California 2021 2021-2022 Regular Session

California Assembly Bill AB2056 Amended / Bill

Filed 03/11/2022

                    Amended IN  Assembly  March 11, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2056Introduced by Assembly Member GraysonFebruary 14, 2022 An act to amend Section 1190.2 of the Harbors and Navigation Code, relating to bar pilots, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 2056, as amended, Grayson. Bar pilots: pilotage rates: pilot boat surcharge.Existing law provides for the regulation and licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. 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. Existing law also imposes, among other things, an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover a pilots costs of obtaining new pilot boats and of funding design and engineering modifications, which is required to be identified as a pilot boat surcharge on a pilots invoices and accounted for separately in a pilots monthly account of all moneys or other compensation received by the pilot as a result of pilotage services.This bill would specify, for purposes of the pilot boat surcharge provisions, that the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1190.2 of the Harbors and Navigation Code is amended to read:1190.2. (a) 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.(b) 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.(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist in the facilitation of the safe movement of vessels and expedite maritime commerce on the navigational channels of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the Sacramento-San Joaquin River systems, and to respond in part to the adoption of the commercial harbor craft regulation that includes accelerated and aggressive targets for the reduction of diesel particulate matter emissions that have been identified by the state to be an air toxic contaminant, it is necessary for this act to take effect immediately.

 Amended IN  Assembly  March 11, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2056Introduced by Assembly Member GraysonFebruary 14, 2022 An act to amend Section 1190.2 of the Harbors and Navigation Code, relating to bar pilots, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 2056, as amended, Grayson. Bar pilots: pilotage rates: pilot boat surcharge.Existing law provides for the regulation and licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. 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. Existing law also imposes, among other things, an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover a pilots costs of obtaining new pilot boats and of funding design and engineering modifications, which is required to be identified as a pilot boat surcharge on a pilots invoices and accounted for separately in a pilots monthly account of all moneys or other compensation received by the pilot as a result of pilotage services.This bill would specify, for purposes of the pilot boat surcharge provisions, that the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  March 11, 2022

Amended IN  Assembly  March 11, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2056

Introduced by Assembly Member GraysonFebruary 14, 2022

Introduced by Assembly Member Grayson
February 14, 2022

 An act to amend Section 1190.2 of the Harbors and Navigation Code, relating to bar pilots, and declaring the urgency thereof, to take effect immediately. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2056, as amended, Grayson. Bar pilots: pilotage rates: pilot boat surcharge.

Existing law provides for the regulation and licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. 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. Existing law also imposes, among other things, an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover a pilots costs of obtaining new pilot boats and of funding design and engineering modifications, which is required to be identified as a pilot boat surcharge on a pilots invoices and accounted for separately in a pilots monthly account of all moneys or other compensation received by the pilot as a result of pilotage services.This bill would specify, for purposes of the pilot boat surcharge provisions, that the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides for the regulation and licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. 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. Existing law also imposes, among other things, an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover a pilots costs of obtaining new pilot boats and of funding design and engineering modifications, which is required to be identified as a pilot boat surcharge on a pilots invoices and accounted for separately in a pilots monthly account of all moneys or other compensation received by the pilot as a result of pilotage services.

This bill would specify, for purposes of the pilot boat surcharge provisions, that the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.

This bill would declare that it is to take effect immediately as an urgency statute.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1190.2 of the Harbors and Navigation Code is amended to read:1190.2. (a) 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.(b) 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.(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist in the facilitation of the safe movement of vessels and expedite maritime commerce on the navigational channels of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the Sacramento-San Joaquin River systems, and to respond in part to the adoption of the commercial harbor craft regulation that includes accelerated and aggressive targets for the reduction of diesel particulate matter emissions that have been identified by the state to be an air toxic contaminant, it is necessary for this act to take effect immediately.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1190.2 of the Harbors and Navigation Code is amended to read:1190.2. (a) 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.(b) 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.(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.

SECTION 1. Section 1190.2 of the Harbors and Navigation Code is amended to read:

### SECTION 1.

1190.2. (a) 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.(b) 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.(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.

1190.2. (a) 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.(b) 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.(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.

1190.2. (a) 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.(b) 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.(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.



1190.2. (a) 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.

(b) 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.

(c) 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 section. The board may adjust a pilot boat surcharge to reflect any associated operational savings resulting from the modification of pilot boats under this subdivision, including, but not limited to, reduced repair and maintenance expenses.

(d) For purposes of this section, the costs of obtaining new pilot boats includes the costs of repowering existing pilot boats or the acquisition of new pilot boats in order to meet the requirements of any rule governing the emissions of commercial harbor craft imposed adopted by the State Air Resources Board.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist in the facilitation of the safe movement of vessels and expedite maritime commerce on the navigational channels of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the Sacramento-San Joaquin River systems, and to respond in part to the adoption of the commercial harbor craft regulation that includes accelerated and aggressive targets for the reduction of diesel particulate matter emissions that have been identified by the state to be an air toxic contaminant, it is necessary for this act to take effect immediately.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to assist in the facilitation of the safe movement of vessels and expedite maritime commerce on the navigational channels of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the Sacramento-San Joaquin River systems, and to respond in part to the adoption of the commercial harbor craft regulation that includes accelerated and aggressive targets for the reduction of diesel particulate matter emissions that have been identified by the state to be an air toxic contaminant, it is necessary for this act to take effect immediately.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

### SEC. 2.

In order to assist in the facilitation of the safe movement of vessels and expedite maritime commerce on the navigational channels of Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the Sacramento-San Joaquin River systems, and to respond in part to the adoption of the commercial harbor craft regulation that includes accelerated and aggressive targets for the reduction of diesel particulate matter emissions that have been identified by the state to be an air toxic contaminant, it is necessary for this act to take effect immediately.