654.4.
(a) For purposes of this section, the following definitions apply:(1) (A) “Commercial harbor craft” means a vessel regulated under Section 93118.5 of Title 17 of the California Code of Regulations and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.
(B) “Commercial harbor craft” does not include a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.
(2) “Diesel particulate filter” means an emission control technology
that reduces diesel particulate matter emissions in engine exhaust gases by trapping the particles in a flow filter substrate and periodically removes the collected particles by either physical action or by burning off the particles in a process called regeneration.
(3) “Emergency situation” includes, but is not limited to, any time a commercial harbor craft vessel loses engine power or propulsion.
(4) “Pilot vessel” means a vessel designed and used for the transfer and transport of maritime pilots to and from oceangoing vessels while those vessels are underway, at anchor, or at dock.
(b) A diesel particulate filter retrofitted onto the engine of a commercial harbor craft shall include an override or bypass safety system
that ensures that the commercial harbor craft can maintain a safe level of propulsion in the event of an emergency situation. The override or bypass safety system shall be designed so that the diesel particulate filter’s operation may resume immediately after the emergency situation has ended.
(c) The override or bypass safety system shall be designed and installed by its manufacturer as part of the diesel particulate filter.
(d) The override or bypass safety system shall be equipped by its manufacturer with an electric monitoring and tracking system to track each time the override or bypass safety system is used. The manufacturer shall provide written materials to the commercial harbor craft owner or operator regarding both of the following:
(1) The safe and proper use of the override or bypass safety system during an emergency situation.
(2) How to document and report each use of the override or bypass safety system to its manufacturer.
(e) If a commercial harbor craft loses engine power or propulsion during an emergency situation, the owner or operator of the commercial harbor craft may activate the override or bypass safety system.
(f) Within 30 calendar days of the use of an override or bypass safety system, the owner or operator of the commercial harbor craft shall report to the manufacturer of the override or bypass safety system and the State Air Resources Board
all of the following:
(1) The emergency situation that triggered the use of the override or bypass safety system.
(2) The operational time that the override or bypass safety system was in use.
(3) When the override or bypass safety system was deactivated.
(4) How using the override or bypass safety system mitigated the emergency situation.
(g) The owner or operator of a commercial harbor craft shall maintain a record of information regarding the use of the override or bypass safety system, including the information reported pursuant to subdivision (f). This information shall be
made available to the State Air Resources Board upon request.
(h) Following the expiration of an exemption granted pursuant to Section 93118.5 of Title 17 of the California Code of Regulations, if applicable, a commercial harbor craft, subject to inspection pursuant to Section 137.300 of Title 46 of the Code of Federal Regulations and authorized to install a new engine or retrofit an existing engine pursuant to Section 2299.5 of Title 13 or Section 93118.5 of Title 17 of the California Code of Regulations, as those sections were amended in 2022, is not required to comply with the requirement to install a new engine or retrofit an existing engine pursuant to Section 2299.5 of Title 13 or
Section 93118.5 of Title 17 of the California Code of Regulations until its next inspection by the United States Coast Guard or third-party organization certification under Section 139.115 of Title 46 of the Code of Federal Regulations or until 30 months from the otherwise operative date of compliance, whichever is sooner.