Amended in Senate April 1, 2013

Senate Bill No. 793

Introduced by Senator Lara

February 22, 2013

An act to begin delete amend end delete begin insert add end insert Section begin delete 43013 of end delete begin insert 39633 to end insert the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL’S DIGEST

SB 793, as amended, Lara. Air pollution begin insert : oceangoing vessels end insert .

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Existing law regulates air emissions from cruise ship engines and oceangoing ship engines. Regulations of the State Air Resources Board limit the time during which auxiliary diesel engines of container vessels, passenger vessels, and refrigerated cargo vessels are operated while those vessels are docked at berth at a California port.

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This bill would deem an oceangoing vessel, as defined, that meets specified requirements to have met the limitations on hours of operation of auxiliary diesel engines while at berth for that vessel visit. The bill would require an oceangoing vessel that is equipped to receive shore power to conduct the testing and inspection necessary to validate the safety of utilizing the shore power equipment during its current and future visits to that berth upon each initial visit by that vessel to specified marine terminals. The bill would require an oceangoing vessel that exceeds specified hours of service limitations because the testing and safety inspections of the equipment on the vessel that allows the use of electricity from the terminal have not validated the safety of the equipment to be subject to these provisions under specified circumstances.

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Existing law requires the State Air Resources Board to adopt standards and regulations for motor vehicles, off-road or nonvehicle engine categories, and portable fuel containers and spouts, in order to control the emissions of air contaminants.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) The state has adopted the world’s most comprehensive
regulation of air emissions from vessels while at berth and on
January 1, 2014, will lead a pioneering effort to utilize onshore
power at various ports throughout the state.

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(b) Safe and successful implementation of the state’s at-berth
regulations will provide significant improvements in air quality
resulting from the reduction of air emissions from oceangoing
vessels.

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(c) Compliance with these at-berth regulations has and will
continue to require extensive and multibillion dollar capital
investments in shore power infrastructure both onshore, by marine
terminals, ports, and electric utilities, and onboard numerous
oceangoing vessels, including container, cruise, and refrigerated
ships.

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(d) Given the lack of international standards that govern the
modification of vessels for shore power, requirements for new
vessel construction, shoreside installation of shore power, and the
provision of shore power to vessels, vessels that are initially
attempting to comply with the regulations must test and validate
shoreside power interactions in order to certify those connections
as safe and successful.

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(e) To facilitate compliance with the at-berth regulations, all
vessels that have completed all of the retrofits, improvements, or
equipment modifications necessary to comply with the rules and
that visit a terminal that also has been properly outfitted with a
shore power installation must be afforded the opportunity to
successfully test their equipment and establish a safe interface
between the vessel and the shoreside equipment.

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(f) Vessels that attempt to comply with the state’s at-berth
regulations in good faith should avoid the application of penalties
in the case of exigent circumstances and should be allowed to
make the adjustments and calibrations necessary to be certified
as safe and successful as soon as possible.

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begin insert SEC. 2. end insert   

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begin insert Section 39633 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 39633. end insert   

(a) For purposes of this section, “oceangoing vessel”
means a commercial, government, or military vessel meeting any
one of the following:

(1) A vessel greater than or equal to 400 feet in overall length
as defined in Section 679.2 of Title 50 of the Code of Federal
Regulations, as adopted June 19, 1996.

(2) A vessel greater than or equal to 10,000 gross tons pursuant
to the convention measurement as defined in Sections 69.51 to
69.61, inclusive, of Title 46 of the Code of Federal Regulations,
as adopted September 12, 1989.

(3) A vessel propelled by a marine compression ignition engine
with a per-cylinder displacement of greater than or equal to 30
liters.

(b) It is the intent of the Legislature in enacting this section to
encourage full compliance with Section 93118.3 of Subchapter
7.5 of Chapter 1 of Division 3 of Title 17 of the California Code
of Regulations for oceangoing vessels in a manner that avoids any
situation that threatens the safety of any vessel, the vessel’s crew,
cargo, or equipment, or any personnel, equipment, or cargo on a
marine terminal that may arise from an event beyond the control
of the master of a vessel that is attempting to certify its ability to
safely utilize shore power.

(c) (1) An oceangoing vessel that meets the requirements of
this section shall be deemed to have met the limitations on hours
of operation of auxiliary diesel engines while at berth for that
vessel visit.

(2) All visits made pursuant to this section shall be counted
toward compliance with the minimum-visit requirements of the
vessel’s fleet and the onboard auxiliary generation associated with
each visit made pursuant to this section shall be excluded from
the vessel’s fleet’s power reduction calculations.

(d) Upon each initial visit by an oceangoing vessel that is
equipped to receive shore power to a marine terminal with a berth
equipped to provide compatible shore power, the vessel shall
conduct the testing and inspection necessary to validate the safety
of utilizing the shore power equipment during its current and future
visits to that berth.

(e) An oceangoing vessel that exceeds the hours of service
limitations under Section 93118.3 of Subchapter 7.5 of Chapter 1
of Division 3 of Title 17 of the California Code of Regulations
because the testing and safety inspections of the equipment on the
vessel that allows the use of electricity from the terminal have not
validated the safety of the equipment shall be subject to this section
if all of the following apply:

(1) The master of the vessel has made the necessary effort to
complete testing and inspection.

(2) The master of the vessel has notified the state board.

(3) The master of the vessel properly recorded the discussion
of the testing and validation of the onboard equipment, detailing
any lack of compatibility that prevents the usage of shore power
equipment. This discussion shall include the date when the testing
and validation commenced, identification of when and description
of any lack of compatibility or invalidation of equipment, and the
dates and description of each effort to remedy the lack of
compatibility or invalidation, including efforts to repair or modify.

(4) Any repairs or modifications necessary to complete the
testing or safety inspection have been ordered or scheduled for
completion at the earliest practicable time, provided those repairs
or modifications are scheduled for completion no later than the
next visit by the vessel to a berth properly equipped to provide
shore power.

(f) This section does not preclude a vessel that suffers from
equipment failure subsequent to the testing and validation of any
equipment, as provided pursuant to this section, from exercising
the optional operational requirements pursuant to Section
93118.3(d)(1)(I)(3) of Subchapter 7.5 of Chapter 1 of Division 3
of Title 17 of the California Code of Regulations, or from
complying with the reporting and recordkeeping requirements
pursuant to Section 93118.3(g)(1)(B)1g of Subchapter 7.5 of
Chapter 1 of Division 3 of Title 17 of the California Code of
Regulations.

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SECTION 1.  

Section 43013 of the Health and Safety Code is
amended to read:

43013.  

(a) The state board shall adopt and implement motor
vehicle emission standards, in-use performance standards, and
motor vehicle fuel specifications for the control of air contaminants
and sources of air pollution which the state board has found to be
necessary, cost effective, and technologically feasible, to carry out
the purposes of this division, unless preempted by federal law.

(b) The state board shall, consistent with subdivision (a), adopt
standards and regulations for light-duty and heavy-duty motor
vehicles, medium-duty motor vehicles, as determined and specified
by the state board, portable fuel containers and spouts, and off-road
or nonvehicle engine categories, including, but not limited to,
off-highway motorcycles, off-highway vehicles, construction
equipment, farm equipment, utility engines, locomotives, and, to
the extent permitted by federal law, marine vessels.

(c) Prior to adopting standards and regulations for farm
equipment, the state board shall hold a public hearing and find and
determine that the standards and regulations are necessary, cost
effective, and technologically feasible. The state board shall also
consider the technological effects of emission control standards
on the cost, fuel consumption, and performance characteristics of
mobile farm equipment.

(d) Notwithstanding subdivision (b), the state board shall not
adopt any standard or regulation affecting locomotives until the
final study required under Section 5 of Chapter 1326 of the Statutes
of 1987 has been completed and submitted to the Governor and
Legislature.

(e) Prior to adopting or amending any standard or regulation
relating to motor vehicle fuel specifications pursuant to this section,
the state board shall, after consultation with public or private
entities that would be significantly impacted as described in
paragraph (2) of subdivision (f), do both of the following:

(1) Determine the cost-effectiveness of the adoption or
amendment of the standard or regulation. The cost-effectiveness
shall be compared on an incremental basis with other mobile source
control methods and options.

(2) Based on a preponderance of scientific and engineering data
in the record, determine the technological feasibility of the adoption
or amendment of the standard or regulation. That determination
shall include, but is not limited to, the availability, effectiveness,
reliability, and safety expected of the proposed technology in an
application that is representative of the proposed use.

(f) Prior to adopting or amending any motor vehicle fuel
specification pursuant to this section, the state board shall do both
of the following:

(1) To the extent feasible, quantitatively document the
significant impacts of the proposed standard or specification on
affected segments of the state’s economy. The economic analysis
shall include, but need not be limited to, the significant impacts
of any change on motor vehicle fuel efficiency, the existing motor
vehicle fuel distribution system, the competitive position of the
affected segment relative to border states, and the cost to
consumers.

(2) Consult with public or private entities that would be
significantly impacted to identify those investigative or preventive
actions that may be necessary to ensure consumer acceptance,
product availability, acceptable performance, and equipment
reliability. The significantly impacted parties shall include, but
need not be limited to, fuel manufacturers, fuel distributors,
independent marketers, vehicle manufacturers, and fuel users.

(g) To the extent that there is any conflict between the
information required to be prepared by the state board pursuant to
subdivision (f) and information required to be prepared by the state
board pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, the
requirements established under subdivision (f) shall prevail.

(h) It is the intent of the Legislature that the state board act as
expeditiously as is feasible to reduce nitrogen oxide emissions
from diesel vehicles, marine vessels, and other categories of
vehicular and mobile sources that significantly contribute to air
pollution problems.

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