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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1250Introduced by Assembly Member PapanFebruary 21, 2025 An act to add Section 39633 to the Health and Safety Code, relating to air resources. LEGISLATIVE COUNSEL'S DIGESTAB 1250, as introduced, Papan. State Air Resources Board: regulations: ocean-going vessels: alternative fuels.Existing law requires the State Air Resources Board to adopt rules and regulations that will achieve ambient air quality standards required by the federal Clean Air Act, as specified. Existing law requires the state board to, following a noticed public hearing, adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Pursuant to this authority, the state board has adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation to require the use of low sulfur marine distillate fuels in order to reduce emissions of particulate matter, diesel particulate matter, nitrogen oxides, and sulfur oxides from the use of auxiliary diesel and diesel-electric engines, main propulsion diesel engines, and auxiliary boilers on ocean-going vessels.This bill would, for purposes of any application, interpretation, or enforcement of any regulation adopted by the state board with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, declare that specified alternative fuels are presumed to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel, as specified, and that an alternative fuel is presumed to consist of a mixture that only contains an alternative fuel, as provided.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. (a) The Legislature finds and declares all of the following:(1) It is in the best interest of the State of California and the public health of the citizens of California, and furthers the policy goals of the State of California, to encourage, incentivize, and create a regulatory regime that encourages innovation in cleaner fuel use. Accordingly, the definitions of alternative fuel and alternative fuels usage should be interpreted as broadly as possible within the confines of existing regulations and rules, and discourage narrow, exclusive interpretations of the definitions of distillate fuels within the confines of existing regulations. This is necessary in order to ensure that the facilitation of the introduction of alternative fuels for ocean-going vessels is not hampered because they were adopted with the express purpose of reducing greenhouse gas (GHG) emissions.(2) In 2008, the State Air Resources Board adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation (17 Cal. Code Regs. 93118.2), also known as the OGV fuel rule. The intent of the regulation is to reduce emissions of particulate matter, nitrogen oxides (NOx), and sulfur oxides (SOx) from ocean-going vessels, and the regulation specifically intends to incentivize the use of alternative fuels.(3) In 2010, the International Maritime Organization (IMO) adopted the North American Emission Control Area for Marine Vessels at the behest of the United States, Canada, and France to limit engine emissions of SOx and NOx. The United States Environmental Protection Agency also enacted increasingly stringent emission standards for ship engines while operating in the NOx emission control area. Additionally, the State Air Resources Board made an update to the OGV fuel rule that limits the type of fuel that may be used to those meeting the specifications of Table I of International Organization for Standardization standard 8217, as revised in 2005, or as revised on June 15, 2010.(4) While increasingly stringent SOx and NOx emissions standards have been enacted, GHG reduction efforts are also underway. California has been a leader in this effort, setting ambitious targets to reduce GHG emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In 2020, Governor Newsom issued Executive Order No. N-79-20 to support the decarbonization of transportation but did not prescribe a zero-emission fuel. These regulations have been very effective; by 2023, the San Pedro Bay Ports have seen reductions in NOx by 72 percent, SOx by 98 percent, diesel particulate matter (DPM) by 91 percent, and GHG by 20 percent since 2005. By 2020, the Port of Oakland saw an 86-percent reduction in DPM, NOx reduced by 40 percent, and GHG reduced by 8 percent. These reductions continue to grow.(5) In 2023, the IMO produced a Strategy on Reduction of GHG Emissions from Ships with the goal of reaching net-zero GHG emissions by 2050. In response to the implementation of these rules, the State Air Resources Board reiterated in Marine Notice 2020-2 Notification of Requirements to Owners and Operators of Ocean Going Vessels for Complying with the California Ocean-Going Vessel Fuel Regulation that only fuels that met the specifications of low sulfur marine distillate grade fuel could be used by ocean-going vessels in California.(6) The maritime industry is deploying alternative fueled vessels at an increasing rate. According to the Det Norske Veritas Maritime Forecast to 2050, the number of ships capable of using alternative fuels as of May 2024 was nearly 1,000 with close to 600 more on order.(7) The State Air Resources Board has maintained an interpretation that the 2010 fuel specification requirements prohibit the use of alternative fuels or that only the fuels listed in the regulation may be used as opposed to fuels that meet the specifications of the regulation. Any interpretation that limits the use of alternative fuels is contrary to the intent of the state and inconsistent with climate goals established after the adoption of the OGV fuel rule to facilitate further reduction of GHG emissions and carbon from the use of internal combustion engines.(b) It is the intent of the Legislature that ocean-going vessel fuel regulations be broadly interpreted to promote the inclusion of alternative fuels that promote cleaner air and accelerate reductions of carbon and GHG emissions from ocean-going vessels.(c) It is further the intent of the Legislature that ocean-going fuel regulations be narrowly interpreted with respect to the specifications of marine distillates and marine fuel oils that are incorporated by reference based on tables adopted in 2010 so that the regulations favor an interpretation in which alternative fuels that meet or exceed the specifications will be determined to result in accelerated cleaner air and reductions of carbon and GHG emissions from ocean-going vessels.SEC. 2. Section 39633 is added to the Health and Safety Code, immediately following Section 39632, to read:39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply:(a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010.(b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1250Introduced by Assembly Member PapanFebruary 21, 2025 An act to add Section 39633 to the Health and Safety Code, relating to air resources. LEGISLATIVE COUNSEL'S DIGESTAB 1250, as introduced, Papan. State Air Resources Board: regulations: ocean-going vessels: alternative fuels.Existing law requires the State Air Resources Board to adopt rules and regulations that will achieve ambient air quality standards required by the federal Clean Air Act, as specified. Existing law requires the state board to, following a noticed public hearing, adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Pursuant to this authority, the state board has adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation to require the use of low sulfur marine distillate fuels in order to reduce emissions of particulate matter, diesel particulate matter, nitrogen oxides, and sulfur oxides from the use of auxiliary diesel and diesel-electric engines, main propulsion diesel engines, and auxiliary boilers on ocean-going vessels.This bill would, for purposes of any application, interpretation, or enforcement of any regulation adopted by the state board with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, declare that specified alternative fuels are presumed to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel, as specified, and that an alternative fuel is presumed to consist of a mixture that only contains an alternative fuel, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 10, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1250 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member PapanFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Papan | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to add Section 39633 to the Health and Safety Code, relating to air resources. | |
| 20 | + | An act to add Section 39633 to the Health and Safety Code, relating to air resources. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1250, as | |
| 26 | + | AB 1250, as introduced, Papan. State Air Resources Board: regulations: ocean-going vessels: alternative fuels. | |
| 27 | 27 | ||
| 28 | - | Under the Mills-Alquist-Deddeh Act, also known as the Transportation Development Act, revenues from a 1/4 percent sales tax in each county are, among other things, available for allocation by the transportation planning agency to transit operators and for community transit services. Existing law requires a transit operator that receives funds through the Mills-Alquist-Deddeh Act and that provides dial-a-ride or paratransit service to provide those services consistent with certain requirements.This bill would prohibit, on and after January 1, 2027, those transit operators from requiring a person who receives, or is eligible to receive, paratransit services based on a disability or medical condition, and whose condition cannot reasonably be expected to improve, to recertify their eligibility, unless the person has a temporary eligibility or there is a review to broaden the persons eligibility, as specified. The bill would require a temporary eligibility to be valid for 180 days or until the date indicated by the persons medical professional, as specified. The bill would prohibit renewal of temporary eligibility more than 6 consecutive times. To the extent the bill would impose additional duties on a local agency, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law requires the State Air Resources Board to adopt rules and regulations that will achieve ambient air quality standards required by the federal Clean Air Act, as specified. Existing law requires the state board to, following a noticed public hearing, adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Pursuant to this authority, the state board has adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation to require the use of low sulfur marine distillate fuels in order to reduce emissions of particulate matter, diesel particulate matter, nitrogen oxides, and sulfur oxides from the use of auxiliary diesel and diesel-electric engines, main propulsion diesel engines, and auxiliary boilers on ocean-going vessels.This bill would, for purposes of any application, interpretation, or enforcement of any regulation adopted by the state board with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, declare that specified alternative fuels are presumed to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel, as specified, and that an alternative fuel is presumed to consist of a mixture that only contains an alternative fuel, as provided. | |
| 29 | - | ||
| 30 | - | Under the Mills-Alquist-Deddeh Act, also known as the Transportation Development Act, revenues from a 1/4 percent sales tax in each county are, among other things, available for allocation by the transportation planning agency to transit operators and for community transit services. Existing law requires a transit operator that receives funds through the Mills-Alquist-Deddeh Act and that provides dial-a-ride or paratransit service to provide those services consistent with certain requirements. | |
| 31 | - | ||
| 32 | - | This bill would prohibit, on and after January 1, 2027, those transit operators from requiring a person who receives, or is eligible to receive, paratransit services based on a disability or medical condition, and whose condition cannot reasonably be expected to improve, to recertify their eligibility, unless the person has a temporary eligibility or there is a review to broaden the persons eligibility, as specified. The bill would require a temporary eligibility to be valid for 180 days or until the date indicated by the persons medical professional, as specified. The bill would prohibit renewal of temporary eligibility more than 6 consecutive times. To the extent the bill would impose additional duties on a local agency, it would impose a state-mandated local program. | |
| 33 | - | ||
| 34 | - | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 35 | - | ||
| 36 | - | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 28 | + | Existing law requires the State Air Resources Board to adopt rules and regulations that will achieve ambient air quality standards required by the federal Clean Air Act, as specified. Existing law requires the state board to, following a noticed public hearing, adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Pursuant to this authority, the state board has adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation to require the use of low sulfur marine distillate fuels in order to reduce emissions of particulate matter, diesel particulate matter, nitrogen oxides, and sulfur oxides from the use of auxiliary diesel and diesel-electric engines, main propulsion diesel engines, and auxiliary boilers on ocean-going vessels.This bill would, for purposes of any application, interpretation, or enforcement of any regulation adopted by the state board with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, declare that specified alternative fuels are presumed to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel, as specified, and that an alternative fuel is presumed to consist of a mixture that only contains an alternative fuel, as provided. | |
| 37 | 29 | ||
| 38 | 30 | Existing law requires the State Air Resources Board to adopt rules and regulations that will achieve ambient air quality standards required by the federal Clean Air Act, as specified. Existing law requires the state board to, following a noticed public hearing, adopt airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. Pursuant to this authority, the state board has adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation to require the use of low sulfur marine distillate fuels in order to reduce emissions of particulate matter, diesel particulate matter, nitrogen oxides, and sulfur oxides from the use of auxiliary diesel and diesel-electric engines, main propulsion diesel engines, and auxiliary boilers on ocean-going vessels. | |
| 39 | 31 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | 32 | This bill would, for purposes of any application, interpretation, or enforcement of any regulation adopted by the state board with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, declare that specified alternative fuels are presumed to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel, as specified, and that an alternative fuel is presumed to consist of a mixture that only contains an alternative fuel, as provided. | |
| 43 | - | ||
| 44 | - | ||
| 45 | 33 | ||
| 46 | 34 | ## Digest Key | |
| 47 | 35 | ||
| 48 | 36 | ## Bill Text | |
| 49 | 37 | ||
| 50 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) It is in the best interest of the State of California and the public health of the citizens of California, and furthers the policy goals of the State of California, to encourage, incentivize, and create a regulatory regime that encourages innovation in cleaner fuel use. Accordingly, the definitions of alternative fuel and alternative fuels usage should be interpreted as broadly as possible within the confines of existing regulations and rules, and discourage narrow, exclusive interpretations of the definitions of distillate fuels within the confines of existing regulations. This is necessary in order to ensure that the facilitation of the introduction of alternative fuels for ocean-going vessels is not hampered because they were adopted with the express purpose of reducing greenhouse gas (GHG) emissions.(2) In 2008, the State Air Resources Board adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation (17 Cal. Code Regs. 93118.2), also known as the OGV fuel rule. The intent of the regulation is to reduce emissions of particulate matter, nitrogen oxides (NOx), and sulfur oxides (SOx) from ocean-going vessels, and the regulation specifically intends to incentivize the use of alternative fuels.(3) In 2010, the International Maritime Organization (IMO) adopted the North American Emission Control Area for Marine Vessels at the behest of the United States, Canada, and France to limit engine emissions of SOx and NOx. The United States Environmental Protection Agency also enacted increasingly stringent emission standards for ship engines while operating in the NOx emission control area. Additionally, the State Air Resources Board made an update to the OGV fuel rule that limits the type of fuel that may be used to those meeting the specifications of Table I of International Organization for Standardization standard 8217, as revised in 2005, or as revised on June 15, 2010.(4) While increasingly stringent SOx and NOx emissions standards have been enacted, GHG reduction efforts are also underway. California has been a leader in this effort, setting ambitious targets to reduce GHG emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In 2020, Governor Newsom issued Executive Order No. N-79-20 to support the decarbonization of transportation but did not prescribe a zero-emission fuel. These regulations have been very effective; by 2023, the San Pedro Bay Ports have seen reductions in NOx by 72 percent, SOx by 98 percent, diesel particulate matter (DPM) by 91 percent, and GHG by 20 percent since 2005. By 2020, the Port of Oakland saw an 86-percent reduction in DPM, NOx reduced by 40 percent, and GHG reduced by 8 percent. These reductions continue to grow.(5) In 2023, the IMO produced a Strategy on Reduction of GHG Emissions from Ships with the goal of reaching net-zero GHG emissions by 2050. In response to the implementation of these rules, the State Air Resources Board reiterated in Marine Notice 2020-2 Notification of Requirements to Owners and Operators of Ocean Going Vessels for Complying with the California Ocean-Going Vessel Fuel Regulation that only fuels that met the specifications of low sulfur marine distillate grade fuel could be used by ocean-going vessels in California.(6) The maritime industry is deploying alternative fueled vessels at an increasing rate. According to the Det Norske Veritas Maritime Forecast to 2050, the number of ships capable of using alternative fuels as of May 2024 was nearly 1,000 with close to 600 more on order.(7) The State Air Resources Board has maintained an interpretation that the 2010 fuel specification requirements prohibit the use of alternative fuels or that only the fuels listed in the regulation may be used as opposed to fuels that meet the specifications of the regulation. Any interpretation that limits the use of alternative fuels is contrary to the intent of the state and inconsistent with climate goals established after the adoption of the OGV fuel rule to facilitate further reduction of GHG emissions and carbon from the use of internal combustion engines.(b) It is the intent of the Legislature that ocean-going vessel fuel regulations be broadly interpreted to promote the inclusion of alternative fuels that promote cleaner air and accelerate reductions of carbon and GHG emissions from ocean-going vessels.(c) It is further the intent of the Legislature that ocean-going fuel regulations be narrowly interpreted with respect to the specifications of marine distillates and marine fuel oils that are incorporated by reference based on tables adopted in 2010 so that the regulations favor an interpretation in which alternative fuels that meet or exceed the specifications will be determined to result in accelerated cleaner air and reductions of carbon and GHG emissions from ocean-going vessels.SEC. 2. Section 39633 is added to the Health and Safety Code, immediately following Section 39632, to read:39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply:(a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010.(b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. | |
| 51 | 39 | ||
| 52 | 40 | The people of the State of California do enact as follows: | |
| 53 | 41 | ||
| 54 | 42 | ## The people of the State of California do enact as follows: | |
| 55 | 43 | ||
| 56 | - | SECTION 1. | |
| 44 | + | SECTION 1. (a) The Legislature finds and declares all of the following:(1) It is in the best interest of the State of California and the public health of the citizens of California, and furthers the policy goals of the State of California, to encourage, incentivize, and create a regulatory regime that encourages innovation in cleaner fuel use. Accordingly, the definitions of alternative fuel and alternative fuels usage should be interpreted as broadly as possible within the confines of existing regulations and rules, and discourage narrow, exclusive interpretations of the definitions of distillate fuels within the confines of existing regulations. This is necessary in order to ensure that the facilitation of the introduction of alternative fuels for ocean-going vessels is not hampered because they were adopted with the express purpose of reducing greenhouse gas (GHG) emissions.(2) In 2008, the State Air Resources Board adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation (17 Cal. Code Regs. 93118.2), also known as the OGV fuel rule. The intent of the regulation is to reduce emissions of particulate matter, nitrogen oxides (NOx), and sulfur oxides (SOx) from ocean-going vessels, and the regulation specifically intends to incentivize the use of alternative fuels.(3) In 2010, the International Maritime Organization (IMO) adopted the North American Emission Control Area for Marine Vessels at the behest of the United States, Canada, and France to limit engine emissions of SOx and NOx. The United States Environmental Protection Agency also enacted increasingly stringent emission standards for ship engines while operating in the NOx emission control area. Additionally, the State Air Resources Board made an update to the OGV fuel rule that limits the type of fuel that may be used to those meeting the specifications of Table I of International Organization for Standardization standard 8217, as revised in 2005, or as revised on June 15, 2010.(4) While increasingly stringent SOx and NOx emissions standards have been enacted, GHG reduction efforts are also underway. California has been a leader in this effort, setting ambitious targets to reduce GHG emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In 2020, Governor Newsom issued Executive Order No. N-79-20 to support the decarbonization of transportation but did not prescribe a zero-emission fuel. These regulations have been very effective; by 2023, the San Pedro Bay Ports have seen reductions in NOx by 72 percent, SOx by 98 percent, diesel particulate matter (DPM) by 91 percent, and GHG by 20 percent since 2005. By 2020, the Port of Oakland saw an 86-percent reduction in DPM, NOx reduced by 40 percent, and GHG reduced by 8 percent. These reductions continue to grow.(5) In 2023, the IMO produced a Strategy on Reduction of GHG Emissions from Ships with the goal of reaching net-zero GHG emissions by 2050. In response to the implementation of these rules, the State Air Resources Board reiterated in Marine Notice 2020-2 Notification of Requirements to Owners and Operators of Ocean Going Vessels for Complying with the California Ocean-Going Vessel Fuel Regulation that only fuels that met the specifications of low sulfur marine distillate grade fuel could be used by ocean-going vessels in California.(6) The maritime industry is deploying alternative fueled vessels at an increasing rate. According to the Det Norske Veritas Maritime Forecast to 2050, the number of ships capable of using alternative fuels as of May 2024 was nearly 1,000 with close to 600 more on order.(7) The State Air Resources Board has maintained an interpretation that the 2010 fuel specification requirements prohibit the use of alternative fuels or that only the fuels listed in the regulation may be used as opposed to fuels that meet the specifications of the regulation. Any interpretation that limits the use of alternative fuels is contrary to the intent of the state and inconsistent with climate goals established after the adoption of the OGV fuel rule to facilitate further reduction of GHG emissions and carbon from the use of internal combustion engines.(b) It is the intent of the Legislature that ocean-going vessel fuel regulations be broadly interpreted to promote the inclusion of alternative fuels that promote cleaner air and accelerate reductions of carbon and GHG emissions from ocean-going vessels.(c) It is further the intent of the Legislature that ocean-going fuel regulations be narrowly interpreted with respect to the specifications of marine distillates and marine fuel oils that are incorporated by reference based on tables adopted in 2010 so that the regulations favor an interpretation in which alternative fuels that meet or exceed the specifications will be determined to result in accelerated cleaner air and reductions of carbon and GHG emissions from ocean-going vessels. | |
| 57 | 45 | ||
| 58 | - | SECTION 1. Section 99155.3 is added to the Public Utilities Code, to read: | |
| 46 | + | SECTION 1. (a) The Legislature finds and declares all of the following:(1) It is in the best interest of the State of California and the public health of the citizens of California, and furthers the policy goals of the State of California, to encourage, incentivize, and create a regulatory regime that encourages innovation in cleaner fuel use. Accordingly, the definitions of alternative fuel and alternative fuels usage should be interpreted as broadly as possible within the confines of existing regulations and rules, and discourage narrow, exclusive interpretations of the definitions of distillate fuels within the confines of existing regulations. This is necessary in order to ensure that the facilitation of the introduction of alternative fuels for ocean-going vessels is not hampered because they were adopted with the express purpose of reducing greenhouse gas (GHG) emissions.(2) In 2008, the State Air Resources Board adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation (17 Cal. Code Regs. 93118.2), also known as the OGV fuel rule. The intent of the regulation is to reduce emissions of particulate matter, nitrogen oxides (NOx), and sulfur oxides (SOx) from ocean-going vessels, and the regulation specifically intends to incentivize the use of alternative fuels.(3) In 2010, the International Maritime Organization (IMO) adopted the North American Emission Control Area for Marine Vessels at the behest of the United States, Canada, and France to limit engine emissions of SOx and NOx. The United States Environmental Protection Agency also enacted increasingly stringent emission standards for ship engines while operating in the NOx emission control area. Additionally, the State Air Resources Board made an update to the OGV fuel rule that limits the type of fuel that may be used to those meeting the specifications of Table I of International Organization for Standardization standard 8217, as revised in 2005, or as revised on June 15, 2010.(4) While increasingly stringent SOx and NOx emissions standards have been enacted, GHG reduction efforts are also underway. California has been a leader in this effort, setting ambitious targets to reduce GHG emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In 2020, Governor Newsom issued Executive Order No. N-79-20 to support the decarbonization of transportation but did not prescribe a zero-emission fuel. These regulations have been very effective; by 2023, the San Pedro Bay Ports have seen reductions in NOx by 72 percent, SOx by 98 percent, diesel particulate matter (DPM) by 91 percent, and GHG by 20 percent since 2005. By 2020, the Port of Oakland saw an 86-percent reduction in DPM, NOx reduced by 40 percent, and GHG reduced by 8 percent. These reductions continue to grow.(5) In 2023, the IMO produced a Strategy on Reduction of GHG Emissions from Ships with the goal of reaching net-zero GHG emissions by 2050. In response to the implementation of these rules, the State Air Resources Board reiterated in Marine Notice 2020-2 Notification of Requirements to Owners and Operators of Ocean Going Vessels for Complying with the California Ocean-Going Vessel Fuel Regulation that only fuels that met the specifications of low sulfur marine distillate grade fuel could be used by ocean-going vessels in California.(6) The maritime industry is deploying alternative fueled vessels at an increasing rate. According to the Det Norske Veritas Maritime Forecast to 2050, the number of ships capable of using alternative fuels as of May 2024 was nearly 1,000 with close to 600 more on order.(7) The State Air Resources Board has maintained an interpretation that the 2010 fuel specification requirements prohibit the use of alternative fuels or that only the fuels listed in the regulation may be used as opposed to fuels that meet the specifications of the regulation. Any interpretation that limits the use of alternative fuels is contrary to the intent of the state and inconsistent with climate goals established after the adoption of the OGV fuel rule to facilitate further reduction of GHG emissions and carbon from the use of internal combustion engines.(b) It is the intent of the Legislature that ocean-going vessel fuel regulations be broadly interpreted to promote the inclusion of alternative fuels that promote cleaner air and accelerate reductions of carbon and GHG emissions from ocean-going vessels.(c) It is further the intent of the Legislature that ocean-going fuel regulations be narrowly interpreted with respect to the specifications of marine distillates and marine fuel oils that are incorporated by reference based on tables adopted in 2010 so that the regulations favor an interpretation in which alternative fuels that meet or exceed the specifications will be determined to result in accelerated cleaner air and reductions of carbon and GHG emissions from ocean-going vessels. | |
| 47 | + | ||
| 48 | + | SECTION 1. (a) The Legislature finds and declares all of the following: | |
| 59 | 49 | ||
| 60 | 50 | ### SECTION 1. | |
| 61 | 51 | ||
| 62 | - | ||
| 52 | + | (1) It is in the best interest of the State of California and the public health of the citizens of California, and furthers the policy goals of the State of California, to encourage, incentivize, and create a regulatory regime that encourages innovation in cleaner fuel use. Accordingly, the definitions of alternative fuel and alternative fuels usage should be interpreted as broadly as possible within the confines of existing regulations and rules, and discourage narrow, exclusive interpretations of the definitions of distillate fuels within the confines of existing regulations. This is necessary in order to ensure that the facilitation of the introduction of alternative fuels for ocean-going vessels is not hampered because they were adopted with the express purpose of reducing greenhouse gas (GHG) emissions. | |
| 63 | 53 | ||
| 64 | - | ||
| 54 | + | (2) In 2008, the State Air Resources Board adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation (17 Cal. Code Regs. 93118.2), also known as the OGV fuel rule. The intent of the regulation is to reduce emissions of particulate matter, nitrogen oxides (NOx), and sulfur oxides (SOx) from ocean-going vessels, and the regulation specifically intends to incentivize the use of alternative fuels. | |
| 65 | 55 | ||
| 66 | - | 99155.3. On and after January 1, 2027, a transit operator that provides, or contracts for the provision of, paratransit service for individuals with disabilities and that receives public funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)) for that service shall not require a person who receives, or is eligible to receive, paratransit services based on a disability or medical condition, and whose condition cannot reasonably be expected to improve, to recertify their eligibility unless one of the following applies:(a) There is a review to broaden the persons eligibility for paratransit services based on either the persons medical condition worsening or the person having an additional disability or medical condition.(b) The person is temporarily eligible for paratransit services. If a person is temporarily eligible for paratransit services, their temporary eligibility shall be valid for 180 days or until the date indicated by the persons qualified licensed medical professional on the persons application for paratransit services, whichever is sooner. Temporary eligibility for paratransit services shall not be renewed more than six consecutive times. | |
| 56 | + | (3) In 2010, the International Maritime Organization (IMO) adopted the North American Emission Control Area for Marine Vessels at the behest of the United States, Canada, and France to limit engine emissions of SOx and NOx. The United States Environmental Protection Agency also enacted increasingly stringent emission standards for ship engines while operating in the NOx emission control area. Additionally, the State Air Resources Board made an update to the OGV fuel rule that limits the type of fuel that may be used to those meeting the specifications of Table I of International Organization for Standardization standard 8217, as revised in 2005, or as revised on June 15, 2010. | |
| 57 | + | ||
| 58 | + | (4) While increasingly stringent SOx and NOx emissions standards have been enacted, GHG reduction efforts are also underway. California has been a leader in this effort, setting ambitious targets to reduce GHG emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In 2020, Governor Newsom issued Executive Order No. N-79-20 to support the decarbonization of transportation but did not prescribe a zero-emission fuel. These regulations have been very effective; by 2023, the San Pedro Bay Ports have seen reductions in NOx by 72 percent, SOx by 98 percent, diesel particulate matter (DPM) by 91 percent, and GHG by 20 percent since 2005. By 2020, the Port of Oakland saw an 86-percent reduction in DPM, NOx reduced by 40 percent, and GHG reduced by 8 percent. These reductions continue to grow. | |
| 59 | + | ||
| 60 | + | (5) In 2023, the IMO produced a Strategy on Reduction of GHG Emissions from Ships with the goal of reaching net-zero GHG emissions by 2050. In response to the implementation of these rules, the State Air Resources Board reiterated in Marine Notice 2020-2 Notification of Requirements to Owners and Operators of Ocean Going Vessels for Complying with the California Ocean-Going Vessel Fuel Regulation that only fuels that met the specifications of low sulfur marine distillate grade fuel could be used by ocean-going vessels in California. | |
| 61 | + | ||
| 62 | + | (6) The maritime industry is deploying alternative fueled vessels at an increasing rate. According to the Det Norske Veritas Maritime Forecast to 2050, the number of ships capable of using alternative fuels as of May 2024 was nearly 1,000 with close to 600 more on order. | |
| 63 | + | ||
| 64 | + | (7) The State Air Resources Board has maintained an interpretation that the 2010 fuel specification requirements prohibit the use of alternative fuels or that only the fuels listed in the regulation may be used as opposed to fuels that meet the specifications of the regulation. Any interpretation that limits the use of alternative fuels is contrary to the intent of the state and inconsistent with climate goals established after the adoption of the OGV fuel rule to facilitate further reduction of GHG emissions and carbon from the use of internal combustion engines. | |
| 65 | + | ||
| 66 | + | (b) It is the intent of the Legislature that ocean-going vessel fuel regulations be broadly interpreted to promote the inclusion of alternative fuels that promote cleaner air and accelerate reductions of carbon and GHG emissions from ocean-going vessels. | |
| 67 | + | ||
| 68 | + | (c) It is further the intent of the Legislature that ocean-going fuel regulations be narrowly interpreted with respect to the specifications of marine distillates and marine fuel oils that are incorporated by reference based on tables adopted in 2010 so that the regulations favor an interpretation in which alternative fuels that meet or exceed the specifications will be determined to result in accelerated cleaner air and reductions of carbon and GHG emissions from ocean-going vessels. | |
| 69 | + | ||
| 70 | + | SEC. 2. Section 39633 is added to the Health and Safety Code, immediately following Section 39632, to read:39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply:(a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010.(b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. | |
| 71 | + | ||
| 72 | + | SEC. 2. Section 39633 is added to the Health and Safety Code, immediately following Section 39632, to read: | |
| 73 | + | ||
| 74 | + | ### SEC. 2. | |
| 75 | + | ||
| 76 | + | 39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply:(a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010.(b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. | |
| 77 | + | ||
| 78 | + | 39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply:(a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010.(b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. | |
| 79 | + | ||
| 80 | + | 39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply:(a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010.(b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. | |
| 67 | 81 | ||
| 68 | 82 | ||
| 69 | 83 | ||
| 70 | - | 99155.3. On and after January 1, 2027, a transit operator that provides, or contracts for the provision of, paratransit service for individuals with disabilities and that receives public funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)) for that service shall not require a person who receives, or is eligible to receive, paratransit services based on a disability or medical condition, and whose condition cannot reasonably be expected to improve, to recertify their eligibility unless one of the following applies: | |
| 71 | - | ||
| 72 | - | (a) There is a review to broaden the persons eligibility for paratransit services based on either the persons medical condition worsening or the person having an additional disability or medical condition. | |
| 73 | - | ||
| 74 | - | (b) The person is temporarily eligible for paratransit services. If a person is temporarily eligible for paratransit services, their temporary eligibility shall be valid for 180 days or until the date indicated by the persons qualified licensed medical professional on the persons application for paratransit services, whichever is sooner. Temporary eligibility for paratransit services shall not be renewed more than six consecutive times. | |
| 75 | - | ||
| 76 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 77 | - | ||
| 78 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 79 | - | ||
| 80 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 81 | - | ||
| 82 | - | ### SEC. 2. | |
| 83 | - | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | (a)The Legislature finds and declares all of the following: | |
| 87 | - | ||
| 88 | - | ||
| 89 | - | ||
| 90 | - | (1)It is in the best interest of the State of California and the public health of the citizens of California, and furthers the policy goals of the State of California, to encourage, incentivize, and create a regulatory regime that encourages innovation in cleaner fuel use. Accordingly, the definitions of alternative fuel and alternative fuels usage should be interpreted as broadly as possible within the confines of existing regulations and rules, and discourage narrow, exclusive interpretations of the definitions of distillate fuels within the confines of existing regulations. This is necessary in order to ensure that the facilitation of the introduction of alternative fuels for ocean-going vessels is not hampered because they were adopted with the express purpose of reducing greenhouse gas (GHG) emissions. | |
| 91 | - | ||
| 92 | - | ||
| 93 | - | ||
| 94 | - | (2)In 2008, the State Air Resources Board adopted the Airborne Toxic Control Measure for Fuel Sulfur and Other Operational Requirements for Ocean-Going Vessels within California Waters and 24 Nautical Miles of the California Baseline regulation (17 Cal. Code Regs. 93118.2), also known as the OGV fuel rule. The intent of the regulation is to reduce emissions of particulate matter, nitrogen oxides (NOx), and sulfur oxides (SOx) from ocean-going vessels, and the regulation specifically intends to incentivize the use of alternative fuels. | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (3)In 2010, the International Maritime Organization (IMO) adopted the North American Emission Control Area for Marine Vessels at the behest of the United States, Canada, and France to limit engine emissions of SOx and NOx. The United States Environmental Protection Agency also enacted increasingly stringent emission standards for ship engines while operating in the NOx emission control area. Additionally, the State Air Resources Board made an update to the OGV fuel rule that limits the type of fuel that may be used to those meeting the specifications of Table I of International Organization for Standardization standard 8217, as revised in 2005, or as revised on June 15, 2010. | |
| 99 | - | ||
| 100 | - | ||
| 101 | - | ||
| 102 | - | (4)While increasingly stringent SOx and NOx emissions standards have been enacted, GHG reduction efforts are also underway. California has been a leader in this effort, setting ambitious targets to reduce GHG emissions 40 percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In 2020, Governor Newsom issued Executive Order No. N-79-20 to support the decarbonization of transportation but did not prescribe a zero-emission fuel. These regulations have been very effective; by 2023, the San Pedro Bay Ports have seen reductions in NOx by 72 percent, SOx by 98 percent, diesel particulate matter (DPM) by 91 percent, and GHG by 20 percent since 2005. By 2020, the Port of Oakland saw an 86-percent reduction in DPM, NOx reduced by 40 percent, and GHG reduced by 8 percent. These reductions continue to grow. | |
| 103 | - | ||
| 104 | - | ||
| 105 | - | ||
| 106 | - | (5)In 2023, the IMO produced a Strategy on Reduction of GHG Emissions from Ships with the goal of reaching net-zero GHG emissions by 2050. In response to the implementation of these rules, the State Air Resources Board reiterated in Marine Notice 2020-2 Notification of Requirements to Owners and Operators of Ocean Going Vessels for Complying with the California Ocean-Going Vessel Fuel Regulation that only fuels that met the specifications of low sulfur marine distillate grade fuel could be used by ocean-going vessels in California. | |
| 107 | - | ||
| 108 | - | ||
| 109 | - | ||
| 110 | - | (6)The maritime industry is deploying alternative fueled vessels at an increasing rate. According to the Det Norske Veritas Maritime Forecast to 2050, the number of ships capable of using alternative fuels as of May 2024 was nearly 1,000 with close to 600 more on order. | |
| 111 | - | ||
| 112 | - | ||
| 113 | - | ||
| 114 | - | (7)The State Air Resources Board has maintained an interpretation that the 2010 fuel specification requirements prohibit the use of alternative fuels or that only the fuels listed in the regulation may be used as opposed to fuels that meet the specifications of the regulation. Any interpretation that limits the use of alternative fuels is contrary to the intent of the state and inconsistent with climate goals established after the adoption of the OGV fuel rule to facilitate further reduction of GHG emissions and carbon from the use of internal combustion engines. | |
| 115 | - | ||
| 116 | - | ||
| 117 | - | ||
| 118 | - | (b)It is the intent of the Legislature that ocean-going vessel fuel regulations be broadly interpreted to promote the inclusion of alternative fuels that promote cleaner air and accelerate reductions of carbon and GHG emissions from ocean-going vessels. | |
| 119 | - | ||
| 120 | - | ||
| 121 | - | ||
| 122 | - | (c)It is further the intent of the Legislature that ocean-going fuel regulations be narrowly interpreted with respect to the specifications of marine distillates and marine fuel oils that are incorporated by reference based on tables adopted in 2010 so that the regulations favor an interpretation in which alternative fuels that meet or exceed the specifications will be determined to result in accelerated cleaner air and reductions of carbon and GHG emissions from ocean-going vessels. | |
| 123 | - | ||
| 124 | - | ||
| 125 | - | ||
| 126 | - | ||
| 127 | - | ||
| 128 | - | ||
| 129 | - | ||
| 130 | - | For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply: | |
| 131 | - | ||
| 132 | - | ||
| 84 | + | 39633. For purposes of the application, interpretation, or enforcement of any regulation adopted by the state board pursuant to this part with respect to the use of auxiliary engines, main engines, and auxiliary boilers on an ocean-going vessel, as defined in paragraph (24) of subdivision (d) of Section 93118.2 of Title 17 of the California Code of Regulations, both of the following apply: | |
| 133 | 85 | ||
| 134 | 86 | (a) The use of any alternative fuel that has a lower carbon intensity than any marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of the International Organization for Standardizations (ISO) standard 8217, as revised on June 15, 2010, shall be presumed as a matter of law to meet or exceed the performance specifications for the use of marine diesel oil or marine gas oil, or any other petroleum-based fuel that meets all of the specifications of fuel grades as defined in Table 1 of ISO standard 8217, as revised on June 15, 2010. | |
| 135 | - | ||
| 136 | - | ||
| 137 | 87 | ||
| 138 | 88 | (b) An alternative fuel, as described in subdivision (a), shall be presumed as a matter of law to consist of a mixture that only contains an alternative fuel notwithstanding any application or use of a pilot fuel in an engine, so long as the use of the pilot fuel is only used when necessary in order to facilitate the use of an alternative fuel. If a pilot fuel is used in any standalone manner whereby it is a primary engine fuel source and not as a pilot fuel, then it shall be regulated directly as if it were not a pilot fuel source, and not considered as a component of the use of an alternative fuel. |