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AB-2287 Bar pilotage: rates.(2011-2012)

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AB2287:v96#DOCUMENT

Amended  IN  Assembly  May 01, 2012
Amended  IN  Assembly  April 09, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2287


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 12 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: YESNO   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.