Bill Text: CA AB2287 | 2011-2012 | Regular Session | Amended

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Bill Title: Bar pilotage: rates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-02 - Re-referred to Com. on APPR. [AB2287 Detail]

Download: California-2011-AB2287-Amended.html

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BILL NUMBER: AB 2287	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 24, 2012

   An act  to add Section 1191.5 to the Harbors and
Navigation Code,  relating to bar pilotage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2287, as amended, Swanson. Bar pilotage: rates.
   Existing law provides for the licensing and regulation of pilots
for Monterey Bay, and the Bays of San Francisco, San Pablo, and
Suisun, and the payment of specified pilotage rates and charges
imposed on vessels piloted in those bays. In that connection,
existing law requires the Board of Pilot Commissioners for Monterey
Bay, and the Bays of San Francisco, San Pablo, and Suisun Bays to
recommend that the Legislature, by statute, adopt a schedule of
pilotage rates that provide fair and reasonable return to pilots
engaged in ship movements or special operations if the rates for
those movements or operations are not specified by law.
   Existing law requires a vessel using pilots for ship movements or
special operations that do not constitute bar pilotage to pay the
rate specified in the schedule of pilotage rates adopted by the
Legislature.
   This bill would  require that a minimum of 2 pilots be on
board a vessel that is subject to the payment of bar pilotage and is
inward or outward bound into or out of Monterey Bay, or the Bays of
San Francisco, San Pablo, or Suisun if the movement of the vessel
involves special circumstances or operations, as described. The bill
would require a vessel that is subject to the payment of bar pilotage
pursuant to those provisions to pay the full pilotage rate for
vessel movements for the first pilot, and   1/2
  the full pilotage rate for vessel movements for
the 2nd pilot. The bill would require the board, no later than
January 1, 2014, to adopt regulations specifying the requirements
that must be met for the safe operation of vessels in those bays
during periods of restricted visibility caused by fog, weather
conditions, or darkness   state the intent of the
Legislature to enact legislation that would require a 2nd bar pilot
for safety in the San Francisco Bay and its tributaries for ultra
large container vessels, and what the appropriate compensation is for
the 2nd pilot  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
enact legislation that would require a second pilot for safety in the
San Francisco Bay and its tributaries for ultra large container
vessels, and what the appropriate compensation is for the second
pilot.  
  SECTION 1.    Section 1191.5 is added to the
Harbors and Navigation Code, to read:
   1191.5.  (a) If the movement of a vessel which is subject to the
payment of bar pilotage and is inward or outward bound into or out of
Monterey Bay, or the Bays of San Francisco, San Pablo, or Suisun,
involves special circumstances or operations, the vessel shall have a
minimum of two pilots on board at all times.
   (b) The vessel shall pay the full pilotage rate for the first
pilot for vessel movements covered under subdivision (a), and shall
pay one-half the full pilotage rate for the second pilot for those
vessel movements.
   (c) For purposes of this section, "special circumstances or
operations" includes any of the following:
   (1) The movement of a vessel that exceeds 1,115 feet in length and
is destined for the Port of Oakland.
   (2) The movement of a vessel that involves a nighttime transit of
anhydrous ammonia during hours of darkness.
   (3) The movement of a vessel that requires the turning of a vessel
that is between 1,000 feet and 1,115 feet in length.
   (4) The movement of a vessel that takes place during a time of
restricted visibility caused by fog, weather conditions, or darkness.

   (d) On or before January 1, 2014, the board shall adopt
regulations specifying the requirements that must be met for the safe
operation of vessels in those bays during periods of restricted
visibility caused by fog, weather conditions, or darkness.