[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8726 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8726
To direct the Under Secretary of Commerce for Oceans and Atmosphere of
the National Oceanic and Atmospheric Administration to establish a Blue
Whales and Blue Skies Program to reduce air pollution and harmful
underwater acoustic impacts and the risk of fatal vessel whale strikes
by recognizing voluntary reductions in the speed of vessels transiting
the western coast of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2024
Mr. Carbajal (for himself and Mr. Huffman) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To direct the Under Secretary of Commerce for Oceans and Atmosphere of
the National Oceanic and Atmospheric Administration to establish a Blue
Whales and Blue Skies Program to reduce air pollution and harmful
underwater acoustic impacts and the risk of fatal vessel whale strikes
by recognizing voluntary reductions in the speed of vessels transiting
the western coast of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alan S. Lowenthal Blue Whales, Blue
Skies Act''.
SEC. 2. BLUE WHALES AND BLUE SKIES PROGRAM.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Under Secretary of Commerce for Oceans and
Atmosphere of the National Oceanic and Atmospheric Administration, in
consultation with the Commandant of the Coast Guard and the
Administrator of the Environmental Protection Agency, shall establish
the Blue Whales and Blue Skies Program, to--
(1) reduce air pollution, greenhouse gasses, harmful
underwater acoustic impacts, and the risk of fatal whale
strikes by encouraging voluntary reduction in the speed of
eligible vessels transiting the Program area; and
(2) annually award Blue Whales and Blue Skies Excellence
Awards for verified successful participation in, and compliance
with, the Program by eligible vessels.
(b) Program Requirements.--The Under Secretary shall--
(1) model the Program after the Protecting Blue Whales and
Blue Skies Vessel Speed Reduction Program, which is
administered by the Air Pollution Control Districts of Santa
Barbara, Ventura, San Luis Obispo, Monterey Bay Counties and
the Bay Area Air Quality Management District, the Channel
Islands, Monterey Bay, Cordell Bank, and Greater Farallones
National Marine Sanctuaries, and the California Marine
Sanctuary Foundation, the Environmental Defense Center (a
nonprofit corporation established under the laws of the State
of California as in effect on the date of the enactment of this
Act), and the National Marine Sanctuary Foundation; and
(2) develop the Program in consultation with the entities
referred to in paragraph (1).
(c) Annual Awards.--
(1) In general.--Under the Program, the Under Secretary
shall annually award Blue Whales and Blue Skies Excellence
Awards to owners of eligible vessels that have met the
requirements during the preceding year.
(2) Award conditions.--As a condition of an award under
this subsection, each eligible vessel of the awardee shall, at
a minimum transit the Program area at a speed of 10 knots or
lower, or, in certain circumstances described by the Under
Secretary in guidance established under the Program, below a
different maximum speed.
(d) Official Logo.--The Under Secretary shall create an official
logo to be recognized as the symbol of excellence in compliance with
the Program.
(e) Use of Official Logo.--Subject to any licencing requirements,
the logo described in subsection (d) may be used by shipping companies
with eligible vessels for which a Blue Whales and Blue Skies Excellence
Award is awarded under this section, as long as the logo is displayed
alongside--
(1) the name of the shipping company;
(2) the year for which such award was made; and
(3) the percentage of distance traveled by a participating
vessel at a reduced speed through the Program area by eligible
vessels of the shipping company in such year that the shipping
company was in compliance with the Program, calculated as the
percentage of distance traveled by a vessel at 10 knots or
lower through the Program area by all vessels of the shipping
company in such year, excluding transits directed by the Coast
Guard to proceed in excess of the speed requirements of the
Program.
(f) Extension of Program.--No later than 4 years after the date of
the enactment of this Act, the Under Secretary shall--
(1) consider the feasibility of extending the program to
encompass all shipping channels along the United States Pacific
coast between Canada and Mexico; and
(2) report the findings and recommendations under paragraph
(1) to the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of
Representatives, and to the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Limitations.--Nothing in this section shall be construed--
(1) to require participation in the Program;
(2) to authorize appropriations for, or the provision of,
any financial incentive for participation in the Program; or
(3) to authorize any action that affects navigation safety.
(h) Definitions.--In this section:
(1) Eligible vessel.--The term ``eligible vessel'' means a
vessel that is 300 gross tons or greater and has been approved
by the Under Secretary to participate in the program.
(2) Program.--The term ``Program'' means the Blue Whales
and Blue Skies Program established under this section.
(3) Program area.--The term ``Program area''--
(A) means the marine area surrounding the western
coast of the United States, as is designated by the
Under Secretary for purposes of this section; and
(B) includes, at a minimum, the geographic area
identified in the existing Vessel Reduction Program
described in subsection (b)(1).
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