California Air Resources Board

Summary

Would have prohibited CARB from enforcing the requirements of the Ocean-Going Vessels at Berth regulation for tanker vessels carrying petroleum crude or petroleum products by two years. Tanker vessels visiting the Port of Los Angeles or Long Beach would have needed to comply with the regulation beginning January 1, 2027, instead of January 1, 2025, and tanker vessels visiting any other port in the State would have been required to comply with the regulation beginning January 1, 2029, instead of January 1, 2027. Remains at the Assembly Desk of the Second Extraordinary Session.

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Summary 

Would have established a freight coordinator, as appointed by the Governor, to serve as the advisory and coordinating entity for the Governor’s Office of Business and Economic Development. The freight coordinator would have: 1) advised and coordinated policies that promote the growth, competitiveness, and sustainability for freight and the supply chain across the State, 2) promoted and assessed the continued economic vitality and sustainability of the freight sector, 3) advised the Governor and director on issues affecting the State’s freight and supply chain, including economic strategy, investment, improvements in technology, policy, and regulations, and 4) worked directly with specified State agencies including CARB, to address and discuss ongoing freight and supply chain issues. Held on suspense in the Assembly Appropriations Committee.

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Summary 

Would have required CARB to create a cargo handling equipment (CHE) program and to approve as "covered equipment" specified CHE that would reduce cumulative emissions at seaports and intermodal yards. The bill would have defined covered equipment as hydrogen-powered CHE or off-road hybridized rubber-tired gantry cranes that significantly reduces criteria pollutants, toxic air contaminants and greenhouse gases (GHG). An application to certify covered equipment would have been required to be approved by CARB if the applicant demonstrated that: 1) the total surplus emissions from covered equipment were lower cumulative emissions than the emissions resulting from compliance with the current CHE regulation pursuant to the methodology established by this bill, or 2) the equipment met European Union technical standards for zero emission. The bill would have required CARB to certify CHE as covered equipment if the applicant of CHE demonstrates to CARB that the equipment satisfies specific demonstrations regarding cumulative and immediate emission reductions of GHGs, nitrogen oxides, and particulate matter, as well as determine the useful life of each piece of CHE equipment. Held on suspense in the Assembly Appropriations Committee.

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Summary 

Would have directed CARB to work with the California Transportation Commission (CTC) and Department of Housing and Community Development to create guidance for the programming of projects that expand the physical footprint of a highway to address the impact on the highest 10% of CalEnviroScreen communities. The bill would have required that this guidance be incorporated into the programming cycle, starting January 1, 2028. The bill would have required CTC to "establish a target" to use 15% of annual funds for investments in zero-emission infrastructure, beginning in cycle starting after January 1, 2025, and increase that by 5% each year, until setting the goal of 50%. Held on suspense in the Assembly Appropriations Committee.

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Summary 

Would have authorized the expansion of the existing Protecting Blue Whales and Blue Skies Program to a single unified statewide voluntary vessel speed reduction and sustainable shipping program. The bill would have required the Ocean Protection Council (Council) and CARB to participate as advisers as well as stakeholders with coastal local air districts and other stakeholders, subject to funding availability. Participating local air districts would have been required to submit a legislative report by December 31, 2028. Held on suspense in the Senate Appropriations Committee.

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Bill Summary

Would have required CARB to create a Lower Emissions Transition Program and establish eligibility guidelines and approve projects that reduce cumulative emissions from cargo handling equipment (CHE) sources at seaports in the state during the transition period to zero-emissions CHE requirements. The bill would have prohibited the approval of a project after the compliance date required by any applicable statute, regulation, or rule that requires a change in equipment to a zero-emission standard. The bill would have required CARB to establish an application fee to be deposited in the Air Pollution Control Fund. Held on suspense in the Assembly Appropriations Committee.

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Summary 

Would have prohibited CARB from requiring the San Francisco bar pilots, serving the bays of Monterey, San Francisco, San Pablo and Suisun, to replace a pilot station boat before the end of the boat's useful life. CARB’s Commercial Harbor Craft regulation requires an earlier implementation date for the pilot vessels. The bill would have required the useful life to be between 25 and 35 years from the date the boat was commissioned and be determined by CARB in consultation with the Board of Pilot Commissioners and an accredited marine surveyor.

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Governor’s Veto Message

To the Members of the California State Assembly:

I am returning Assembly Bill 1296 without my signature.

This bill would prohibit state regulations, namely the Commercial Harbor Craft (CHC) regulation, from requiring the San Francisco Bar Pilots to replace pilot station vessels with lower-emitting vessels, unless such a regulation authorizes its replacement at the end of the vessel's useful life, prescribed as between 25 and 35 years.

In 2020, I issued Executive Order (EO) N-79-20, which directed the California Air Resources Board (CARB), among other things, to develop strategies to transition to 100 percent zero-emission off-road vehicles, vessels, and equipment by 2035, where feasible.  Under this EO, CARB amended the CHC regulation to accelerate emission reductions while providing safe, feasible, and flexible compliance options for affected vessels, including compliance extensions of up to six additional years for pilot station vessels beyond the compliance dates of December 2024 and December 2025.

While I recognize the challenges of adopting new technologies, California must work diligently to reduce air pollution that fouls our air and greenhouse gas emissions that contribute to our rapidly changing climate.  In addition, this amendment to the CHC rule would require CARB to resubmit its request for authorization to the U.S. Environmental Protection Agency (U.S. EPA) - a step that would delay the U.S. EPA's final decision and undo months of work.  Delays in receiving that federal authorization would deprive local communities of the substantial public health benefits associated with the regulations and compromise the State's ability to meet our federally mandated air quality standards.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

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Summary 

Would have required CARB to replace the implementation schedule of the Commercial Harbor Craft regulation with a vessel’s individual Coast Guard inspection schedule or within 30 months, whichever occurred first after any applicable compliance extensions have expired. This bill would have also required a diesel particulate filter retrofitted onto a commercial harbor craft engine to include an override or bypass safety system, designed and installed by the manufacturer. This bill would have required the override/bypass to include an electric monitoring and tracking system to track each time the system was used.  This bill would have required, within 30 days of use of the system, the owner or operator to report the use of the override/bypass system to the manufacturer and to CARB.

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Governor’s Veto Message

To the Members of the California State Assembly:

I am returning Assembly Bill 1122 without my signature.

This bill would make multiple changes to the California Air Resources Board 's (CARB) Commercial Harbor Craft (CHC) regulation, including the delay of certain compliance dates and an override system for diesel particulate filter devices with a detailed monitoring, tracking, and reporting system.

In 2020, I issued Executive Order (EO) N-79-20 which directed CARB, among other things, to develop strategies to transition to 100 percent zero-emission offroad vehicles and equipment by 2035, where feasible.  Pursuant to this EO, CARB amended the CHC regulation to accelerate emission reductions while providing safe, feasible, and flexible compliance options for affected vessels.  Unfortunately, this bill undermines this balance and jeopardizes our clean air goals.

While I recognize the challenges and concerns of adopting new technologies and approaches, Californians deserve and benefit from clean air and from the avoidance of greenhouse gas emissions that contribute to our rapidly changing climate.  With that, I encourage operators of the affected vessels to work towards meeting the CHC regulations, and if there are insurmountable challenges, to continue to work with CARB to explore additional and alternative compliance pathways.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

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Summary

Would have required the Ocean Protection Council (Council) by January 1, 2026, to implement a statewide voluntary vessel speed reduction and sustainable shipping program, as specified, for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would have required the Council to coordinate with the coastal local air districts and consult with various entities, including CARB, on the program. Held on suspense in the Senate Appropriations Committee.

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Summary

This is a spot bill to enact subsequent legislation to reduce emissions at the ports of California. Remains in the Senate Rules Committee.

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