BILL NUMBER: AB 907 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ma
FEBRUARY 17, 2011
An act to amend Sections 1190, 1191, 1196, 1196.1, and 1196.3 of
the Harbors and Navigation Code, relating to harbors and ports.
LEGISLATIVE COUNSEL'S DIGEST
AB 907, as introduced, Ma. Harbors and ports: Monterey Bay and the
Bays of San Francisco, San Pablo, and Suisun: pilotage.
Existing law provides for the regulation and licensing of pilots
for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun
by the Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun. Existing law specifies the rates of bar
pilotage for vessels inward or outward bound through the Golden Gate
and into or out of the Bays of San Francisco, San Pablo, and Suisun.
This bill would delete obsolete rate increases in those
provisions.
Existing law requires the board to adopt a schedule of pilotage
rates applicable to pilots and inland pilots for those operations
that are not otherwise provided for under existing law. Existing law
also requires the board to establish a surcharge for each movement of
a vessel using pilot services to be used for the pilot and inland
pilot continuing education program established by the board.
This bill would make those provisions inapplicable to inland
pilots. The bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. 2. Section 1191 of the Harbors and Navigation Code is amended
to read:
1191. (a) The board, pursuant to Chapter 6 (commencing with
Section 1200), shall recommend that the Legislature, by statute,
adopt a schedule of pilotage rates providing fair and reasonable
return to pilots and inland pilots engaged in ship
movements or special operations where rates for those movements or
operations are not specified in Section 1190.
(b) Every vessel using pilots and inland pilots
for ship movements or special operations that do not constitute bar
pilotage shall pay the rate specified in the schedule of pilotage
rates adopted by the Legislature.
(c) Consistent with the board's adoption of rate recommendations
in May 2002, the minimum rates imposed pursuant to this section that
are in effect on December 31, 2002, shall be increased by 26 percent
on January 1, 2003; those in effect on December 31, 2003, shall be
increased by 26 percent on January 1, 2004; those in effect on
December 31, 2004, shall be increased by 14 percent on January 1,
2005; and those in effect on December 31, 2005, shall be increased by
14 percent on January 1, 2006.
SEC. 3. 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.
SEC. 4. Section 1196.1 of the Harbors and Navigation Code is
amended to read:
1196.1. (a) The moneys charged and collected each month from the
pilot and inland pilot continuing education
surcharge pursuant to Section 1196 shall be paid to the Board of
Pilot Commissioners' Special Fund pursuant to Section 1159. The
moneys shall be used only to fund the pilot and inland pilot
continuing education program referred to in subdivision
(h) of Section 1171.5 and Section 1196.3.
(b) Information regarding moneys remitted to the Board of Pilot
Commissioners' Special Fund pursuant to Section 1159 collected from
the surcharge authorized pursuant to Section 1196, or otherwise
collected by the board for that purpose, and information regarding
moneys spent as pilot and inland pilot continuing
education expenses authorized by Section 1196.3 shall be made
available to the public upon request and to the board or its finance
committee.
SEC. 5. Section 1196.3 of the Harbors and Navigation Code is
amended to read:
1196.3. Pilot and inland pilot continuing
education expenses shall include all costs incurred by the board in
the operation and administration of the pilot and inland
pilot continuing education program and all costs resulting
from any contracts entered into for the purchase or lease of goods
and services required by the board, including, but not limited to,
the reimbursement of costs of services provided to the board by other
governmental entities, and for the costs for any other goods and
services necessary for effectuating the purposes of continuing
education as determined by the board.