Chapter 2Board of Pilot Commissioners
Section § 1150
This law section establishes a Board of Pilot Commissioners within the Transportation Agency to oversee pilotage services for the Bays of San Francisco, San Pablo, and Suisun. The Board has seven members appointed by the Governor with Senate approval: two licensed pilots, two industry representatives, and three public members with no significant ties to pilot services or related businesses. The Governor can refuse nominees suggested by a maritime trade association and request new ones. Board members serve staggered four-year terms and cannot serve more than two terms. A quorum requires four members, and all decisions need their votes. The Secretary of Transportation is a non-voting member with other member privileges.
Section § 1151
Section § 1152
This section outlines the compensation and expense reimbursement for members of a specific board. Public members of the board can be paid up to $600 each month for their services, but this amount can change as decided by the board.
Additionally, board members and employees will be reimbursed for necessary travel and any other verified expenses they incur while performing their duties.
Section § 1153
This section states that the board must elect a president and have offices in San Francisco or Alameda County. The board is required to meet monthly but can arrange additional meetings as needed.
Additionally, their meetings must follow the transparency rules set out in the Bagley-Keene Open Meeting Act, which ensures their processes are open to the public.
Section § 1154
This law states that a certain board has the main responsibility for managing the duties related to this part of the law, except those duties given to the Secretary of Business, Transportation and Housing. The board can create and enforce rules needed to carry out the law's objectives, following specific government procedures for adopting those rules.
Section § 1155
The head of the board can swear in people during official matters and can also require people to testify by using subpoenas. If someone ignores a subpoena, they might have to pay a $500 fine, and the board can sue them to get this money. However, this rule does not apply to certain government proceedings outlined elsewhere.
Section § 1156
This section outlines the roles and responsibilities of the board and its executive director. The board can hire an executive director and other necessary employees. The executive director, exempt from civil service laws, manages board operations including personnel administration, financial matters as the board's treasurer, licensing, and dealing with license-related actions. They also handle investigations, cooperate with environmental and shipping industries, and suggest improvements to pilot training. The Secretary of Business, Transportation and Housing appoints an assistant director to work under the executive director. The board can hire and compensate employees and commission investigators as needed, per civil service laws, except for the executive and assistant directors, who are exempt. Investigators must meet established standards and have knowledge of investigations and maritime issues.
Section § 1156.5
The executive director works for the board and can be removed by them at any time. They have a five-year term.
If the executive director is absent, disabled, or there's a vacancy, the Secretary of Business, Transportation and Housing or someone they choose will step in to temporarily fill the role.
Section § 1156.6
When there are reports of potential safety violations involving pilot hoists or ladders, the board's executive director must look into it. They can inspect the equipment personally or have an investigator do it, checking for compliance with US Coast Guard and International Maritime rules. If a violation is suspected, the Coast Guard office must be notified immediately. The findings and recommendations will be reported to the board, which will include necessary information under regulations.
This law specifically applies to designated pilotage areas. If an incident happens outside these areas, it needs to be mentioned in the report. All investigation records and board findings must be kept as public records.
Section § 1156.7
This law says that if the executive director of the board informs the United States Coast Guard about a possible safety rule violation on a vessel, and thinks the issue won't be fixed before the vessel reaches its next stop, they should ask the Coast Guard to notify the relevant authorities at an upcoming port. Also, anyone else can share the executive director's findings publicly, as these reports are considered public records.
Section § 1157
This law requires the board to maintain a written record of all its proceedings, including details of each pilot it licenses. The record for each pilot must include their current contact information, license issuance and renewal dates, training completion dates, and any reports related to their professional conduct or incidents involving their license.
Pilots must inform the board in writing about any changes to their name, mailing address, or residence within 30 days.
Section § 1157.1
This law section ensures that personal information of pilots, pilot trainees, or applicants to the pilot trainee program is confidential and not available for public inspection, with some exceptions noted elsewhere. It specifies that 'personal information' includes items like photographs, social security numbers, and medical details, but not information related to licensing incidents or training records.
Section § 1157.2
This law requires a board to create rules on how confidential information can be accessed to protect the privacy of employees and licensees. If someone authorized gets this information through an agent, they must make sure the agent keeps it confidential and doesn't share it with anyone else. Also, the agent can only use this information for the purpose it was requested.
Section § 1157.3
If someone on the board, like a board member, executive director, assistant director, or employee, deliberately shares confidential information with someone who shouldn't have it, they can be fined up to $2,500 for each time they break this rule. This fine can be enforced and collected through a civil lawsuit.
Section § 1157.4
If a federal, state, or local law enforcement agency asks for information, the executive director of the board must provide access to any details in the board’s records.
Section § 1157.5
This law requires the board to submit an annual report by April 15th to certain government officials. The report must detail the previous year's activities, including the number of vessel movements in their jurisdiction.
It also needs to list all licensed pilots and trainees, noting any changes in their work status, like if they're on duty, in training, on leave, or have a suspended license.
Additionally, the report should summarize incidents of misconduct or navigational errors by pilots, outlining outcomes and any actions taken, particularly highlighting repeat offenders and past errors.
Section § 1157.6
This law section mandates that after the first new pilotage tariff is set, a committee must be formed to evaluate the new rate-setting process. The committee will collect feedback from stakeholders and create a report for the board's review. Once the board approves this report, it will be sent to the Legislature, the Governor, and the Secretary of Transportation. This report must be finalized by December 31, 2027. The provisions of this section will expire on January 1, 2032.
Section § 1158
This law states that public members, the executive director, assistant director, and employees of a board must avoid activities that conflict with their official state duties. They cannot use their positions to influence government decisions if they or their family could benefit financially. It aims to prevent conflicts of interest and ensure impartiality in government roles.
Section § 1158.1
The executive director can't work as a board member, a pilot, or in any other job within the maritime industry while holding office.
Section § 1159
This law section explains how the Board of Pilot Commissioners manages its funds. Each month, any money collected by the board is reported and then sent to the State Treasury, where it is credited to a special fund for the board. Additionally, this fund can be used at any time, regardless of the fiscal year, to cover the board's costs, including salaries and expenses for its members and staff.
Section § 1159.1
This law establishes the Pilot Boat Surcharge Account within the Board of Pilot Commissioners' Special Fund. The money in this account is automatically set aside each year to cover specific expenses without needing yearly approval. It's used to pay for new pilot boats and to make design improvements on existing boats to extend their life, but not for regular maintenance costs.
Up to 5% of the funds can be used for the board's administrative costs, like managing the pilot boat program and conducting audits. Any interest earned from the money in the account goes back into the account, helping to cover pilots’ related claims.
Section § 1159.2
This law says that vessels must pay a surcharge of 7.5% on pilotage fees to cover the costs of services provided by the board and the Transportation Agency. This percentage can be adjusted with approval from the Department of Finance. Pilots are responsible for billing, collecting, and paying these surcharges monthly to the board.
The board reviews expenses every quarter and can adjust the surcharge as needed. The surcharge amount should only be as high as necessary to cover these costs, including a reasonable reserve.