Bill Text: CA AB1296 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1296

Bill Title: Bar pilots: regulation of vessels.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR. [AB1296 Detail]

Download: California-2023-AB1296-Amended.html

Amended IN Senate June 10, 2024

Amended IN Assembly April 11, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1296

Introduced by Assembly Member Grayson
(Principal coauthor: Senator Dodd)

February 16, 2023

An act to ~~amend, repeal, and add Section 90018 of the Financial Code, relating to financial protection.~~ add Article 9 (commencing with Section 1147) to Chapter 1 of Division 5 of the Harbors and Navigation Code, relating to bar pilots.

LEGISLATIVE COUNSEL'S DIGEST

AB 1296, as amended, Grayson. ~~California Consumer Financial Protection Law: annual report.~~ Bar pilots: regulation of vessels.

Existing law provides for the regulation and licensing of bar pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. Existing law also establishes, in the Transportation Agency, a Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun and prescribes the membership, functions, and duties of the Board of Pilot Commissioners with regard to the licensure and regulation of bar pilots.
This bill would prohibit a state regulation from requiring or compelling the San Francisco bar pilots, as defined, to replace certain pilot station boats unless the state regulation authorizes the San Francisco bar pilots to replace the pilot station boat upon the pilot station boat reaching the end of its useful service life, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for San Francisco bar pilots who provide pilotage service on Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.
Existing law, the California Consumer Financial Protection Law, generally regulates the provision of consumer financial products and services by covered persons. The law requires the Commissioner of Financial Protection and Innovation to, among other things, prepare and publish on the Department of Financial Protection and Innovation’s internet website an annual report detailing actions taken during the prior year under the law. The law requires the report to include information on actions taken with respect to rulemaking, enforcement, oversight, consumer complaints and resolutions, education, and research.
This bill would, until January 1, 2028, require the report described above to separate information described above with respect to crypto assets and associated consumer financial products and services, as specified, from information described above with respect to other consumer financial products and services.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) The pilot station boats known as the PV California, PV San Francisco, and PV Drake are essential to maintaining reliable pilotage service, achieving the state’s economic, public safety, and environmental protection goals, and for ensuring the state’s and national supply chain functions safely and efficiently, while ensuring public safety and the protection of the state’s waters and shorelines.
(b) Pilots are required by statute to maintain vessels on station at all times in the open ocean at the pilot boarding area, 11 miles west of the Golden Gate Bridge, to board and disembark state-licensed maritime pilots, thus ensuring that commercial vessels are safely and efficiently navigated to the state’s nine bay area ports. The construction of replacement pilot station boats for the PV California, PV San Francisco, and PV Drake requires significant private capital investment and planning and should be reasonably tailored to support the economic health of the pilotage system and the economic competitiveness of bay area ports.

SEC. 2.

Article 9 (commencing with Section 1147) is added to Chapter 1 of Division 5 of the Harbors and Navigation Code, to read:

Article 9. Regulation of Pilot Station Boats
1147.
For purposes of this article, the following definitions apply:
(a) “Pilot station boats” means the 104-foot San Francisco class pilot vessels employed by the San Francisco bar pilots to embark and disembark the pilots from ships entering or leaving the Bays of San Francisco, San Pablo, and Suisun, which consist of the PV San Francisco, Official Number 1105895, the PV California, Official Number 1108685, and the PV Drake, Official Number 1222874.
(b) “San Francisco bar pilots” means a group of maritime pilots, individually licensed by the board, organized as an unincorporated association for the purpose of providing pilotage service on Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.
1147.1.
(a) A state regulation shall not require or compel, directly or indirectly, the San Francisco bar pilots to replace a pilot station boat unless the state regulation authorizes the San Francisco bar pilots to replace the pilot station boat upon the pilot station boat reaching the end of its useful service life, as determined by the State Air Resources Board in consultation with the board and board-approved accredited marine surveyor, and not before the pilot station boat reaches the end of its useful service life.
(b) The useful service life, as determined by the State Air Resources Board, in consultation with the board and board-approved accredited marine surveyor, shall be between 25 and 35 years from the date the pilot station boat was commissioned.

SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the San Francisco bar pilots who provide pilotage service on Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

SECTION 1.Section 90018 of the Financial Code is amended to read:
90018.
~~(a)The commissioner shall prepare and publish on the department’s internet website an annual report detailing actions taken during the prior year under this division.~~
~~(b)The report described in subdivision (a) shall include, but not be limited to, information on actions taken with respect to both of the following:~~
~~(1)(A)Rulemaking, enforcement, oversight, consumer complaints and resolutions, education, and research.~~
(B)The report required by this subdivision shall separate information described by subparagraph (A) with respect to crypto assets and associated consumer financial products and services, pursuant to Executive Order No. N-09-22, from information described by subparagraph (A) with respect to other consumer financial products and services.
~~(2)The activities of the Office of Financial Technology Innovation.~~
(c)The report may include recommendations, including those intended to result in improved oversight, greater transparency, or increased availability of beneficial financial products and services in the marketplace.
~~(d)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.~~
SEC. 2.Section 90018 is added to the Financial Code, to read:
90018.
~~(a)The commissioner shall prepare and publish on the department’s internet website an annual report detailing actions taken during the prior year under this division.~~
~~(b)The report described in subdivision (a) shall include, but not be limited to, information on actions taken with respect to both of the following:~~
~~(1)Rulemaking, enforcement, oversight, consumer complaints and resolutions, education, and research.~~
~~(2)The activities of the Office of Financial Technology Innovation.~~
(c)The report may include recommendations, including those intended to result in improved oversight, greater transparency, or increased availability of beneficial financial products and services in the marketplace.
~~(d)This section shall become operative on January 1, 2028.~~