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92_SB2182
SRS92SB0078SWap
1 AN ACT concerning ballast water.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Ballast Water Act.
6 Section 5. Definitions. As used in this Act:
7 "Aquatic nuisance species" means a nonindigenous species
8 that threatens the diversity or abundance of native species,
9 the ecological stability of infested waters of this State, or
10 the commercial, agricultural, aquacultural, or recreational
11 activities dependent on those waters.
12 "Ballast water" means water and associated solids taken
13 on board a vessel to control or maintain trim, draft,
14 stability, or stresses on the vessel, without regard to the
15 manner in which it is carried.
16 "Ballast water treatment method" means a method of
17 treating ballast water and sediments to remove or destroy
18 living biological organisms through one or more of the
19 following:
20 (1) filtration;
21 (2) the application of biocides or ultraviolet
22 light;
23 (3) thermal methods; or
24 (4) other treatment techniques approved by the
25 Department.
26 "Department" means the Department of Natural Resources.
27 "Great Lakes" means the Great Lakes and their connecting
28 waters.
29 "Local unit" means a county, municipality, or township or
30 an agency or instrumentality of any of these entities.
31 "Nonoceangoing vessel" means a vessel that is not an
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1 oceangoing vessel.
2 "Oceangoing vessel" means a vessel that operates on the
3 Great Lakes after operating in waters outside of the Great
4 Lakes.
5 "Sediments" means any matter settled out of ballast water
6 within a vessel.
7 "Waters of this State" means groundwaters, lakes, rivers,
8 and streams, and all other watercourses and waters, including
9 the Great Lakes, within the jurisdiction of this State.
10 Section 10. Findings. The legislature finds that it is a
11 goal of this State to prevent the introduction of and
12 minimize the spread of aquatic nuisance species within the
13 waters of this State. The legislature further finds that, to
14 achieve this goal, this State shall cooperate with the United
15 States authorities, other states, and the maritime industry.
16 Section 15. Duties; on or before January 1, 2003. On or
17 before January 1, 2003, the Department shall do all of the
18 following:
19 (1) Determine whether the ballast water management
20 practices that were proposed in the Code of Best Practices
21 for Ballast Water Management by the shipping federation of
22 Canada on September 28, 2000, are being complied with by all
23 oceangoing vessels operating within the waters of this State.
24 Upon request by the Department, the owner or operator of an
25 oceangoing vessel must provide, on a form developed by the
26 Department and the shipping federation of Canada,
27 confirmation of whether or not the vessel is complying with
28 the ballast water management practices described in this
29 Section.
30 (2) Determine whether the ballast water management
31 practices that were proposed in the Code of Best Practices
32 for Ballast Water Management by the shipping federation of
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1 Canada on September 28, 2000, are being complied with by all
2 nonoceangoing vessels operating within the waters of this
3 State. Upon request by the Department, the owner or operator
4 of a nonoceangoing vessel must provide, on a form developed
5 by the Department and the lake carriers' association and the
6 Canadian shipowners' association, confirmation of whether or
7 not the vessel is complying with the ballast water management
8 practices described in this Section.
9 (3) Determine the following:
10 (A) Whether one or more ballast water treatment
11 methods, which protect the safety of the vessel, its
12 crew, and its passengers, could be used by oceangoing
13 vessels to prevent the introduction of aquatic nuisance
14 species into the waters of this State.
15 (B) A time period after which one or more ballast
16 water treatment methods identified under item (A) could
17 be used by all oceangoing vessels operating on the waters
18 of this State.
19 (C) If the Department determines under item (A)
20 that a ballast water treatment method is not available,
21 the actions needed to be taken for one or more ballast
22 water treatment methods that would meet the requirements
23 of item (A) to be developed, tested, and made available
24 to vessel owners and operators and a time period after
25 which the ballast water treatment method or methods may
26 be used by all oceangoing vessels operating on the waters
27 of this State. Subsequently, if at any time the
28 Department determines that one or more of the new ballast
29 water treatment methods that meet the requirements of
30 item (A) may be used by oceangoing vessels operating on
31 the waters of this State, the Department shall determine
32 a date after which the new ballast water treatment method
33 or methods may be used by all oceangoing vessels
34 operating on the waters of this State.
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1 Section 20. Duties; on or before July 1, 2004. On or
2 before July 1, 2004, the Department shall determine whether
3 all oceangoing vessels that are operating on the waters of
4 this State are using a ballast water treatment method,
5 identified by the Department under item (3) of Section 15, to
6 prevent the introduction of aquatic nuisance species into the
7 waters of this State. Upon request by the Department, the
8 owner or operator of an oceangoing vessel must provide, on a
9 form developed by the Department and the shipping federation
10 of Canada, confirmation of whether or not the vessel is using
11 a ballast water treatment method identified by the Department
12 under item (3) of Section 15. If the Department determines
13 that all oceangoing vessels that are operating on the waters
14 of this State are not using a ballast water treatment method
15 by the dates identified in item (3) of Section 15, the
16 Department shall determine what the reasons are for not doing
17 so.
18 Section 25. Other duties.
19 (a) The Department shall do all of the following:
20 (1) On or before January 1, 2003, compile and
21 maintain a list of all oceangoing vessels and
22 nonoceangoing vessels that the Department determines have
23 complied with the ballast water management practices
24 described in item (1) or (2) of Section 15, as
25 appropriate, during the previous 12 months. This list
26 must be continually updated and maintained on the
27 Department's website.
28 (2) On or before July 1, 2003, if the Department
29 has determined under subdivision (3)(A) of Section 15,
30 or if the Department subsequently determines under
31 subdivision (3)(C) of Section 15, that one or more
32 ballast water treatment methods could be used by
33 oceangoing vessels to prevent the introduction of aquatic
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1 nuisance species into the waters of this State, compile
2 and maintain a list of all oceangoing vessels that, after
3 the date specified in subdivision (3)(B) of Section 15 or
4 the date identified by the Department under subdivision
5 (3)(C) of Section 15, as appropriate, have been using one
6 of these ballast water treatment methods during the
7 previous 12 months.
8 (3) Continually update and post the lists provided
9 for in this subsection (a) on the Department's website.
10 (4) Annually distribute a copy of the lists
11 prepared under this subsection (a) to persons in this
12 State who have contracts with oceangoing or nonoceangoing
13 vessel operators for the transportation of cargo.
14 (b) The owner or operator of an oceangoing vessel or a
15 nonoceangoing vessel that is not on an applicable list
16 prepared under subsection (a) of this Section and any persons
17 in this State who have contracts for the transportation of
18 cargo with an oceangoing or nonoceangoing vessel operator
19 that is not on an applicable list prepared under subsection
20 (a) of this Section are not eligible for a new grant, loan,
21 or award administered by the State.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.