Chapter 6. Pilotage Rate Recommendations of California Harbors And Navigation Code >> Division 5. >> Chapter 6.
The board shall, from time to time, review pilotage expenses
and establish guidelines for the evaluation and application of these
expenses regarding its recommendations for adjustments in rates.
Any party directly affected by pilotage rates established
under this chapter may petition the board for a public hearing on any
of the matters set forth in Section 1200. Within 10 days from the
filing of the petition the board shall call public hearings to be
held not less than 30 nor more than 60 days of the date of call for
the purpose of obtaining information and data relating to the issues
raised in the petition. The board shall give notice of the hearings
to all interested parties who have requested the notification. At the
conclusion of the hearing or hearings, the board shall review and
evaluate all evidence obtained and, within 120 days from the filing
of the petition, shall submit to the Secretary of the Senate and the
Chief Clerk of the Assembly a copy of its findings and
recommendations for final determination, supported by a transcript of
these proceedings of the board.
(a) The board shall not receive written evidence at a
public hearing held for the purpose of considering pilotage rates
unless 10 or more copies of the evidence have been deposited with the
board as public documents by the party proposing a rate adjustment
30 or more days prior to the date set for the commencement of the
(b) The board shall not receive written evidence at the hearing
from any party responding to the request unless the evidence is
deposited with the board 10 or more days prior to the date set for
the commencement of the hearing.
Public hearings for the purpose of investigating pilotage
rates shall be conducted in accordance with the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code) and a full
record shall be kept of all evidence offered.
In preparing recommendations to the Legislature with
relationship to pilotage rates, the board may require an independent
audit or audits by a public accountant selected by the board. The
audits required by the board shall cover pilotage operations for
those years which the board may specify. In preparing the
recommendations, the board shall also give consideration to other
relevant factors, including, but not limited to, the following:
(a) The costs to the pilots, individually or jointly, of providing
pilot service as required.
(b) A net return to the pilot sufficient to attract and hold
persons capable of performing this service with safety to the public
and protection to the property of persons using the service; and the
relationship of that income to any changes in cost-of-living indices.
(c) Pilotage rates charged for comparable services rendered in
other ports and harbors in the United States.
(d) The methods of determining pilotage rates in other ports and
harbors in the United States.
(e) Economic factors affecting the local shipping industry,
including prospective increases or decreases in income and labor
(f) Additional factors affecting income to pilots such as the
volume of shipping traffic using pilotage, numbers of pilots
available to perform services, income paid for comparable services,
and other factors of related nature.
(g) Changes in, or additions to, navigational and safety equipment
necessary to insure protection of persons, ships, and waterways.