Cal. Code Regs. Tit. 17, § 93130 - Control Measure for Ocean-Going Vessels At Berth

The Control Measure for Ocean-Going Vessels At Berth is set forth in sections 93130 through 93130.22, title 17, California Code of Regulations, and is referenced as the "Control Measure" within those sections.

The Control Measure is designed to supersede section 93118.3 of title 17 and section 2299.3 of title 13 of the California Code of Regulations on January 1, 2023. However, on January 1, 2021, certain provisions in this Control Measure shall become operative alongside the requirements of section 93118.3 of title 17 and section 2299.3 of title 13 of the California Code of Regulations. These provisions are: sections 93130.5(e) Application process (for a CARB approved emission control strategy), 93130.14(a) Terminal Plans, 93130.14(b) Port Plans, 93130.14(d) Interim evaluation for new technologies and applications, 93130.16 Remediation Fund Administration, 93130.17(b) Application and approval process (for the innovative concept compliance option), and 93139.20 Violations (to allow for enforcement of the provisions that become operative January 1, 2021, as specified in this paragraph). These requirements apply before 2023, as specified, and are necessary before the Control Measure fully supersedes section 93118.3 of title 17 and section 2299.3 of title 13 of the California Code of Regulations.

On January 1, 2023, the remainder of the requirements of this Control Measure shall supersede the requirements of section 93118.3 of title 17 and section 2299.3 of title 13 of the California Code of Regulations. However, the reporting and recordkeeping requirements of section 93118.3(g) of title 17 shall remain in effect for compliance years through 2022. The annual statements of compliance for 2022 in section 93118.3(g)(1)(A)(2) and (g)(2)(A)(3) are still due to the Executive Officer on March 1, 2023. Annual Wharfinger data from the ports under section 93118.3(g)(3) is still due to the Executive Officer on April 1, 2023. Compliance records in section 93118.3(g)(1)(B), (g)(2)(B), and (g)(3)(B) are still required to be maintained for five years, through December 31, 2027.

As specified in section 93130.22, the individual provisions in this Control Measure are severable. However, if sections 93130 through 93130.22 collectively are repealed or deemed invalid in their entirety by a final court decision, the requirements of section 93118.3 of title 17 and section 2299.3 of title 13 of the California Code of Regulations shall again become operative.

Notes

Cal. Code Regs. Tit. 17, § 93130

1. New section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)

Note: Authority cited: Sections 38560, 38562, 39600, 39601, 39658, 39659, 39666, 43013 and 41511, Health and Safety Code. Reference: Sections 38510, 38530, 38562, 38566, 38580, 39600, 39650, 39658, 39659, 39666, 41510 and 41511, Health and Safety Code.

1. New section filed 12-30-2020; operative 1/1/2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)