Bill Text

The Ballast Water Management Act

An Act to Stop the Introduction of Aquatic Nuisance Species into State Waters Through the Regulation of Ballast Water Discharge.

Summary: This bill recognizes that aquatic nuisance species cause substantial economic and environmental damage to this state, and prohibits the dumping of dangerous ballast water from vessels into <insert your state here> waters.

The people of the state of <insert your state here>, represented in the state Legislature, do enact as follows:

Section 1. Short Title.

This Act shall be known and may be cited as The Ballast Water Management Act.

Section 2. Intent.

The state Legislature declares that it is the intent of this bill to stop the introduction of aquatic nuisance species into the state via ballast water from shipping vessels.

Section 3. Findings.

The state Legislature finds that:

(A) Aquatic nuisance species have the potential to cause economic and environmental damage to this state, and that current national efforts do not adequately reduce the risk;

(B) No treatment technology currently exists to adequately address the issue of ballast water management and that research into treatment technologies and consistent federal standards must be developed in order to fully address this issue;

(C) Deep ocean exchange of ballast water is an interim, partial solution that is available to ocean-going vessels and has yet to be fully implemented by industry;

(D) It recognizes the possible limits of state jurisdiction over international issues, and declares its support for the efforts of the United Nations International Maritime Organization and the United States Coast Guard;

(E) Our state should complement, to the extent practical and cost effective, the United States Coast Guard’s ballast water management program and recommend necessary changes and improvements to the United States Coast Guard in the program;

(F) When practical and cost effective, implementation of this Act shall be coordinated with related rules and regulations adopted by the neighboring states;

(G) Ballast water should be managed from the federal level and urges the United States Congress to strengthen the federal ballast water program and, with regional input, apply consistent rules and standards for all waters of the United States.

Section 4. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section:

(A) “Aquatic nuisance species” means any aquatic species or other viable biological material that enters an aquatic ecosystem beyond its historic range.

(B) “Ballast water” means any water and associated sediment used to manipulate the trim and stability of a vessel.

(C) “Cargo vessel” means a self-propelled ship in commerce, other than a tank vessel or a vessel used solely for commercial fish harvesting, of 100 gross tons or more.

(D) “Coastal exchange” means replacing the ballast water taken onboard at a North American coastal port with ballast water taken on at sea within 50 nautical miles of that coastal post.

(E) “Department” means <insert state agency regulating invasive species>. “Department Secretary” means the head of this particular Department.

(F) “Oil” means oil, gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse, and any other petroleum related product.

(G) “Open sea exchange” means a replacement of ballast water that occurs in an area no less than 200 nautical miles from any shore and where the water depth exceeds 2,000 meters.

(H) “Passenger vessel” means a ship of 100 gross tons or more carrying passengers for compensation.

(I) “Sediment” means any matter that settles out of ballast water.

(J) “Ship” means any boat, ship, vessel, barge, or other floating craft of any kind.

(K) “Tank vessel” means a ship that is constructed or adapted to carry oil in bulk as cargo or cargo residue other than:

(1) A vessel carrying oil in drums, barrels, or other packages;

(2) A vessel carrying oil as fuel or stores for that vessel; or

(3) An oil spill response barge or vessel.

(L) “Vessel” means a tank vessel, cargo vessel, or passenger vessel.

(M) “Voyage” means any transit by a vessel destined for any state port.

(N) “Waters of this state” means natural waterways including all tidal and non-tidal bays, rivers, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and non-navigable, including that portion of the ocean that is in the boundaries of the state.

Section 5. Exceptions.

(A) This section and Section 6 of this Act apply to all vessels carrying ballast water into the waters of this state from a voyage, except a vessel that:

(1) Discharges ballast water or sediment only at the location where the ballast water or sediment originated, if the ballast water or sediment are not mixed with ballast water or sediment from areas other than open sea waters;

(2) Does not discharge ballast water in waters of this state; or

(3) Traverses only the internal waters of this state.

(B) Sections of this Act do 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 or noxious liquid substances shall be managed and disposed of in accordance with the applicable requirements.

(C) Nothing in this section:

(1) Requires an open sea exchange or coastal exchange if the owner or operator in charge of a vessel determines that performing an open sea exchange or coastal exchange would threaten the safety or stability of the vessel or the safety of the vessel’s crew or passengers because of any extraordinary condition including, but not limited to, adverse weather or equipment failure.

(2) Exempts the owner or operator in charge of a vessel from the reporting requirements under this Act, whether or not ballast water is carried or discharged in the waters of this state.

Section 6. Prohibitions.

(A) Except as authorized by Section 5 and Section 6 of this Act, the discharge of ballast water in the waters of this state is prohibited.

(B) An owner or operator of a vessel may discharge ballast water in the waters of this state:

(1) If the owner or operator has conducted an open sea exchange or a coastal exchange, if applicable, of ballast water prior to entering the waters of this state; or

(2) Without performing an open sea exchange or a coastal exchange of ballast water, only if the owner or operator reasonably believes that an exchange would threaten the safety of the vessel or if the exchange is not feasible due to equipment failure.

(C) An owner or operator who discharges ballast water in the waters of this state under subsection (B)(2) of this section is subject to the reporting requirements under Section 7 of this Act.

(D) Except as provided in Section 5 of this Act, a person may not discharge the ballast of any vessel into the navigable portions or channels of any of the bays, harbors, or rivers of this state, or within the jurisdiction of this state, so as to injuriously affect such portions or channels of such bays, harbors, or rivers, or to obstruct navigation thereof.

Section 7. Reporting Requirements and Verification.

(A) Owners or operators of vessels regulated under Section 5 and Section 6 of this Act must report ballast water management information to the Department at least 24 hours prior to entering the waters of this state. The Department may work with maritime associations to establish the manner and form of such reporting.

(B) The Department may verify compliance with this Act by relying on tests conducted by the United States Coast Guard or on other tests determined to be appropriate by the Department.

(C) The Department may request appropriations to fund the implementation of this Act.

Section 8. Ballast Water Management Task Force.

(A) The Department Secretary shall establish a Ballast Water Management Task Force (Task Force) to study and recommend appropriate changes and additions to this Act including, but not limited to, changes based upon the following considerations:

(1) Shipping industry compliance with this Act;

(2) Practical and cost-effective ballast water treatment technologies;

(3) Appropriate standards for discharge of treated ballast water into the waters of this state;

(4) The degree to which open sea exchange and coastal exchange of ballast water decreases the risk of transporting aquatic nuisance species into state waters;

(5) The compatibility of this Act with new laws enacted by the United States Congress, regulations promulgated by the United States Coast Guard, and ballast water management programs established by neighboring states and provinces;

(6) Research requirements for ballast water treatment technology and other areas of concern related to the possible introduction of aquatic nuisance species;

(7) Amendments to the National Invasive Species Act of 1996 (P.L. 104-332) for a single national system of regulation; and

(8) How ballast water management is consistent with and made a part of efforts to eradicate invasive species throughout the state.

(B) Subject to available funding from gifts, grants, or donations, <insert appropriate public universities> may, from the appropriate academic department, provide staff and coordination assistance to the Task Force.

(C) The Task Force is to be comprised of five public members.

(1) The Department Secretary shall appoint three public members.

(2) The President of the Senate shall appoint one public member.

(3) The Speaker of the General Assembly shall appoint one public member.

(4) The public members shall each have some experience in either federal, maritime, environmental, or academic areas of ballast water management.

(D) Two members of the Legislature appointed jointly by the President of the Senate and the Speaker of the General Assembly shall act in an advisory capacity to the Task Force.

(E) The Task Force shall report its recommendations to the appropriate Assembly and Senate committees of the Legislature by <insert date>.

(F) The Department Secretary shall establish the Task Force specified in this section no later than 60 days after the effective date of this Act.

Section 9. Penalty.

(A) Except as provided in subsection (B) of this section, the Department Secretary may impose a civil penalty on the owner or operator of a vessel for failure to comply with the requirements of this Act. The penalty imposed under this section may not exceed $25,000 for each violation. In determining the penalty imposed, the Secretary shall consider whether 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 of a vessel subject to such a penalty may contest the determination by requesting a hearing under <insert appropriate state statute>.

(B) The civil penalty for a violation of the reporting requirements of this Act may not exceed $500 per violation.

Section 10. Agreements.

In carrying out the provisions of this Act and, in order to establish protection efforts across jurisdictions and ecosystems, the Department is encouraged to enter into agreements that are consistent with this Act with federal agencies, other state agencies, political subdivisions of the state, or other states.

Section 11. Savings Clause.

If any provision of this Act is found to be in invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this Act. Furthermore, if any provision of this Act, or its application to any person or circumstance is held invalid, the remainder of this Act, or the application of the provision to other persons or circumstances is not affected.

Section 12. Effective Date.

This Act shall take effect on <insert date here>.