BILL NUMBER: AB 2637 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 19, 2010
An act to amend Sections 1100, 1101, 1105, 1110, 1112, 1114.5,
1125, 1126, 1127, 1128, 1132, 1133, 1140, 1141, 1150, 1170.3, 1177,
1190.1, 1192, and 1195 of, and to amend the heading of Division 5
(commencing with Section 1100) of, the Harbors and Navigation Code,
relating to bay pilots, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2637, as introduced, Chesbro. Bay pilots: Humboldt Bay.
(1) Existing law establishes the Humboldt Bay Harbor, Recreation,
and Conservation District within Humboldt County. Existing law
provides for the regulation and licensing of pilots for Humboldt Bay
by the Board of Commissioners of the Humboldt Bay Harbor, Recreation,
and Conservation District.
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.
This bill would apply those provisions also to persons who pilot
vessels into or out of any harbor or port of the bay of Humboldt Bay.
(2) Under existing law, any person who does not hold a license as
a pilot or as an inland pilot and who pilots any vessel into or out
of any harbor or port of Monterey Bay or the Bays of San Francisco,
San Pablo, or Suisun, or who acts as a pilot for ship movements or
special operations upon the waters of any of those bays, is guilty of
a misdemeanor.
By expanding the scope of persons subject to that law to include
pilots in Humboldt Bay, the bill would impose a state-mandated local
program by creating a new crime.
(3) Existing law requires all moneys received by the Board of
Pilot Commissioners pursuant to any statute to be deposited in the
Board of Pilot Commissioners' Special Fund. The fund is continuously
appropriated for the payment of the compensation and expenses of the
board, its officers and employees, and the pilot training programs.
Existing law specifies the rates for pilotage for vessels entering or
leaving Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun. Existing law also imposes various surcharges for, among other
things, board operations, training programs, and pension benefits.
Because this bill would increase the amount of money deposited in
a continuously appropriated fund, the bill would make an
appropriation.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Division 5 (commencing with Section
1100) of the Harbors and Navigation Code is amended to read:
DIVISION 5. PILOTS FOR HUMBOLDT BAY, MONTEREY BAY
, AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN
SEC. 2. Section 1100 of the Harbors and Navigation Code is amended
to read:
1100. The Legislature finds and declares that it is the policy of
the state to ensure the safety of persons, vessels, and property
using Humboldt Bay, Monterey Bay , and the Bays
of San Francisco, San Pablo, and Suisun, and the tributaries
thereof, and to avoid damage to those waters and surrounding
ecosystems as a result of vessel collision or damage, by providing
competent, efficient, and regulated pilotage for vessels required by
this division to secure pilotage services.
SEC. 3. Section 1101 of the Harbors and Navigation Code is amended
to read:
1101. The Legislature further finds and declares all of the
following:
(a) The maritime industry is necessary for the continued economic
well-being and cultural development of all California citizens.
(b) The Bays of San Francisco, San Pablo, and Suisun provide a
vital transportation route for the maritime industry.
(c) The increase in vessel size and traffic, and the increase in
cargoes carried in bulk, particularly oil and gas and hazardous
chemicals, create substantial hazards to the life, property, and
values associated with the environment of those waters.
(d) The federal government has long adopted the policy of
providing minimum standards that ensure port and waterway safety
while encouraging state control over pilot qualifications and
licensing.
(e) A program of pilot regulation and licensing is necessary in
order to ascertain and guarantee the qualifications, fitness, and
reliability of qualified personnel who can provide safe pilotage of
vessels entering and using Humboldt Bay, Monterey Bay
, and the Bays of San Francisco, San Pablo, and Suisun.
(f) The need to ensure safe and pollution-free waterborne commerce
requires that pilotage services be employed in the confined,
crowded, and environmentally sensitive waters of those bays.
(g) Bar pilotage in the Bays of San Francisco, San Pablo, and
Suisun has continuously been regulated by a single-purpose state
board since 1850, and that regulation and licensing should be
continued.
(h) The individual physical safety and well-being of pilots is of
vital importance in providing required pilot services.
SEC. 4. Section 1105 of the Harbors and Navigation Code is amended
to read:
1105. This division applies to pilots for Humboldt Bay,
Monterey Bay , and the Bays of San Francisco, San
Pablo, and Suisun.
SEC. 5. Section 1110 of the Harbors and Navigation Code is amended
to read:
1110. (a) "Bays of San Francisco, San Pablo, and Suisun" means
all the waters of those bays and of the tributaries, ports, and
harbors of those bays, and includes the water areas from the south
end of San Francisco Bay and from the Ports of Sacramento and
Stockton to the Golden Gate Bridge. "Bay of San Francisco, San Pablo,
or Suisun" means any of those waters, respectively.
(b) "Humboldt Bay" means all the waters of that bay and of the
tributaries, ports, and harbors of that bay.
(b)
(c) "Monterey Bay" means all the waters of that bay and
of the tributaries, ports, and harbors of that bay.
SEC. 6. Section 1112 of the Harbors and Navigation Code is amended
to read:
1112. "High seas" includes all the navigable waters of the
Pacific Ocean west of the Golden Gate Bridge, and all navigable
waters west of the westward boundary of the pilotage grounds for
Humboldt Bay and Monterey Bay.
SEC. 7. Section 1114.5 of the Harbors and Navigation Code is
amended to read:
1114.5. "Pilotage grounds" means all waters extending eastward
from the precautionary area surrounding buoy SF to, and including,
the Bays of San Francisco, San Pablo, and Suisun, and also includes
the waters of Humboldt Bay, eastward of a straight line drawn
between____, and the waters of Monterey Bay, eastward of a
straight line drawn between Point Santa Cruz Light and Point Pinos
Light.
SEC. 8. Section 1125 of the Harbors and Navigation Code is amended
to read:
1125. (a) Pilots A pilot licensed
by the board have has exclusive
authority, to the extent not provided otherwise by federal law, to
pilot vessels from the high seas to Humboldt Bay, Monterey
Bay , and the Bays of San Francisco, San Pablo, and
Suisun and the ports thereof, and from those bays and ports to the
high seas. They A pilot shall also have
exclusive authority to pilot vessels within and along the waters of
those bays, except as otherwise set forth in this division.
(b) Nothing in this division shall interfere with pilotage
regulations of Humboldt Bay, Monterey Bay , and
of the Ports of Sacramento and Stockton, nor prevent the regulatory
authority of those ports from utilizing the pilots
a pilot licensed pursuant to this division.
SEC. 9. Section 1126 of the Harbors and Navigation Code is amended
to read:
1126. (a) Every A person who does
not hold a license as a pilot or as an inland pilot issued pursuant
to this division, and who pilots any a
vessel into or out of any a harbor or
port of Humboldt Bay, Monterey Bay and
, or the Bay of San Francisco, San Pablo, or Suisun, or
who acts as a pilot for ship movements or special operations upon the
waters of any of those bays, is guilty of a misdemeanor. In addition
to the fines or other penalties provided by law, the court may order
that person to pay to the pilot who is entitled to pilot the vessel
the amount of pilotage fees collected. No fees
A fee shall not be paid for pilotage if a
state-licensed pilot refuses to join the vessel under paragraph (5)
of subdivision (c).
(b) Any A person may also be
enjoined from engaging in the pilotage prescribed by subdivision (a)
by a court of competent jurisdiction.
(c) This section does not apply to any of the following persons:
(1) The master of a vessel who has relieved the pilot to ensure
the safe operation of the vessel, but only from the point where the
pilot is relieved to the closest safe berth or anchorage, or the high
seas if closer than a safe berth or anchorage.
(2) Persons A person
piloting vessels a vessel pursuant to
the valid regulatory authority of the Port of Sacramento or the Port
of Stockton.
(3) Persons A person piloting
vessels a vessel sailing under an
enrollment, as specified in Section 1127.
(4) Persons A person
piloting vessels a vessel pursuant to
Section 1179.
(5) Persons A person piloting
vessels a vessel when a state-licensed
pilot refuses to join the vessel. However, a vessel may
shall not hire a pilot not licensed by the state
until a representative of the vessel notifies the port agent or his
or her designee that the vessel will hire a pilot not licensed by the
state unless a state-licensed pilot offers to join the vessel
immediately. The port agent or his or her designee shall notify the
executive director of the board or his or her designee that this
paragraph applies.
(d) The exemption set forth in paragraph (5) of subdivision (c)
does not apply in instances where a state licensed pilot refuses to
join a vessel because of suspected safety violations concerning that
vessel's pilot hoists or pilot ladders.
SEC. 10. Section 1127 of the Harbors and Navigation Code is
amended to read:
1127. (a) The Legislature finds and declares that it is the
policy of the state to ensure the safety of persons, property, and
vessels using the waters of Humboldt Bay, Monterey Bay
, and the Bays of San Francisco, San Pablo, and Suisun and
to avoid damage to those waters and surrounding ecosystems as a
result of vessel collision or damage by providing competent,
efficient, and regulated pilotage for vessels required by this
division to secure pilotage services.
(b) Nothing in this This
section shall does not supersede,
modify, or otherwise alter pilot practices that are not safety
related, including, but not limited to, the determination of rates
charged for pilot services or employer-employee relationships for
individuals, agencies, or organizations involved in providing
pilotage services between any a port of
Humboldt Bay, Monterey Bay and ,
or the Bays Bay of San
Francisco, San Pablo, and or Suisun
and any other another port of the
United States that is in existence on December 31, 1995, or otherwise
abridge the authority of a local port or harbor
districts district relating to pilotage in
effect on December 31, 1995.
(c) The board shall regulate pilotage on waters of the state as
provided in this division.
(d) Every A vessel sailing under a
coastwise license or appropriately endorsed registry and engaged in
the coasting trade between any a port
of Humboldt Bay, Monterey Bay and ,
or the Bays Bay of San
Francisco, San Pablo, and or Suisun and
any other another port of the United
States is exempt from all pilotage charges unless a pilot or inland
pilot is actually employed. Every A
foreign vessel and every a vessel bound
between a foreign port and any a port
of Humboldt Bay, Monterey Bay and
, or the Bays Bay of San
Francisco, San Pablo, and or Suisun,
and every a vessel sailing under a
register between any a port of
Humboldt Bay, Monterey Bay and ,
or the Bays Bay of San
Francisco, San Pablo, and or Suisun and
any other another port of the United
States, shall use a pilot or inland pilot holding a license issued
pursuant to this division, except as otherwise provided by law.
(e) Subdivision (d) does not apply to a vessel that is less than
300 gross tons and is manufactured and used for private recreation.
SEC. 11. Section 1128 of the Harbors and Navigation Code is
amended to read:
1128. Any A nonself-propelled
vessel in tow of a tug within Humboldt Bay, Monterey Bay
and , or the Bay of San Francisco, San
Pablo, or Suisun, or between those bays, is exempt from pilotage
charges unless a pilot is actually employed.
SEC. 12. Section 1132 of the Harbors and Navigation Code is
amended to read:
1132. Every A pilot in charge of a
vessel arriving in Humboldt Bay, Monterey Bay and
, or the Bay of San Francisco, San Pablo, or
Suisun, shall safely moor the vessel in place and position as
directed by the master of the vessel, consistent with safe navigation
and not contrary to law.
SEC. 13. Section 1133 of the Harbors and Navigation Code is
amended to read:
1133. Every A pilot in charge of a
vessel leaving the Bays of San Francisco, San Pablo, and Suisun shall
pilot it from its point of departure to a point beyond the San
Francisco bar. Every A pilot in charge
of a vessel leaving Humboldt Bay or Monterey Bay shall
pilot it from its point of departure to a point westward of the
pilotage grounds.
SEC. 14. Section 1140 of the Harbors and Navigation Code is
amended to read:
1140. (a) No A person shall
not hold both a pilot license and an inland pilot license
concurrently.
(b) It is the intent of the Legislature to provide for a unified
system of state regulated pilotage for Humboldt Bay,
Monterey Bay , and the Bays of San Francisco, San Pablo,
and Suisun.
(c) The Legislature finds and declares that unified pilotage will
be beneficial to the safety of people, vessels, and property using
those bays and tributaries.
(d) The Legislature further finds and declares that unified
systems of regulated pilotage are common to the ports of the world
and are most familiar to, and best able to serve, both foreign and
domestic vessels.
SEC. 15. Section 1141 of the Harbors and Navigation Code is
amended to read:
1141. (a) Each A pilot license
shall be valid for a period of one year and shall be renewed upon
application and successful completion of the physical examination
required by Section 1176.
(b) A pilot license shall not be renewed if the pilot possessing
the license does not actively pilot vessels for any
a consecutive period of one year, unless the
board determines the pilot is qualified and makes one of the
following findings:
(1) The pilot has presented satisfactory proof of medical
disability during that period.
(2) The board has granted the pilot a leave of absence without pay
during that period.
(3) The pilot has been serving as port agent under Section 1130.
(c) A pilot licensee shall at all times hold an active and proper
license to pilot vessels on the waters on which the pilot operates.
(d) The board may revoke or suspend the license of any
a pilot who does not use proper equipment
maintained exclusively for pilotage or who operates on territorial
waters not described in the license. This subdivision shall not be
construed to require the use of a pilot boat in order to provide
pilotage services for Humboldt Bay or Monterey Bay.
SEC. 16. Section 1150 of the Harbors and Navigation Code is
amended to read:
1150. (a) There is in the Business, Transportation and Housing
Agency a Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun, consisting of seven members appointed by the
Governor, with the consent of the Senate, as follows:
(1) Two members shall be pilots licensed pursuant to this
division.
(2) Two members shall represent the industry and shall be persons
currently engaged as owners, officers, directors, employees, or
representatives of a firm or association of firms that is a
substantial user of pilotage service in Humboldt Bay, Monterey
Bay, or the Bay of San Francisco, San Pablo, or
Suisun, or Monterey, one of whom shall be engaged
in the field of tanker company operations, and one of whom shall be
engaged in dry cargo operations. The board of directors of a regional
maritime trade association controlled by West Coast vessel operators
that specifically represents the owners and operators of vessels or
barges engaged in transportation by water of cargo or passengers from
or to the Pacific area of the United States shall nominate, rank,
and submit to the Governor the names of three persons for each
category of industry member to be appointed.
(3) Three members shall be public members. Any
A person may serve as a public member unless otherwise
prohibited by law, except that during his or her term of office or
within the two years preceding his or her appointment, no
a public member appointed may
shall not have (A) any a
financial or proprietary interest in the ownership, operation, or
management of tugs, cargo, or passenger vessels, (B) sailed under the
authority of a federal or state pilot license in waters under the
jurisdiction of the board, (C) been employed by a company that is a
substantial user of pilot services, or (D) been a consultant or other
person providing professional services who had received more than 20
percent in the aggregate of his or her income from a company that is
a substantial user of pilot services or an association of companies
that are substantial users of pilot services. Ownership of less than
one-tenth of 1 percent of the stock of a publicly traded corporation
is not a financial or proprietary interest in the ownership of tugs,
cargo, or passenger vessels.
(4) Notwithstanding any other provision of law,
this chapter does not prohibit the Governor from notifying the
nominating authority identified in paragraph (2) that persons
nominated are unacceptable for appointment. Following that
notification, the nominating authority shall submit a new list of
nominees to the Governor, naming three persons, none of whom were
previously nominated, from which the Governor may make the
appointment. This process shall be continued until a person nominated
by the nominating authority and satisfactory to the Governor has
been appointed.
(b) Each of the members A member
appointed pursuant to paragraphs (1) and (2) of subdivision (a) shall
be appointed for a four-year term, and may
shall not be appointed for more than two terms.
Members A member appointed pursuant to paragraph
(3) of subdivision (a) shall be appointed with staggered four-year
terms with the initial four-year terms expiring on December 31 of the
years 1988, 1990, and 1991, respectively, and a person may
shall not be appointed for more than two terms.
Vacancies on the board for both expired and unexpired terms shall be
filled by the appointing power in the manner prescribed by
subdivision (a).
(c) A quorum of the board members consists of four members. All
actions of the board shall require the vote of four members, a quorum
being present.
(d) The Secretary of the Business, Transportation and Housing
Agency shall serve as an ex officio member of the board who, without
vote, may exercise all other privileges of a member of the board.
SEC. 17. Section 1170.3 of the Harbors and Navigation Code is
amended to read:
1170.3. (a) The board shall adopt, by regulation, a pilot's
conflict-of-interest code, which shall include, but need not be
limited to, a provision specifying that a pilot shall not have any
interest in, or derive any income from, any tugboat in operation on
Humboldt Bay, Monterey Bay , and the Bays of
San Francisco, San Pablo, and Suisun. This requirement of divestiture
does not apply to the ownership of barges and vessels similar to
barges.
(b) The conflict-of-interest code shall not prohibit the ownership
of stock in any a corporation
registered on a national securities exchange or on the National
Market System of the NASDAQ Stock Market, pursuant to Section 78f of
Title 15 of the United States Code, which may own tugboats in
operation on Humboldt Bay, Monterey Bay , and
the Bays of San Francisco, San Pablo, and Suisun.
SEC. 18. Section 1177 of the Harbors and Navigation Code is
amended to read:
1177. (a) All pilots A pilot
licensed pursuant to this division shall have and maintain proper
federal endorsements allowing them him or her
to pilot on the high seas and on all waters of the Bays of San
Francisco, San Pablo, and Suisun, excluding the San Joaquin River
and the Sacramento deep water ship channel.
(b) Notwithstanding subdivision (a), all pilots
a pilot issued an original licenses
license pursuant to this division after December
31, 1987, shall have and maintain proper federal endorsements
allowing them him or her to pilot on
the high seas and on all waters of the Bays of San Francisco, San
Pablo, and Suisun, including the San Joaquin River and the Sacramento
deep water ship channel.
(c) All pilots A pilot
licensed pursuant to this division for Humboldt Bay and
Monterey Bay shall have and maintain proper federal endorsements
allowing them him or her to pilot on
the high seas and on all the waters of Humboldt Bay or
Monterey Bay , respectively .
SEC. 19. Section 1190.1 of the Harbors and Navigation Code is
amended to read:
1190.1. Every (a) A
vessel that uses a pilot under this division while navigating
the waters of Monterey Bay shall pay the rate provided by
subdivisions (a) and (e) of Section 1190.
(b) A vessel that uses a pilot under this division while
navigating the waters of Humboldt Bay shall pay the rate provided by
subdivisions ____ of Section 1190.
SEC. 20. Section 1192 of the Harbors and Navigation Code is
amended to read:
1192. If a vessel that is subject to the payment of pilotage
enters any a port of Humboldt Bay,
Monterey Bay and , or the
Bays Bay of San Francisco, San Pablo,
or Suisun solely by reason of being in distress or requiring care, it
shall pay one-half the full pilotage rates.
SEC. 21. Section 1195 of the Harbors and Navigation Code is
amended to read:
1195. (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 each pilot trainee who is
enrolled in the pilot trainee training program established by the
board.
(b) The moneys charged and collected each month from the pilot
trainee surcharge shall be paid to the board. The moneys shall be
used only to fund the pilot trainee training 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 trainee training program.
(d) A pilot licensed for Humboldt Bay by the Humboldt Bay Harbor,
Recreation, and Conservation District shall be accepted into the
pilot trainee training program for training on the Bays of San
Francisco, San Pablo, and Suisun.
SEC. 22. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.