THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:<br /><br /> SECTION 1. The Legislature finds and declares all of the<br />following:<br /> (a) According to the United States Environmental Protection<br />Agency, a conventional two-stroke marine engine discharges<br />approximately 25 percent of its fuel, unburned, during the normal<br />course of operation. As a result, a two-stroke marine engine can<br />emit a significant quantity of toxic constituents of gasoline and oil<br />into the water and air, including, 1,3-butadiene, benzene, toluene,<br />xylene, methyl tertiary butyl ether, and polycyclic aromatic<br />hydrocarbons.<br /> (b) The cumulative discharge of fuel and exhaust from two-stroke<br />marine engines represents one of the state's most significant sources<br />of toxic water pollution and accounts for approximately 30 percent<br />of the total hydrocarbon emissions from nonroad sources.<br /> (c) Unburned gasoline and oil discharged from two-stroke marine<br />engines contain chemicals known to the state to cause cancer or<br />reproductive toxicity, including, 1,3-butadiene, benzene, and<br />toluene. Section 25249.5 of the Health and Safety Code (Proposition<br />65, November 4, 1986, general election) generally prohibits knowingly<br />discharging or releasing chemicals known to cause cancer or<br />reproductive toxicity into water or onto or into land where those<br />chemicals pass or probably will pass into any source of drinking<br />water.<br /> (d) Unburned gasoline and oil discharged from marine engines are<br />petroleum products. Section 5650 of the Fish and Game Code generally<br />prohibits depositing in, permitting to pass into, or placing where<br />it can pass into the waters of this state any petroleum.<br /> (e) Significant levels of fuel pollution from the operation of<br />marine engines should be considered the same as equivalent levels of<br />pollution from other sources with respect to the enforcement of<br />public health and environmental protection laws and regulations.<br /> (f) Due to the state's reliance on lakes and reservoirs for<br />drinking water storage and the relatively high levels of recreational<br />boating on those lakes and reservoirs, the discharge of fuel from<br />two-stroke marine engines poses a particular threat to the quality of<br />drinking water supplies.<br /> (g) Commercially available marine engine technologies have<br />achieved a decrease in hydrocarbon emissions of as much as 99 percent<br />compared to conventional two-stroke engines, with a corresponding<br />decrease in both fuel cost and consumption, as well as a significant<br />reduction in the threat to drinking water supplies and the marine<br />environment.<br /> (h) In order to ensure the continued compatibility of drinking<br />water with motorized boating and other recreational uses, it shall be<br />the policy of the state to encourage the development and use of the<br />cleanest available marine engine technologies on lakes and reservoirs<br />that serve as domestic water supplies. <br /> SEC. 2. Section 115825 of the Health and Safety Code is amended to<br />read:<br /> 115825. (a) It is hereby declared to be the policy of this state<br />that multiple use should be made of all public water within the<br />state, to the extent that multiple use is consistent with public<br />health and public safety.<br /> (b) Commencing June 1, 2004, recreational uses shall not, with<br />respect to a lake or reservoir that is part of a public drinking<br />water system or that has a designated beneficial use as a municipal<br />water supply in the applicable water quality control plan adopted<br />pursuant to Division 7 (commencing with Section 13000) of the Water<br />Code, include the operation of watercraft propelled by a two-stroke<br />engine that discharges unburned fuel or oil as a function of its<br />design, except with regard to the following:<br /> (1) The operation of watercraft propelled by a two-stroke engine<br />with a power rating of 10 horsepower or less.<br /> (2) The operation of watercraft propelled by a two-stroke engine<br />for any search, rescue, lifesaving, or other emergency response<br />activity conducted by a public agency or authorized private entity<br />when no appropriate watercraft that complies with this subdivision is<br />readily available.<br /> (c) Except as provided in Sections 115840 and 115841, recreational<br />uses shall not, with respect to a reservoir in which water is stored<br />for domestic use, include recreation in which there is bodily<br />contact with the water by any participant.<br /> SEC. 3. <br /> SEC. 2. Section 654.3 is added to the Harbors and Navigation<br />Code, to read:<br /> 654.3. On and after January 1, 1999, <br />2002, no person shall sell or offer for sale at retail in this<br />state any new two-stroke marine engine that discharges<br />unburned fuel or oil as a function of its design.<br />
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