BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1888|
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CONSENT
Bill No: AB 1888
Author: Ma (D)
Amended: 6/14/10 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 6/22/10
AYES: Wright, Harman, Calderon, Denham, Florez, Negrete
McLeod, Padilla, Price, Yee
NO VOTE RECORDED: Oropeza, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/6/10 (Consent) - See last page for
vote
SUBJECT : Harbors and ports: Monterey Bay and the Bays
of San
Francisco, San Pablo, and Suisun: pilotage
rates
SOURCE : San Francisco Bar Pilots Association
DIGEST : This bill makes various changes to the Harbors &
Navigation Code relating to the Board of Pilot
Commissioners and pilotage for the Bays of Monterey, San
Francisco, San Pablo and Suisun.
ANALYSIS : Existing law establishes in state government
the Board of Pilot Commissioners (Board), with jurisdiction
over Monterey Bay and the Bays of San Francisco, San Pablo,
CONTINUED
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and Suisun. Existing law directs the Board to regulate
pilotage and provides for the licensing, regulation, and
management of pilots in these Bays. The Board consists of
seven members appointed by the Governor, with the consent
of the Senate, as follows: (1) two members must be
licensed pilots; (2) two members must represent the
industry and be substantial users of Monterey Bay and any
of the waters of the Bays of San Francisco, San Pablo, or
Suisun; and, (3) three must be "public" members.
Existing law prescribes pilotage rates for vessels and
requires vessels spoken inward or outward bound to pay a
specified rate of bar pilotage through the Golden Gate and
into or out of the Bays of San Francisco, San Pablo and
Suisun and vessels navigating the waters of Monterey Bay
are also required to pay a specified rate.
Existing law provides that the Board shall, from time to
time, review pilotage expenses and establish guidelines for
the evaluation and application of these expenses regarding
its recommendations for adjustments in rates. Currently,
those rates may be adjusted at the direction of the Board
in the event of specified changes in the number of pilots
or catastrophic cost increases. Specifically, current law
requires an adjustment to rates when the number of pilots
falls below 60 or rises above 60.
Existing law also imposes a Board operation surcharge of
pilotage fees, as specified, to be deposited in the Board
of Pilot Commissioners' Special Fund and used to support
the Board, and imposes an additional charge for pension
benefits payable to a fiduciary agent, as specified. The
Fund is continuously appropriated for the payment of the
compensation and expenses of the Board, its officers and
employees. Additionally, existing law provides for a pilot
trainee surcharge and a pilot and inland pilot training
program surcharge that pays for these respective training
programs.
Existing law exempts from those pilotage fees and
surcharges referenced above noncommercial vessels that are
maritime academy training vessels and vessels owned and
exhibited by nonprofit museums or foundations.
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3
Existing law exempts from pilotage fees a vessel sailing
under a coastwise license or appropriately endorsed
registry and engaged in the coasting trade, as described,
unless a pilot or inland pilot is actually used. A foreign
vessel, a vessel bound to or from a foreign port, or a
vessel sailing under a register is required to use a pilot
or inland pilot. These provisions do not apply to a vessel
that is less than 300 gross tons and is manufactured and
used for private recreation.
Existing law requires pilots to submit to the Board every
month a verified account of all moneys or other
compensation received by the pilot or inland pilot as a
result of pilotage services, or by any other person for the
pilot or inland pilot, or on the pilot's or inland pilot's
account, on the forms furnished by the board.
This bill:
1. Staggers the terms for members of the Board who are
licensed pilots and industry representatives, as
specified.
2. Exempts from pilotage fees and surcharges noncommercial
vessels that are maritime academy training vessels and
vessels owned and operated by nonprofit museums or
foundations.
3. Increases the minimum size of vessel that requires
pilotage from 300 gross tons to 750 gross tons.
4. Requires bar pilots to include the amount of fees and
surcharges not collected from training and nonprofit
vessels in their monthly accounting reports.
Comments
According to the sponsor of this bill, the San Francisco
Bar Pilots Association, bar pilots have historically waived
fees for museum ships as well as for maritime academy
ships. Last year the bar pilots were informed that this
practice was in violation of existing law that states all
ships must pay. The bar pilots have requested an amendment
to existing law that will permit the free service to
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continue. According to the bar pilots, pilots piloted such
vessels only three or four times last year.
Additionally, as noted above, existing law exempts from
mandatory pilotage fees recreational vehicles (yachts) of
300 gross registered tons or less. Bar pilots contend that
it is often unsafe to board yachts because of their hull
designs and therefore have requested an amendment to the
Harbors & Navigation Code which would exempt from mandatory
pilotage recreational vehicles of 750 registered tons or
less. Unlike larger commercial vessels, larger pleasure
craft draw only about 10-12 feet of water, making them
unlikely to run aground and, therefore, free of need for
pilotage. Bar pilots also claim that large recreational
craft tend to have flared sides, rather than vertical sides
like most commercial vessels, making the recreational craft
dangerous to board in the open sea. Last year, the bar
pilots piloted nine yachts between 300 gross tons and 750
gross tons for a total of 36 boardings.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/2/10)
San Francisco Bar Pilots Association (source)
Pacific Merchant Shipping Association
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
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Mendoza, Vacancy
TSM:do 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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