BILL NUMBER: SB 300 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2009
PASSED THE ASSEMBLY SEPTEMBER 1, 2009
AMENDED IN ASSEMBLY AUGUST 20, 2009
AMENDED IN ASSEMBLY JULY 13, 2009
AMENDED IN ASSEMBLY JULY 8, 2009
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN ASSEMBLY JUNE 18, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Yee
(Coauthor: Assembly Member Torlakson)
FEBRUARY 25, 2009
An act to amend Sections 1130, 1137, 1156, 1156.6, 1157.1, 1171.5,
1176, 1190, and 1196 of the Harbors and Navigation Code, relating to
harbors and ports, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 300, Yee. Harbors and ports: Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun: pilotage rates: continuing
education.
(1) Existing law provides for the regulation and licensing of
pilots for the Bays of San Francisco, San Pablo, Suisun, and Monterey
by the Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun. Existing law requires the board to adopt
standards and a training program for pilots, inland pilots, and pilot
trainees.
This bill would instead require the board to adopt training
standards and a training program for pilot trainees, and continuing
education standards and a continuing education program for pilots and
inland pilots. The bill would require that fees from the surcharge
for each movement of a vessel using pilot services used for a
training program for pilots and inland pilots be used instead to fund
a pilot and inland pilot continuing education program.
(2) Existing law provides that all records of the board relating
to the personal information of a pilot are confidential and shall not
be open to public inspection.
This bill would include within that provision personal information
of an inland pilot, a pilot trainee, and an applicant to the pilot
training program.
The bill would also revise the information that is required to be
in a pilot's or inland pilot's record of account to exclude the name
of the vessel's master and where the vessel is registered.
(3) Existing law specifies the rates of pilotage for vessels
entering or leaving Monterey Bay and the Bays of San Francisco, San
Pablo, and Suisun through the Golden Gate Bridge. Existing law
establishes the mill rate chargeable to those vessels and authorizes
that rate to be changed under certain circumstances, including when
the number of licensed pilots is reduced to 60 pilots or falls below
60 pilots.
This bill would eliminate the general requirement to change the
rate under certain circumstances and instead require that the mill
rate in effect on January 1, 2006, be changed, as provided, if the
number of pilots licensed by the board is fewer than 60. The bill
would also provide that these new requirements would become
inoperative if on or after January 1, 2010, the number of pilots
licensed by the board is equal to or greater than 60.
(4) Existing law also imposes an incremental rate of additional
mills per high gross registered ton as is necessary and authorized by
the Board of Pilot Commissioners to recover the pilots' costs of
obtaining new pilot boats and of funding design and engineering
modifications for the purposes of extending the service life of
existing pilot boats, excluding costs for repair or maintenance.
This bill would also require, until January 1, 2011, a movement
fee as is necessary and authorized by the board to be paid as a
navigation technology surcharge in order to recover the pilots' costs
for the purchase, lease, or maintenance of navigation software,
hardware, and ancillary equipment purchased after November 5, 2008,
and before January 1, 2011.
Existing law requires that all moneys received by the Board of
Pilot Commissioners pursuant to the provisions of any law shall be
paid into the State Treasury to the credit of the Board of Pilot
Commissioners' Special Fund and are continuously appropriated to the
board for the payment of the compensation and expenses of the board
and its officers and employees.
By increasing the amount of revenue deposited into a continuously
appropriated fund and by authorizing the expenditure of money in that
fund for a new purpose, the bill would make an appropriation.
(5) The bill would also make technical changes.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1130 of the Harbors and Navigation Code is
amended to read:
1130. (a) A majority of all of the pilots licensed by the board
shall appoint one pilot to act as port agent to carry out the orders
of the board and other applicable laws, and to otherwise administer
the affairs of the pilots. The appointment is subject to the
confirmation of the board.
(b) The port agent shall be responsible for the general
supervision and management of all matters related to the business and
official duties of pilots licensed by the board.
(c) The port agent shall immediately notify the executive director
of the board of a suspected violation, navigational incident,
misconduct, or other rules violation that is reported to him or her
or to which he or she is a witness. The board shall adopt regulations
for the manner and content of a notice provided pursuant to this
section.
SEC. 2. Section 1137 of the Harbors and Navigation Code is amended
to read:
1137. (a) The account required pursuant to Section 1136 shall
show all of the following:
(1) The name of each vessel piloted.
(2) The name of each vessel for which pilotage has been charged or
collected.
(3) The amount charged to or collected for each vessel.
(4) Any rebates made and allowed and for what amounts.
(5) The depth of each vessel's draft and its highest gross
tonnage.
(6) Whether the vessel was inward or outward bound.
(b) The board shall record the accounts in full detail in a book
prepared for that purpose. The account book is a public record.
SEC. 3. Section 1156 of the Harbors and Navigation Code is amended
to read:
1156. (a) The board may appoint, fix the compensation of, and
from time to time adjust the compensation of, an executive director
who is exempt from the civil service laws, and other employees as may
be necessary. The executive director may perform all duties,
exercise all powers, discharge all responsibilities, and administer
and enforce all laws, rules, and regulations under the jurisdiction
of the board, with the approval of the board, including, but not
limited to, all of the following:
(1) The administration of personnel employed by the board in
accordance with the civil service laws.
(2) To serve as treasurer of the board and keep, maintain, and
provide the board with all statements of accounts, records of
receipts, and disbursements of the board in accordance with the law.
(3) The issuance and countersigning of licenses that shall also be
signed by the president of the board.
(4) The administration of matters and the maintenance of files
pertaining to action taken against licenses issued by the board.
(5) The administration of investigations of, and reporting on, a
navigational incident or other matter for which a license issued by
the board may be revoked or suspended.
(6) To work with board members, staff, and other interested
stakeholders to recommend improvements in the pilot training program.
(7) Under the direction of the board, to coordinate with other
state and federal agencies charged with protecting the environment
and with the oil and hazardous chemical shipping industry.
(8) Any other function, task, or duty as may reasonably be
assigned by the president of the board, including, but not limited
to, performing research and obtaining documents and other evidence
for board activities, including rate hearings.
(b) The Governor shall appoint one assistant director to serve at
the pleasure of the Governor. The assistant director shall have the
duties as assigned by the executive director, and shall be
responsible to the executive director for the performance of his or
her duties.
(c) The board may employ personnel necessary to carry out the
purposes of this chapter. All personnel shall be appointed pursuant
to the State Civil Service Act (Part 1 (commencing with Section
18000) of Division 5 of Title 2 of the Government Code), except for
the executive director and the assistant director, who shall be
exempt from state civil service. The board may fix the compensation
of, and from time to time adjust the compensation of, any employees
as may be necessary.
(d) All personnel of the board shall be appointed, directed, and
controlled by the board, the executive director, or the board's
authorized deputies or agents to whom it may delegate its powers.
(e) The board may contract and employ commission investigators.
The board shall adopt regulations for the minimum standards for a
commission investigator that shall include, but are not limited to, a
basic knowledge of investigative techniques and maritime issues.
SEC. 4. Section 1156.6 of the Harbors and Navigation Code is
amended to read:
1156.6. (a) Whenever suspected safety standard violations
concerning pilot hoists, pilot ladders, or the proper rigging of
pilot hoists or pilot ladders are reported to the board, the
executive director shall assign a commission investigator to
personally inspect the equipment for its compliance with the relevant
safety standards promulgated by the United States Coast Guard and
the International Maritime Organization. The commission investigator
shall report preliminary conclusions, including an assessment of the
equipment's compliance with the relevant safety standards, to the
executive director as soon as possible. If, in the preliminary
report, the equipment is found to be in violation, or in likely
violation in the opinion of the commission investigator, of the
relevant safety standards, the executive director shall immediately
alert the cognizant United States Coast Guard office. The commission
investigator shall submit a written report to the incident review
committee as established by subdivision (a) of Section 1180.3 that
shall remain confidential until reported to the board. The incident
review committee, in turn, shall report its findings and
recommendations, if any, to the board. The board shall receive the
incident review committee's findings, which may include other
reports, information, or statements from interested parties. The
board shall specify, by regulation, the information that shall be
contained in the report.
(b) This section applies to the pilotage grounds, as defined in
Section 1114.5. Whenever a vessel passes outside of the pilotage
grounds, the commission investigator's report shall include that fact
along with a description of the incident.
(c) The record of the investigation and the board's findings and
recommendations, if any, shall be a public record maintained by the
board.
SEC. 5. Section 1157.1 of the Harbors and Navigation Code is
amended to read:
1157.1. (a) Except as provided in Section 1157.4, all records of
the board relating to the personal information of a pilot, an inland
pilot, a pilot trainee, or an applicant to the pilot trainee training
program are confidential and shall not be open to public inspection.
(b) For purposes of this section, "personal information" means
information, other than the name and mailing address, that identifies
an individual, including an individual's photograph, social security
number, address, telephone number, and medical or disability
information, but does not include other information related to
licensing such as incidents, rules or safety violations, misconduct,
training records, commendations, and license status.
SEC. 6. Section 1171.5 of the Harbors and Navigation Code is
amended to read:
1171.5. (a) The board shall adopt, by regulation, licensing
standards that equal or exceed standards for obtaining federal
endorsements and that conform with and support the state policy
specified in Sections 1100 and 1101.
(b) The board shall adopt reasonable rules and regulations that
require pilots to be qualified to perform all pilot duties.
(c) The board shall adopt, by regulation, training standards and a
training program for pilot trainees, and continuing education
standards and a continuing education program for pilots and inland
pilots. In the case of pilot trainees, the training program shall be
for a minimum of one year and a maximum of three years. In the case
of pilots and inland pilots, the board shall specify the type,
nature, duration, and frequency of the continuing education required
and the identity of the pilots or inland pilots who are required to
undergo continuing education in the next 12-month period. Pursuant to
Section 1182, the license of a pilot or an inland pilot may be
revoked or suspended if he or she fails to complete the continuing
education required by this subdivision during the period specified.
The board shall also require that an evaluation of the pilot's or
inland pilot's performance be prepared by the institution selected by
the board to provide pilot continuing education, and the institution
shall provide copies of the evaluation to the pilot or inland pilot
and to the board.
(d) The board shall adopt, by regulation, the qualifications,
standards, and rating criteria for admission of pilot trainees to the
training program. Notwithstanding subdivision (f), the board shall
administer and conduct the pilot trainee admission selection in
accordance with the regulations for admission.
(e) The board shall establish a pilot evaluation committee
consisting of five active pilots who each have at least 10 years'
experience as a pilot on the Bays of San Francisco, San Pablo, and
Suisun. The board shall select the members of the pilot evaluation
committee. A member may not serve for more than two four-year terms,
except that two of the initial members appointed to the pilot
evaluation committee shall serve terms of two years.
(f) The pilot evaluation committee shall conduct and supervise the
pilot trainee training program pursuant to the direction and
regulation of the board and consistent with the intent of this
division.
(g) The board shall issue a certificate of completion to each
pilot trainee who satisfactorily completes the training program. The
board shall not issue a pilot's license to any person who does not
receive a certificate of completion of the training program from the
board, although the board may refuse to issue a pilot license to a
pilot trainee who has received this certificate.
(h) The training program for pilot trainees and the continuing
education program for pilots and inland pilots shall be funded from
revenues collected for these purposes as determined by the board
pursuant to Sections 1195 and 1196 and deposited into the Board of
Pilot Commissioners' Special Fund pursuant to Section 1159.
SEC. 7. Section 1176 of the Harbors and Navigation Code is
amended to read:
1176. (a) The board shall appoint a physician or physicians who
are qualified to determine the suitability of a person to perform his
or her duties as a pilot, an inland pilot, or a pilot trainee in
accordance with subdivision (c).
(b) An applicant for a pilot trainee position or for a pilot
license, an existing pilot trainee, a pilot, or or an inland pilot
seeking renewal of his or her license shall undergo a physical
examination by a board appointed physician in accordance with
standards prescribed by the board. Within 30 days prior to the
examination, the applicant or licensee shall submit to the physician
conducting the physical examination a complete list of all prescribed
medications being taken by or administered to the applicant or
licensee.
(c) On the basis of both the examination and an evaluation of the
effects of the prescription medications named on the submitted list,
the physician shall designate to the board whether or not the pilot,
inland pilot, or pilot trainee is fit to perform his or her duties as
a pilot, an inland pilot, or a pilot trainee.
(d) The license of a pilot or an inland pilot shall not be renewed
unless he or she is found fit for duty pursuant to subdivision (c).
(e) Whenever a pilot, an inland pilot, or a pilot trainee is
prescribed either a new dosage of a medication or a new medication,
or suspends the use of a prescribed medication, he or she shall,
within 10 days, submit that information to the board appointed
physician having possession of the prescribed medication list
submitted pursuant to subdivision (b). Whenever the physician
receives the updated information, the physician shall determine
whether or not the medication change affects the licensee's or
trainee's fitness for duty. If the physician determines that the
medication change results in the pilot, inland pilot, or pilot
trainee being unfit for duty, the physician shall inform the board.
(f) The board may terminate a pilot trainee or suspend or revoke
the license of a pilot or an inland pilot who fails to submit the
prescribed medication information required by this section.
SEC. 8. Section 1190 of the Harbors and Navigation Code is amended
to read:
1190. (a) Every vessel spoken inward or outward bound shall pay
the following rate of bar pilotage through the Golden Gate and into
or out of the Bays of San Francisco, San Pablo, and Suisun:
(1) Eight dollars and eleven cents ($8.11) per draft foot of the
vessel's deepest draft and fractions of a foot pro rata, and an
additional charge of 73.01 mills per high gross registered ton as
changed pursuant to law in effect on December 31, 1999. The mill
rates established by this paragraph may be changed as follows:
(A) (i) On and after January 1, 2010, if the number of pilots
licensed by the board is 58 or 59 pilots, the mill rate in effect on
December 31, 2006, shall be decreased by an incremental amount that
is proportionate to one-half of the last audited annual average net
income per pilot for each pilot licensed by the board below 60
pilots.
(ii) On and after January 1, 2010, if the number of pilots
licensed by the board is fewer than 58 pilots, the mill rate in
effect on December 31, 2006, shall be adjusted in accordance with the
method described in clause (i) as though there are 58 pilots
licensed by the board.
(iii) The incremental mill rate adjustment authorized by this
subparagraph shall be calculated using the data reported to the board
for the number of gross registered tons handled by pilots licensed
under this division during the same 12-month period as the audited
annual average net income per pilot. The incremental mill rate
adjustment shall become effective at the beginning of the immediately
following quarter, commencing January 1, April 1, July 1, or October
1, as directed by the board.
(iv) On and after January 1, 2010, if, during any quarter
described in this paragraph, the number of pilots licensed by the
board is equal to or greater than 60, clauses (i) to (iii),
inclusive, shall become inoperative on the first day of the
immediately following quarter.
(B) There shall be an incremental rate of additional mills per
high gross registered ton as is necessary and authorized by the board
to recover the pilots' costs of obtaining new pilot boats and of
funding design and engineering modifications for the purposes of
extending the service life of existing pilot boats, excluding costs
for repair or maintenance. The incremental mill rate charge
authorized by this subparagraph shall be identified as a pilot boat
surcharge on the pilots' invoices and separately accounted for in the
accounting required by Section 1136. Net proceeds from the sale of
existing pilot boats shall be used to reduce the debt on the new
pilot boats and any debt associated with the modification of pilot
boats under this subparagraph. The board may adjust a pilot boat
surcharge to reflect any associated operational savings resulting
from the modification of pilot boats under this subparagraph,
including, but not limited to, reduced repair and maintenance
expenses.
(C) In addition to the incremental rate specified in subparagraph
(B), the mill rate established by this subdivision may be adjusted at
the direction of the board if, after a hearing conducted pursuant to
Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code, the board determines
that there has been a catastrophic cost increase to the pilots that
would result in at least a 2-percent increase in the overall annual
cost of providing pilot services.
(2) A minimum charge for bar pilotage shall be six hundred
sixty-two dollars ($662) for each vessel piloted.
(3) The vessel's deepest draft shall be the maximum draft
attained, on a stillwater basis, at any part of the vessel during the
course of such transit inward or outward.
(b) The rate specified in subdivision (a) shall apply only to a
pilotage that passes through the Golden Gate to or from the high seas
to or from a berth within an area bounded by the Union Pacific
Railroad Bridge to the north and Hunter's Point to the south. The
rate for pilotage to or from the high seas to or from a point past
the Union Pacific Railroad Bridge or Hunter's Point shall include a
movement fee in addition to the basic bar pilotage rate as specified
by the board pursuant to Section 1191.
(c) The rate established in paragraph (1) of subdivision (a) shall
be for a trip from the high seas to dock or from the dock to high
seas. The rate specified in Section 1191 shall not be charged by
pilots for docking and undocking vessels. This subdivision does not
apply to the rates charged by inland pilots for their services.
(d) The board shall determine the number of pilots to be licensed
based on the 1986 manpower study adopted by the board.
(e) Consistent with the board's May 2002 adoption of rate
recommendations, the rates imposed pursuant to paragraph (1) of
subdivision (a) that are in effect on December 31, 2002, shall be
increased by 4 percent on January 1, 2003; those in effect on
December 31, 2003, shall be increased by 4 percent on January 1,
2004; those in effect on December 31, 2004, shall be increased by 3
percent on January 1, 2005; and those in effect on December 31, 2005,
shall be increased by 3 percent on January 1, 2006.
(f) (1) There shall be a movement fee as is necessary and
authorized by the board to recover a pilot's costs for the purchase,
lease, or maintenance of navigation software, hardware, and ancillary
equipment purchased after November 5, 2008, and before January 1,
2011.
(2) The software, equipment, and technology covered by this
subdivision shall be used strictly and exclusively to aid in piloting
on the pilotage grounds. The movement fee authorized by this
subdivision shall be identified as a navigation technology surcharge
on a pilot's invoices and separately accounted for in the accounting
required by Section 1136. The board shall review and adjust as
necessary the navigation technology surcharge at least quarterly.
This subdivision shall become inoperative on January 1, 2011.
SEC. 9. Section 1196 of the Harbors and Navigation Code is amended
to read:
1196. (a) In addition to other fees for pilotage, there shall be
a surcharge in an amount established by the board for each movement
of a vessel using pilot services for the pilot and inland pilot
continuing education program established by the board.
(b) The moneys charged and collected each month from the pilot and
inland pilot continuing education program surcharge shall be paid to
the board. The moneys shall be used only to fund the pilot and
inland pilot continuing education program in the manner established
by the board.
(c) By action of the board, the board may adjust the amount
established pursuant to subdivision (a) as necessary to efficiently
administer the pilot and inland pilot continuing education program.