This section sets forth an additional compliance option that may be used under limited circumstances where vessel operators, terminal operators, CAECS operators, and/or ports have made certain enforceable commitments to controlling emissions at berth. Even if the emissions are not controlled for all or part of a vessel visit, under certain circumstances, a vessel operator, terminal operator, CAECS operator, or port may qualify to remediate emissions, as set forth in this section.
(a) For a vessel operator, terminal operator, CAECS operator, or port to utilize the remediation fund, a remediation fund administrator must be established with a Memorandum of Understanding executed with CARB under section 93130.16 of this Control Measure to manage the funds generated at that port or independent marine terminal.(b) Vessel operators, terminal operators, CAECS operators, and ports may request to use the remediation fund option in the following circumstances, if the request is supported by compelling documentation that demonstrates the eligibility of the request, consistent with the criteria in this section, as determined by CARB. (1) Terminal or port equipment repairs - a terminal or port has invested in shoreside control equipment, and maintains that equipment according to manufacturer recommendations, but that equipment needs maintenance, needs commissioning, has failed and is being repaired, or new or replacement equipment has been ordered in a timely manner, but has not been received.(2) Vessel equipment repairs -- a vessel operator has invested in shore power or other on-board control equipment, and maintains that equipment according to manufacturer recommendations, but that equipment needs maintenance, needs commissioning, has failed and is being repaired, or new or replacement equipment has been ordered in a timely manner, but has not been received.(3) Delays with operation of existing control strategy - a vessel visits a berth and all parties have taken the required actions to use a CARB approved control strategy, but the visit fails to achieve the full emission reductions required under section 93130.5 of this Control Measure due to a delay or interruption in controlling emissions or a failure of the CAECS operator under contract to perform. If a CAECS operator has a malfunction that causes or contributes to a delay or interruption in emissions control, that operator must notify CARB of the malfunction according to the provisions of section 93130.12(c) of this Control Measure for that visit to be eligible to use the remediation fund for the uncontrolled hours of the visit.(4) Terminal or port construction project - a terminal or port has invested in shoreside control equipment, and maintains that equipment according to the manufacturer recommendations, but takes that equipment out of service to allow a planned terminal upgrade or construction project that cannot safely be performed with the terminal side control equipment operating.(5) A terminal plan deemed acceptable under section 93130.14(c) of this Control Measure identifies a physical and/or operational constraint that is delaying the implementation of a CARB approved emission control strategy at the terminal.(c) For excess vessel emissions that are otherwise required to be reduced under section 93130.5 of this Control Measure, the vessel operator, terminal operator, or port may elect to request use of the remediation fund option for each hour of uncontrolled emissions during a vessel visit if all of the criteria in this section 93130.15 of this Control Measure are met. Such request shall be submitted to CARB electronically within 30 calendar days of the vessel's departure, according to the requirements of section 93130.7(e) for vessel operators, section 93130.9(d) for terminal operators, and section 93130.13 for ports.(d) For each request to use the remediation fund option, CARB shall evaluate the request to determine if the requirements of this section have been met and the request is eligible. If the party requesting use of the remediation fund option fails to adequately support its eligibility for that option based on the criteria in subsection (c), above, to CARB's satisfaction, then CARB may deny that request. Within 30 calendar days of receipt of each request, CARB shall notify the requestor whether the visit or visits are eligible to use the remediation fund option. Ineligible requests to use the remediation fund for a vessel visit shall result in that visit being considered non-compliant with this regulation.(e) Within 30 calendar days of CARB's determination of eligibility, the requestor shall transfer a sum equal to the number of hours of excess emissions times the applicable hourly payment to the CARB approved fund administrator, according to the specific payment provisions established by that administrator in its Memorandum of Understanding with CARB. Each partial hour of excess emissions shall be counted as a full hour for the purpose of calculating the payment. These payments are intended to cover the administrators cost to achieve emission reductions through incentive activities in the communities exposed to the excess emissions, including 10 percent for administration expenses.(f) Remediation fund hourly amount. Table 4: Remediation Fund Hourly Amount
| Vessel Type | Hourly Remediation Payment Beginning in 2023* |
| Normal Rate | Tier III Rate |
| Container, Reefer, Ro-ro | $1,900 | $1,100 |
| Tanker with electric pumps | $1,600 | $1,000 |
| Tanker with steam driven pumps | $3,400 | $2,700 |
| Passenger vessels with capacity under 1,500 combined passengers and crew | $5,300 | $3,200 |
| Passenger vessels with capacity of 1,500 or more combined passengers and crew | $12,000 | $7,100 |
* Remediation payments used by vessel operators shall be reduced by 20 percent for IMO Tier III tanker vessels with steam driven pumps, and 40 percent for all other IMO Tier III vessels.
(g) Prior to the beginning of each odd numbered calendar year, the hourly remediation payment amounts set forth in this section and listed in Table 4 shall be adjusted by considering the current Consumer Price Index values published by the Bureau of Labor Statistics relative to 2019, to determine the hourly remediation payment amounts for that calendar year and the subsequent year. CARB shall post any updates to the hourly remediation payment on its website.(h) For requests to use the remediation fund option for multiple vessel visits over an extended time period, the requestor may seek a prospective eligibility determination from CARB before the relevant visit occurs. Upon CARB's determination of eligibility, the requestor shall report data on each vessel visit within the required 30 calendar days, and shall make payments at least monthly to the remediation fund administrator until the equipment is operational again and payments have been made for all uncontrolled vessel visits.Cal. Code Regs. Tit. 17, § 93130.15
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.)