BILL NUMBER: AB 463	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 20, 2007

   An act to amend the heading of Chapter 3.3 (commencing with
Section 39630) of, and to add Article 2 (commencing with Section
39640) and the heading of Article 1 (commencing with Section 39630)
to Chapter 3.3 of, Part 2 of Division 26 of, the Health and Safety
Code, relating to vessels.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 463, as introduced, Huffman. Vessels: California Clean Ferry
Act of 2007: air emissions.
   (1) Existing law establishes the State Air Resources Board as
having responsibility for the control of motor vehicle emissions and
to protect air quality from increasing volumes of cruise ship engine
and oceangoing ship engine emissions. The state board is required to
adopt standards, rules, and regulations necessary for the proper
execution of its powers and duties. Existing law generally provides
that a violation of any regulation of the state board is a crime.
   This bill would require all new diesel powered ferries operating
in the waters of this state, to meet certain specified air emissions
standards. The air emissions standards would be enforced by the state
board, and the state board would be authorized to adopt standards,
rules, and regulations for that purpose.
   Because this bill would create a new crime, this bill would impose
a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Chapter 3.3 (commencing with Section
39630) of Part 2 of Division 26 of the Health and Safety Code is
amended to read:
      CHAPTER 3.3.   CRUISE SHIPS AND OCEANGOING SHIPS
  VESSELS 


  SEC. 2.  The heading of Article 1 (commencing with Section 39630)
is added to Chapter 3.3 of Part 2 of Division 26 of the Health and
Safety Code, to read:

      Article 1.  Cruise Ships and Oceangoing Ships


  SEC. 3.  Article 2 (commencing with Section 39640) is added to
Chapter 3.3 of Part 2 of Division 26 of the Health and Safety Code,
to read:

      Article 2.  The California Clean Ferry Act of 2007


   39640.  The Legislature finds and declares all of the following:
   (a) It is in the interests of all Californians to protect air
quality from increasing volumes of diesel-powered ferry engine
emissions due to expanding fleets.
   (b) While new ferry operations may offer certain benefits to
Californians, diesel-powered ferry engines emit more air pollution
per passenger mile than land based transportation modes.
   (c) All new diesel-powered ferries in this state shall meet the
same air quality standards currently set forth in statutes governing
the expansion of ferry service in the San Francisco Bay.
   39641.  As used in this article, unless the context clearly
requires a different meaning:
   (a) "Diesel engine" means an internal combustion,
compression-ignition engine designed to burn diesel fuel.
   (b) "Diesel-powered" means a ferry equipped with and powered by a
diesel engine.
   (c) "Ferry" means a vessel engaged in the commercial transport of
passengers with the capacity to transport 75 or more passengers,
including, but not limited to, ferries engaged in commuter service,
excursions, charter service, waterborne transit, or emergency
response service.
   (d) "New ferry" means any of the following:
   (1) A ferry where the engine was installed on or after January 1,
2008.
   (2) A ferry that had its keel laid on or after January 1, 2008.
   (3) A ferry placed into service for the first time on or after
January 1, 2008.
   (e) "Waters of this state" means any waters within the territorial
limits of this state.
   (f) "Recreational vessel" means a vessel that is being used only
for pleasure.
   39642.  (a) Each new diesel-powered ferry operating in the waters
of this state shall meet the air emissions standards established
pursuant to Section 65540.27 of the Government Code.
   (b) The state board shall enforce this article and may adopt
standards, rules, and regulations for that purpose pursuant to
Section 39601.
   (c) This section shall not apply to recreational vessels, cruise
ships, and oceangoing vessels.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.