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

California Assembly Bill 2287 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

BILL NUMBER: AB 2287	AMENDED
	BILL TEXT

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

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 24, 2012

   An act to  amend Section 1191 of   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, in the alternative, require a vessel using pilots
for ship movements or special operations that do not constitute bar
pilotage to pay the rate mutually agreed upon by the port agent and
the person with the authority to act on behalf of the vessel using a
pilot for ship movements or special operations that do not constitute
bar pilotage.  
   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. 
   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 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. 

  SECTION 1.    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 that provide fair and reasonable
return to pilots engaged in ship movements or special operations if
rates for those movements or operations are not specified in Section
1190.
   (b) A vessel using pilots for ship movements or special operations
that do not constitute bar pilotage shall pay the rate that is
specified in the schedule of pilotage rates adopted by the
Legislature or the rate mutually agreed upon by the port agent and
the person with the authority to act on behalf of the vessel using a
pilot for ship movements or special operations that do not constitute
bar pilotage.
   (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.