reglab/statecodes huggingface dataset:
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1190.1.

1190.1. Every vessel that uses a pilot under this division while navigating the waters of Monterey Bay shall pay the rate provided by Section 1190.
(Amended by Stats. 2022, Ch. 769, Sec. 6. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1190.3.

1190.3. (a) There shall be an additional surcharge imposed per each movement of a vessel using pilot services as is necessary and authorized by the board to recover the costs of the pilot associated with a catastrophic event. The surcharge authorized by this subdivision shall be identified as a catastrophic event surcharge on the invoice of the pilot and separately accounted for in the accounting pursuant to Section 1136.
(b) Subdivision (a) only applies if the board identifies that the costs recorded in a catastrophic event memorandum account are attributable to a specifically identifiable catastrophic event. Catastrophic events include, but are not limited to, fire, earthquake, terrorism, act of war, or epidemic, if the event has been declared an emergency or a disaster by a local, state, or federal governmental authority.
(Amended by Stats. 2022, Ch. 769, Sec. 8. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1191.

1191. (a) The Legislature finds and declares that, consistent with the board’s adoption of rate recommendations in May 2002, the Legislature, by statute, adopted a schedule of pilotage rates pursuant to subdivision (c) providing fair and reasonable return to pilots engaged in ship movements or special operations for those movements or operations that 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 pursuant to this section.
(c) Consistent with the board’s adoption of rate recommendations in May 2002, the minimum rates imposed pursuant to this section that are in effect on December 31, 2002, shall be increased by 26 percent on January 1, 2003; those 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.
(d) Except as specified in Section 1191.1, the rates imposed pursuant to subdivision (c) that are in effect on December 31, 2022, shall be increased by 15 percent on January 1, 2023.
(Amended by Stats. 2022, Ch. 769, Sec. 10. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1191.1.

1191.1. (a) A vessel using pilots for ship movements or special operations that do not constitute bar pilotage shall pay the pilotage rates established in this section.
(b) (1) (A) The minimum charge for each bay move shall be two thousand three hundred dollars ($2,300).
(B) On and after January 1, 2024, the minimum charge for each bay move shall be two thousand five hundred dollars ($2,500).
(2) (A) The minimum charge for each river move shall be four thousand five hundred dollars ($4,500).
(B) On and after January 1, 2024, the minimum charge for each river move shall be five thousand dollars ($5,000).
(c) On and after January 1, 2023, the rate for standby time, delay en route, and pilot on board in excess of eight hours shall be four hundred ten dollars ($410) per hour.
(d) On and after January 1, 2023, the rate for cancellation of service after a pilot reports shall be two thousand dollars ($2,000).
(e) On and after January 1, 2023, the rate for cancellation of service with less than four hours notice shall be one thousand dollars ($1,000).
(f) On and after January 1, 2023, the rate for a pilot carried away per day shall be five thousand dollars ($5,000) plus expenses incurred in returning.
(Added by Stats. 2022, Ch. 769, Sec. 11. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1192.

1192. If a vessel that is subject to the payment of pilotage enters any port of Monterey Bay and the Bays of San Francisco, San Pablo, or Suisun solely by reason of being in distress or requiring care, it shall pay one-half the full pilotage rates.
(Amended by Stats. 2001, Ch. 177, Sec. 22. Effective January 1, 2002.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1193.

1193. (a) Notwithstanding Section 1120, only the following noncommercial vessels that use pilotage services are exempt from the pilotage fees and surcharges established pursuant to this division, except for the board operations surcharge as established and calculated pursuant to Section 1159.1:
(1) Maritime academy training vessels, whether foreign or domestic.
(2) Vessels owned and operated by a nonprofit museum or foundation.
(b) The vessels specified in subdivision (a) are subject to Section 1198.
(Added by Stats. 2010, Ch. 455, Sec. 4. (AB 1888) Effective January 1, 2011.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1194.1.

1194.1. (a) The moneys charged and collected each month from the pilot boat surcharge pursuant to Section 1194 shall be paid to the Board of Pilot Commissioners’ Special Fund established pursuant to Section 1159 and credited to the Pilot Boat Surcharge Account established pursuant to Section 1159.1. The moneys shall be used only to fund the pilot boat 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, as specified in subdivision (a) of Section 1194, and to cover the administrative costs of the board with respect to administration of the Pilot Boat Surcharge Account, including any audits of the usage of the Pilot Boat Surcharge Account.
(b) Information regarding moneys remitted to the Board of Pilot Commissioners’ Special Fund collected from the surcharge authorized pursuant to Section 1194, or otherwise collected by the board for that purpose, shall be made available to the public upon request and to the board or its finance committee.
(c) Funds authorized to recover pilot boat maintenance costs pursuant to Section 1190.5 are not subject to this section.
(Added by Stats. 2022, Ch. 769, Sec. 13. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1195.

1195. (a) In addition to other fees for pilotage, there shall be a surcharge in an amount established by the board for each movement of a vessel using pilot services for each pilot trainee who is enrolled in the pilot trainee training program established by the board.
(b) The moneys charged and collected each month from the pilot trainee surcharge shall be paid to the board. The moneys shall be used only to fund the pilot trainee training program in the manner established by the board.
(c) By action of the board, the board may adjust the amount established pursuant to subdivision (a) as necessary to efficiently administer the pilot trainee training program.
(Amended by Stats. 1990, Ch. 468, Sec. 7. Effective August 8, 1990.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1195.1.

1195.1. (a) The moneys charged and collected each month from the pilot trainee surcharge pursuant to Section 1195 shall be paid to the Board of Pilot Commissioners’ Special Fund pursuant to Section 1159. The moneys shall be used only to fund the pilot trainee training program referred to in subdivision (h) of Section 1171.5 and Section 1195.3.
(b) Information regarding moneys remitted to the Board of Pilot Commissioners’ Special Fund pursuant to Section 1159 collected from the surcharge authorized pursuant to Section 1195, or otherwise collected by the board for that purpose, and information regarding moneys spent as pilot trainee training program expenses authorized by Section 1195.3 shall be made available to the public upon request and to the board or its finance committee.
(Added by Stats. 2008, Ch. 567, Sec. 27. Effective January 1, 2009.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1195.3.

1195.3. Expenses of the pilot trainee program shall include all costs incurred by the board in the operation and administration of the pilot trainee training program and all costs resulting from any contracts entered into for the purchase or lease of goods and services required by the board, including, but not limited to, the costs of testing, test preparation, advertising and soliciting for trainee applicants, trainee stipends, worker’s compensation insurance premiums, reimbursement of costs of services provided to the board by other governmental entities, and for the costs for any other goods and services necessary for effectuating the purposes of training as determined by the board.
(Added by Stats. 2008, Ch. 567, Sec. 28. Effective January 1, 2009.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1196.

1196. (a) In addition to other fees for pilotage, there shall be a surcharge in an amount established by the board for each movement of a vessel using pilot services for the pilot continuing education program established by the board.
(b) The moneys charged and collected each month from the pilot continuing education program surcharge shall be paid to the board. The moneys shall be used only to fund the pilot continuing education program in the manner established by the board.
(c) By action of the board, the board may adjust the amount established pursuant to subdivision (a) as necessary to efficiently administer the pilot continuing education program.
(Amended by Stats. 2011, Ch. 324, Sec. 25. (AB 1025) Effective January 1, 2012.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1196.1.

1196.1. (a) The moneys charged and collected each month from the pilot continuing education surcharge pursuant to Section 1196 shall be paid to the Board of Pilot Commissioners’ Special Fund pursuant to Section 1159. The moneys shall be used only to fund the pilot continuing education program referred to in subdivision (h) of Section 1171.5 and Section 1196.3.
(b) Information regarding moneys remitted to the Board of Pilot Commissioners’ Special Fund pursuant to Section 1159 collected from the surcharge authorized pursuant to Section 1196, or otherwise collected by the board for that purpose, and information regarding moneys spent as pilot continuing education expenses authorized by Section 1196.3 shall be made available to the public upon request and to the board or its finance committee.
(Amended by Stats. 2011, Ch. 324, Sec. 26. (AB 1025) Effective January 1, 2012.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1196.3.

1196.3. Pilot continuing education expenses shall include all costs incurred by the board in the operation and administration of the pilot continuing education program and all costs resulting from any contracts entered into for the purchase or lease of goods and services required by the board, including, but not limited to, the reimbursement of costs of services provided to the board by other governmental entities and for the costs for any other goods and services necessary for effectuating the purposes of continuing education as determined by the board.
(Amended by Stats. 2011, Ch. 324, Sec. 27. (AB 1025) Effective January 1, 2012.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1196.4.

1196.4. (a) Costs resulting from the provision of continuing education for currently licensed pilots regarding instruction in the proper utilization of portable pilot unit equipment and software, if determined to be necessary for effectuating the purposes of continuing education by the board, shall be considered pilot continuing education expenses pursuant to Section 1196.3.
(b) Subdivision (a) shall apply only to those costs incurred after January 1, 2013.
(Added by Stats. 2012, Ch. 794, Sec. 8. (SB 1408) Effective January 1, 2013.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1196.5.

1196.5. (a) The board shall contract with an independent entity to conduct a study of the effects of work and rest periods on psychological ability and safety for pilots. The study shall evaluate sleep- and human-related factors for pilots, and shall include information and recommendations on how to prevent pilot fatigue and ensure the safe operation of vessels.
(b) The board shall, based on the results of, and recommendations contained in, the study, promulgate regulations for pilots establishing requirements for adequate rest periods intended to prevent pilot fatigue.
(c) The study required to be conducted pursuant to subdivision (a) shall be funded by revenues received by the board from the board operation surcharge, as described in Section 1159.2. The board shall have authority, consistent with Section 1159.2, to collect and appropriate adequate funding to ensure that the study is completed.
(Added by Stats. 2012, Ch. 794, Sec. 9. (SB 1408) Effective January 1, 2013.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 5 - Pilotage Rates › Section 1199.

1199. (a) In addition to other charges for pilotage, there shall be temporary transit fees imposed as is necessary and authorized by this section.
(b) (1) The temporary transit fee for all vessels moved across the bar except for vessels calling at San Francisco Piers 27 and 35 shall be one thousand dollars ($1,000).
(2) On and after January 1, 2024, the temporary transit fee for all vessels moved across the bar shall be eight hundred fifty dollars ($850).
(c) (1) The temporary transit fee for all bay moves and all river moves shall be seven hundred dollars ($700).
(2) On and after January 1, 2024, the temporary transit fee for all bay moves and all river moves shall be eight hundred fifty dollars ($850).
(d) Only one temporary transit fee per invoice may be assessed.
(e) The Legislature finds and declares that the temporary transit fees imposed pursuant to this section are extraordinary, are not to be considered a precedential factor in any future ratesetting, and are established for the sole purpose of addressing the COVID-19 pandemic’s induced supply chain crisis and its related impacts on the pilotage system.
(f) This section shall remain operative only until the board publishes the first pilotage tariff under Chapter 6 (commencing with Section 1250), and as of the following January 1 is repealed.
(Added by Stats. 2022, Ch. 769, Sec. 14. (AB 2056) Effective September 29, 2022. Conditionally inoperative as prescribed by its own provisions. Repealed on January 1 following inoperative date.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 1 - Establishment of Pilotage Tariff › Section 1250.

1250. Pursuant to the requirements of this chapter, the board shall adopt, and cause to be published, a pilotage tariff that establishes fair, just, reasonable, and sufficient rates for the provision of a safe, competent, reliable, and efficient pilotage service.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 1 - Establishment of Pilotage Tariff › Section 1251.

1251. (a) The adopted pilotage tariff shall be determined by a formula whereby a revenue requirement is equal to the sum of pilot costs and expenses plus the product of target net income per pilot and the number of pilots.
(b) In determining target net income per pilot, all of the following factors shall be considered:
(1) The professional skills and experience required of a state-licensed pilot and the difficulty, risk, and lifestyle commitment of providing piloting services, as well as associated activities in support of the pilotage operation.
(2) Evidence of compensation for comparable maritime professions, including individuals in other state-regulated pilotage associations, at a minimum considering evidence of the compensation and benefits.
(3) Evidence of the economic and market conditions existing both locally and within the region of any pilotage association used for the purpose of comparison.
(4) Consumer price index and employment cost index.
(5) Individual amounts paid to pilots since the last rate order, or as directed.
(6) Any other factor deemed relevant to the determination of target net income per pilot.
(c) In determining the number of pilots, all of the following factors shall be considered:
(1) The number of licensed pilots determined by a hearing pursuant to Sections 1170.1 and 1170.2.
(2) The number of licensed pilots at the time of the rate hearing.
(3) Any projected changes in the number of licensed pilots.
(4) Any other factor deemed relevant to the determination of the number of pilots.
(d) In determining pilot costs and expenses, all of the following factors shall be considered:
(1) All costs of providing pilotage service.
(2) Any projected changes in the cost of providing pilotage service.
(3) The amount of activity, including number of vessels, size of vessels by gross registered tonnage, length, and draft.
(4) Any recent or projected changes in the amount of vessel activity.
(5) Producer price index and employment cost index.
(6) Total gross and net revenue since the last rate order, including sources of revenue by tariff category.
(7) Any other factor deemed relevant to the cost of the provision of pilotage service.
(e) For purposes of this section, the following definitions apply:
(1) “Number of pilots” means the number of pilots to be used in the formula to determine the revenue requirement.
(2) “Pilot costs and expenses” means all costs and expenses incurred by all pilots collectively in the provision of all pilotage services to be used in the formula to determine the revenue requirement.
(3) “Target net income per pilot” means an individual pilot’s income, including compensation and benefits, to be used in the formula to determine the revenue requirement.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 1 - Establishment of Pilotage Tariff › Section 1252.

1252. (a) The adopted pilotage tariff may include as part of the tariff for pilotage services the reasonable costs for the setting of tariff rates under this chapter of the Office of Administrative Hearings. Those moneys generated by the tariff for the purpose of allocation to the Office of Administrative Hearings pursuant to this section shall be paid into the Board of Pilot Commissioners’ Special Fund and are hereby continuously appropriated, notwithstanding Section 13340 of the Government Code and without regard to fiscal year, to the board to allocate to the Office of Administrative Hearings.
(b) The costs of the board in implementing this chapter shall only be funded from revenues generated by the board operations surcharge pursuant to Section 1159.2 and continuously appropriated from the Board of Pilot Commissioners’ Special Fund pursuant to Section 1159.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 1 - Establishment of Pilotage Tariff › Section 1253.

1253. A petition that is submitted on the basis of a notice of intent to petition filed less than 18 months after the effective date of a pilotage tariff adopted pursuant to Section 1278 is untimely. However, if a petition is filed as a joint petition of at least two of the parties to the previous pilotage tariff hearing process and no other new intervenors present themselves in opposition to the joint petition, the petition shall be timely regardless of the effective date of the previously adopted pilotage tariff.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 1 - Establishment of Pilotage Tariff › Section 1254.

1254. (a) The pilotage rates imposed pursuant to Chapter 5 (commencing with Section 1190) shall be subject to adjustment under this chapter.
(b) The pilotage rates imposed pursuant to Chapter 5 (commencing with Section 1190) shall remain in effect and be deemed pilotage tariffs set pursuant to this chapter until the rates are adjusted pursuant to this chapter.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 2 - General Provisions › Section 1255.

1255. (a) The administrative adjudication provisions of the Administrative Procedure Act contained in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code shall apply to an adjudicative proceeding required to be conducted under this chapter, unless the requirements of this chapter relating to the proceeding provide otherwise.
(b) If there is any inconsistency between the provisions of this chapter and Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the provisions of this chapter shall control.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 2 - General Provisions › Section 1256.

1256. For purposes of this chapter, the following definitions apply:
(a) “Executive director” means the executive director of the board.
(b) “Intervenor” means a person with a substantial interest or representing those with a substantial interest in the pilotage tariff other than the original petitioner that an administrative law judge permits to appear and participate as a party in the rate proceeding.
(c) “Party” means either of the following:
(1) A person participating in the rate proceeding as a petitioner or intervenor.
(2) A person participating in a prepetition process as a petitioner or stakeholder.
(d) “Person” means any individual, partnership, corporation, association, governmental agency, or public or private organization.
(e) “Petitioner” means a person with a substantial interest or representing those with a substantial interest in the pilotage tariff who has filed a petition or who intends to file a petition with the board for the publication of a pilotage tariff under this chapter.
(f) “Stakeholder” means any person with a substantial interest or representing those with a substantial interest in the pilotage tariff regardless of whether the person is participating as a petitioner or intervenor.
(g) “Substantial interest in the pilotage tariff” means any direct or indirect financial interest in the rates and tariffs charged for pilotage services.
(h) “Tariff” means the schedule of rates, fees, and charges applied to the provision of pilotage services as published by the board pursuant to this chapter.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 3 - Prepetition Procedures › Section 1260.

1260. (a) Any person intending to petition to request a change in pilotage rates shall file a notice of intent to petition with the board, with a copy served to interested stakeholders including any association of board-licensed pilots, any association representing the interests of vessel owners or operators, and any other person that participated in the most recent past rate proceedings as a party.
(b) The notice of intent to petition shall contain an explanation of the proposed change, including a description of each change of a rate or inclusion of a new cost item not previously included in the current pilotage tariff.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 3 - Prepetition Procedures › Section 1261.

1261. Upon receipt of a notice of intent to petition, the executive director shall do all of the following:
(a) Schedule an item for the next regular meeting of the board for the purposes of providing notice to the public and interested stakeholders and for the executive director to publish the notice of intent to petition into the record.
(b) Notify the director of the Office of Administrative Hearings of the notice of intent to petition and request the assignment of an administrative law judge pursuant to Section 11370.3 of the Government Code to the board for the purpose of administering a hearing on any subsequently filed petition.
(c) Notify the petitioner of any stakeholder who has communicated a request to participate in prepetition meetings to the executive director prior to the notice requirement deadline established pursuant to subdivision (a) of Section 1262.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 3 - Prepetition Procedures › Section 1262.

1262. (a) Within 20 days of publication of the notice of intent to petition at a duly noticed meeting of the board, the filing petitioner shall provide a notice of a proposed meeting schedule to all interested stakeholders for the purposes of holding a meeting or series of prepetition meetings for the purposes described in this section.
(b) Within 45 days of provision of service of a copy of the notice of intent to petition or the reading of the notice of intent to petition at a duly noticed meeting of the board, whichever is earlier, the filing petitioner shall hold at least one meeting with all interested stakeholders.
(c) All parties shall make a good faith effort to schedule as many meetings as reasonably necessary to achieve the purpose of the meetings during the notice of intent to petition period.
(d) The purpose of the meetings during the notice of intent to petition period shall be to clarify the issues presented in the notice of intent to petition, to explore means of narrowing and simplifying the issues as much as possible, and to consider areas of substantive agreement and substantive disagreement.
(e) All parties shall identify the potential for joint stipulations, joint petition, or partial stipulation on issues and joint petition during prepetition meetings.
(f) Interested parties may choose amongst themselves to arrange meetings at their own discretion and cost, including arrangements for mediators or alternative dispute resolution processes if desired.
(g) The prepetition meetings required pursuant to this section are not public meetings. Public notice of these meetings is not required other than as described in this section.
(h) Members of the board or staff of the board shall not attend any prepetition meetings held pursuant to this section.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1265.

1265. (a) Any person with a substantial interest in the pilotage tariff may file a petition with the board.
(b) A petitioner filing a petition with the board is a moving party and bears the burden of the preponderance of the evidence in the proceedings as described in this chapter.
(c) A counterpetitioner responding to a petition is a moving party and bears the burden of the preponderance of the evidence in the proceedings as described in this chapter.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1266.

1266. (a) Provided that the requirements of Sections 1260 and 1262 have been complied with by the petitioner, a petition filing is in order after 90 days of provision of service of a copy of the notice of intent to petition or the reading of the notice of intent to petition at a duly noticed meeting of the board, whichever is earlier.
(b) There is no obligation on a petitioner to file a petition under this chapter after the completion of the prepetition meeting process.
(c) If stakeholder participants in prepetition meetings stipulate that prepetition meetings are continuing, there is no limitation on the time to file a petition after the filing of a notice of intent to petition.
(d) If no petition is filed within 180 days of the filing of the notice of intent to petition, or if no stipulation is presented to the board under subdivision (c), a petition is no longer in order and a new notice of intent to petition shall be filed prior to a subsequent petition filing pursuant to Section 1260.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1267.

1267. (a) A petition filed under this chapter shall include all of the following components:
(1) (A) A signed submission by the petitioner identifying the petitioner, including the names and contact information of the person requesting the tariff revision and the basis of the petitioner’s substantial interest in the pilotage tariff.
(B) If the petition is a joint submission by multiple parties, the petition shall be identified as a joint submission on the filing and include a signed submission by each of the joint petitioners, including the names and contact information of each of the persons requesting the tariff revision and the bases of each of the petitioners’ substantial interests in the pilotage tariff.
(2) A request for a hearing, including a proposed hearing date and calendar.
(3) A copy of the proposed tariff, along with a copy of the proposed changes to the tariff in a format in which strikethroughs indicate the material to be deleted or replaced and underlining indicates the material to be inserted.
(4) Testimony in support of the petition, including a description of why or how the existing tariff is not fair, just, reasonable, or sufficient, along with all exhibits and information to demonstrate a need for the tariff revision and addressing the criteria for tariff revisions as set forth in Section 1251.
(5) A copy of any joint stipulations, partial stipulations, or any other agreements to narrow or simplify issues reached during prepetition meetings pursuant to Section 1262.
(b) A petition filed under this chapter may include any of the following:
(1) A copy of a proposed order.
(2) Any other information required by the board by regulation or by previous order.
(c) A petitioner shall file with the board one paper copy and one electronic copy of all petition documents, including testimony and exhibits that the petitioner intends to present as the petitioner’s direct case. An electronic copy of all filed material shall be filed in a format identified by the board, if the board elects to require a specified filing format.
(d) A petitioner shall provide electronic notification and access to an electronic copy of all filed material to every stakeholder or interested party who requested to participate in prepetition meetings pursuant to Section 1262.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1268.

1268. Upon receipt of a petition, the executive director shall do all of the following:
(a) Schedule an item for the next regular meeting of the board for the purposes of providing notice to the public and for the executive director to publish the signed submission and request for a hearing on the petition into the record.
(b) Provide all copies of all filed materials to the administrative law judge assigned upon the request of the board pursuant to Section 1261 for the purpose of administering the hearing on the petition.
(c) Provide notification to the petitioner and to every stakeholder who requested to participate in prepetition meetings pursuant to Section 1262 of all of the following:
(1) The name and contact information of the administrative law judge assigned to administer the hearing on the petition.
(2) The official date of the filing of the petition with the board.
(3) The requirement of interested stakeholders to file a request to intervene within 20 calendar days of petition filing pursuant to Section 1269.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1269.

1269. (a) Any stakeholder with a substantial interest in the pilotage tariff may file a written request to intervene in a petition proceeding under this chapter.
(b) A request to intervene shall include all of the following:
(1) A signed request identifying the proposed intervenor, including the names and contact information of the person requesting the intervention.
(2) The proposed intervenor’s substantial interest in the pilotage tariff.
(3) The position of the party in the proceeding.
(4) A response to the petitioner’s proposed hearing date and calendar.
(c) A written request to intervene shall be considered timely if it is received by the administrative law judge within 20 calendar days of petition filing.
(d) Intervention shall not broaden the issues in the proceeding, except to the limited extent that an issue is raised in a counterpetition, nor shall intervention unreasonably delay the hearing or unfairly prejudice the other parties.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1270.

1270. (a) Any intervening party, or proposed intervening party, shall file an answer, counterpetition, or response within 30 calendar days of petition filing. For good cause shown, the administrative law judge may extend the time for filing an answer, counterpetition, or response for a period not to exceed an additional 20 days.
(b) The answers filed by intervenors, whether counterpetitions or responses, shall address the factors specified in this chapter and all related issues raised in the petition.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1272.

1272. (a) During the public hearing on the petition, the administrative law judge retains the discretion to direct additional briefing or presentation of evidence by the parties posthearing. All parties have the right to respond at the hearing and in writing posthearing to a direction by the administrative law judge for additional briefing or presentation of evidence, regardless of to which party the additional briefing or presentation of evidence are directed.
(b) During the public hearing on the petition, the executive director shall be in attendance and available to the administrative law judge. The administrative law judge retains the discretion to consult with the executive director in public during the public hearing. All parties have the right to respond at the hearing and in writing posthearing to a consultation by the administrative law judge with the executive director.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1273.

1273. (a) At the conclusion of the public hearing on the petition and until the issuance of the tentative order and tariff, the administrative law judge may submit bench interrogatories and discovery requests to a party or parties. All parties have the right to respond to posthearing bench interrogatories and discovery requests, regardless of to which party the interrogatories or discovery requests are directed.
(b) The administrative law judge may set consultations or develop bench interrogatories or discovery requests for the executive director. All parties may attend all posthearing bench consultations and respond independently and, in addition, all parties have the right to respond to posthearing bench interrogatories and discovery requests that are directed to the executive director.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 4 - Petitions › Section 1274.

1274. Except as otherwise permitted with respect to the executive director’s responses to bench requests pursuant to Section 1273, members of the board and board staff shall not engage in ex parte communications regarding the pilotage tariff, pilotage rates, or issues that are the subject of a pilotage tariff petition with any party, stakeholder, member of the public, or other board member during the period beginning with the request by the executive director for assignment of an administrative law judge until the time that any potential for a related board hearing on the petition has concluded.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 5 - Orders › Section 1275.

1275. (a) The administrative law judge shall issue a tentative order and tariff inclusive of the findings of law and findings of fact necessary to support the tentative order and tariff.
(b) The tentative order and tariff shall be based on the formulaic rate approach and factors described in Section 1251 and include specific findings with respect to each formula factor.
(c) The tentative order and tariff shall set both a publication date for the final order and tariff and an effective date for the tariff of no later than 30 days after the publication date if there is no further board action pursuant to Section 1278.
(d) All parties shall receive electronic service of the tentative order and tariff and included findings.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 5 - Orders › Section 1276.

1276. (a) Upon receipt of a tentative order and tariff from an administrative law judge, the executive director shall provide board members, parties, and the public with notice of the issuance of the tentative order and tariff and included findings, and the publication date and effective date established by the tentative order and tariff by publication on the board’s internet website, and to advise board members and the public of their right to request that the executive director agendize the tentative order and tariff at the next regular meeting of the board between the issuance of the tentative order and tariff and the publication date pursuant to this section.
(b) In the 10 calendar days following the notice of the issuance of the tentative order and tariff by the executive director pursuant to subdivision (a), board members, parties, and members of the public have the right to request that the tentative order and tariff be agendized for consideration at the next regular monthly meeting of the board.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 5 - Orders › Section 1277.

1277. If no request for the tentative order and tariff to be agendized is received by the executive director within 10 calendar days of the notice provided pursuant to Section 1276, the tentative order and tariff are final as a matter of law. The executive director shall cause to be published a final order and tariff inclusive of findings on the publication date specified by the tentative order and tariff on the board’s internet website. The executive director shall further submit the final tariff to the Office of Administrative Law for publication in the California Regulatory Notice Register. If the effective date is not included in the tentative order and tariff or is defective for any reason, the final tariff shall be deemed to be effective upon publication in the California Regulatory Notice Register.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 5 - Orders › Section 1279.

1279. (a) If the board opts to rerefer a tentative order and tariff to the administrative law judge pursuant to Section 1278, the further review of the petition by the administrative law judge shall be conducted pursuant to this section.
(b) (1) Upon receipt of the board hearing materials from the executive director, the administrative law judge shall by order set a deadline for the parties to submit a proposed calendar for supplemental briefing.
(2) The calendar shall be limited to briefing on the basis of the existing evidence in the record and no additional discovery or data requests shall be allowed by the parties.
(3) The substantive scope of the briefing shall be limited to issues raised by the party requesting a rereferral before the board and affirmed by the board in its adopted basis for rereferral.
(c) The calendar set by the administrative law judge shall be to support a determination upon the briefing alone and no additional public hearing shall be scheduled.
(d) The calendar for briefing and for the issuance of a reviewed tentative order and tariff is to be determined by the administrative law judge.
(e) The administrative law judge has the discretion to issue a reviewed tentative order and tariff to the board. The reviewed tentative order and tariff may be revised as requested by a party.
(f) A reviewed tentative order and tariff issued under this section shall be consistent with the requirements of Section 1275.
(g) Upon receipt of a reviewed tentative order and tariff, the board shall proceed in a manner consistent with Sections 1276, 1277, and 1278, with the exception that the board shall not take any action on a reviewed tentative order pursuant to paragraph (2) or (4) of subdivision (d) of Section 1278.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 6 - Administrative Provisions › Section 1281.

1281. Pilots may submit to the board annually a copy of an audit of the financial record of pilotage operations for the prior year. The pilot audited financial document shall be a public record.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 1 - PORT INFRASTRUCTURE FINANCING › CHAPTER 1 - Findings and Definitions › ARTICLE 2 - Definitions › Section 1691.

1691. The definitions in this article govern the construction of this part.
(Added by Stats. 1992, Ch. 1235, Sec. 3. Effective January 1, 1993.)