Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 605Introduced by Assembly Member MuratsuchiFebruary 13, 2025 An act to add Chapter 6 (commencing with Section 39900) to Part 2 of Division 26 of the Health and Safety Code, relating to air pollution.LEGISLATIVE COUNSEL'S DIGESTAB 605, as amended, Muratsuchi. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program.Existing law, upon the appropriation of funds by the Legislature, requires the State Air Resources Board to allocate funds on a competitive basis for projects that are shown to achieve the greatest emission reductions from each emission source identified, as specified, from activities related to the movement of freight along Californias trade corridors, commencing at the states airports, seaports, and land ports of entry.This bill would enact the Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program. As part of the pilot program, the state board would be prohibited from adopting a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment, as defined, that is purchased pursuant to the pilot program before December 31, 2027. 2027, as specified. The bill would provide that a piece of cargo handling equipment has qualified for participation in and is subject to the pilot program when specified actions have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered, including that the manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km and that the manufacturer labels the equipment, as specified. The bill would require that a piece of cargo handling equipment subject to the pilot program include, at the time of delivery, a description, warrant, or both, of the useful life of the equipment from the manufacturer, and would prohibit the useful life from exceeding a specified number of years, 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. Chapter 6 (commencing with Section 39900) is added to Part 2 of Division 26 of the Health and Safety Code, to read: CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.39900.39900.1. The Legislature finds and declares all of the following:(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.39902.39900.4. It is further the intent of the Legislature to do all of the following:(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.(B)(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.(2) The dates of purchase and expected delivery.(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.
Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 605Introduced by Assembly Member MuratsuchiFebruary 13, 2025 An act to add Chapter 6 (commencing with Section 39900) to Part 2 of Division 26 of the Health and Safety Code, relating to air pollution.LEGISLATIVE COUNSEL'S DIGESTAB 605, as amended, Muratsuchi. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program.Existing law, upon the appropriation of funds by the Legislature, requires the State Air Resources Board to allocate funds on a competitive basis for projects that are shown to achieve the greatest emission reductions from each emission source identified, as specified, from activities related to the movement of freight along Californias trade corridors, commencing at the states airports, seaports, and land ports of entry.This bill would enact the Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program. As part of the pilot program, the state board would be prohibited from adopting a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment, as defined, that is purchased pursuant to the pilot program before December 31, 2027. 2027, as specified. The bill would provide that a piece of cargo handling equipment has qualified for participation in and is subject to the pilot program when specified actions have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered, including that the manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km and that the manufacturer labels the equipment, as specified. The bill would require that a piece of cargo handling equipment subject to the pilot program include, at the time of delivery, a description, warrant, or both, of the useful life of the equipment from the manufacturer, and would prohibit the useful life from exceeding a specified number of years, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 10, 2025
Amended IN Assembly April 10, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 605
Introduced by Assembly Member MuratsuchiFebruary 13, 2025
Introduced by Assembly Member Muratsuchi
February 13, 2025
An act to add Chapter 6 (commencing with Section 39900) to Part 2 of Division 26 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 605, as amended, Muratsuchi. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program.
Existing law, upon the appropriation of funds by the Legislature, requires the State Air Resources Board to allocate funds on a competitive basis for projects that are shown to achieve the greatest emission reductions from each emission source identified, as specified, from activities related to the movement of freight along Californias trade corridors, commencing at the states airports, seaports, and land ports of entry.This bill would enact the Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program. As part of the pilot program, the state board would be prohibited from adopting a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment, as defined, that is purchased pursuant to the pilot program before December 31, 2027. 2027, as specified. The bill would provide that a piece of cargo handling equipment has qualified for participation in and is subject to the pilot program when specified actions have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered, including that the manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km and that the manufacturer labels the equipment, as specified. The bill would require that a piece of cargo handling equipment subject to the pilot program include, at the time of delivery, a description, warrant, or both, of the useful life of the equipment from the manufacturer, and would prohibit the useful life from exceeding a specified number of years, as provided.
Existing law, upon the appropriation of funds by the Legislature, requires the State Air Resources Board to allocate funds on a competitive basis for projects that are shown to achieve the greatest emission reductions from each emission source identified, as specified, from activities related to the movement of freight along Californias trade corridors, commencing at the states airports, seaports, and land ports of entry.
This bill would enact the Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program. Pilot program. As part of the pilot program, the state board would be prohibited from adopting a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment, as defined, that is purchased pursuant to the pilot program before December 31, 2027. 2027, as specified. The bill would provide that a piece of cargo handling equipment has qualified for participation in and is subject to the pilot program when specified actions have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered, including that the manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km and that the manufacturer labels the equipment, as specified. The bill would require that a piece of cargo handling equipment subject to the pilot program include, at the time of delivery, a description, warrant, or both, of the useful life of the equipment from the manufacturer, and would prohibit the useful life from exceeding a specified number of years, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 6 (commencing with Section 39900) is added to Part 2 of Division 26 of the Health and Safety Code, to read: CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.39900.39900.1. The Legislature finds and declares all of the following:(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.39902.39900.4. It is further the intent of the Legislature to do all of the following:(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.(B)(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.(2) The dates of purchase and expected delivery.(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 6 (commencing with Section 39900) is added to Part 2 of Division 26 of the Health and Safety Code, to read: CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.39900.39900.1. The Legislature finds and declares all of the following:(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.39902.39900.4. It is further the intent of the Legislature to do all of the following:(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.(B)(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.(2) The dates of purchase and expected delivery.(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.
SECTION 1. Chapter 6 (commencing with Section 39900) is added to Part 2 of Division 26 of the Health and Safety Code, to read:
### SECTION 1.
CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.39900.39900.1. The Legislature finds and declares all of the following:(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.39902.39900.4. It is further the intent of the Legislature to do all of the following:(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.(B)(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.(2) The dates of purchase and expected delivery.(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.
CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.39900.39900.1. The Legislature finds and declares all of the following:(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.39902.39900.4. It is further the intent of the Legislature to do all of the following:(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.(B)(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.(2) The dates of purchase and expected delivery.(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.
CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program
CHAPTER 6. Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program
39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.
39900. This chapter shall be known, and may be cited, as the Lower Emissions Cargo Handling Equipment Pilot program.
39900.39900.1. The Legislature finds and declares all of the following:(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.
39900.39900.1. The Legislature finds and declares all of the following:
(a) It is in the best interests of all Californians to find innovative and cost-effective ways to eliminate the localized impacts from emissions of toxic air contaminants, including diesel emissions and other criteria pollutants, as quickly as possible, while it is in the best interests of all global citizens to reduce the total volume of greenhouse gas emissions.
(b) The state has accelerated emission reductions in many manners that benefit both local and global emission goals, including through regulatory enactments and the use of strategic incentives.
(c) The state must maintain its aggressive long-term priority emission reductions goals for decarbonization and the reduction of greenhouse gases through the implementation of zero-emission technologies while also addressing the priority of reducing the public health and air quality impacts of toxic air contaminants and criteria pollutants during the intervening years leading up to and during the implementation of zero-emission technologies.
(d) In those instances where zero-emission technologies are not yet commercially available, required by law, or economically feasible, transitional technologies can provide an effective bridging technology that results in significant reductions in toxic air contaminants and criteria pollutants in the short term until zero-emission technologies are implemented.
(e) Impacted California communities benefit from the reduction of toxic air contaminants and criteria pollutants earlier and greater than otherwise required by law.
(f) The state benefits from the enactment of programs statutes that encourage regulators and regulated industry to work cooperatively in the creation of programs that successfully result in the utilization and development of innovative new concepts to introduce zero-emission and lower emission equipment into seaport operations in California.
(g) It is in the best interests of the people of the State of California to achieve cumulative lower emission reduction outcomes at seaports and intermodal yards by application of innovative concepts in partnership with industry in a manner that protects public health and the environment.
(h)The state should encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emissions standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.
39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.
39900.2. It is the intent of the Legislature to encourage the purchase of equipment and vehicles that are built to existing decarbonization standards adopted by other jurisdictions, including the European Union, prior to the states adoption of its own zero-emission standards. Subsequent to the purchase of this equipment, the state should not penalize the voluntary adoption of these decarbonization standards for any equipment by prohibiting its use prior to the end of its useful life.
39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.
39901.39900.3. The Legislature further finds and declares that all emission reductions generated by the deployment of zero-emissions zero-emission cargo handling equipment pursuant to this chapter and prior to the adoption of regulations by the State Air Resources Board will result in a cumulative reduction in diesel toxic air contaminants, a cumulative reduction of nitrogen oxides emissions, and a cumulative reduction of greenhouse gas emissions for the life of the equipment being approved when compared to the current diesel engine standards. These reductions in emissions will thereby contribute to public health by reducing the total amount of diesel toxic air emissions in the state, contribute to a reduction of nitrogen oxides in nonattainment areas of the state, and reduce the states contribution to global greenhouse gases.
39902.39900.4. It is further the intent of the Legislature to do all of the following:(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.
39902.39900.4. It is further the intent of the Legislature to do all of the following:
(a) Facilitate an innovative program that produces Achieve early and extra reductions of local criteria and toxic air contaminant emissions and greenhouse gas emissions.
(b) Maximize near-term local emission reductions of toxic air contaminants and criteria pollutants and to accelerate global reductions of greenhouse gas emissions resulting in reductions that are greater than those that would otherwise occur under current law.
(c) Ensure that the cumulative emission reductions from seaport and intermodal yard equipment pursuant to this chapter will result in emissions that are less than the cumulative outcome of acting pursuant to the current and expected regulatory baseline.
(d) Provide owners of cargo handling equipment at California seaports and intermodal yards certainty about the useful life of equipment purchased pursuant to programs implemented by the state board pursuant to this chapter to meet required environmental standards. that meets zero-emission standard of less than 1 g CO2/kWh or less than 1 g CO2/km, promulgated by the European Union in Regulation (EU) 2019/1242.
(e) Encourage, in California, the investment in, purchase of, and use of clean cargo handling equipment as early as possible.
(f) Support the California goods movement industry to maintain its competitive advantage and avoid risking disinvestment or cargo diversion to locations with less stringent environmental regulations.
39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.(B)(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.
39903.39901. (a) (1) As used in this chapter, Cargo cargo handling equipment means any equipment that is either of the following: off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container cargo that meets the carbon dioxide (CO2) emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.
(1)(A)Any off-road, self-propelled vehicle, or equipment used at a port or intermodal railyard to lift or move container, bulk, or liquid cargo carried by ship, train, or another vehicle.
(B)
(2) Cargo handling equipment includes, but is not limited to, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, straddle carriers, reach stackers, forklifts, loaders, and aerial lifts, excavators, and dozers. lifts. Cargo handling equipment does not include any equipment that is licensed as an on-road vehicle. Cargo handling equipment does not include any excavators or dozers.
(2)Any piece of equipment that is considered zero emissions because it meets the definition for new heavy-duty vehicles at the time of its purchase pursuant to the CO2 emission performance standards adopted by the European Union in Regulation (EU) 2019/1242.
(b) For purposes of this chapter, cargo handling equipment does not mean any fully automated cargo handling equipment, including equipment that is remotely operated and remotely monitored with or without the exercise of human intervention or control. This section does not limit the use of devices that support human-operated cargo handling equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment.
39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.(2) The dates of purchase and expected delivery.(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.
39902. A piece of cargo handling equipment has qualified for participation in the Lower Emissions Cargo Handling Equipment Pilot program and is subject to this chapter when all of the following have occurred between the time the cargo handling equipment is purchased and the cargo handling equipment is delivered:
(a) (1) The manufacturer has certified that the equipment meets the emission specifications of less than 1 g CO2/kWh or less than 1 g CO2/km, the purchase requirement of this chapter, and the date of delivery of the piece of equipment.
(2) The manufacturer shall procure the opinion of an independent third party to validate that the certification rendered in this subdivision meets the emissions rate of less than 1 g CO2/kWh or less than 1 g CO2/km.
(b) The manufacturer physically affixes a label to the cargo handling equipment, or otherwise makes a note, in a prominent and readily viewable location on the cargo handling equipment, that contains both of the following:
(1) A description that reads, Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program.
(2) The dates of purchase and expected delivery.
(c) The manufacturer produces written copies confirming and containing the manufacturer certification, third-party validation of certification, and proof of equipment labeling or marking pursuant to this section.
39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.
39902.1. At all times postdelivery a piece of pilot technology equipment shall maintain its labeling or notation as a piece of pilot technology equipment.
39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.
39903. (a) A piece of cargo handling equipment subject to this chapter shall include, at the time of delivery, a description, warrant, or both, of the useful life of the piece of cargo handling equipment from the manufacturer. A piece of cargo handling equipment subject to this chapter that does not have a description, warrant, or both, of the useful life of the cargo handling equipment shall not be protected by the terms of this chapter.
(b) Under no circumstances shall the useful life of the piece of equipment provided under this section exceed the average useful life in years for port or rail operations provided for any specific equipment type as designated in the Emission Estimation Methodology for Cargo Handling Equipment Operating at Ports and Intermodal Rail Yards in California, Table II-6, as prepared by the board in support of adoption of Section 2479 of Title 13 of the California Code of Regulations.
39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.
39904. The state board shall not adopt a future regulation that prohibits or disallows for the use of its entire useful life from the date of delivery any cargo handling equipment that is purchased pursuant to the terms of this chapter before December 31, 2027. 2027, and subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life.
39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.
39905. Except as prescribed herein, this chapter is not intended to prescribe or otherwise preclude the application of any future emission standards by the board.
39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.
39906. This chapter is self-executing as adopted and does not require any implementing or interpretive rulemaking by the board or any other agency to become operative.