1150. (a) There is in the Business, Transportation and Housing
Agency a Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun, consisting of seven members appointed by the
Governor, with the consent of the Senate, as follows:
(1) Two members shall be pilots licensed pursuant to this
division.
(2) Two members shall represent the industry and shall be persons
currently engaged as owners, officers, directors, employees, or
representatives of a firm or association of firms that is a
substantial user of pilotage service in the Bay of San Francisco, San
Pablo, Suisun, or Monterey, one of whom shall be engaged in the
field of tanker company operations, and one of whom shall be engaged
in dry cargo operations. The board of directors of a regional
maritime trade association controlled by West Coast vessel operators
that specifically represents the owners and operators of vessels or
barges engaged in transportation by water of cargo or passengers from
or to the Pacific area of the United States shall nominate, rank,
and submit to the Governor the names of three persons for each
category of industry member to be appointed.
(3) Three members shall be public members. Any person may serve as
a public member unless otherwise prohibited by law, except that
during his or her term of office or within the two years preceding
his or her appointment, no public member appointed may have (A) any
financial or proprietary interest in the ownership, operation, or
management of tugs, cargo, or passenger vessels, (B) sailed under the
authority of a federal or state pilot license in waters under the
jurisdiction of the board, (C) been employed by a company that is a
substantial user of pilot services, or (D) been a consultant or other
person providing professional services who had received more than 20
percent in the aggregate of his or her income from a company that is
a substantial user of pilot services or an association of companies
that are substantial users of pilot services. Ownership of less than
one-tenth of 1 percent of the stock of a publicly traded corporation
is not a financial or proprietary interest in the ownership of tugs,
cargo, or passenger vessels.
(4) Notwithstanding any other provision of law, this chapter does
not prohibit the Governor from notifying the nominating authority
identified in paragraph (2) that persons nominated are unacceptable
for appointment. Following that notification, the nominating
authority shall submit a new list of nominees to the Governor, naming
three persons, none of whom were previously nominated, from which
the Governor may make the appointment. This process shall be
continued until a person nominated by the nominating authority and
satisfactory to the Governor has been appointed.
(b) Members appointed pursuant to subdivision (a) shall be
appointed with staggered terms as follows:
(1) Each of the members appointed pursuant to paragraphs (1) and
(2) of subdivision (a) shall be appointed for a four-year term,
except that the first member appointed after December 31, 2012, to an
initial term pursuant to paragraph (1) of subdivision (a) shall be
appointed to a term expiring on December 31, 2014, and the first
member appointed after December 31, 2012, to an initial term pursuant
to paragraph (2) of subdivision (a) shall be appointed to a term
expiring on December 31, 2014.
(2) Members appointed pursuant to paragraph (3) of subdivision (a)
shall be appointed with staggered four-year terms with the initial
four-year terms expiring on December 31 of the years 1988, 1990, and
1991, respectively.
(3) A person may not be appointed for more than two terms.
(4) Vacancies on the board for both expired and unexpired terms
shall be filled by the appointing power in the manner prescribed by
subdivision (a).
(c) A quorum of the board members consists of four members. All
actions of the board shall require the vote of four members, a quorum
being present.
(d) The Secretary of the Business, Transportation and Housing
Agency shall serve as an ex officio member of the board who, without
vote, may exercise all other privileges of a member of the board.
1151. Each member of the board shall be a citizen of the United
States and a resident of California. Each member appointed pursuant
to paragraphs (1) and (3) of subdivision (a) of Section 1150 shall be
a resident of one of the following counties: San Francisco, Alameda,
Contra Costa, Marin, Mendocino, Monterey, Sacramento, San Mateo,
Santa Clara, Santa Cruz, Solano, San Joaquin, Napa, Sonoma, or Yolo.
The member shall hold office during the pleasure of the power
appointing the member, not to exceed four years from the date of the
member's commission.
1152. (a) The public members of the board shall receive, as
compensation for their services, the amount that the board may, from
time to time, determine, which shall not exceed six hundred dollars
($600) each per month.
(b) The appointed members and employees of the board shall also be
allowed necessary traveling and other verified expenses incurred by
them in the performance of their duties.
1153. (a) The board shall organize itself by electing a president,
and shall provide offices in San Francisco or Alameda County, in
which it shall meet once a month, and it may adjourn its regular
meetings from time to time.
(b) Meetings of the board are 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).
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.
(b) The board's 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 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
1155. The president of the board may administer oaths in regard to
any matter properly before it and he or she may issue subpoenas for
witnesses in like cases. A witness disobeying the subpoena served on
him or her shall incur a penalty of five hundred dollars ($500), for
which judgment may be recovered by the board in a civil action. This
section shall not apply to proceedings conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
1156. (a) The board may appoint, fix the compensation of, and from
time to time 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, 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 Governor shall appoint one assistant director to serve at
the pleasure of the Governor. 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 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 (commencing with Section
18000) 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 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 board's
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.
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, or his
or her 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.
1156.6. (a) Whenever suspected safety standard violations
concerning pilot hoists, pilot ladders, or the proper rigging of
pilot hoists or pilot ladders are reported to the board, the
executive director shall assign a commission investigator to
personally inspect the equipment for its compliance with the relevant
safety standards promulgated by the United States Coast Guard and
the International Maritime Organization. The commission investigator
shall report preliminary conclusions, including an assessment of the
equipment's compliance with the relevant safety standards, to the
executive director as soon as possible. If, in the preliminary
report, the equipment is found to be in violation, or in likely
violation in the opinion of the commission investigator, of the
relevant safety standards, the executive director shall immediately
alert the cognizant United States Coast Guard office. The commission
investigator shall submit a written report to the incident review
committee as established by subdivision (a) of Section 1180.3 that
shall remain confidential until reported to the board. The incident
review committee, in turn, shall report its findings and
recommendations, if any, to the board. The board shall receive the
incident review committee's findings, which may include other
reports, information, or statements from interested parties. The
board shall specify, by regulation, the information that shall be
contained in the report.
(b) This section applies to the pilotage grounds, as defined in
Section 1114.5. Whenever a vessel passes outside of the pilotage
grounds, the commission investigator's report shall include that fact
along with a description of the incident.
(c) The record of the investigation and the board's findings and
recommendations, if any, shall be a public record maintained by the
board.
1157. The board shall keep a written record of all the board's
proceedings and acts.
(a) The board shall also keep a complete record of each pilot
appointed and licensed by the board that includes at a minimum, his
or her current mailing address, residence, the date of the initial
issuance and renewal of the license, the date of completion for
initial and any subsequent training, and a record of any reports of
meritorious activities, commendation, misconduct, safety violations,
or other incidents or information related or relevant to the issuance
and use of his or her pilot license.
(b) All pilots or inland pilots licensed by the board shall
provide the board with written notice of any change of name, mailing
address, or residence within 30 days of that change in a manner
prescribed by the board.
1157.1. (a) Except as provided in Section 1157.4, all records of
the board relating to the personal information of a pilot, an inland
pilot, a pilot trainee, or an applicant to the pilot trainee training
program are confidential and shall not be open to public inspection.
(b) For purposes of this section, "personal information" means
information, other than the name and mailing address, that identifies
an individual, including an individual's photograph, social security
number, address, telephone number, and medical or disability
information, but does not include other information related to
licensing such as incidents, rules or safety violations, misconduct,
training records, commendations, and license status.
1157.2. The board shall establish procedures for access to
confidential or restricted information from its records to protect
the confidentiality of its employees and licensees. If confidential
or restricted information is released to an agent of a person
authorized to obtain information, the person shall require the agent
to take all steps necessary to ensure confidentiality and prevent the
release of information to a third party. An agent shall not obtain
or use confidential or restricted records for any purpose other than
the reason the information was requested.
1157.3. A member of the board, the executive director, the
assistant director, or an employee of the board who willfully
discloses confidential information from the board record to a person
not authorized to receive it shall be liable for a civil penalty not
to exceed two thousand five hundred dollars ($2,500) for each
violation, which may be assessed and recovered in a civil action.
1157.4. Upon a request to the board by a federal, state, or local
law enforcement agency, the executive director shall make available
to the requesting agency any information contained in the board's
records.
1157.5. On or before April 15, 2010, and annually thereafter, the
board shall submit to the Secretary of the Senate, the Chief Clerk of
the Assembly, and the Secretary of Business, Transportation and
Housing a report describing the board's 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 board's jurisdiction.
(b) The name of each licensed pilot, inland 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, inland 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 where a finding of pilot
error had been made, the report shall also include a summary of that
incident.
1158. The public members, the executive director, the assistant
director, and employees of the board shall not engage in an
employment, activity, or enterprise that is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
state officer or employee or make, participate in making, or attempt
to use his or her official position to in any way influence a
governmental decision in which he or she knows or has reason to know
that he or she, or any member of his or her immediate family, has a
financial interest.
1158.1. The executive director shall not, during the term of his or
her office, serve as a member of the board, nor as a pilot or inland
pilot, nor be otherwise concurrently employed in the maritime
industry.
1159. (a) All moneys received by the board pursuant to the
provisions of any law shall be accounted for at the close of each
month to the Controller in the form that the Controller may prescribe
and, at the same time on the order of the Controller, all these
moneys shall be paid into the State Treasury to the credit of the
Board of Pilot Commissioners' Special Fund.
(b) Notwithstanding Section 13340 of the Government Code, the
moneys deposited in the State Treasury to the credit of the Board of
Pilot Commissioners' Special Fund are appropriated without regard to
fiscal years for the payment of the compensation and expenses of the
board and its officers and employees.
1159.1. The board shall impose a board operations surcharge, the
purpose of which is to fully compensate the board for its official
services, for the services of its staff, and for all its incidental
expenses. The amount of the surcharge shall not exceed 7 1/2 percent
of all pilotage fees charged by pilots and inland pilots, unless the
board establishes, with the approval of the Department of Finance, a
lesser percentage. The board shall quarterly review its ongoing and
anticipated expenses and adjust the surcharge to reflect any changes
which have occurred since the last adjustment.
1159.1. (a) The vessel shall pay a board operations surcharge, the
purpose of which is to fully compensate the board and the Business,
Transportation and Housing Agency for the official services, staff
services, and incidental expenses of the board and agency. The amount
of the surcharge shall be 7.5 percent of all pilotage fees charged
by pilots and inland pilots, pursuant to Sections 1190 and 1191
unless the board establishes, with the approval of the Department of
Finance, a lesser percentage, not to exceed any percentage consistent
with subdivision (d).
(b) The surcharge shall be billed and collected by the pilots and
inland pilots. The pilots and inland pilots shall pay all surcharges
collected by them to the board monthly or at such later time as the
board may direct.
(c) The board shall quarterly review its ongoing and anticipated
expenses and adjust the surcharge to reflect any changes which have
occurred since the last adjustment.
(d) The board operations surcharge shall not represent a
percentage significantly more than that required to support the board
and any costs of the Business, Transportation and Housing Agency
related to the administration of the board pursuant to subdivision
(a) in addition to the maintenance of a reasonable reserve.
1159.5. The Business, Transportation and Housing Agency shall
provide comments and recommendations, if any, to the board and the
Legislature based on the final audits of the Bureau of State Audits
completed pursuant to Section 1159.4 no later than six months from
the date that the agency receives the final audit.
1150. (a) There is in the Business, Transportation and Housing
Agency a Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun, consisting of seven members appointed by the
Governor, with the consent of the Senate, as follows:
(1) Two members shall be pilots licensed pursuant to this
division.
(2) Two members shall represent the industry and shall be persons
currently engaged as owners, officers, directors, employees, or
representatives of a firm or association of firms that is a
substantial user of pilotage service in the Bay of San Francisco, San
Pablo, Suisun, or Monterey, one of whom shall be engaged in the
field of tanker company operations, and one of whom shall be engaged
in dry cargo operations. The board of directors of a regional
maritime trade association controlled by West Coast vessel operators
that specifically represents the owners and operators of vessels or
barges engaged in transportation by water of cargo or passengers from
or to the Pacific area of the United States shall nominate, rank,
and submit to the Governor the names of three persons for each
category of industry member to be appointed.
(3) Three members shall be public members. Any person may serve as
a public member unless otherwise prohibited by law, except that
during his or her term of office or within the two years preceding
his or her appointment, no public member appointed may have (A) any
financial or proprietary interest in the ownership, operation, or
management of tugs, cargo, or passenger vessels, (B) sailed under the
authority of a federal or state pilot license in waters under the
jurisdiction of the board, (C) been employed by a company that is a
substantial user of pilot services, or (D) been a consultant or other
person providing professional services who had received more than 20
percent in the aggregate of his or her income from a company that is
a substantial user of pilot services or an association of companies
that are substantial users of pilot services. Ownership of less than
one-tenth of 1 percent of the stock of a publicly traded corporation
is not a financial or proprietary interest in the ownership of tugs,
cargo, or passenger vessels.
(4) Notwithstanding any other provision of law, this chapter does
not prohibit the Governor from notifying the nominating authority
identified in paragraph (2) that persons nominated are unacceptable
for appointment. Following that notification, the nominating
authority shall submit a new list of nominees to the Governor, naming
three persons, none of whom were previously nominated, from which
the Governor may make the appointment. This process shall be
continued until a person nominated by the nominating authority and
satisfactory to the Governor has been appointed.
(b) Members appointed pursuant to subdivision (a) shall be
appointed with staggered terms as follows:
(1) Each of the members appointed pursuant to paragraphs (1) and
(2) of subdivision (a) shall be appointed for a four-year term,
except that the first member appointed after December 31, 2012, to an
initial term pursuant to paragraph (1) of subdivision (a) shall be
appointed to a term expiring on December 31, 2014, and the first
member appointed after December 31, 2012, to an initial term pursuant
to paragraph (2) of subdivision (a) shall be appointed to a term
expiring on December 31, 2014.
(2) Members appointed pursuant to paragraph (3) of subdivision (a)
shall be appointed with staggered four-year terms with the initial
four-year terms expiring on December 31 of the years 1988, 1990, and
1991, respectively.
(3) A person may not be appointed for more than two terms.
(4) Vacancies on the board for both expired and unexpired terms
shall be filled by the appointing power in the manner prescribed by
subdivision (a).
(c) A quorum of the board members consists of four members. All
actions of the board shall require the vote of four members, a quorum
being present.
(d) The Secretary of the Business, Transportation and Housing
Agency shall serve as an ex officio member of the board who, without
vote, may exercise all other privileges of a member of the board.
1151. Each member of the board shall be a citizen of the United
States and a resident of California. Each member appointed pursuant
to paragraphs (1) and (3) of subdivision (a) of Section 1150 shall be
a resident of one of the following counties: San Francisco, Alameda,
Contra Costa, Marin, Mendocino, Monterey, Sacramento, San Mateo,
Santa Clara, Santa Cruz, Solano, San Joaquin, Napa, Sonoma, or Yolo.
The member shall hold office during the pleasure of the power
appointing the member, not to exceed four years from the date of the
member's commission.
1152. (a) The public members of the board shall receive, as
compensation for their services, the amount that the board may, from
time to time, determine, which shall not exceed six hundred dollars
($600) each per month.
(b) The appointed members and employees of the board shall also be
allowed necessary traveling and other verified expenses incurred by
them in the performance of their duties.
1153. (a) The board shall organize itself by electing a president,
and shall provide offices in San Francisco or Alameda County, in
which it shall meet once a month, and it may adjourn its regular
meetings from time to time.
(b) Meetings of the board are 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).
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.
(b) The board's 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 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
1155. The president of the board may administer oaths in regard to
any matter properly before it and he or she may issue subpoenas for
witnesses in like cases. A witness disobeying the subpoena served on
him or her shall incur a penalty of five hundred dollars ($500), for
which judgment may be recovered by the board in a civil action. This
section shall not apply to proceedings conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
1156. (a) The board may appoint, fix the compensation of, and from
time to time 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, 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 Governor shall appoint one assistant director to serve at
the pleasure of the Governor. 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 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 (commencing with Section
18000) 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 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 board's
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.
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, or his
or her 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.
1156.6. (a) Whenever suspected safety standard violations
concerning pilot hoists, pilot ladders, or the proper rigging of
pilot hoists or pilot ladders are reported to the board, the
executive director shall assign a commission investigator to
personally inspect the equipment for its compliance with the relevant
safety standards promulgated by the United States Coast Guard and
the International Maritime Organization. The commission investigator
shall report preliminary conclusions, including an assessment of the
equipment's compliance with the relevant safety standards, to the
executive director as soon as possible. If, in the preliminary
report, the equipment is found to be in violation, or in likely
violation in the opinion of the commission investigator, of the
relevant safety standards, the executive director shall immediately
alert the cognizant United States Coast Guard office. The commission
investigator shall submit a written report to the incident review
committee as established by subdivision (a) of Section 1180.3 that
shall remain confidential until reported to the board. The incident
review committee, in turn, shall report its findings and
recommendations, if any, to the board. The board shall receive the
incident review committee's findings, which may include other
reports, information, or statements from interested parties. The
board shall specify, by regulation, the information that shall be
contained in the report.
(b) This section applies to the pilotage grounds, as defined in
Section 1114.5. Whenever a vessel passes outside of the pilotage
grounds, the commission investigator's report shall include that fact
along with a description of the incident.
(c) The record of the investigation and the board's findings and
recommendations, if any, shall be a public record maintained by the
board.
1157. The board shall keep a written record of all the board's
proceedings and acts.
(a) The board shall also keep a complete record of each pilot
appointed and licensed by the board that includes at a minimum, his
or her current mailing address, residence, the date of the initial
issuance and renewal of the license, the date of completion for
initial and any subsequent training, and a record of any reports of
meritorious activities, commendation, misconduct, safety violations,
or other incidents or information related or relevant to the issuance
and use of his or her pilot license.
(b) All pilots or inland pilots licensed by the board shall
provide the board with written notice of any change of name, mailing
address, or residence within 30 days of that change in a manner
prescribed by the board.
1157.1. (a) Except as provided in Section 1157.4, all records of
the board relating to the personal information of a pilot, an inland
pilot, a pilot trainee, or an applicant to the pilot trainee training
program are confidential and shall not be open to public inspection.
(b) For purposes of this section, "personal information" means
information, other than the name and mailing address, that identifies
an individual, including an individual's photograph, social security
number, address, telephone number, and medical or disability
information, but does not include other information related to
licensing such as incidents, rules or safety violations, misconduct,
training records, commendations, and license status.
1157.2. The board shall establish procedures for access to
confidential or restricted information from its records to protect
the confidentiality of its employees and licensees. If confidential
or restricted information is released to an agent of a person
authorized to obtain information, the person shall require the agent
to take all steps necessary to ensure confidentiality and prevent the
release of information to a third party. An agent shall not obtain
or use confidential or restricted records for any purpose other than
the reason the information was requested.
1157.3. A member of the board, the executive director, the
assistant director, or an employee of the board who willfully
discloses confidential information from the board record to a person
not authorized to receive it shall be liable for a civil penalty not
to exceed two thousand five hundred dollars ($2,500) for each
violation, which may be assessed and recovered in a civil action.
1157.4. Upon a request to the board by a federal, state, or local
law enforcement agency, the executive director shall make available
to the requesting agency any information contained in the board's
records.
1157.5. On or before April 15, 2010, and annually thereafter, the
board shall submit to the Secretary of the Senate, the Chief Clerk of
the Assembly, and the Secretary of Business, Transportation and
Housing a report describing the board's 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 board's jurisdiction.
(b) The name of each licensed pilot, inland 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, inland 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 where a finding of pilot
error had been made, the report shall also include a summary of that
incident.
1158. The public members, the executive director, the assistant
director, and employees of the board shall not engage in an
employment, activity, or enterprise that is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
state officer or employee or make, participate in making, or attempt
to use his or her official position to in any way influence a
governmental decision in which he or she knows or has reason to know
that he or she, or any member of his or her immediate family, has a
financial interest.
1158.1. The executive director shall not, during the term of his or
her office, serve as a member of the board, nor as a pilot or inland
pilot, nor be otherwise concurrently employed in the maritime
industry.
1159. (a) All moneys received by the board pursuant to the
provisions of any law shall be accounted for at the close of each
month to the Controller in the form that the Controller may prescribe
and, at the same time on the order of the Controller, all these
moneys shall be paid into the State Treasury to the credit of the
Board of Pilot Commissioners' Special Fund.
(b) Notwithstanding Section 13340 of the Government Code, the
moneys deposited in the State Treasury to the credit of the Board of
Pilot Commissioners' Special Fund are appropriated without regard to
fiscal years for the payment of the compensation and expenses of the
board and its officers and employees.
1159.1. The board shall impose a board operations surcharge, the
purpose of which is to fully compensate the board for its official
services, for the services of its staff, and for all its incidental
expenses. The amount of the surcharge shall not exceed 7 1/2 percent
of all pilotage fees charged by pilots and inland pilots, unless the
board establishes, with the approval of the Department of Finance, a
lesser percentage. The board shall quarterly review its ongoing and
anticipated expenses and adjust the surcharge to reflect any changes
which have occurred since the last adjustment.
1159.1. (a) The vessel shall pay a board operations surcharge, the
purpose of which is to fully compensate the board and the Business,
Transportation and Housing Agency for the official services, staff
services, and incidental expenses of the board and agency. The amount
of the surcharge shall be 7.5 percent of all pilotage fees charged
by pilots and inland pilots, pursuant to Sections 1190 and 1191
unless the board establishes, with the approval of the Department of
Finance, a lesser percentage, not to exceed any percentage consistent
with subdivision (d).
(b) The surcharge shall be billed and collected by the pilots and
inland pilots. The pilots and inland pilots shall pay all surcharges
collected by them to the board monthly or at such later time as the
board may direct.
(c) The board shall quarterly review its ongoing and anticipated
expenses and adjust the surcharge to reflect any changes which have
occurred since the last adjustment.
(d) The board operations surcharge shall not represent a
percentage significantly more than that required to support the board
and any costs of the Business, Transportation and Housing Agency
related to the administration of the board pursuant to subdivision
(a) in addition to the maintenance of a reasonable reserve.
1159.5. The Business, Transportation and Housing Agency shall
provide comments and recommendations, if any, to the board and the
Legislature based on the final audits of the Bureau of State Audits
completed pursuant to Section 1159.4 no later than six months from
the date that the agency receives the final audit.
1150. (a) There is in the Business, Transportation and Housing
Agency a Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun, consisting of seven members appointed by the
Governor, with the consent of the Senate, as follows:
(1) Two members shall be pilots licensed pursuant to this
division.
(2) Two members shall represent the industry and shall be persons
currently engaged as owners, officers, directors, employees, or
representatives of a firm or association of firms that is a
substantial user of pilotage service in the Bay of San Francisco, San
Pablo, Suisun, or Monterey, one of whom shall be engaged in the
field of tanker company operations, and one of whom shall be engaged
in dry cargo operations. The board of directors of a regional
maritime trade association controlled by West Coast vessel operators
that specifically represents the owners and operators of vessels or
barges engaged in transportation by water of cargo or passengers from
or to the Pacific area of the United States shall nominate, rank,
and submit to the Governor the names of three persons for each
category of industry member to be appointed.
(3) Three members shall be public members. Any person may serve as
a public member unless otherwise prohibited by law, except that
during his or her term of office or within the two years preceding
his or her appointment, no public member appointed may have (A) any
financial or proprietary interest in the ownership, operation, or
management of tugs, cargo, or passenger vessels, (B) sailed under the
authority of a federal or state pilot license in waters under the
jurisdiction of the board, (C) been employed by a company that is a
substantial user of pilot services, or (D) been a consultant or other
person providing professional services who had received more than 20
percent in the aggregate of his or her income from a company that is
a substantial user of pilot services or an association of companies
that are substantial users of pilot services. Ownership of less than
one-tenth of 1 percent of the stock of a publicly traded corporation
is not a financial or proprietary interest in the ownership of tugs,
cargo, or passenger vessels.
(4) Notwithstanding any other provision of law, this chapter does
not prohibit the Governor from notifying the nominating authority
identified in paragraph (2) that persons nominated are unacceptable
for appointment. Following that notification, the nominating
authority shall submit a new list of nominees to the Governor, naming
three persons, none of whom were previously nominated, from which
the Governor may make the appointment. This process shall be
continued until a person nominated by the nominating authority and
satisfactory to the Governor has been appointed.
(b) Members appointed pursuant to subdivision (a) shall be
appointed with staggered terms as follows:
(1) Each of the members appointed pursuant to paragraphs (1) and
(2) of subdivision (a) shall be appointed for a four-year term,
except that the first member appointed after December 31, 2012, to an
initial term pursuant to paragraph (1) of subdivision (a) shall be
appointed to a term expiring on December 31, 2014, and the first
member appointed after December 31, 2012, to an initial term pursuant
to paragraph (2) of subdivision (a) shall be appointed to a term
expiring on December 31, 2014.
(2) Members appointed pursuant to paragraph (3) of subdivision (a)
shall be appointed with staggered four-year terms with the initial
four-year terms expiring on December 31 of the years 1988, 1990, and
1991, respectively.
(3) A person may not be appointed for more than two terms.
(4) Vacancies on the board for both expired and unexpired terms
shall be filled by the appointing power in the manner prescribed by
subdivision (a).
(c) A quorum of the board members consists of four members. All
actions of the board shall require the vote of four members, a quorum
being present.
(d) The Secretary of the Business, Transportation and Housing
Agency shall serve as an ex officio member of the board who, without
vote, may exercise all other privileges of a member of the board.
1151. Each member of the board shall be a citizen of the United
States and a resident of California. Each member appointed pursuant
to paragraphs (1) and (3) of subdivision (a) of Section 1150 shall be
a resident of one of the following counties: San Francisco, Alameda,
Contra Costa, Marin, Mendocino, Monterey, Sacramento, San Mateo,
Santa Clara, Santa Cruz, Solano, San Joaquin, Napa, Sonoma, or Yolo.
The member shall hold office during the pleasure of the power
appointing the member, not to exceed four years from the date of the
member's commission.
1152. (a) The public members of the board shall receive, as
compensation for their services, the amount that the board may, from
time to time, determine, which shall not exceed six hundred dollars
($600) each per month.
(b) The appointed members and employees of the board shall also be
allowed necessary traveling and other verified expenses incurred by
them in the performance of their duties.
1153. (a) The board shall organize itself by electing a president,
and shall provide offices in San Francisco or Alameda County, in
which it shall meet once a month, and it may adjourn its regular
meetings from time to time.
(b) Meetings of the board are 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).
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.
(b) The board's 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 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
1155. The president of the board may administer oaths in regard to
any matter properly before it and he or she may issue subpoenas for
witnesses in like cases. A witness disobeying the subpoena served on
him or her shall incur a penalty of five hundred dollars ($500), for
which judgment may be recovered by the board in a civil action. This
section shall not apply to proceedings conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
1156. (a) The board may appoint, fix the compensation of, and from
time to time 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, 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 Governor shall appoint one assistant director to serve at
the pleasure of the Governor. 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 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 (commencing with Section
18000) 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 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 board's
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.
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, or his
or her 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.
1156.6. (a) Whenever suspected safety standard violations
concerning pilot hoists, pilot ladders, or the proper rigging of
pilot hoists or pilot ladders are reported to the board, the
executive director shall assign a commission investigator to
personally inspect the equipment for its compliance with the relevant
safety standards promulgated by the United States Coast Guard and
the International Maritime Organization. The commission investigator
shall report preliminary conclusions, including an assessment of the
equipment's compliance with the relevant safety standards, to the
executive director as soon as possible. If, in the preliminary
report, the equipment is found to be in violation, or in likely
violation in the opinion of the commission investigator, of the
relevant safety standards, the executive director shall immediately
alert the cognizant United States Coast Guard office. The commission
investigator shall submit a written report to the incident review
committee as established by subdivision (a) of Section 1180.3 that
shall remain confidential until reported to the board. The incident
review committee, in turn, shall report its findings and
recommendations, if any, to the board. The board shall receive the
incident review committee's findings, which may include other
reports, information, or statements from interested parties. The
board shall specify, by regulation, the information that shall be
contained in the report.
(b) This section applies to the pilotage grounds, as defined in
Section 1114.5. Whenever a vessel passes outside of the pilotage
grounds, the commission investigator's report shall include that fact
along with a description of the incident.
(c) The record of the investigation and the board's findings and
recommendations, if any, shall be a public record maintained by the
board.
1157. The board shall keep a written record of all the board's
proceedings and acts.
(a) The board shall also keep a complete record of each pilot
appointed and licensed by the board that includes at a minimum, his
or her current mailing address, residence, the date of the initial
issuance and renewal of the license, the date of completion for
initial and any subsequent training, and a record of any reports of
meritorious activities, commendation, misconduct, safety violations,
or other incidents or information related or relevant to the issuance
and use of his or her pilot license.
(b) All pilots or inland pilots licensed by the board shall
provide the board with written notice of any change of name, mailing
address, or residence within 30 days of that change in a manner
prescribed by the board.
1157.1. (a) Except as provided in Section 1157.4, all records of
the board relating to the personal information of a pilot, an inland
pilot, a pilot trainee, or an applicant to the pilot trainee training
program are confidential and shall not be open to public inspection.
(b) For purposes of this section, "personal information" means
information, other than the name and mailing address, that identifies
an individual, including an individual's photograph, social security
number, address, telephone number, and medical or disability
information, but does not include other information related to
licensing such as incidents, rules or safety violations, misconduct,
training records, commendations, and license status.
1157.2. The board shall establish procedures for access to
confidential or restricted information from its records to protect
the confidentiality of its employees and licensees. If confidential
or restricted information is released to an agent of a person
authorized to obtain information, the person shall require the agent
to take all steps necessary to ensure confidentiality and prevent the
release of information to a third party. An agent shall not obtain
or use confidential or restricted records for any purpose other than
the reason the information was requested.
1157.3. A member of the board, the executive director, the
assistant director, or an employee of the board who willfully
discloses confidential information from the board record to a person
not authorized to receive it shall be liable for a civil penalty not
to exceed two thousand five hundred dollars ($2,500) for each
violation, which may be assessed and recovered in a civil action.
1157.4. Upon a request to the board by a federal, state, or local
law enforcement agency, the executive director shall make available
to the requesting agency any information contained in the board's
records.
1157.5. On or before April 15, 2010, and annually thereafter, the
board shall submit to the Secretary of the Senate, the Chief Clerk of
the Assembly, and the Secretary of Business, Transportation and
Housing a report describing the board's 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 board's jurisdiction.
(b) The name of each licensed pilot, inland 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, inland 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 where a finding of pilot
error had been made, the report shall also include a summary of that
incident.
1158. The public members, the executive director, the assistant
director, and employees of the board shall not engage in an
employment, activity, or enterprise that is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
state officer or employee or make, participate in making, or attempt
to use his or her official position to in any way influence a
governmental decision in which he or she knows or has reason to know
that he or she, or any member of his or her immediate family, has a
financial interest.
1158.1. The executive director shall not, during the term of his or
her office, serve as a member of the board, nor as a pilot or inland
pilot, nor be otherwise concurrently employed in the maritime
industry.
1159. (a) All moneys received by the board pursuant to the
provisions of any law shall be accounted for at the close of each
month to the Controller in the form that the Controller may prescribe
and, at the same time on the order of the Controller, all these
moneys shall be paid into the State Treasury to the credit of the
Board of Pilot Commissioners' Special Fund.
(b) Notwithstanding Section 13340 of the Government Code, the
moneys deposited in the State Treasury to the credit of the Board of
Pilot Commissioners' Special Fund are appropriated without regard to
fiscal years for the payment of the compensation and expenses of the
board and its officers and employees.
1159.1. The board shall impose a board operations surcharge, the
purpose of which is to fully compensate the board for its official
services, for the services of its staff, and for all its incidental
expenses. The amount of the surcharge shall not exceed 7 1/2 percent
of all pilotage fees charged by pilots and inland pilots, unless the
board establishes, with the approval of the Department of Finance, a
lesser percentage. The board shall quarterly review its ongoing and
anticipated expenses and adjust the surcharge to reflect any changes
which have occurred since the last adjustment.
1159.1. (a) The vessel shall pay a board operations surcharge, the
purpose of which is to fully compensate the board and the Business,
Transportation and Housing Agency for the official services, staff
services, and incidental expenses of the board and agency. The amount
of the surcharge shall be 7.5 percent of all pilotage fees charged
by pilots and inland pilots, pursuant to Sections 1190 and 1191
unless the board establishes, with the approval of the Department of
Finance, a lesser percentage, not to exceed any percentage consistent
with subdivision (d).
(b) The surcharge shall be billed and collected by the pilots and
inland pilots. The pilots and inland pilots shall pay all surcharges
collected by them to the board monthly or at such later time as the
board may direct.
(c) The board shall quarterly review its ongoing and anticipated
expenses and adjust the surcharge to reflect any changes which have
occurred since the last adjustment.
(d) The board operations surcharge shall not represent a
percentage significantly more than that required to support the board
and any costs of the Business, Transportation and Housing Agency
related to the administration of the board pursuant to subdivision
(a) in addition to the maintenance of a reasonable reserve.
1159.5. The Business, Transportation and Housing Agency shall
provide comments and recommendations, if any, to the board and the
Legislature based on the final audits of the Bureau of State Audits
completed pursuant to Section 1159.4 no later than six months from
the date that the agency receives the final audit.
