BILL NUMBER: AB 463 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2007
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. An act to amend Section 2
2511.85 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 463, as amended, Huffman. Vessels: California Clean
Ferry Act of 2007: air emissions. Vehicles: disabled
persons: parking.
Existing law authorizes a vehicle that is equipped with a
side-loading lift or ramp that is used for the loading and unloading
of disabled persons to park in not more than 2 adjacent stalls or
spaces in a public off-street parking facility when loading or
unloading disabled persons, under specified circumstances.
This bill would make this provision also applicable to a private
off-street parking facility.
(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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22511.85 of the
Vehicle Code is amended to read:
22511.85. Any A vehicle equipped
with a side-loading lift or ramp that is used for the loading and
unloading of disabled persons a disabled
person may park in not more than two adjacent stalls or spaces
in any a public or private
off-street parking facility when if the ramp
or lift is used for loading or unloading disabled
persons a disabled person , and if
there is no single parking space immediately available within that
facility that is suitable for that purpose including, but not limited
to, when there is not sufficient space to operate a vehicle lift or
ramp or there is not sufficient room for a disabled person to exit
the vehicle or maneuver once outside the vehicle.
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. 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.