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: (Enrolled) 2024-09-11 - Enrolled and presented to the Governor at 4 p.m. [AB1122 Detail]

Download: California-2023-AB1122-Amended.html

Amended IN Senate May 29, 2024

Amended IN Senate May 01, 2024

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
(Principal coauthor: Assembly Member Gipson)
(Coauthor: Assembly Member Villapudua)

February 15, 2023

An act to add Section 654.4 to the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL'S DIGEST

AB 1122, as amended, Bains. ~~Vessels:~~ Commercial harbor craft: 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. Existing regulations require the installation of a new engine or the retrofit of an existing engine in certain harbor craft to reduce emissions of air pollutants, as specified.

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 by at least one authorized classification society, as defined, and not void any existing warranty provided by the manufacturer of the engine or propulsion system. The bill would require aftermarket equipment that could limit a harbor craft’s engine power to include an override or bypass feature that ensures the vessel can be operated at full power. The bill would require the owner or operator to report the use of the override or bypass feature during operation, as specified.
This bill would require a diesel particulate filter that is retrofitted onto the engine of certain commercial harbor craft to include an override or bypass safety system that ensures that the commercial harbor craft can maintain a safe level of propulsion in the event of an emergency situation, as specified. The bill would require the manufacturer of an override or bypass safety system to design, install, and provide certain documentation regarding the override or bypass safety system, as specified. The bill would require the owner or operator of a commercial harbor craft that uses an override or bypass safety system to report the use and retain records regarding the use, as specified. This bill would delay the regulatory requirement to install a new engine or retrofit an existing engine in certain harbor craft, as specified.

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 all of the following:

(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~~ spending, which 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 to the safe ~~transport~~ transportation 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.~~
(1) (A) “Commercial harbor craft” means a vessel regulated under 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.
(B) “Commercial harbor craft” does not include a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.
(2) “Diesel particulate filter” means an emission control technology that reduces diesel particulate matter emissions in engine exhaust gases by trapping the particles in a flow filter substrate and periodically removes the collected particles by either physical action or by burning off the particles in a process called regeneration.
(3) “Emergency situation” includes, but is not limited to, any time a commercial harbor craft vessel loses engine power or propulsion.
~~(2)~~

(4) “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 applies 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 does 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, meet all applicable United States Coast Guard regulations, and not void any existing warranty provided by the manufacturer of the engine or propulsion system.
(d)Any aftermarket equipment that could limit the engine power of a vessel shall include an override or bypass feature that ensures the vessel can be operated at full power, regardless of the operational status of the installed equipment.
(e)If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the override or bypass feature 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.
(b) A diesel particulate filter retrofitted onto the engine of a commercial harbor craft shall include an override or bypass safety system that ensures that the commercial harbor craft can maintain a safe level of propulsion in the event of an emergency situation. The override or bypass safety system shall be designed so that the diesel particulate filter’s operation may resume immediately after the emergency situation has ended.
(c) The override or bypass safety system shall be designed and installed by its manufacturer as part of the diesel particulate filter.
(d) The override or bypass safety system shall be equipped by its manufacturer with an electric monitoring and tracking system to track each time the override or bypass safety system is used. The manufacturer shall provide written materials to the commercial harbor craft owner or operator regarding both of the following:
(1) The safe and proper use of the override or bypass safety system during an emergency situation.
(2) How to document and report each use of the override or bypass safety system to its manufacturer.
(e) If a commercial harbor craft loses engine power or propulsion during an emergency situation, the owner or operator of the commercial harbor craft may activate the override or bypass safety system.
(f) Within 30 calendar days of the use of an override or bypass safety system, the owner or operator of the commercial harbor craft shall report to the manufacturer of the override or bypass safety system all of the following:
(1) The emergency situation that triggered the use of the override or bypass safety system.
(2) The operational time that the override or bypass safety system was in use.
(3) When the override or bypass safety system was deactivated.
(4) How using the override or bypass safety system mitigated the emergency situation.
(g) The owner or operator of a commercial harbor craft shall maintain a record of information regarding the use of the override or bypass safety system, including the information reported pursuant to subdivision (f). This information shall be made available to the State Air Resources Board upon request.
(h) A commercial harbor craft, subject to inspection pursuant to Section 137.300 of Title 46 of the Code of Federal Regulations and authorized to install a new engine or retrofit an existing engine pursuant to Section 2299.5 of Title 13 or Section 93118.5 of Title 17 of the California Code of Regulations, as those sections were amended in 2022, is not required to comply with the requirement to install a new engine or retrofit an existing engine pursuant to Section 2299.5 of Title 13 or Section 93118.5 of Title 17 of the California Code of Regulations until its next inspection by the United States Coast Guard or third-party organization certification under Section 139.115 of Title 46 of the Code of Federal Regulations.