(ARLINGTON, Va.) — The American Waterways Operators (AWO) is commending the California Legislature’s recent passage of Assembly Bill 1122 as a major milestone in protecting mariner safety and port operations stability on the state’s waterways.
Led by Assemblymember Dr. Jasmeet Bains, D-Bakersfield, AB 1122 protects mariner lives by ensuring that the California Air Resources Board (CARB) cannot require the use of equipment such as diesel particulate filters (DPFs) on commercial vessels unless it contains a bypass-safety system and is certified as safe by third-party experts; and ensures safety and stability in California port operations by giving vessel operators increased flexibility to install CARB-mandated equipment during already-scheduled vessel inspection periods, so that vessels performing essential port functions are not excessively pulled out of service.
The need for this bill was prompted by CARB’s efforts to lower emissions through application of its commercial harbor craft rule. As written, the rule requires installation of DPFs on tugboats, dredges and other vessels critical to California’s supply chain. DPFs, however, are not commercially available for maritime engines and have been linked to fires when used in the trucking industry.
The U.S. Coast Guard had previously informed CARB of its own safety concerns surrounding the rule’s DPF requirement, noting that it would not enforce the rule with that requirement in place.
The rule currently also requires vessels be pulled out of service for the mandated engine upgrades separately from their already-scheduled dry-dock vessel inspections. By aligning the engine upgrade requirements with dry-dock inspection periods, AB 1122 prevents shortages of vessels to provide ship assist, escort, and other vital services needed to keep port operations running safely and efficiently.
“The passage of AB 1122 is a critical development for mariner safety, sustainability, and the California and global supply chain,” said Jennifer Carpenter, AWO’s president and CEO. “As the most sustainable mode of freight transportation in the United States, we share CARB’s goal of lowering emissions. But the (rule) as written will create fire hazards that put mariners in harm’s way, and will reduce the availability of vessels essential to safe and efficient port operations – operations that are the backbone of California’s status as a global trade and renewable energy leader. We urge Gov. Newsom to protect California mariners, and keep California ports running safely and efficiently, by signing AB 1122 into law.”
– American Waterways Operators