| 1 | | - | Amended IN Senate June 22, 2020 Amended IN Assembly March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1372Introduced by Assembly Member Grayson BontaFebruary 22, 2019An act to amend Section 432.7 of the Labor Code, and to amend Section 13203 of the Penal Code, relating to public employment. An act to amend Sections 1101, 1127, 1154, 1156, 1156.5, 1157.5, 1170.1, 1190, 1190.1, and 1191 of, to add Section 1190.2 to, and to repeal and add Chapter 6 (commencing with Section 1200) to Division 5 of, the Harbors and Navigation Code, relating to bar pilots, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1372, as amended, Grayson Bonta. Employers: prohibited disclosure of information: arrest or detention. Bar pilots: pilotage rates.Existing law provides for the regulation and licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and for the payment of specified pilotage rates and charges imposed on vessels piloted in those bays. Existing law also establishes, in the Transportation Agency, a Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun and prescribes the membership, functions, and duties of the board with regard to the licensure and regulation of bar pilots.Existing law prescribes the rates of bar pilotage fees required to be charged by pilots and paid by vessels inward and outward bound through those bays and requires the board to recommend that the Legislature, by statute, adopt a schedule of pilotage rates providing fair and reasonable return to pilots piloting vessels in those bays. Existing law also imposes, among other things, a board operations surcharge of up to 7.5% of all bar pilotage fees charged by bar pilots, which is paid into the State Treasury to the credit of the Board of Pilot Commissioners Special Fund and continuously appropriated to the board to compensate the board and the agency for their services and expenses.This bill would revise the process for changing the rates of those bar pilotage fees to instead require the board to adopt a schedule of pilotage rates. The bill would further require the board to adopt regulations, as provided, for the adjustment of rates for pilotage services, and would prescribe procedures for the board to review and adjust those pilotage rates, as specified. By authorizing the board to adjust the rates of bar pilotage fees, which may increase bar pilotage fees and thereby may increase the amount of the board operations surcharge and the amount of moneys paid into the fund, the bill would make an appropriation.Existing law prohibits an employer from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Applicants for employment as peace officers, or with the Department of Justice, or with other criminal justice agencies, or persons already employed as peace officers, are an exception to these prohibitions, so that information about applicants for these positions or employees may be disclosed or sought. Existing law makes it a crime to intentionally violate these provisions.This bill would additionally include persons already employed as nonsworn members of a criminal justice agency, as specified, within the exception to these prohibitions, so that information about these employees may be disclosed or sought.Existing law authorizes a criminal justice agency to release criminal history information under certain circumstances, including the release of information concerning an arrest or detention of a peace officer, or applicant for a position as a peace officer, which did not result in conviction or information concerning a referral to and participation in any postarrest diversion program or deferred entry of judgment program to a government agency employer of that peace officer or applicant.This bill would also authorize a criminal justice agency to release that information concerning a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, to a government agency employer of that nonsworn employee or applicant.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 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.(i) Periodic setting of pilotage rates is necessary to adjust for fluctuations in economic activity and to support the infrastructure required for the safe pilotage of commercial vessels in Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. The pilotage system is crucial to the economic well-being of California. To support and protect the states economy, the ratesetting process must be responsive to the COVID-19 pandemic.(j) The setting of pilotage rates by a state board of pilot commissioners is common to many ports in the United States and such a board is most familiar with, and best able to serve and balance, the interests of the public, foreign and domestic vessels, and bar pilots in the setting of those rates.SEC. 2. 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 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) This section 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 port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and any other port of the United States that is in existence on December 31, 1995, or otherwise abridge the authority of local port or harbor districts relating to pilotage in effect on December 31, 1995.(c) The board shall regulate pilotage and pilotage rates on waters of the state as provided in this division.(d) A vessel sailing under a coastwise license or appropriately endorsed registry and engaged in the coasting trade between a port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and another port of the United States is exempt from all pilotage charges unless a pilot is actually employed. A foreign vessel and a vessel bound between a foreign port and a port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and a vessel sailing under a register between a port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and another port of the United States, States shall use a 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 750 gross tons and is manufactured and used for private recreation.SEC. 3. Section 1154 of the Harbors and Navigation Code is amended to read:1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation.(b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code).SEC. 4. Section 1156 of the Harbors and Navigation Code is amended to read:1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following:(1) The administration of personnel employed by the board in accordance with the civil service laws.(2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law.(3) The issuance and countersigning of licenses that shall also be signed by the president of the board.(4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board.(5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended.(6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program.(7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry.(8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings.(b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties.(c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary.(d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers.(e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues.SEC. 5. Section 1156.5 of the Harbors and Navigation Code is amended to read:1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years.(b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position.SEC. 6. Section 1157.5 of the Harbors and Navigation Code is amended to read:1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following:(a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction.(b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations:(1) Licensed and fit for duty.(2) Licensed and not fit for duty.(3) Licensed and on authorized training.(4) Licensed and on active military duty.(5) Licensed and on leave of absence.(6) Licensed but license suspended.(c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident.(d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200).SEC. 7. Section 1170.1 of the Harbors and Navigation Code is amended to read:1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing.SEC. 8. Section 1190 of the Harbors and Navigation Code is amended to read:1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun:(1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200).(3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward.(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191.(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. SEC. 9. Section 1190.1 of the Harbors and Navigation Code is amended to read:1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190.SEC. 10. Section 1190.2 is added to the Harbors and Navigation Code, to read:1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses.SEC. 11. 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the 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 specified in the schedule of pilotage rates adopted by the Legislature. board.(c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a).SEC. 12. Chapter 6 (commencing with Section 1200) of Division 5 of the Harbors and Navigation Code is repealed.SEC. 13. Chapter 6 (commencing with Section 1200) is added to Division 5 of the Harbors and Navigation Code, to read: CHAPTER 6. Pilotage Ratesetting Process CHAPTER 6. 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1).(b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment.(b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website.(c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board.1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change.(b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings.(c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings.(d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties.1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party.(b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence.(c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes.1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6.(b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d).(c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2.(d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings.(e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order.1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: (1) The cost of providing service. (2) The net return to pilots sufficient to attract and hold qualified pilots. (3) The change in the cost of living. (4) The rates charged for services in other ports. (5) The income paid for comparable services. (6) The methods of determining rates in other ports. (7) The economic factors affecting local shipping. (8) The volume of shipping traffic.(9) The number of available pilots. (10) The risk to pilots. (11) The changes in navigational and safety equipment and pilot support activities. (12) The results of any audits required pursuant to subdivision (c) of Section 1200.(b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board.(c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified.1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties.(b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties.(c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties.1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties.(b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties.(c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length.1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised.(b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied.(c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly.(d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b).1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4.1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located.(b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition.(c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section.1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered.1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 1 | + | Amended IN Assembly March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1372Introduced by Assembly Member GraysonFebruary 22, 2019 An act to amend Section 432.7 of the Labor Code, and to amend Section 13203 of the Penal Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGESTAB 1372, as amended, Grayson. Employers: prohibited disclosure of information: arrest or detention. Existing law prohibits an employer from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Applicants for employment as peace officers, or with the Department of Justice, or with other criminal justice agencies, or persons already employed as peace officers, are an exception to these prohibitions, so that information about applicants for these positions or employees may be disclosed or sought. Existing law makes it a crime to intentionally violate these provisions.This bill would additionally include persons already employed as nonsworn members of a criminal justice agency as an agency, as specified, within the exception to these prohibitions, so that information about these employees may be disclosed or sought.Existing law authorizes a criminal justice agency to release criminal history information under certain circumstances, including the release of information concerning an arrest or detention of a peace officer, or applicant for a position as a peace officer, which did not result in conviction or information concerning a referral to and participation in any postarrest diversion program or deferred entry of judgment program to a government agency employer of that peace officer or applicant.This bill would also authorize a criminal justice agency to release that information concerning a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, to a government agency employer of that nonsworn employee or applicant.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 432.7 of the Labor Code is amended to read:432.7. (a) (1) An employer, whether a public agency or private individual or corporation, shall not ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. An employer also shall not seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. This section shall not prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on their own recognizance pending trial.(2) An employer, whether a public agency or private individual or corporation, shall not ask an applicant for employment to disclose, through any written form or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of the juvenile court. An employer also shall not seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while a person was subject to the process and jurisdiction of the juvenile court.(3) For purposes of this section:(A) Conviction includes a plea, verdict, or finding of guilt, regardless of whether a sentence is imposed by the court.(B) Conviction does not include, and shall not be construed to include, any adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process and jurisdiction of the juvenile court.(b) This section shall not prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 of the Penal Code, to a government agency employing a peace officer. However, the employer shall not determine any condition of employment other than paid administrative leave based solely on an arrest report. The information contained in an arrest report may be used as the starting point for an independent, internal investigation of a peace officer in accordance with Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code.(c) If a person violates this section, or Article 6 (commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of the Penal Code, the applicant may bring an action to recover from that person actual damages or two hundred dollars ($200), whichever is greater, plus costs, and reasonable attorneys fees. An intentional violation of this section shall entitle the applicant to treble actual damages, or five hundred dollars ($500), whichever is greater, plus costs, and reasonable attorneys fees. An intentional violation of this section is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).(d) The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law.(e) Persons seeking employment or persons already employed as peace officers officers, persons already employed as nonsworn members of a criminal justice agency as defined in Section 13101 of the Penal Code, but only for those positions where the specific duties relate to the collection or analysis of evidence or property or directly relate to the activities described in subdivisions (a) and (b) of Section 13101 of the Penal Code, or persons seeking employment or persons already employed in positions in the Department of Justice or other criminal justice agencies as defined in Section 13101 of the Penal Code Code, are not covered by this section.(f) (1) Except as provided in paragraph (2), this section does not prohibit an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, from asking an applicant for employment either of the following:(A) With regard to an applicant for a position with regular access to patients, to disclose an arrest under any section specified in Section 290 of the Penal Code.(B) With regard to an applicant for a position with access to drugs and medication, to disclose an arrest under any section specified in Section 11590 of the Health and Safety Code.(2) (A) An employer specified in paragraph (1) shall not inquire into information concerning or related to an applicants arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law, unless the information concerns an adjudication by the juvenile court in which the applicant has been found by the court to have committed a felony or misdemeanor offense specified in paragraph (1) that occurred within five years preceding the application for employment.(B) Notwithstanding any other provision of this subdivision, an employer specified in paragraph (1) shall not inquire into information concerning or related to an applicants juvenile offense history that has been sealed by the juvenile court.(3) An employer seeking disclosure of offense history under paragraph (2) shall provide the applicant with a list describing the specific offenses under Section 11590 of the Health and Safety Code or Section 290 of the Penal Code for which disclosure is sought.(g) (1) A peace officer or employee of a law enforcement agency with access to criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall not knowingly disclose, with intent to affect a persons employment, any information pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information.(2) Any other person authorized by law to receive criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall not knowingly disclose any information received pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information.(3) Except for those specifically referred to in Section 1070 of the Evidence Code, a person who is not authorized by law to receive or possess criminal or juvenile justice records information maintained by a local law enforcement criminal or juvenile justice agency, pertaining to an arrest or other proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, shall not knowingly receive or possess that information.(h) A person authorized by law to receive that information, for purposes of this section, means any person or public agency authorized by a court, statute, or decisional law to receive information contained in criminal or juvenile offender records maintained by a local law enforcement criminal or juvenile justice agency, and includes, but is not limited to, those persons set forth in Section 11105 of the Penal Code, and any person employed by a law enforcement criminal or juvenile justice agency who is required by that employment to receive, analyze, or process criminal or juvenile offender record information.(i) This section does not require the Department of Justice to remove entries relating to an arrest or detention not resulting in conviction from summary criminal history records forwarded to an employer pursuant to law.(j) As used in this section, pretrial or posttrial diversion program means any program under Chapter 2.5 (commencing with Section 1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle Code, Sections 626, 626.5, 654, or 725 of, or Article 20.5 (commencing with Section 790) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, or any other program expressly authorized and described by statute as a diversion program.(k) (1) Subdivision (a) shall not apply to any city, city and county, county, or district, or any officer or official thereof, in screening a prospective concessionaire, or the affiliates and associates of a prospective concessionaire for purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.(2) For purposes of this subdivision the following terms apply:(A) Screening means a written request for criminal or juvenile history information made to a local law enforcement agency.(B) Prospective concessionaire means any individual, general or limited partnership, corporation, trust, association, or other entity that is applying for, or seeking to obtain, a public agencys consent to, or approval of, the acquisition by that individual or entity of any beneficial ownership interest in any public agencys concession, lease, or other property right whether directly or indirectly held. However, prospective concessionaire does not include any of the following:(i) A lender acquiring an interest solely as security for a bona fide loan made in the ordinary course of the lenders business and not made for the purpose of acquisition.(ii) A lender upon foreclosure or assignment in lieu of foreclosure of the lenders security.(C) Affiliate means any individual or entity that controls, or is controlled by, the prospective concessionaire, or who is under common control with the prospective concessionaire.(D) Associate means any individual or entity that shares a common business purpose with the prospective concessionaire with respect to the beneficial ownership interest that is subject to the consent or approval of the city, county, city and county, or district.(E) Control means the possession, direct or indirect, of the power to direct, or cause the direction of, the management or policies of the controlled individual or entity.(l) (1) Subdivision (a) does not prohibit a public agency, or any officer or official thereof, from denying consent to, or approval of, a prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest based on the criminal history information of the prospective concessionaire or the affiliates or associates of the prospective concessionaire that show any criminal conviction for offenses involving moral turpitude. Criminal history information for purposes of this subdivision includes any criminal history information obtained pursuant to Section 11105 or 13300 of the Penal Code.(2) In considering criminal history information, a public agency shall consider the crime for which the prospective concessionaire or the affiliates or associates of the prospective concessionaire was convicted only if that crime relates to the specific business that is proposed to be conducted by the prospective concessionaire.(3) Any prospective concessionaire whose application for consent or approval to acquire a beneficial interest in a concession, lease, or other property interest is denied based on criminal history information shall be provided a written statement of the reason for the denial.(4) (A) If the prospective concessionaire submits a written request to the public agency within 10 days of the date of the notice of denial, the public agency shall review its decision with regard to any corrected record or other evidence presented by the prospective concessionaire as to the accuracy or incompleteness of the criminal history information utilized by the public agency in making its original decision.(B) The prospective concessionaire shall submit the copy or the corrected record of any other evidence to the public agency within 90 days of a request for review. The public agency shall render its decision within 20 days of the submission of evidence by the prospective concessionaire.(m) (1) Paragraph (1) of subdivision (a) does not prohibit an employer, whether a public agency or private individual or corporation, from asking an applicant about, or seeking from any source information regarding, a particular conviction of the applicant if, pursuant to Section 1829 of Title 12 of the United States Code or any other federal law, federal regulation, or state law, any of the following apply:(A) The employer is required by law to obtain information regarding the particular conviction of the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.(B) The applicant would be required to possess or use a firearm in the course of their employment.(C) An individual with that particular conviction is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.(D) The employer is prohibited by law from hiring an applicant who has that particular conviction, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.(2) For purposes of this subdivision, particular conviction means a conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law, federal regulation, or state law that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses.(n) Nothing in this section shall prohibit an employer, whether a public agency or private individual or corporation, required by state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history from complying with those requirements, or to prohibit the employer from seeking or receiving an applicants criminal history report that has been obtained pursuant to procedures otherwise provided for under federal, state, or local law. For purposes of this subdivision, federal law shall include rules or regulations promulgated by a self-regulatory organization, as defined in Section 3(a)(26) of the Securities Exchange Act of 1934, pursuant to the authority in Section 19(b) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 11-203).SEC. 2. Section 13203 of the Penal Code is amended to read:13203. (a) Any criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, which did not result in conviction, and for which the person did not complete a postarrest diversion program, to a government agency employer of that employee or applicant.(b) Any criminal justice agency may release information concerning an arrest of a peace officer as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that employee or applicant.(c) Notwithstanding subdivision (a) or (b), a criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or deferred entry of judgment has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.(2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3) Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated. |
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| 57 | | - | The people of the State of California do enact as follows:SECTION 1. 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 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.(i) Periodic setting of pilotage rates is necessary to adjust for fluctuations in economic activity and to support the infrastructure required for the safe pilotage of commercial vessels in Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. The pilotage system is crucial to the economic well-being of California. To support and protect the states economy, the ratesetting process must be responsive to the COVID-19 pandemic.(j) The setting of pilotage rates by a state board of pilot commissioners is common to many ports in the United States and such a board is most familiar with, and best able to serve and balance, the interests of the public, foreign and domestic vessels, and bar pilots in the setting of those rates.SEC. 2. 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 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) This section 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 port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and any other port of the United States that is in existence on December 31, 1995, or otherwise abridge the authority of local port or harbor districts relating to pilotage in effect on December 31, 1995.(c) The board shall regulate pilotage and pilotage rates on waters of the state as provided in this division.(d) A vessel sailing under a coastwise license or appropriately endorsed registry and engaged in the coasting trade between a port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and another port of the United States is exempt from all pilotage charges unless a pilot is actually employed. A foreign vessel and a vessel bound between a foreign port and a port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and a vessel sailing under a register between a port of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and another port of the United States, States shall use a 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 750 gross tons and is manufactured and used for private recreation.SEC. 3. Section 1154 of the Harbors and Navigation Code is amended to read:1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation.(b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code).SEC. 4. Section 1156 of the Harbors and Navigation Code is amended to read:1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following:(1) The administration of personnel employed by the board in accordance with the civil service laws.(2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law.(3) The issuance and countersigning of licenses that shall also be signed by the president of the board.(4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board.(5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended.(6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program.(7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry.(8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings.(b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties.(c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary.(d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers.(e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues.SEC. 5. Section 1156.5 of the Harbors and Navigation Code is amended to read:1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years.(b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position.SEC. 6. Section 1157.5 of the Harbors and Navigation Code is amended to read:1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following:(a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction.(b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations:(1) Licensed and fit for duty.(2) Licensed and not fit for duty.(3) Licensed and on authorized training.(4) Licensed and on active military duty.(5) Licensed and on leave of absence.(6) Licensed but license suspended.(c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident.(d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200).SEC. 7. Section 1170.1 of the Harbors and Navigation Code is amended to read:1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing.SEC. 8. Section 1190 of the Harbors and Navigation Code is amended to read:1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun:(1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200).(3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward.(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191.(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. SEC. 9. Section 1190.1 of the Harbors and Navigation Code is amended to read:1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190.SEC. 10. Section 1190.2 is added to the Harbors and Navigation Code, to read:1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses.SEC. 11. 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the 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 specified in the schedule of pilotage rates adopted by the Legislature. board.(c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a).SEC. 12. Chapter 6 (commencing with Section 1200) of Division 5 of the Harbors and Navigation Code is repealed.SEC. 13. Chapter 6 (commencing with Section 1200) is added to Division 5 of the Harbors and Navigation Code, to read: CHAPTER 6. Pilotage Ratesetting Process CHAPTER 6. 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1).(b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment.(b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website.(c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board.1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change.(b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings.(c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings.(d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties.1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party.(b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence.(c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes.1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6.(b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d).(c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2.(d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings.(e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order.1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: (1) The cost of providing service. (2) The net return to pilots sufficient to attract and hold qualified pilots. (3) The change in the cost of living. (4) The rates charged for services in other ports. (5) The income paid for comparable services. (6) The methods of determining rates in other ports. (7) The economic factors affecting local shipping. (8) The volume of shipping traffic.(9) The number of available pilots. (10) The risk to pilots. (11) The changes in navigational and safety equipment and pilot support activities. (12) The results of any audits required pursuant to subdivision (c) of Section 1200.(b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board.(c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified.1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties.(b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties.(c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties.1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties.(b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties.(c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length.1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised.(b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied.(c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly.(d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b).1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4.1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located.(b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition.(c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section.1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered.1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 432.7 of the Labor Code is amended to read:432.7. (a) (1) An employer, whether a public agency or private individual or corporation, shall not ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. An employer also shall not seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code. This section shall not prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on their own recognizance pending trial.(2) An employer, whether a public agency or private individual or corporation, shall not ask an applicant for employment to disclose, through any written form or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of the juvenile court. An employer also shall not seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while a person was subject to the process and jurisdiction of the juvenile court.(3) For purposes of this section:(A) Conviction includes a plea, verdict, or finding of guilt, regardless of whether a sentence is imposed by the court.(B) Conviction does not include, and shall not be construed to include, any adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process and jurisdiction of the juvenile court.(b) This section shall not prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 of the Penal Code, to a government agency employing a peace officer. However, the employer shall not determine any condition of employment other than paid administrative leave based solely on an arrest report. The information contained in an arrest report may be used as the starting point for an independent, internal investigation of a peace officer in accordance with Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code.(c) If a person violates this section, or Article 6 (commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of the Penal Code, the applicant may bring an action to recover from that person actual damages or two hundred dollars ($200), whichever is greater, plus costs, and reasonable attorneys fees. An intentional violation of this section shall entitle the applicant to treble actual damages, or five hundred dollars ($500), whichever is greater, plus costs, and reasonable attorneys fees. An intentional violation of this section is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).(d) The remedies under this section shall be in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law.(e) Persons seeking employment or persons already employed as peace officers officers, persons already employed as nonsworn members of a criminal justice agency as defined in Section 13101 of the Penal Code, but only for those positions where the specific duties relate to the collection or analysis of evidence or property or directly relate to the activities described in subdivisions (a) and (b) of Section 13101 of the Penal Code, or persons seeking employment or persons already employed in positions in the Department of Justice or other criminal justice agencies as defined in Section 13101 of the Penal Code Code, are not covered by this section.(f) (1) Except as provided in paragraph (2), this section does not prohibit an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, from asking an applicant for employment either of the following:(A) With regard to an applicant for a position with regular access to patients, to disclose an arrest under any section specified in Section 290 of the Penal Code.(B) With regard to an applicant for a position with access to drugs and medication, to disclose an arrest under any section specified in Section 11590 of the Health and Safety Code.(2) (A) An employer specified in paragraph (1) shall not inquire into information concerning or related to an applicants arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law, unless the information concerns an adjudication by the juvenile court in which the applicant has been found by the court to have committed a felony or misdemeanor offense specified in paragraph (1) that occurred within five years preceding the application for employment.(B) Notwithstanding any other provision of this subdivision, an employer specified in paragraph (1) shall not inquire into information concerning or related to an applicants juvenile offense history that has been sealed by the juvenile court.(3) An employer seeking disclosure of offense history under paragraph (2) shall provide the applicant with a list describing the specific offenses under Section 11590 of the Health and Safety Code or Section 290 of the Penal Code for which disclosure is sought.(g) (1) A peace officer or employee of a law enforcement agency with access to criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall not knowingly disclose, with intent to affect a persons employment, any information pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information.(2) Any other person authorized by law to receive criminal or juvenile offender record information maintained by a local law enforcement criminal or juvenile justice agency shall not knowingly disclose any information received pertaining to an arrest or detention or proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, to any person not authorized by law to receive that information.(3) Except for those specifically referred to in Section 1070 of the Evidence Code, a person who is not authorized by law to receive or possess criminal or juvenile justice records information maintained by a local law enforcement criminal or juvenile justice agency, pertaining to an arrest or other proceeding that did not result in a conviction, including information pertaining to a referral to, and participation in, any pretrial or posttrial diversion program, shall not knowingly receive or possess that information.(h) A person authorized by law to receive that information, for purposes of this section, means any person or public agency authorized by a court, statute, or decisional law to receive information contained in criminal or juvenile offender records maintained by a local law enforcement criminal or juvenile justice agency, and includes, but is not limited to, those persons set forth in Section 11105 of the Penal Code, and any person employed by a law enforcement criminal or juvenile justice agency who is required by that employment to receive, analyze, or process criminal or juvenile offender record information.(i) This section does not require the Department of Justice to remove entries relating to an arrest or detention not resulting in conviction from summary criminal history records forwarded to an employer pursuant to law.(j) As used in this section, pretrial or posttrial diversion program means any program under Chapter 2.5 (commencing with Section 1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle Code, Sections 626, 626.5, 654, or 725 of, or Article 20.5 (commencing with Section 790) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, or any other program expressly authorized and described by statute as a diversion program.(k) (1) Subdivision (a) shall not apply to any city, city and county, county, or district, or any officer or official thereof, in screening a prospective concessionaire, or the affiliates and associates of a prospective concessionaire for purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.(2) For purposes of this subdivision the following terms apply:(A) Screening means a written request for criminal or juvenile history information made to a local law enforcement agency.(B) Prospective concessionaire means any individual, general or limited partnership, corporation, trust, association, or other entity that is applying for, or seeking to obtain, a public agencys consent to, or approval of, the acquisition by that individual or entity of any beneficial ownership interest in any public agencys concession, lease, or other property right whether directly or indirectly held. However, prospective concessionaire does not include any of the following:(i) A lender acquiring an interest solely as security for a bona fide loan made in the ordinary course of the lenders business and not made for the purpose of acquisition.(ii) A lender upon foreclosure or assignment in lieu of foreclosure of the lenders security.(C) Affiliate means any individual or entity that controls, or is controlled by, the prospective concessionaire, or who is under common control with the prospective concessionaire.(D) Associate means any individual or entity that shares a common business purpose with the prospective concessionaire with respect to the beneficial ownership interest that is subject to the consent or approval of the city, county, city and county, or district.(E) Control means the possession, direct or indirect, of the power to direct, or cause the direction of, the management or policies of the controlled individual or entity.(l) (1) Subdivision (a) does not prohibit a public agency, or any officer or official thereof, from denying consent to, or approval of, a prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest based on the criminal history information of the prospective concessionaire or the affiliates or associates of the prospective concessionaire that show any criminal conviction for offenses involving moral turpitude. Criminal history information for purposes of this subdivision includes any criminal history information obtained pursuant to Section 11105 or 13300 of the Penal Code.(2) In considering criminal history information, a public agency shall consider the crime for which the prospective concessionaire or the affiliates or associates of the prospective concessionaire was convicted only if that crime relates to the specific business that is proposed to be conducted by the prospective concessionaire.(3) Any prospective concessionaire whose application for consent or approval to acquire a beneficial interest in a concession, lease, or other property interest is denied based on criminal history information shall be provided a written statement of the reason for the denial.(4) (A) If the prospective concessionaire submits a written request to the public agency within 10 days of the date of the notice of denial, the public agency shall review its decision with regard to any corrected record or other evidence presented by the prospective concessionaire as to the accuracy or incompleteness of the criminal history information utilized by the public agency in making its original decision.(B) The prospective concessionaire shall submit the copy or the corrected record of any other evidence to the public agency within 90 days of a request for review. The public agency shall render its decision within 20 days of the submission of evidence by the prospective concessionaire.(m) (1) Paragraph (1) of subdivision (a) does not prohibit an employer, whether a public agency or private individual or corporation, from asking an applicant about, or seeking from any source information regarding, a particular conviction of the applicant if, pursuant to Section 1829 of Title 12 of the United States Code or any other federal law, federal regulation, or state law, any of the following apply:(A) The employer is required by law to obtain information regarding the particular conviction of the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.(B) The applicant would be required to possess or use a firearm in the course of their employment.(C) An individual with that particular conviction is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.(D) The employer is prohibited by law from hiring an applicant who has that particular conviction, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.(2) For purposes of this subdivision, particular conviction means a conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law, federal regulation, or state law that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses.(n) Nothing in this section shall prohibit an employer, whether a public agency or private individual or corporation, required by state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history from complying with those requirements, or to prohibit the employer from seeking or receiving an applicants criminal history report that has been obtained pursuant to procedures otherwise provided for under federal, state, or local law. For purposes of this subdivision, federal law shall include rules or regulations promulgated by a self-regulatory organization, as defined in Section 3(a)(26) of the Securities Exchange Act of 1934, pursuant to the authority in Section 19(b) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 11-203).SEC. 2. Section 13203 of the Penal Code is amended to read:13203. (a) Any criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, which did not result in conviction, and for which the person did not complete a postarrest diversion program, to a government agency employer of that employee or applicant.(b) Any criminal justice agency may release information concerning an arrest of a peace officer as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that employee or applicant.(c) Notwithstanding subdivision (a) or (b), a criminal justice agency shall not release information under the following circumstances:(1) Information concerning an arrest for which diversion or deferred entry of judgment has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.(2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.(3) Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated. |
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| 123 | | - | SEC. 3. Section 1154 of the Harbors and Navigation Code is amended to read:1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation.(b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). |
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| 124 | | - | |
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| 125 | | - | SEC. 3. Section 1154 of the Harbors and Navigation Code is amended to read: |
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| 126 | | - | |
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| 127 | | - | ### SEC. 3. |
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| 128 | | - | |
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| 129 | | - | 1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation.(b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). |
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| 130 | | - | |
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| 131 | | - | 1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation.(b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). |
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| 132 | | - | |
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| 133 | | - | 1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation.(b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). |
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| 134 | | - | |
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| 135 | | - | |
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| 136 | | - | |
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| 137 | | - | 1154. (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing. Transportation. |
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| 138 | | - | |
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| 139 | | - | (b) The boards vested powers include the power to make and enforce rules and regulations that are reasonably necessary to carry out its provisions and to govern its actions. These rules and regulations shall be adopted in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). |
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| 140 | | - | |
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| 141 | | - | SEC. 4. Section 1156 of the Harbors and Navigation Code is amended to read:1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following:(1) The administration of personnel employed by the board in accordance with the civil service laws.(2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law.(3) The issuance and countersigning of licenses that shall also be signed by the president of the board.(4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board.(5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended.(6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program.(7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry.(8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings.(b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties.(c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary.(d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers.(e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues. |
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| 142 | | - | |
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| 143 | | - | SEC. 4. Section 1156 of the Harbors and Navigation Code is amended to read: |
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| 144 | | - | |
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| 145 | | - | ### SEC. 4. |
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| 146 | | - | |
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| 147 | | - | 1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following:(1) The administration of personnel employed by the board in accordance with the civil service laws.(2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law.(3) The issuance and countersigning of licenses that shall also be signed by the president of the board.(4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board.(5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended.(6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program.(7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry.(8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings.(b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties.(c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary.(d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers.(e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues. |
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| 148 | | - | |
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| 149 | | - | 1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following:(1) The administration of personnel employed by the board in accordance with the civil service laws.(2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law.(3) The issuance and countersigning of licenses that shall also be signed by the president of the board.(4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board.(5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended.(6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program.(7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry.(8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings.(b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties.(c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary.(d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers.(e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues. |
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| 150 | | - | |
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| 151 | | - | 1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following:(1) The administration of personnel employed by the board in accordance with the civil service laws.(2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law.(3) The issuance and countersigning of licenses that shall also be signed by the president of the board.(4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board.(5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended.(6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program.(7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry.(8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings.(b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties.(c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary.(d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers.(e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues. |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | |
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| 155 | | - | 1156. (a) The board may appoint, fix the compensation of, and from time to time periodically adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be necessary. The executive director may perform all duties, exercise all powers, discharge all responsibilities, and administer and enforce all laws, rules, and regulations under the jurisdiction of the board, board with the approval of the board, including, but not limited to, all of the following: |
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| 156 | | - | |
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| 157 | | - | (1) The administration of personnel employed by the board in accordance with the civil service laws. |
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| 158 | | - | |
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| 159 | | - | (2) To serve as treasurer of the board and keep, maintain, and provide the board with all statements of accounts, records of receipts, and disbursements of the board in accordance with the law. |
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| 160 | | - | |
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| 161 | | - | (3) The issuance and countersigning of licenses that shall also be signed by the president of the board. |
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| 162 | | - | |
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| 163 | | - | (4) The administration of matters and the maintenance of files pertaining to action taken against licenses issued by the board. |
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| 164 | | - | |
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| 165 | | - | (5) The administration of investigations of, and reporting on, a navigational incident or other matter for which a license issued by the board may be revoked or suspended. |
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| 166 | | - | |
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| 167 | | - | (6) To work with board members, staff, and other interested stakeholders to recommend improvements in the pilot training program. |
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| 168 | | - | |
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| 169 | | - | (7) Under the direction of the board, to coordinate with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry. |
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| 170 | | - | |
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| 171 | | - | (8) Any other function, task, or duty as may reasonably be assigned by the president of the board, including, but not limited to, performing research and obtaining documents and other evidence for board activities, including rate hearings. |
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| 172 | | - | |
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| 173 | | - | (b) The Secretary of Business, Transportation and Housing shall appoint one assistant director to serve in a career executive assignment at the pleasure of the secretary. The assistant director shall have the duties as assigned by the executive director, and shall be responsible to the executive director for the performance of his or her their duties. |
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| 174 | | - | |
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| 175 | | - | (c) The board may employ personnel necessary to carry out the purposes of this chapter. All personnel shall be appointed pursuant to the State Civil Service Act (Part 1 2 (commencing with Section 18000) 18500) of Division 5 of Title 2 of the Government Code), except for the executive director and the assistant director, who shall be exempt from state civil service. The board may fix the compensation of, and from time to time periodically adjust the compensation of, any employees as may be necessary. |
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| 176 | | - | |
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| 177 | | - | (d) All personnel of the board shall be appointed, directed, and controlled by the board, the executive director, or the boards authorized deputies or agents to whom it may delegate its powers. |
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| 178 | | - | |
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| 179 | | - | (e) The board may contract and employ commission investigators. The board shall adopt regulations for the minimum standards for a commission investigator that shall include, but are not limited to, a basic knowledge of investigative techniques and maritime issues. |
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| 180 | | - | |
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| 181 | | - | SEC. 5. Section 1156.5 of the Harbors and Navigation Code is amended to read:1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years.(b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position. |
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| 182 | | - | |
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| 183 | | - | SEC. 5. Section 1156.5 of the Harbors and Navigation Code is amended to read: |
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| 184 | | - | |
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| 185 | | - | ### SEC. 5. |
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| 186 | | - | |
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| 187 | | - | 1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years.(b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position. |
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| 188 | | - | |
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| 189 | | - | 1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years.(b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position. |
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| 190 | | - | |
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| 191 | | - | 1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years.(b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position. |
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| 192 | | - | |
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| 193 | | - | |
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| 194 | | - | |
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| 195 | | - | 1156.5. (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board. The term of office to which the executive director is appointed is five years. |
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| 196 | | - | |
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| 197 | | - | (b) The Secretary of Business, Transportation and Housing, Transportation, or his or her their designee, shall act as the executive director during the absence from the state or other temporary absence, disability, or unavailability of the executive director, or during a vacancy in that position. |
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| 198 | | - | |
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| 199 | | - | SEC. 6. Section 1157.5 of the Harbors and Navigation Code is amended to read:1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following:(a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction.(b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations:(1) Licensed and fit for duty.(2) Licensed and not fit for duty.(3) Licensed and on authorized training.(4) Licensed and on active military duty.(5) Licensed and on leave of absence.(6) Licensed but license suspended.(c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident.(d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200). |
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| 200 | | - | |
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| 201 | | - | SEC. 6. Section 1157.5 of the Harbors and Navigation Code is amended to read: |
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| 202 | | - | |
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| 203 | | - | ### SEC. 6. |
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| 204 | | - | |
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| 205 | | - | 1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following:(a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction.(b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations:(1) Licensed and fit for duty.(2) Licensed and not fit for duty.(3) Licensed and on authorized training.(4) Licensed and on active military duty.(5) Licensed and on leave of absence.(6) Licensed but license suspended.(c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident.(d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200). |
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| 206 | | - | |
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| 207 | | - | 1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following:(a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction.(b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations:(1) Licensed and fit for duty.(2) Licensed and not fit for duty.(3) Licensed and on authorized training.(4) Licensed and on active military duty.(5) Licensed and on leave of absence.(6) Licensed but license suspended.(c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident.(d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200). |
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| 208 | | - | |
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| 209 | | - | 1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following:(a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction.(b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations:(1) Licensed and fit for duty.(2) Licensed and not fit for duty.(3) Licensed and on authorized training.(4) Licensed and on active military duty.(5) Licensed and on leave of absence.(6) Licensed but license suspended.(c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident.(d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200). |
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| 210 | | - | |
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| 211 | | - | |
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| 212 | | - | |
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| 213 | | - | 1157.5. On or before April 15, 2010, and annually thereafter, the The board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing Transportation, by April 15 of each year, a report describing the boards activities for the preceding calendar year. The report shall include, but not be limited to, all of the following: |
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| 214 | | - | |
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| 215 | | - | (a) The number of vessel movements across the bar, on the bays, and on the rivers within the boards jurisdiction. |
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| 216 | | - | |
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| 217 | | - | (b) The name of each licensed pilot and pilot trainee, and the status of each person. If a person has had more than one status during the reporting year, each status and the length of time in that status shall be indicated. For the purposes of this section, status includes all of the following designations: |
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| 218 | | - | |
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| 219 | | - | (1) Licensed and fit for duty. |
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| 220 | | - | |
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| 221 | | - | (2) Licensed and not fit for duty. |
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| 222 | | - | |
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| 223 | | - | (3) Licensed and on authorized training. |
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| 224 | | - | |
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| 225 | | - | (4) Licensed and on active military duty. |
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| 226 | | - | |
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| 227 | | - | (5) Licensed and on leave of absence. |
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| 228 | | - | |
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| 229 | | - | (6) Licensed but license suspended. |
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| 230 | | - | |
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| 231 | | - | (c) A summary of each report of misconduct or a navigational incident involving a pilot or pilot trainee, or other matters for which a license issued by the board may be revoked or suspended. For those cases that have been closed, the summary shall include a description of findings made by the incident review committee and of the resulting action taken by the board. For those cases that are still under investigation, the summary shall include a description of the reported incident and an estimated completion date for the investigation. For those closed cases involving a pilot who has been involved in a prior incident and a finding of pilot error had been made, the report shall also include a summary of that incident. |
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| 232 | | - | |
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| 233 | | - | (d) A summary of final decisions of rate hearings held by the board pursuant to Chapter 6 (commencing with Section 1200). |
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| 234 | | - | |
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| 235 | | - | SEC. 7. Section 1170.1 of the Harbors and Navigation Code is amended to read:1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing. |
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| 236 | | - | |
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| 237 | | - | SEC. 7. Section 1170.1 of the Harbors and Navigation Code is amended to read: |
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| 238 | | - | |
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| 239 | | - | ### SEC. 7. |
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| 240 | | - | |
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| 241 | | - | 1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing. |
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| 242 | | - | |
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| 243 | | - | 1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing. |
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| 244 | | - | |
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| 245 | | - | 1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing. |
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| 246 | | - | |
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| 247 | | - | |
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| 248 | | - | |
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| 249 | | - | 1170.1. In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 Section 1100, Section 1101, and 1101, Section 1102, the results of the study required by Section 1196.5, the 1986 manpower study adopted by the board, the results of an audit made pursuant to, and the factors specified in, subdivision (a) of Section 1203, 1200.5, the industrys current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing. |
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| 250 | | - | |
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| 251 | | - | SEC. 8. Section 1190 of the Harbors and Navigation Code is amended to read:1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun:(1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200).(3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward.(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191.(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. |
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| 252 | | - | |
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| 253 | | - | SEC. 8. Section 1190 of the Harbors and Navigation Code is amended to read: |
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| 254 | | - | |
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| 255 | | - | ### SEC. 8. |
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| 256 | | - | |
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| 257 | | - | 1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun:(1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200).(3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward.(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191.(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. |
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| 258 | | - | |
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| 259 | | - | 1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun:(1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200).(3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward.(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191.(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. |
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| 260 | | - | |
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| 261 | | - | 1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun:(1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200).(3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward.(b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191.(c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. |
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| 262 | | - | |
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| 263 | | - | |
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| 264 | | - | |
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| 265 | | - | 1190. (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun: |
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| 266 | | - | |
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| 267 | | - | (1) Eight Ten dollars and eleven twenty-six cents ($8.11) ($10.26) per draft foot of the vessels deepest draft and fractions of a foot pro rata, and an additional charge of 73.01 92.43 mills per high gross registered ton as changed pursuant to law ton. These rates shall remain in effect on December 31, 1999. The mill until the board adopts different rates established by this paragraph may be changed as follows: pursuant to the process set forth in Chapter 6 (commencing with Section 1200). |
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| 268 | | - | |
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| 269 | | - | (A)(i)On and after January 1, 2010, if the number of pilots licensed by the board is 58 or 59 pilots, the mill rate in effect on December 31, 2006, shall be decreased by an incremental amount that is proportionate to one-half of the last audited annual average net income per pilot for each pilot licensed by the board below 60 pilots. |
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| 270 | | - | |
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| 271 | | - | |
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| 272 | | - | |
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| 273 | | - | (ii)On and after January 1, 2010, if the number of pilots licensed by the board is fewer than 58 pilots, the mill rate in effect on December 31, 2006, shall be adjusted in accordance with the method described in clause (i) as though there are 58 pilots licensed by the board. |
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| 274 | | - | |
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| 275 | | - | |
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| 276 | | - | |
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| 277 | | - | (iii)The incremental mill rate adjustment authorized by this subparagraph shall be calculated using the data reported to the board for the number of gross registered tons handled by pilots licensed under this division during the same 12-month period as the audited annual average net income per pilot. The incremental mill rate adjustment shall become effective at the beginning of the immediately following quarter, commencing January 1, April 1, July 1, or October 1, as directed by the board. |
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| 278 | | - | |
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| 279 | | - | |
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| 280 | | - | |
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| 281 | | - | (iv)On and after January 1, 2010, if, during any quarter described in this paragraph, the number of pilots licensed by the board is equal to or greater than 60, clauses (i) to (iii), inclusive, shall become inoperative on the first day of the immediately following quarter. |
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| 282 | | - | |
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| 283 | | - | |
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| 284 | | - | |
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| 285 | | - | (B)There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots costs of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this subparagraph shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of existing pilot boats shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats under this subparagraph. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subparagraph, including, but not limited to, reduced repair and maintenance expenses. |
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| 286 | | - | |
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| 287 | | - | |
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| 288 | | - | |
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| 289 | | - | (C)In addition to the incremental rate specified in subparagraph (B), the mill rate established by this subdivision may be adjusted at the direction of the board if, after a hearing conducted pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the board determines that there has been a catastrophic cost increase to the pilots that would result in at least a 2-percent increase in the overall annual cost of providing pilot services. |
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| 290 | | - | |
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| 291 | | - | |
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| 292 | | - | |
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| 293 | | - | (2) A minimum charge for bar pilotage shall be six hundred sixty-two dollars ($662) for each vessel piloted. This rate shall remain in effect until the board adopts a different rate pursuant to the process set forth in Chapter 6 (commencing with Section 1200). |
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| 294 | | - | |
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| 295 | | - | (3) The vessels deepest draft shall be the maximum draft attained, on a stillwater basis, at any part of the vessel during the course of such that transit inward or outward. |
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| 296 | | - | |
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| 297 | | - | (b) The rate specified in subdivision (a) shall apply only to a pilotage that passes through the Golden Gate to or from the high seas to or from a berth within an area bounded by the Union Pacific Railroad Bridge to the north and Hunters Point to the south. The rate for pilotage to or from the high seas to or from a point past the Union Pacific Railroad Bridge or Hunters Point shall include a movement fee in addition to the basic bar pilotage rate rate, as specified by the board pursuant to Section 1191. |
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| 298 | | - | |
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| 299 | | - | (c) The rate established in paragraph (1) of subdivision (a) shall be for a trip from the high seas to dock or from the dock to high seas. The rate specified in Section 1191 shall not be charged by pilots for docking and undocking vessels. This subdivision does not apply to the rates charged by inland pilots for their services. |
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| 300 | | - | |
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| 301 | | - | (d)The board shall determine the number of pilots to be licensed based on the 1986 manpower study adopted by the board. |
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| 302 | | - | |
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| 303 | | - | |
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| 304 | | - | |
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| 305 | | - | (e)Consistent with the boards May 2002 adoption of rate recommendations, the rates imposed pursuant to paragraph (1) of subdivision (a) that are in effect on December 31, 2002, shall be increased by 4 percent on January 1, 2003; those in effect on December 31, 2003, shall be increased by 4 percent on January 1, 2004; those in effect on December 31, 2004, shall be increased by 3 percent on January 1, 2005; and those in effect on December 31, 2005, shall be increased by 3 percent on January 1, 2006. |
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| 306 | | - | |
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| 307 | | - | |
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| 308 | | - | |
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| 309 | | - | SEC. 9. Section 1190.1 of the Harbors and Navigation Code is amended to read:1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190. |
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| 310 | | - | |
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| 311 | | - | SEC. 9. Section 1190.1 of the Harbors and Navigation Code is amended to read: |
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| 312 | | - | |
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| 313 | | - | ### SEC. 9. |
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| 314 | | - | |
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| 315 | | - | 1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190. |
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| 316 | | - | |
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| 317 | | - | 1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190. |
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| 318 | | - | |
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| 319 | | - | 1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190. |
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| 320 | | - | |
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| 321 | | - | |
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| 322 | | - | |
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| 323 | | - | 1190.1. Every vessel that uses a pilot under pursuant to this division while navigating the waters of Monterey Bay shall pay the rate provided by subdivisions determined pursuant to subdivision (a) and (e) of Section 1190. |
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| 324 | | - | |
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| 325 | | - | SEC. 10. Section 1190.2 is added to the Harbors and Navigation Code, to read:1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses. |
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| 326 | | - | |
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| 327 | | - | SEC. 10. Section 1190.2 is added to the Harbors and Navigation Code, to read: |
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| 328 | | - | |
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| 329 | | - | ### SEC. 10. |
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| 330 | | - | |
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| 331 | | - | 1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses. |
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| 332 | | - | |
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| 333 | | - | 1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses. |
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| 334 | | - | |
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| 335 | | - | 1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses. |
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| 336 | | - | |
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| 337 | | - | |
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| 338 | | - | |
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| 339 | | - | 1190.2. There shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots cost of obtaining new pilot boats and of funding design and engineering modifications for the purposes of extending the service life of existing pilot boats, excluding costs for repair or maintenance. The incremental mill rate charge authorized by this section shall be identified as a pilot boat surcharge on the pilots invoices and separately accounted for in the accounting required by Section 1136. Net proceeds from the sale of an existing pilot boat shall be used to reduce the debt on the new pilot boats and any debt associated with the modification of pilot boats pursuant to this section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats pursuant to this section, including, but not limited to, reduced repair and maintenance expenses. |
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| 340 | | - | |
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| 341 | | - | SEC. 11. 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the 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 specified in the schedule of pilotage rates adopted by the Legislature. board.(c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a). |
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| 342 | | - | |
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| 343 | | - | SEC. 11. Section 1191 of the Harbors and Navigation Code is amended to read: |
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| 344 | | - | |
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| 345 | | - | ### SEC. 11. |
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| 346 | | - | |
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| 347 | | - | 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the 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 specified in the schedule of pilotage rates adopted by the Legislature. board.(c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a). |
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| 348 | | - | |
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| 349 | | - | 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the 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 specified in the schedule of pilotage rates adopted by the Legislature. board.(c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a). |
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| 350 | | - | |
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| 351 | | - | 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the 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 specified in the schedule of pilotage rates adopted by the Legislature. board.(c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a). |
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| 352 | | - | |
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| 353 | | - | |
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| 354 | | - | |
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| 355 | | - | 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 providing fair and reasonable return to pilots engaged in ship movements or special operations if the rates for those movements or operations are not specified in Section 1190. |
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| 356 | | - | |
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| 357 | | - | (b) A vessel using pilots for ship movements or special operations that do not constitute bar pilotage shall pay the rate specified in the schedule of pilotage rates adopted by the Legislature. board. |
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| 358 | | - | |
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| 359 | | - | (c) Consistent with the boards adoption of rate recommendations in May 2002, the The minimum rates imposed pursuant to this section that are in effect on December 31, 2002, 2020, shall be increased by 26 percent on January 1, 2003; those remain 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. until the board adopts a different rate pursuant to subdivision (a). |
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| 361 | | - | SEC. 12. Chapter 6 (commencing with Section 1200) of Division 5 of the Harbors and Navigation Code is repealed. |
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| 362 | | - | |
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| 363 | | - | SEC. 12. Chapter 6 (commencing with Section 1200) of Division 5 of the Harbors and Navigation Code is repealed. |
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| 364 | | - | |
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| 365 | | - | ### SEC. 12. |
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| 366 | | - | |
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| 369 | | - | SEC. 13. Chapter 6 (commencing with Section 1200) is added to Division 5 of the Harbors and Navigation Code, to read: CHAPTER 6. Pilotage Ratesetting Process CHAPTER 6. 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1).(b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment.(b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website.(c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board.1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change.(b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings.(c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings.(d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties.1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party.(b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence.(c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes.1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6.(b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d).(c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2.(d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings.(e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order.1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: (1) The cost of providing service. (2) The net return to pilots sufficient to attract and hold qualified pilots. (3) The change in the cost of living. (4) The rates charged for services in other ports. (5) The income paid for comparable services. (6) The methods of determining rates in other ports. (7) The economic factors affecting local shipping. (8) The volume of shipping traffic.(9) The number of available pilots. (10) The risk to pilots. (11) The changes in navigational and safety equipment and pilot support activities. (12) The results of any audits required pursuant to subdivision (c) of Section 1200.(b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board.(c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified.1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties.(b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties.(c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties.1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties.(b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties.(c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length.1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised.(b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied.(c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly.(d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b).1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4.1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located.(b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition.(c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section.1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered.1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 370 | | - | |
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| 371 | | - | SEC. 13. Chapter 6 (commencing with Section 1200) is added to Division 5 of the Harbors and Navigation Code, to read: |
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| 372 | | - | |
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| 373 | | - | ### SEC. 13. |
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| 374 | | - | |
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| 375 | | - | CHAPTER 6. Pilotage Ratesetting Process CHAPTER 6. 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1).(b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment.(b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website.(c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board.1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change.(b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings.(c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings.(d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties.1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party.(b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence.(c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes.1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6.(b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d).(c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2.(d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings.(e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order.1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: (1) The cost of providing service. (2) The net return to pilots sufficient to attract and hold qualified pilots. (3) The change in the cost of living. (4) The rates charged for services in other ports. (5) The income paid for comparable services. (6) The methods of determining rates in other ports. (7) The economic factors affecting local shipping. (8) The volume of shipping traffic.(9) The number of available pilots. (10) The risk to pilots. (11) The changes in navigational and safety equipment and pilot support activities. (12) The results of any audits required pursuant to subdivision (c) of Section 1200.(b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board.(c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified.1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties.(b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties.(c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties.1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties.(b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties.(c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length.1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised.(b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied.(c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly.(d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b).1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4.1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located.(b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition.(c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section.1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered.1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 376 | | - | |
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| 377 | | - | CHAPTER 6. Pilotage Ratesetting Process CHAPTER 6. 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1).(b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment.(b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website.(c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board.1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change.(b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings.(c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings.(d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties.1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party.(b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence.(c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes.1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6.(b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d).(c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2.(d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings.(e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order.1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: (1) The cost of providing service. (2) The net return to pilots sufficient to attract and hold qualified pilots. (3) The change in the cost of living. (4) The rates charged for services in other ports. (5) The income paid for comparable services. (6) The methods of determining rates in other ports. (7) The economic factors affecting local shipping. (8) The volume of shipping traffic.(9) The number of available pilots. (10) The risk to pilots. (11) The changes in navigational and safety equipment and pilot support activities. (12) The results of any audits required pursuant to subdivision (c) of Section 1200.(b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board.(c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified.1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties.(b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties.(c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties.1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties.(b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties.(c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length.1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised.(b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied.(c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly.(d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b).1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4.1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located.(b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition.(c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section.1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered.1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 379 | | - | CHAPTER 6. Pilotage Ratesetting Process CHAPTER 6. |
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| 381 | | - | CHAPTER 6. Pilotage Ratesetting Process |
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| 383 | | - | CHAPTER 6. |
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| 385 | | - | 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1).(b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. |
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| 388 | | - | |
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| 389 | | - | 1200. (a) (1) The board shall adopt regulations for the adjustment of rates for pilotage services established by Sections 1190 and 1191 pursuant to the processes set forth in this chapter. |
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| 390 | | - | |
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| 391 | | - | (2) The board may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement paragraph (1). |
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| 392 | | - | |
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| 393 | | - | (b) The boards authority to set rates for pilotage services pursuant to this chapter shall include the authority to adopt any singular rate adjustment or periodic rate adjustment, or both. |
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| 394 | | - | |
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| 395 | | - | (c) In connection with the boards authority to set rates pursuant to this chapter, the board may require an independent audit by a public accountant selected by the board. Any audits required by the board shall cover pilotage operations for those years that the board may specify. |
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| 396 | | - | |
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| 397 | | - | 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment.(b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website.(c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board. |
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| 398 | | - | |
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| 399 | | - | |
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| 400 | | - | |
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| 401 | | - | 1200.1. (a) Any party directly affected by pilotage rates established by Sections 1190 or 1191 may file an application for the review and adjustment of those rates. Ten copies of the application together with all the written evidence in support shall be filed with the board at least 30 days prior to the requested effective date of the rate adjustment. |
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| 402 | | - | |
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| 403 | | - | (b) Within 10 days of the filing of an application pursuant to this chapter, the board shall serve a notice of the filing on all interested parties who have requested notification and make the contents of the application available on the boards internet website. |
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| 404 | | - | |
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| 405 | | - | (c) The application and any material required pursuant to this subdivision shall be deemed served if served by electronic or any other means as may be agreed to by the parties and approved by the board. |
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| 406 | | - | |
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| 407 | | - | 1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change.(b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings.(c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings.(d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties. |
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| 408 | | - | |
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| 409 | | - | |
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| 410 | | - | |
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| 411 | | - | 1200.2. (a) Within 20 days of the service of the boards notice of the filing of an application pursuant to Section 1200.1, any party directly affected by the application may file a notice of intent to participate in the proceedings or a protest objecting to the proposed rate change. |
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| 412 | | - | |
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| 413 | | - | (b) A protest filed pursuant to subdivision (a) shall state with specificity the material issues in dispute and whether the issues may be addressed through written comments or require evidentiary hearings. |
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| 414 | | - | |
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| 415 | | - | (c) Within 20 days after the filing of a protest, or at a later time as the board may direct, the board shall give notice to all parties of a prehearing conference to define the issues in dispute, determine whether they can be resolved through written comments or require an evidentiary hearing, and establish a schedule for discovery and any hearings. |
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| 416 | | - | |
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| 417 | | - | (d) Within 15 days following the prehearing conference, the board shall issue a scoping order identifying the issues in dispute, indicating whether evidentiary hearings are required to resolve any issues in dispute, and providing a schedule for discovery and the submission of written testimony for those hearings or for the filing of written comments. A copy of the scoping order shall be posted on the boards internet website and served on all parties. |
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| 418 | | - | |
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| 419 | | - | 1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party.(b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence.(c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes. |
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| 420 | | - | |
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| 421 | | - | |
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| 422 | | - | |
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| 423 | | - | 1200.3. (a) Within 30 days following the service of the scoping order issued pursuant to subdivision (d) of Section 1200.2, but no later than 20 days before the initial date set for an evidentiary hearing, a party may conduct discovery as set forth in subdivision (b). Within 10 days of service of a discovery request, the responding party shall serve its response or objections to the requesting party. |
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| 424 | | - | |
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| 425 | | - | (b) Discovery authorized by this section is limited to written requests for data that are reasonably calculated to lead to admissible evidence relevant to one or more of the issues in dispute identified in the scoping order that are not overly burdensome or onerous and that do not require the preparation of studies or other material not then in existence. |
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| 426 | | - | |
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| 427 | | - | (c) The administrative law judge appointed pursuant to subdivision (b) of Section 1200.4 shall promptly rule on all discovery disputes. |
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| 428 | | - | |
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| 429 | | - | 1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6.(b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d).(c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2.(d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings.(e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order. |
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| 430 | | - | |
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| 431 | | - | |
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| 432 | | - | |
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| 433 | | - | 1200.4. (a) Any rate adjustment adopted by the board pursuant to this chapter shall be determined at a public meeting of the board subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). To decide any issues in dispute that require an evidentiary hearing, the board shall hold a public hearing as set forth in this section. To decide issues in dispute that do not require an evidentiary hearing, the board shall proceed in accordance with the process set forth in Section 1200.6. |
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| 434 | | - | |
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| 435 | | - | (b) Within 10 days after the board orders an evidentiary hearing pursuant to Section 1200.2 or at an earlier time as the board may direct, the board shall request the appointment of an administrative law judge by the Director of the Office of Administrative Hearings for the purpose of ruling on discovery disputes under Section 1200.3 and to act as the hearing officer at the evidentiary hearing pursuant to subdivision (d). |
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| 436 | | - | |
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| 437 | | - | (c) The Office of Administrative Hearings shall be compensated by the board for its costs associated with the services of the administrative law judge provided pursuant to subdivision (b). Any expense shall be funded by revenues received by the board from the board operations surcharge set forth in Section 1159.2. |
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| 438 | | - | |
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| 439 | | - | (d) Evidentiary hearings shall be held in the board offices unless otherwise directed by the board. The evidentiary hearings shall be held before a quorum of the board and presided over by an administrative law judge appointed pursuant to subdivision (b). The administrative law judge shall conduct the process of the hearings, including, but not limited to, rulings on discovery disputes, all motions, and any objections or disputes arising during the evidentiary hearings. |
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| 440 | | - | |
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| 441 | | - | (e) All direct testimony for an evidentiary hearing held pursuant to this section shall be submitted in written form in advance of the hearing as set forth in the scoping order pursuant to subdivision (d) of Section 1200.2. Evidentiary hearings shall be limited to the admission of evidence, including the prepared written testimony, the presentation of demonstrative evidence, and cross-examination on the prepared written testimony, and any other evidence set forth in the scoping order. |
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| 442 | | - | |
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| 443 | | - | 1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: (1) The cost of providing service. (2) The net return to pilots sufficient to attract and hold qualified pilots. (3) The change in the cost of living. (4) The rates charged for services in other ports. (5) The income paid for comparable services. (6) The methods of determining rates in other ports. (7) The economic factors affecting local shipping. (8) The volume of shipping traffic.(9) The number of available pilots. (10) The risk to pilots. (11) The changes in navigational and safety equipment and pilot support activities. (12) The results of any audits required pursuant to subdivision (c) of Section 1200.(b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board.(c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified. |
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| 444 | | - | |
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| 445 | | - | |
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| 446 | | - | |
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| 447 | | - | 1200.5. (a) The board shall consider all of the following factors in preparing its decision on a rate application: |
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| 448 | | - | |
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| 449 | | - | (1) The cost of providing service. |
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| 450 | | - | |
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| 451 | | - | (2) The net return to pilots sufficient to attract and hold qualified pilots. |
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| 452 | | - | |
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| 453 | | - | (3) The change in the cost of living. |
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| 454 | | - | |
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| 455 | | - | (4) The rates charged for services in other ports. |
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| 456 | | - | |
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| 457 | | - | (5) The income paid for comparable services. |
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| 458 | | - | |
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| 459 | | - | (6) The methods of determining rates in other ports. |
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| 460 | | - | |
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| 461 | | - | (7) The economic factors affecting local shipping. |
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| 462 | | - | |
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| 463 | | - | (8) The volume of shipping traffic. |
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| 464 | | - | |
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| 465 | | - | (9) The number of available pilots. |
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| 466 | | - | |
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| 467 | | - | (10) The risk to pilots. |
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| 468 | | - | |
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| 469 | | - | (11) The changes in navigational and safety equipment and pilot support activities. |
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| 470 | | - | |
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| 471 | | - | (12) The results of any audits required pursuant to subdivision (c) of Section 1200. |
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| 472 | | - | |
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| 473 | | - | (b) The weight to be given to each of the factors identified in subdivision (a) shall be left to the discretion of the board. |
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| 474 | | - | |
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| 475 | | - | (c) The party seeking a rate adjustment shall have the burden of proving by a preponderance of the evidence that a change in rates is justified. |
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| 476 | | - | |
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| 477 | | - | 1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties.(b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties.(c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties. |
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| 478 | | - | |
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| 479 | | - | |
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| 480 | | - | |
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| 481 | | - | 1200.6. (a) If a matter is determined by the board to be eligible for decision on the submission of comments without an evidentiary hearing, any party may file initial comments to address the application for a rate adjustment and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the close of discovery and served on all parties. |
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| 482 | | - | |
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| 483 | | - | (b) If a matter proceeds to an evidentiary hearing, any party may file any initial comments to address the issues, the evidence admitted into the record, and the partys proposal for a draft decision. Initial comments shall be limited to 25 pages, filed in writing 20 days after the conclusion of the evidentiary hearing and served on all parties. |
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| 484 | | - | |
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| 485 | | - | (c) Any party may file reply comments addressing any matter raised in the initial comments of another party. Reply comments shall be filed within 10 days of the service of initial comments. Reply comments are limited to 10 pages and shall be served on all parties. |
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| 486 | | - | |
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| 487 | | - | 1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties.(b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties.(c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length. |
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| 488 | | - | |
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| 489 | | - | |
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| 490 | | - | |
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| 491 | | - | 1200.7. (a) Within 30 days of the submission of comments pursuant to Section 1200.6, the board shall issue a proposed draft decision based on the record. A copy of the draft decision shall be posted on the boards internet website and served on all parties. |
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| 492 | | - | |
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| 493 | | - | (b) Within 20 days of the service of the draft decision, any party may file initial comments on the draft decision. The comments shall be limited to claims of mistakes of fact in the draft decision or errors of law, limited to 10 pages in length, and served on all other parties. |
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| 494 | | - | |
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| 495 | | - | (c) Within 10 days after the service of initial comments to the draft decision, any party may file reply comments that are limited to the issues raised in another partys initial comments to the draft decision and are limited to five pages in length. |
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| 496 | | - | |
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| 497 | | - | 1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised.(b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied.(c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly.(d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b). |
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| 498 | | - | |
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| 499 | | - | |
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| 500 | | - | |
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| 501 | | - | 1200.8. (a) Within 20 days after the filing of the comments to the draft decision pursuant to Section 1200.6, or after the expiration of time to file comments, but no later than 11 months following the filing of an application for a rate adjustment under Section 1200.1, the board shall issue a final decision. The final decision shall include a statement of the case, a discussion of significant legal issues raised, and findings of fact and conclusions of law on the issues raised. |
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| 502 | | - | |
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| 503 | | - | (b) Within 20 days after issuance of a final decision, any party may file a request for rehearing which shall state in detail any mistakes in material fact or errors in law in the final decision. If the board does not act within 30 days after the filing of a request for rehearing, the request shall be deemed denied. |
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| 504 | | - | |
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| 505 | | - | (c) A final decision shall include a schedule of rates that shall be published and made publicly available by the port agent appointed pursuant to Section 1130 and posted on the boards internet website. A copy of the final decision supported by a transcript of the proceedings of the board shall be submitted to the Secretary of the Senate and the Chief Clerk of the Assembly. |
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| 506 | | - | |
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| 507 | | - | (d) Any rate adjustment approved pursuant to the process provided by this chapter shall be effective upon the adoption of any final decision issued by the board, as otherwise provided for in the final decision, if rehearing is not requested, or upon denial of any request for rehearing pursuant to subdivision (b). |
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| 508 | | - | |
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| 509 | | - | 1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4. |
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| 510 | | - | |
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| 511 | | - | |
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| 512 | | - | |
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| 513 | | - | 1200.9. For good cause shown, the timing and page limits provided in this chapter may be extended by an order of the board or the administrative law judge appointed pursuant to subdivision (b) of Section 1200.4. |
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| 514 | | - | |
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| 515 | | - | 1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located.(b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition.(c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section. |
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| 516 | | - | |
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| 517 | | - | |
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| 518 | | - | |
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| 519 | | - | 1200.10. (a) Within 30 days of the denial of any request for rehearing, or if a rehearing is granted, then 30 days after the issuance of a final decision on rehearing an aggrieved party may file a petition for writ of review in the court of appeal for the purpose of having the lawfulness of the final decision determined. The venue for any petition for writ of review shall be in the district in which the board is located. |
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| 520 | | - | |
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| 521 | | - | (b) The petition for writ of review shall be served on the board, the boards counsel, and all parties to the proceeding, who shall by right be allowed to file a response to the petition. |
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| 522 | | - | |
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| 523 | | - | (c) Any final decision of the board under Section 1200.8 shall be effective pending any petition for review pursuant to this section. |
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| 524 | | - | |
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| 525 | | - | 1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered. |
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| 526 | | - | |
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| 527 | | - | |
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| 528 | | - | |
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| 529 | | - | 1202. Public hearings for the purpose of investigating pilotage rates shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and a full record shall be kept of all the evidence offered. |
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| 530 | | - | |
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| 531 | | - | 1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 532 | | - | |
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| 533 | | - | |
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| 534 | | - | |
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| 535 | | - | 1203. It is the intent of the Legislature to review this chapter and, if appropriate, enact subsequent legislation to amend this chapter as of January 1, 2027. |
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| 168 | + | (3) Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated. |
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