S. 2766Senate110th Congress (2007-2009)Enacted

Clean Boating Act of 2008

Introduced March 13, 2008

Legislative Activity

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18 earlier actions
Became Law Latest Action

Became Public Law No: 110-288.

July 29, 2008

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SenateIntro Referral

Introduced in Senate

March 13, 2008

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

March 13, 2008

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported without amendment favorably.

May 21, 2008

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 110-398. Additional views filed.

June 23, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 832.

June 23, 2008

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S6981-6983; text as passed Senate: CR S6982-6983)

July 22, 2008

SenateFloor

Message on Senate action sent to the House.

July 22, 2008

HouseFloor

Received in the House.

July 22, 2008 • 2:21 PM

HouseFloor

Held at the desk.

July 22, 2008 • 2:22 PM

HouseFloor

Mr. Oberstar moved to suspend the rules and pass the bill.

July 22, 2008 • 3:15 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H6749-6752)

July 22, 2008 • 3:15 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 2766.

July 22, 2008 • 3:15 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H6749)

July 22, 2008 • 3:31 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H6749)

July 22, 2008 • 3:31 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 22, 2008 • 3:31 PM

SenateAction

Cleared for White House.

July 22, 2008

President

Presented to President.

July 25, 2008

Became Law

Signed by President.

July 29, 2008

Became Law

Became Public Law No: 110-288.

July 29, 2008

Floor Debate

22 members

What members said about S. 2766 on the floor

8 Republicans14 Democrats
John McCain
Sen. John McCainR-AZ · Jul 17, 2007

Reserving the right to object, Mr. President. Mr. President, if this were the first time that a 60-vote requirement were made, I would have some sympathy for the Senator from Illinois. I am having…

Carl Levin
Sen. Carl LevinD-MI · Jul 17, 2007

Mr. President, how much time remains? Mr. President, I yield myself 5 minutes. Mr. President, I think everybody in this body would like to leave Iraq better than we found it. That is not the current…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Jul 17, 2007

I thank the Chair I will yield to the Senator for the purpose of propounding a unanimous consent request but without yielding the floor. Mr. President, responding to the Senator from Georgia, I…

Robert Menendez
Sen. Robert MenendezD-NJ · Jul 17, 2007

Madam President, I rise in strong support of the Levin- Reed amendment. That is the amendment that, unlike the Iraq Study Group, has a date certain for changing and transitioning our mission and…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jul 17, 2007

Reserving the right to object, could we have the next Republican speaker be Senator Alexander? Mr. President, with this political stunt tonight, the Senate has reached the approximate level of the…

Show 8 more
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 17, 2007

Mr. President, I ask that the Chair notify me when I have spoken for 5 minutes. Mr. President, I thank the Senator from Texas for explaining his amendment. But when I hear him describe the Levin-Reed…

Jack Reed
Sen. Jack ReedD-RI · Jul 17, 2007

Mr. President, I thank the Senator for the kind words. And one of my first reactions was a bit of confusion. He referenced General Lamb, the British officer in Baghdad, expressing chagrin at the…

Chuck Hagel
Sen. Chuck HagelR-NE · Jul 17, 2007

Mr. President, I rise this afternoon to support the Levin- Reed amendment. As we know, Iraq is the most important issue facing our country today. The core challenge in Iraq is the cycle of violence,…

Harry Reid
Sen. Harry ReidD-NV · Jul 17, 2007

Mr. President, late this morning, I sent a letter to the distinguished minority leader, Senator Mitch McConnell. I addressed the letter ``Dear Mitch,'' and I will read the letter. There are no more…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 11, 2007

Mr. President, today I am pleased to introduce the Platform Equality and Remedies for Rights-holders in Music Act along with Senators Graham, Biden, and Alexander. The need to protect creative works…

Christopher S. Bond
Sen. Christopher S. BondR-MO · Jul 17, 2007

I object. Mr. President, I would comment that in the process of working out votes, the minority leader has offered to the majority leader to schedule votes on this and other amendments at an…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jul 17, 2007

Mr. President, I welcome the debate on the U.S. role in Iraq, and I urge my colleagues to allow us to vote on the issue. I think each of us was elected to cast our votes and this is the most critical…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 17, 2007

Mr. President, I sat here for the last hour or so and listened to the discussion, and what one concludes is that, once again, we are locked in a debate about the future of Iraq. I think many people…

Show 11 more
Sherrod Brown
Sen. Sherrod BrownD-OH · Jul 17, 2007

I object. The informal order established was Senator Alexander, Senator Landrieu, Senator Lieberman, myself, then a Republican, and then Senator Menendez. I ask unanimous consent that be the order.…

John Cornyn
Sen. John CornynR-TX · Jul 17, 2007

Mr. President, I yield myself 10 minutes. I rise to discuss my amendment which lays out the consequences of a failed state in Iraq. As every parent of a teenager knows, one of the things you have to…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jan 11, 2007

Mr. President, I am introducing with my dear friend, the senior Senator from Hawaii, Dan Inouye, and several of our colleagues from both sides of the aisle, a bill paying tribute to one of this…

John Warner
Sen. John WarnerR-VA · Jul 17, 2007

I object. I thank the Presiding Officer. Mr. President, I am given an opportunity now, which I have been looking forward to, to have a little colloquy with my long-time friend, Senator Levin, now…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 17, 2007

Well, I thank the Chair, and this is a historic night. The Senate will stay in session all night to debate the war in Iraq, something we should be doing. Frankly, Mr. President, we should have done…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Jul 17, 2007

Mr. President, I object. I objected in a timely manner. Mr. President, I know you did not hear me. I do not wish to keep the Finance Committee from meeting, except that we are being held for a very…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jul 17, 2007

Mr. President, we are the greatest country in the world, and that is why I ask unanimous consent that amendment No. 2088 be withdrawn and that at 7 p.m. today the Senate vote on the Levin-Reed…

Maria Cantwell
Sen. Maria CantwellD-WA · Jan 11, 2007

Mr. President, I rise today to join with my colleagues, Senators Specter and Ensign, in reintroducing the Animal Fighting Prohibition Enforcement Act of 2007. This legislation has won the unanimous…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jan 24, 2007

Mr. President, in 2003, Senator Campbell and I, joined by 68 other Senators, introduced a bill that allowed a qualified retired or current law enforcement officer to carry a concealed firearm across…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jul 17, 2007

Madam President, the war in Iraq is the greatest challenge facing our country. Unfortunately, the political debate in Washington has not been conducive to finding a solution, as political divisions…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 24, 2007

Mr. President, I am pleased to join my colleagues, Senators Harkin, Kennedy, Coleman, Pryor, Cantwell, Durbin, Mikulski, Bingaman, Lautenberg and Kerry, in introducing the ``Keeping Families Together…

Bill Text

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Enrolled BillIssued July 24, 2008

One Hundred Tenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

S. 2766

AN ACT

To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.

1.

Short title

This Act may be cited as the Clean Boating Act of 2008 .

2.

Discharges incidental to the normal operation of recreational vessels

Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

(r)

Discharges incidental to the normal operation of recreational vessels

No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other discharge that is incidental to the normal operation of a vessel, if the discharge is from a recreational vessel.

.

3.

Definition

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:

(25)

Recreational vessel

(A)

In general

The term recreational vessel means any vessel that is—

(i)

manufactured or used primarily for pleasure; or

(ii)

leased, rented, or chartered to a person for the pleasure of that person.

(B)

Exclusion

The term recreational vessel does not include a vessel that is subject to Coast Guard inspection and that—

(i)

is engaged in commercial use; or

(ii)

carries paying passengers.

.

4.

Management practices for recreational vessels

Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended by adding at the end the following:

(o)

Management practices for recreational vessels

(1)

Applicability

This subsection applies to any discharge, other than a discharge of sewage, from a recreational vessel that is—

(A)

incidental to the normal operation of the vessel; and

(B)

exempt from permitting requirements under section 402(r).

(2)

Determination of discharges subject to management practices

(A)

Determination

(i)

In general

The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States.

(ii)

Promulgation

The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code.

(iii)

Management practices

The Administrator shall develop management practices for recreational vessels in any case in which the Administrator determines that the use of those practices is reasonable and practicable.

(B)

Considerations

In making a determination under subparagraph (A), the Administrator shall consider—

(i)

the nature of the discharge;

(ii)

the environmental effects of the discharge;

(iii)

the practicability of using a management practice;

(iv)

the effect that the use of a management practice would have on the operation, operational capability, or safety of the vessel;

(v)

applicable Federal and State law;

(vi)

applicable international standards; and

(vii)

the economic costs of the use of the management practice.

(C)

Timing

The Administrator shall—

(i)

make the initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and

(ii)

every 5 years thereafter—

(I)

review the determinations; and

(II)

if necessary, revise the determinations based on any new information available to the Administrator.

(3)

Performance standards for management practices

(A)

In general

For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title 5, United States Code, Federal standards of performance for each management practice required with respect to the discharge.

(B)

Considerations

In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B).

(C)

Classes, types, and sizes of vessels

The standards promulgated under this paragraph may—

(i)

distinguish among classes, types, and sizes of vessels;

(ii)

distinguish between new and existing vessels; and

(iii)

provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel.

(D)

Timing

The Administrator shall—

(i)

promulgate standards of performance for a management practice under subparagraph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is reasonable and practicable; and

(ii)

every 5 years thereafter—

(I)

review the standards; and

(II)

if necessary, revise the standards, in accordance with subparagraph (B) and based on any new information available to the Administrator.

(4)

Regulations for the use of management practices

(A)

In general

The Secretary of the department in which the Coast Guard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for recreational vessels as are necessary to meet the standards of performance promulgated under paragraph (3).

(B)

Regulations

(i)

In general

The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards.

(ii)

Effective date

The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations.

(iii)

Consideration of time

In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation.

(5)

Effect of other laws

This subsection shall not affect the application of section 311 to discharges incidental to the normal operation of a recreational vessel.

(6)

Prohibition relating to recreational vessels

After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection.

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate