California 2023 2023-2024 Regular Session

California Assembly Bill AB1122 Amended / Bill

Filed 05/01/2024

                    Amended IN  Senate  May 01, 2024 Amended IN  Senate  September 13, 2023 Amended IN  Assembly  April 20, 2023 Amended IN  Assembly  March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1122Introduced by Assembly Member Bains(Coauthor: Assembly Member Villapudua)February 15, 2023An act to add Section 654.4 to the Harbors and Navigation Code, relating to vessels.LEGISLATIVE COUNSEL'S DIGESTAB 1122, as amended, Bains. Vessels: equipment.Existing law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state.This bill would require any equipment installed, or modification to accommodate that equipment, that could limit engine power or operational ability of specified commercial harbor craft, to be approved for use with the harbor crafts propulsion system, as specified, by at least one authorized classification society, as defined, and not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system. The bill would require aftermarket equipment that could limit a harbor crafts engine power or operational ability to include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected. vessel can be operated at full power. The bill would require the owner or operator to report a vessels loss of power the use of the override or bypass feature during operation, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares as follows: all of the following:(a) Californias natural beauty and 1,100 miles of coastline is a treasured asset that must be protected for the enjoyment of all Californians and to support the employees and businesses that serve tourist spending that exceeds $130 billion annually.(b) Moreover, the substantial economic activity generated by the domestic maritime transportation industry in California, exceeding $12.2 billion, ranks it fourth among all states.(c) Engines and propulsion systems on marine vessels are critical to the protection of mariners and the environment and the safe transport of goods. Propulsion systems serve as the only protection against wind, tides, currents, and waves.(d) Mariners operate vessels in all conditions, including the increasingly powerful atmospheric rivers impacting California.(e) The safe operation of vessels in open water is essential for protecting mariners that are involved in constructing clean energy wind farms off the coast of California.(f) Even partial power loss on a vessel can result in catastrophic environmental damage due to the inability to guide ships and tankers safely to port.(g) Escorting these vessels safely to and from port or conducting rescues in the open ocean is essential to protecting the environment, wildlife, and access to our coast.(h) During the 2020 port backlog, tankers waiting at West Coast ports contained over 20,000,000 barrels of petroleum products on a single day.(i) Modern New Panamax ships can carry over 3,000,000 gallons of fuel.(j) It is essential that California ensures that mariners are not put at risk when equipment fails since rescue could be hours away, even under calm weather.(k) The National Institute for Occupational Safety and Health concluded that working in a marine environment is five times more likely to lead to a job-related fatality compared to the overall United States workforce.(l) Vessel classification societies evaluate the seaworthiness, maintenance, and compliance with safety regulations of all vessels to ensure insurance policies can be issued.(m) Vessel owners are not allowed to obtain insurance for mariners or for environmental protection without the prior approval of any proposed vessel modification by a United States Coast Guard-authorized vessel classification society.SEC. 2. Section 654.4 is added to the Harbors and Navigation Code, to read:654.4. (a) For purposes of this section, the following definitions apply:(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.

 Amended IN  Senate  May 01, 2024 Amended IN  Senate  September 13, 2023 Amended IN  Assembly  April 20, 2023 Amended IN  Assembly  March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1122Introduced by Assembly Member Bains(Coauthor: Assembly Member Villapudua)February 15, 2023An act to add Section 654.4 to the Harbors and Navigation Code, relating to vessels.LEGISLATIVE COUNSEL'S DIGESTAB 1122, as amended, Bains. Vessels: equipment.Existing law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state.This bill would require any equipment installed, or modification to accommodate that equipment, that could limit engine power or operational ability of specified commercial harbor craft, to be approved for use with the harbor crafts propulsion system, as specified, by at least one authorized classification society, as defined, and not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system. The bill would require aftermarket equipment that could limit a harbor crafts engine power or operational ability to include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected. vessel can be operated at full power. The bill would require the owner or operator to report a vessels loss of power the use of the override or bypass feature during operation, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  May 01, 2024 Amended IN  Senate  September 13, 2023 Amended IN  Assembly  April 20, 2023 Amended IN  Assembly  March 09, 2023

Amended IN  Senate  May 01, 2024
Amended IN  Senate  September 13, 2023
Amended IN  Assembly  April 20, 2023
Amended IN  Assembly  March 09, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1122

Introduced by Assembly Member Bains(Coauthor: Assembly Member Villapudua)February 15, 2023

Introduced by Assembly Member Bains(Coauthor: Assembly Member Villapudua)
February 15, 2023

An act to add Section 654.4 to the Harbors and Navigation Code, relating to vessels.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1122, as amended, Bains. Vessels: equipment.

Existing law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state.This bill would require any equipment installed, or modification to accommodate that equipment, that could limit engine power or operational ability of specified commercial harbor craft, to be approved for use with the harbor crafts propulsion system, as specified, by at least one authorized classification society, as defined, and not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system. The bill would require aftermarket equipment that could limit a harbor crafts engine power or operational ability to include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected. vessel can be operated at full power. The bill would require the owner or operator to report a vessels loss of power the use of the override or bypass feature during operation, as specified.

Existing law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state.

This bill would require any equipment installed, or modification to accommodate that equipment, that could limit engine power or operational ability of specified commercial harbor craft, to be approved for use with the harbor crafts propulsion system, as specified, by at least one authorized classification society, as defined, and not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system. The bill would require aftermarket equipment that could limit a harbor crafts engine power or operational ability to include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected. vessel can be operated at full power. The bill would require the owner or operator to report a vessels loss of power the use of the override or bypass feature during operation, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares as follows: all of the following:(a) Californias natural beauty and 1,100 miles of coastline is a treasured asset that must be protected for the enjoyment of all Californians and to support the employees and businesses that serve tourist spending that exceeds $130 billion annually.(b) Moreover, the substantial economic activity generated by the domestic maritime transportation industry in California, exceeding $12.2 billion, ranks it fourth among all states.(c) Engines and propulsion systems on marine vessels are critical to the protection of mariners and the environment and the safe transport of goods. Propulsion systems serve as the only protection against wind, tides, currents, and waves.(d) Mariners operate vessels in all conditions, including the increasingly powerful atmospheric rivers impacting California.(e) The safe operation of vessels in open water is essential for protecting mariners that are involved in constructing clean energy wind farms off the coast of California.(f) Even partial power loss on a vessel can result in catastrophic environmental damage due to the inability to guide ships and tankers safely to port.(g) Escorting these vessels safely to and from port or conducting rescues in the open ocean is essential to protecting the environment, wildlife, and access to our coast.(h) During the 2020 port backlog, tankers waiting at West Coast ports contained over 20,000,000 barrels of petroleum products on a single day.(i) Modern New Panamax ships can carry over 3,000,000 gallons of fuel.(j) It is essential that California ensures that mariners are not put at risk when equipment fails since rescue could be hours away, even under calm weather.(k) The National Institute for Occupational Safety and Health concluded that working in a marine environment is five times more likely to lead to a job-related fatality compared to the overall United States workforce.(l) Vessel classification societies evaluate the seaworthiness, maintenance, and compliance with safety regulations of all vessels to ensure insurance policies can be issued.(m) Vessel owners are not allowed to obtain insurance for mariners or for environmental protection without the prior approval of any proposed vessel modification by a United States Coast Guard-authorized vessel classification society.SEC. 2. Section 654.4 is added to the Harbors and Navigation Code, to read:654.4. (a) For purposes of this section, the following definitions apply:(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.

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

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

SECTION 1. The Legislature finds and declares as follows: all of the following:(a) Californias natural beauty and 1,100 miles of coastline is a treasured asset that must be protected for the enjoyment of all Californians and to support the employees and businesses that serve tourist spending that exceeds $130 billion annually.(b) Moreover, the substantial economic activity generated by the domestic maritime transportation industry in California, exceeding $12.2 billion, ranks it fourth among all states.(c) Engines and propulsion systems on marine vessels are critical to the protection of mariners and the environment and the safe transport of goods. Propulsion systems serve as the only protection against wind, tides, currents, and waves.(d) Mariners operate vessels in all conditions, including the increasingly powerful atmospheric rivers impacting California.(e) The safe operation of vessels in open water is essential for protecting mariners that are involved in constructing clean energy wind farms off the coast of California.(f) Even partial power loss on a vessel can result in catastrophic environmental damage due to the inability to guide ships and tankers safely to port.(g) Escorting these vessels safely to and from port or conducting rescues in the open ocean is essential to protecting the environment, wildlife, and access to our coast.(h) During the 2020 port backlog, tankers waiting at West Coast ports contained over 20,000,000 barrels of petroleum products on a single day.(i) Modern New Panamax ships can carry over 3,000,000 gallons of fuel.(j) It is essential that California ensures that mariners are not put at risk when equipment fails since rescue could be hours away, even under calm weather.(k) The National Institute for Occupational Safety and Health concluded that working in a marine environment is five times more likely to lead to a job-related fatality compared to the overall United States workforce.(l) Vessel classification societies evaluate the seaworthiness, maintenance, and compliance with safety regulations of all vessels to ensure insurance policies can be issued.(m) Vessel owners are not allowed to obtain insurance for mariners or for environmental protection without the prior approval of any proposed vessel modification by a United States Coast Guard-authorized vessel classification society.

SECTION 1. The Legislature finds and declares as follows: all of the following:(a) Californias natural beauty and 1,100 miles of coastline is a treasured asset that must be protected for the enjoyment of all Californians and to support the employees and businesses that serve tourist spending that exceeds $130 billion annually.(b) Moreover, the substantial economic activity generated by the domestic maritime transportation industry in California, exceeding $12.2 billion, ranks it fourth among all states.(c) Engines and propulsion systems on marine vessels are critical to the protection of mariners and the environment and the safe transport of goods. Propulsion systems serve as the only protection against wind, tides, currents, and waves.(d) Mariners operate vessels in all conditions, including the increasingly powerful atmospheric rivers impacting California.(e) The safe operation of vessels in open water is essential for protecting mariners that are involved in constructing clean energy wind farms off the coast of California.(f) Even partial power loss on a vessel can result in catastrophic environmental damage due to the inability to guide ships and tankers safely to port.(g) Escorting these vessels safely to and from port or conducting rescues in the open ocean is essential to protecting the environment, wildlife, and access to our coast.(h) During the 2020 port backlog, tankers waiting at West Coast ports contained over 20,000,000 barrels of petroleum products on a single day.(i) Modern New Panamax ships can carry over 3,000,000 gallons of fuel.(j) It is essential that California ensures that mariners are not put at risk when equipment fails since rescue could be hours away, even under calm weather.(k) The National Institute for Occupational Safety and Health concluded that working in a marine environment is five times more likely to lead to a job-related fatality compared to the overall United States workforce.(l) Vessel classification societies evaluate the seaworthiness, maintenance, and compliance with safety regulations of all vessels to ensure insurance policies can be issued.(m) Vessel owners are not allowed to obtain insurance for mariners or for environmental protection without the prior approval of any proposed vessel modification by a United States Coast Guard-authorized vessel classification society.

SECTION 1. The Legislature finds and declares as follows: all of the following:

### SECTION 1.

(a) Californias natural beauty and 1,100 miles of coastline is a treasured asset that must be protected for the enjoyment of all Californians and to support the employees and businesses that serve tourist spending that exceeds $130 billion annually.

(b) Moreover, the substantial economic activity generated by the domestic maritime transportation industry in California, exceeding $12.2 billion, ranks it fourth among all states.

(c) Engines and propulsion systems on marine vessels are critical to the protection of mariners and the environment and the safe transport of goods. Propulsion systems serve as the only protection against wind, tides, currents, and waves.

(d) Mariners operate vessels in all conditions, including the increasingly powerful atmospheric rivers impacting California.

(e) The safe operation of vessels in open water is essential for protecting mariners that are involved in constructing clean energy wind farms off the coast of California.

(f) Even partial power loss on a vessel can result in catastrophic environmental damage due to the inability to guide ships and tankers safely to port.

(g) Escorting these vessels safely to and from port or conducting rescues in the open ocean is essential to protecting the environment, wildlife, and access to our coast.

(h) During the 2020 port backlog, tankers waiting at West Coast ports contained over 20,000,000 barrels of petroleum products on a single day.

(i) Modern New Panamax ships can carry over 3,000,000 gallons of fuel.

(j) It is essential that California ensures that mariners are not put at risk when equipment fails since rescue could be hours away, even under calm weather.

(k) The National Institute for Occupational Safety and Health concluded that working in a marine environment is five times more likely to lead to a job-related fatality compared to the overall United States workforce.

(l) Vessel classification societies evaluate the seaworthiness, maintenance, and compliance with safety regulations of all vessels to ensure insurance policies can be issued.

(m) Vessel owners are not allowed to obtain insurance for mariners or for environmental protection without the prior approval of any proposed vessel modification by a United States Coast Guard-authorized vessel classification society.

SEC. 2. Section 654.4 is added to the Harbors and Navigation Code, to read:654.4. (a) For purposes of this section, the following definitions apply:(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.

SEC. 2. Section 654.4 is added to the Harbors and Navigation Code, to read:

### SEC. 2.

654.4. (a) For purposes of this section, the following definitions apply:(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.

654.4. (a) For purposes of this section, the following definitions apply:(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.

654.4. (a) For purposes of this section, the following definitions apply:(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.



654.4. (a) For purposes of this section, the following definitions apply:

(1) Authorized classification society has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.

(2) Pilot vessel means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.

(b) (1) Except as provided in paragraph (2), this section shall apply applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.

(2) This section shall does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.

(c) Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to a vessel to accommodate that equipment, shall be approved by at least one authorized classification society and the manufacturer of the engine or propulsion system, as necessary, to society, meet all applicable United States Coast Guard regulations regulations, and to not void any existing warranty. warranty provided by the manufacturer of the engine or propulsion system.

(d) Any aftermarket equipment that could limit the engine power or operational ability of a vessel shall include an automatic override or bypass feature that ensures the safe operation of the harbor craft is not affected, vessel can be operated at full power, regardless of the operational status of the installed equipment.

(e) If a vessel loses engine power or propulsion during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the automatic override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.