Posted on September 23, 2024
Arlington, VA: The American Waterways Operators, the trade association of the American tugboat, towboat and barge industry, is urging California Governor Gavin Newsom to protect mariner and port safety by signing Assembly Bill 1122 into law, noting that an Executive Order recently issued by the California Air Resources Board (CARB) does not fully address the safety, environmental and supply chain risks associated with CARB’s Commercial Harbor Craft rule.
Led by Assemblymember Dr. Jasmeet Bains (D-Bakersfield) and passed by the California Senate and Assembly nearly unanimously with just a single “no” vote, AB 1122 protects mariner lives by ensuring that CARB cannot require the use of equipment such as Diesel Particulate Filters (DPFs) onboard 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 onboard 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.
While AB 1122 awaits the Governor’s signature, CARB recently issued its own Executive Order requiring onboard equipment to contain a bypass-safety system. However, unlike AB 1122, CARB’s Executive Order does not require third-party expert certification, and does not include measures to prevent vessels from being excessively pulled from service to install CARB-mandated equipment. Additionally, unlike AB 1122 which would become law upon Gov. Newsom’s signature and require legislative and executive concurrence to be repealed, an Executive Order from CARB can be unilaterally rescinded at any time.
Jennifer Carpenter, AWO’s President & CEO, commented:
“While we appreciate that CARB’s Executive Order recognizes the need for bypass-safety systems, it remains an incomplete measure that does not address the mariner safety and port efficiency issues created by the Commercial Harbor Craft rule as robustly as does AB 1122, and as an Executive Order does not provide the certainty and stability that legislation signed into law provides. The people of California’s maritime workforce, and the millions of Californians relying on safe and efficient port operations to keep the global supply chain moving, deserve the most effective approach to these challenges, which will be best reflected by Governor Newsom’s signature on AB 1122.”
Capt. Sly Hunter, Northern California regional representative for the International Organization of Masters, Mates & Pilots, a labor union for licensed mariners affiliated with the AFL-CIO, commented:
“Organized labor stands behind AB 1122 and urges Governor Newsom to sign it. The bill provides the necessary safety measures to keep our brothers and sisters safe at sea and it provides greater flexibility than the executive order because the bill language allows for engine upgrades to occur with fewer drydocking all while our supply chain keeps humming.”
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