Bill Text: CA AB1122 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1122

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Commercial harbor craft: equipment.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2024-09-29 - Vetoed by Governor. [AB1122 Detail]

Download: California-2023-AB1122-Amended.html

Amended IN Senate September 13, 2023

Amended IN Assembly April 20, 2023

Amended IN Assembly March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1122

Introduced by Assembly Member Bains

February 15, 2023

An act to ~~amend Sections 14043.2 and 14043.7 of the Welfare and Institutions Code, relating to Medi-Cal.~~ add Section 654.4 to the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL'S DIGEST

AB 1122, as amended, Bains. ~~Medi-Cal provider applications.~~ Vessels: equipment.

Existing law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state.
This bill would require any equipment installed, or modification to accommodate that equipment, that could limit engine power or operational ability of specified commercial harbor craft, to be approved for use with the harbor craft’s propulsion system, as specified, and not void any existing warranty. The bill would require aftermarket equipment that could limit a harbor craft’s engine power or operational ability to include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected. The bill would require the owner or operator to report a vessel’s loss of power during operation, as specified.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
Existing law generally requires an applicant that currently is not enrolled in the Medi-Cal program, a provider applying for continued enrollment, or a provider not currently enrolled at a location where the provider intends to provide services, goods, supplies, or merchandise to a Medi-Cal beneficiary, to submit a complete application package for enrollment, continuing enrollment, or enrollment at a new location or a change in location, as specified.
Existing law requires an applicant or provider, for new or continued enrollment in the Medi-Cal program, to disclose all information as required in federal Medicaid regulations and any other information required by the department, as specified.
This bill would require the Director of Health Care Services to develop a process to allow an applicant or provider to submit an alternative type of primary, authoritative source documentation to meet the requirement of submitting the above-described information. The bill would require the department to document each case of an applicant or provider submitting an alternative type of primary, authoritative source documentation, as specified. The bill would condition implementation of these provisions on lack of conflict with federal law or regulation, federal financial participation not being jeopardized, and receipt of any necessary federal approvals.
Existing law authorizes the department to make unannounced visits to an applicant or provider for the purpose of determining whether enrollment, continued enrollment, or certification is warranted, or as necessary for the administration of the Medi-Cal program. Existing law requires, at the time of the visit, the applicant or provider to demonstrate an established place of business appropriate and adequate for the services billed or claimed to the Medi-Cal program, as specified.
This bill would authorize the applicant or provider to submit its application for enrollment up to 30 days before having an established place of business and have its application considered by the department, to the extent not in conflict with federal law.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares as follows:

(a) California’s natural beauty and 1,100 miles of coastline is a treasured asset that must be protected for the enjoyment of all Californians and to support the employees and businesses that serve tourist spending that exceeds $130 billion annually.
(b) Moreover, the substantial economic activity generated by the domestic maritime transportation industry in California, exceeding $12.2 billion, ranks it fourth among all states.
(c) Engines and propulsion systems on marine vessels are critical to the protection of mariners and the environment and the safe transport of goods. Propulsion systems serve as the only protection against wind, tides, currents, and waves.
(d) Mariners operate vessels in all conditions, including the increasingly powerful atmospheric rivers impacting California.
(e) The safe operation of vessels in open water is essential for protecting mariners that are involved in constructing clean energy wind farms off the coast of California.
(f) Even partial power loss on a vessel can result in catastrophic environmental damage due to the inability to guide ships and tankers safely to port.
(g) Escorting these vessels safely to and from port or conducting rescues in the open ocean is essential to protecting the environment, wildlife, and access to our coast.
(h) During the 2020 port backlog, tankers waiting at West Coast ports contained over 20,000,000 barrels of petroleum products on a single day.
(i) Modern New Panamax ships can carry over 3,000,000 gallons of fuel.
(j) It is essential that California ensures that mariners are not put at risk when equipment fails since rescue could be hours away, even under calm weather.
(k) The National Institute for Occupational Safety and Health concluded that working in a marine environment is five times more likely to lead to a job-related fatality compared to the overall United States workforce.
(l) Vessel classification societies evaluate the seaworthiness, maintenance, and compliance with safety regulations of all vessels to ensure insurance policies can be issued.
(m) Vessel owners are not allowed to obtain insurance for mariners or for environmental protection without the prior approval of any proposed vessel modification by a United States Coast Guard-authorized vessel classification society.

SEC. 2.

Section 654.4 is added to the Harbors and Navigation Code, to read:

654.4.
(a) For purposes of this section, the following definitions apply:
(1) “Authorized classification society” has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.
(2) “Pilot vessel” means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.
(b) (1) Except as provided in paragraph (2), this section shall apply to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.
(2) This section shall not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.
(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to meet applicable United States Coast Guard regulations and to not void any existing warranty.
(d) Any aftermarket equipment that could limit engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, regardless of the operational status of the installed equipment.
(e) If a vessel loses power during operation, the owner or operator of the vessel shall report the use of the automatic override or bypass as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.