Sec. 10. Effect on State authority
276 words·~1 min read·
/bill/113/s/2094/rs/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel after the date of enactment of this Act. Notwithstanding subsection (a), a State or political subdivision thereof may enforce a statute or regulation of the State or political subdivision with respect to ballast water discharges incidental to the normal operation of a vessel that specifies a ballast water performance standard that is more stringent than the ballast water performance standard under section 5(a)(1)(A) and is in effect on the date of enactment of this Act if the Secretary, after consultation with the Administrator and any other Federal department or agency the Secretary considers appropriate, makes a determination that— compliance with any performance standard specified in the statute or regulation can in fact be achieved and detected; the technology and systems necessary to comply with the statute or regulation are commercially available; and the statute or regulation is consistent with obligations under relevant international treaties or agreements to which the United States is a party.
The Governor of a State seeking to enforce a statute or regulation under subsection
(b)shall submit a petition requesting the Secretary to review the statute or regulation. A petition shall— be accompanied by the scientific and technical information on which the petition is based; and be submitted to the Secretary not later than 90 days after the date of enactment of this Act. The Secretary shall make a determination on a petition under this subsection not later than 90 days after the date that the petition is received.