1. (a) Federal Performance Standards for Ballast Water Discharges.

   1. (1) Notwithstanding section 2296, the owner or operator of a vessel shall not discharge ballast water in California waters unless the ballast water discharge performance standards set forth in Section 151.2030(a) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended, are met.

   2. (2) The performance standards in Section 2293, subdivision (a)(1), must be met according to the implementation schedule in Section 151.2035(b) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended, unless either of the follow conditions are met:

      1. (A) The owner or operator of a vessel has been granted an extension to the vessel's compliance date by the United States Coast Guard pursuant to Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended; or
      2. (B) The vessel is using water from a Public Water System as ballast water pursuant to Section 2296.

2. (b) This subdivision applies only to vessels with ballast water sourced from waters with a measured salinity of less than 18 parts per thousand and arriving at ports in the San Francisco Bay area east of, and including, the port of Rodeo, extending to the Ports of Stockton and Sacramento. In addition to meeting the ballast water discharge performance standards incorporated in subdivision (a), the master, operator, or person in charge of a vessel subject to this subdivision must:

   1. (1) Conduct a ballast water exchange in near-coastal waters; and
   2. (2) Ensure that the salinity of discharged ballast water is equal to or greater than 30 parts per thousand.

3. (c) Interim California Performance Standards for Ballast Water Discharges.

   1. (1) No detectable living organisms that are greater than or equal to 50 micrometers in minimum dimension;
   2. (2) Fewer than 0.01 living organisms per mL that are less than 50 micrometers in minimum dimension and greater than or equal to 10 micrometers in minimum dimension;

   3. (3) For living organisms that are less than 10 micrometers in minimum dimension:

      1. (A) fewer than 1,000 bacteria per 100 mL;
      2. (B) fewer than 10,000 viruses per 100 mL;

      3. (C) concentrations of microbes that are less than:

         1. 1. 126 colony forming units per 100 mL of Escherichia coli;
         2. 2. 33 colony forming units per 100 mL of Intestinal enterococci; and
         3. 3. 1 colony forming unit per 100 mL or 1 colony forming unit per gram of wet weight of zoological samples of Toxicogenic Vibrio cholerae (serotypes O1 and O139).

   No later than January 1, 2030, the owner or operator of a vessel must comply with the interim California performance standards for the discharge of ballast water. The interim performance standards for the discharge of ballast water in California require that ballast water discharged will contain:

4. (d) Final California Performance Standards for Ballast Water Discharges.

   No later than January 1, 2040, the owner or operator of a vessel to which this Article applies, must implement and meet the final performance standards for the discharge of ballast water. The final performance standards for the discharge of ballast water in California waters require that the ballast water discharged must have zero detectable living organisms for all organism size classes.

The provisions under this Section apply only to vessels that discharge ballast water in California waters.

Note: Authority cited: Sections 71201.7 and 71205.3, Public Resources Code. Reference: Sections 71201.7 and 71205.3, Public Resources Code.

History

1. New section filed 10-15-2007; operative 1-1-2008 (Register 2007, No. 42).

2. Amendment of section heading and section filed 10-14-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

3. New subsections (b)-(b)(2) and subsection relettering filed 6-16-2025 as an emergency; operative 6-16-2025 (Register 2025, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-15-2025 or emergency language will be repealed by operation of law on the following day.

4. New subsections (b)-(b)(2) and subsection relettering refiled 12-15-2025 as an emergency; operative 12-15-2025 (Register 2025, No. 51). A Certificate of Compliance must be transmitted to OAL by 3-16-2026 or emergency language will be repealed by operation of law on the following day.

5. New subsections (b)-(b)(2) and subsection relettering refiled 3-16-2026 as an emergency; operative 3-16-2026 (Register 2026, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-15-2026 or emergency language will be repealed by operation of law on the following day.