masters, owners, operators, or persons-in-charge shall submit
to the department an interim ballast water management report by July 1,
2006, in the form and manner prescribed by the department. The report
shall describe actions needed to implement the ballast water
requirements in subsection (2) of this section, including treatment
methods applicable to the class of the vessel. Reports may include a
statement that there are no treatment methods applicable to the vessel
for which the report is being submitted.)) For treatment technologies requiring shipyard modification
that cannot reasonably be performed prior to July 1, 2007, the
department shall provide the vessel owner or operator with an extension
to the first scheduled drydock or shipyard period following July 1,
2007.
(4) The ballast water work group created in section 1, chapter 282,
Laws of 2002 shall develop recommendations for the interim ballast
water management report. The recommendations must include, but are not
limited to:
(a) Actions that the vessel owner or operator will take to
implement the ballast water requirements in subsection (2) of this
section, including treatment methods applicable to the class of the
vessel;
(b) Necessary plan elements when there are not treatment methods
applicable to the vessel for which the report is being submitted, or
which would meet the requirements of this chapter; and
(c) The method, form, and content of reporting to be used for such
reports.
(5)
(((6))) (4) The department shall make every effort to align ballast
water standards with adopted international and federal standards while
ensuring that the goals of this chapter are met.
(((7))) (5) The requirements of this section do not apply to a
vessel discharging ballast water or sediments that originated solely
within the waters of Washington state, the Columbia river system, or
the internal waters of British Columbia south of latitude fifty degrees
north, including the waters of the Straits of Georgia and Juan de Fuca.
(((8))) (6) Open sea exchange is an exchange that occurs fifty or
more nautical miles offshore. If the United States coast guard
requires a vessel to conduct an exchange further offshore, then that
distance is the required distance for purposes of compliance with this
chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 77.120 RCW
to read as follows:
(1) The department, in consultation with the ballast water work
group created in section 6 of this act, shall collect data necessary to
establish and maintain an inventory of the location and geographic
range of nonindigenous plant and animal populations in the coastal and
estuarine waters of the state that includes open coastal waters and
bays and estuaries. In particular, data must be collected that does
both of the following:
(a) Supplements the existing baseline of nonindigenous species
previously developed pursuant to this section, by adding data from
investigations of intertidal and nearshore subtidal habitats along the
open coast; and
(b) Monitors the coastal and estuarine waters of the state,
including, but not limited to, habitats along the open coast, for new
introductions of nonindigenous species or spread of existing
nonindigenous species populations.
(2) Whenever possible, the department shall utilize appropriate,
existing data to create the inventory.
(3) The department, in consultation with the ballast water work
group, shall assess the effectiveness of the ballast water controls
implemented through this chapter by comparing the status and
establishment of nonindigenous species populations with the baseline
data collected during this process.
(4) The department shall submit a report presenting its assessment
to the legislature and the public by December 1, 2010, and every three
years thereafter.
(5) The department shall ensure that information generated by this
monitoring program is of a type and in a format useful for subsequent
studies and reports undertaken for any of the following purposes:
(a) The determination of alternative discharge zones;
(b) The identification of environmentally sensitive areas to be
avoided for uptake or discharge of ballast water;
(c) The long-term effectiveness of discharge control measures;
(d) The determination of potential risk zones where uptake or
discharge of ballast water shall be prohibited; and
(e) The rate and risk of establishment of nonindigenous species in
the coastal waters of the state, and resulting impacts.
NEW SECTION. Sec. 5 A new section is added to chapter 77.120 RCW
to read as follows:
(1) The department, in consultation with the ballast water work
group created in section 6 of this act and the United States coast
guard, shall develop a program to address and manage nonballast water
ship vectors as a source of nonindigenous species such as hull fouling,
sea chests, and equipment and vessels equipped with ballast tanks that
carry no ballast on board.
(2) The department shall adopt rules, guidelines, or best practices
to implement the program.
(3) The department shall report to the legislature on the status of
program development and implementation by December 1, 2011.
Sec. 6 2004 c 227 s 2 (uncodified) is amended to read as follows:
(1) The director of the department ((of fish and wildlife)) must
establish the ballast water work group.
(2) The ballast water work group consists of the following
individuals:
(a) One staff person from the governor's executive policy office.
This person must act as chair of the ballast water work group;
(b) Two representatives from the Puget Sound steamship operators;
(c) Two representatives from the Columbia river steamship
operators;
(d) Three representatives from the Washington public ports, one of
whom must be a marine engineer;
(e) Two representatives from the petroleum transportation industry;
(f) One representative from the Puget Sound water quality action
team;
(g) Two representatives from the environmental community;
(h) One representative of the shellfish industry;
(i) One representative of the tribes;
(j) One representative of maritime labor; and
(k) One representative from the department ((of fish and
wildlife)).
(3) The ballast water work group must ((study, and provide a report
to the legislature by December 15, 2006, the following issues)) carry
out the following tasks and provide a report to the legislature by July
1, 2009:
(a) ((All issues relating to ballast water technology, including
exchange and treatment methods, management plans, the associated costs,
and the availability of feasible and proven ballast water treatment
technologies that could be cost-effectively installed on vessels that
typically call on Washington ports;)) Work with the
state of Oregon to develop a consistent, coordinated, and enforceable
ballast water management program for the Columbia river.
(b) The services needed by the industry and the state to protect
the marine environment, including penalties and enforcement;
(c) The costs associated with, and possible funding methods for,
implementing the ballast water program;
(d) Consistency with federal and international standards, and
identification of gaps between those standards, and the need for
additional measures, if any, to meet the goals of this chapter;
(e) Describe how the costs of treatment required as of July 1,
2007, will be substantially equivalent among ports where treatment is
required;
(f) Describe how the states of Washington and Oregon are
coordinating their efforts for ballast water management in the Columbia
river system; and
(g) Describe how the states of Washington, Oregon, and California
and the province of British Columbia are coordinating their efforts for
ballast water management on the west coast.
(4) The ballast water work group must begin operation immediately
upon the effective date of this section. The Puget Sound water quality
action team must provide staff for the ballast water work group. The
staff must come from existing personnel within the team
(b) Advise the department as it develops and evaluates the
effectiveness of the program and a program to assess vessel specific
risks.
(c) Help the department review the needs of the ballast water
program, including research investments, and identify unmet needs.
Work through the Puget Sound action team and the department's internal
budget development process to secure needed funds.
(d) Help the department develop and align the state program with
national and regional ballast water management programs.
(e) Assist the department by developing a workable technical and
financial assistance program to support the shipping industry comply
with state ballast water laws and rules.
(f) Work with the United States coast guard and the department of
ecology to improve coordination and integration of vessel inspection
procedures among agencies that board and inspect vessels and identify
ways to minimize apparent duplication of effort, work more effectively
with vessel masters and crew, and recommend changes to state law to
streamline the program, if needed.
(g) Outline funding, policy, and program recommendations to support
the state's management program.
(h) Expand the scope of the ballast water work group to include
review and recommend a management approach for ship hull fouling as a
vector for introducing invasive species.
(i) Review and provide comment on proposed federal legislation,
international and regional other programs, and other policy arenas.
(j) Harmonize the state ballast water program with western coastal
states, British Columbia, and Canada.
(k) Work with the department's science advisory panel to develop a
science research plan and estimated costs to answer key research and
management questions.
(l) Provide recommendations and technical information to assist the
department in determining if and when it is necessary or advisable to
adjust rules and guidance for the ballast water management program to
achieve resource goals and objectives.
(m) Other responsibilities, as necessary.
(((5))) (4) The director must also monitor the activities of the
task force created by the state of Oregon in 2001 Or. Laws 722,
concerning ballast water management. The director shall provide the
ballast water work group with periodic updates of the Oregon task
force's efforts at developing a ballast water management system.
(((6)(a) The ballast water work group expires June 30, 2007.))
(b) This section expires June 30, 2007.
Sec. 7 RCW 77.120.070 and 2000 c 108 s 8 are each amended to read
as follows:
(1) Except as limited by subsection (2) or (3) of this section, the
director or the director's designee may impose a civil penalty or
warning for a violation of the requirements of this chapter on the
owner or operator in charge of a vessel who fails to comply with the
requirements imposed under RCW 77.120.030 and 77.120.040. The penalty
shall not exceed ((five)) twenty-seven thousand five hundred dollars
for each day of a continuing violation. In determining the amount of
a civil penalty, the department shall set standards by rule that
consider if the violation was intentional, negligent, or without any
fault, and shall consider the quality and nature of risks created by
the violation. The owner or operator subject to such a penalty may
contest the determination by requesting an adjudicative proceeding
within twenty days. Any determination not timely contested is final
and may be reduced to a judgment enforceable in any court with
jurisdiction. If the department prevails using any judicial process to
collect a penalty under this section, the department shall also be
awarded its costs and reasonable attorneys' fees.
(2) ((The civil penalty for a violation of reporting requirements
of RCW 77.120.040 shall not exceed five hundred dollars per violation.)) The department, in cooperation with the United States coast
guard, may enforce the requirements of this chapter.
(3) Any owner or operator who knowingly, and with intent to
deceive, falsifies a ballast water management report form is liable for
a civil penalty in an amount not to exceed five thousand dollars per
violation, in addition to any criminal liability that may attach to the
filing of false documents.
(4)
NEW SECTION. Sec. 8 A new section is added to chapter 77.120 RCW
to read as follows:
(1) The ballast water management account is created in the custody
of the state treasurer. All receipts from legislative appropriations,
gifts, grants, donations, penalties, and mitigation fees received under
this chapter must be deposited into the account.
(2) The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required. Only the director or
the director's designee may authorize expenditures from the account.
Expenditures from the account may be used only to carry out the
purposes of this chapter or support the goals of the chapter through
research and monitoring except:
(a) Expenditures may not be used for the salaries of permanent
department employees; and
(b) Penalties deposited into the account may be used, in
consultation with the ballast water work group created in section 6 of
this act, only to support basic and applied research and carry out
education and outreach related to the state's ballast water management.
NEW SECTION. Sec. 9 Section 6 of this act is added to chapter
77.120 RCW.
NEW SECTION. Sec. 10 The following acts or parts of acts are
each repealed:
(1) RCW 77.120.060 (Report to legislature -- Results of chapter) and
2002 c 282 s 4 & 2000 c 108 s 7;
(2) RCW 77.120.080 (Legislative review of chapter -- Recommendations)
and 2000 c 108 s 9; and
(3) RCW 77.120.090 (Ballast water information system -- Improvements)
and 2002 c 282 s 5.