Cal. Code Regs. tit. 17 § 93130.3

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 93130.3 - Applicability

(a) General applicability.

Except as provided in section 93130.4 Exceptions, this Control Measure applies to:

(1) any person who owns, operates, charters, or leases any United States or foreign-flag ocean-going vessel that visits a California port, terminal, or berth;

(2) any person who owns, operates, or leases a port, terminal, or berth located where ocean-going vessels visit; and

(3) any person who owns, operates, or leases a CAECS for ocean-going vessel auxiliary engines or tanker auxiliary boilers.

All responsible parties may be held jointly and severally liable for violating this Control Measure.

(b) Federal requirements.

Nothing in this Control Measure shall be construed to amend, repeal, modify, or change any applicable federal laws or regulations, including any United States Coast Guard regulations or requirements. Nothing in this Control Measure shall be construed to require anyone to take any action prohibited by the United States Constitution or the California Constitution. Any person subject to this Control Measure shall ensure compliance with both federal regulations (including any United States Coast Guard regulations) and the requirements of this Control Measure, including but not limited to, where applicable, obtaining any necessary approvals, exceptions, or orders from the United States Coast Guard. To the extent any requirements in this Control Measure conflict with any applicable federal regulation, the requirements of the federal regulation shall prevail.

Cal. Code Regs. Tit. 17, § 93130.3

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.)