AWO urges speedy signature of California AB 1122 to protect mariner safety

The California legislature has now passed Assemblymember Dr. Jasmeet Bains’ measure (AB 1122) that would prevent the California Air Resources Board (CARB) from enforcing a potentially deadly requirement in its harbor craft regulations. That requirement would force operators to install unproven and uncertified diesel particulate filters (DPF), widely seen as a fire hazard.

The American Waterways Operators, the trade association of the American tugboat, towboat and barge industry, is commending the passage of AB 1122 as a major milestone in protecting mariner safety and port operations stability on California’s waterways.

“The passage of AB 1122 is a critical development for mariner safety, sustainability, and the California and global supply chain,” said AWO president and CEO Jennifer Carpenter. “As the most sustainable mode of freight transportation in the United States, we share CARB’s goal of lowering emissions. But the CHC 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 Governor Newsom to protect California mariners, and keep California ports running safely and efficiently, by signing AB 1122 into law.”

AB 1122 protects mariner lives by ensuring that the California Air Resources Board 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 bill was voted on favorably in several Senate and Assembly committees, and then passed by the entire Senate and Assembly, by overwhelming margins, notes AWO.

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. The U.S. Coast Guard had previously informed CARB of its own safety concerns surrounding the CHC rule’s DPF requirement, noting that it would not enforce the CHC rule with that requirement in place.

The CHC rule currently also requires vessels be pulled out of service for the mandated engine upgrades separately from their already-scheduled dry dock 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.