Bill Text: CA SB295 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Board of Pilot Commissioners: surcharge.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-08-15 - From committee: Do pass. (Ayes 12. Noes 0.) (August 15). [SB295 Detail]

Download: California-2023-SB295-Amended.html

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Amended  IN  Assembly  June 06, 2024

Amended  IN  Senate  March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 295

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

February 02, 2023

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An act to amend Section 21113 of the Vehicle Code, relating to vehicles. Section 1159.1 of the Harbors and Navigation Code, relating to bar pilots, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 295, as amended, Dodd. Vehicles: regulations on public property. Board of Pilot Commissioners: surcharge.

Existing law provides for the regulation and licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. Existing law also establishes, in the Transportation Agency, the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. Existing law prescribes the rates of bar pilotage fees required to be charged by pilots and paid by vessels inward and outward bound through those bays. Existing law also imposes an additional pilot boat surcharge to recover the pilots’ costs of obtaining new pilot boats, including preliminary design and engineering, and of funding design and engineering modifications for the purpose of extending the service life of existing pilot boats, excluding costs for repair or maintenance, and authorizes the board to adjust the amount of the surcharge, as specified. Existing law requires the moneys charged and collected each month from the surcharge to be paid to the Board of Pilot Commissioners’ Special Fund and credited to the Pilot Boat Surcharge Account, the moneys in which are continuously appropriated to the board 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, and to cover the administrative costs of the board with respect to administration of the account. Existing law prohibits the amounts expended from the account for specified fiscal years from exceeding specified limits.

This bill would remove the prohibitions on expenditures above those specified limits, thereby making an appropriation, and would expressly authorize any funds that remain in the account after any collections or expenditures to be expended in or carried over to any subsequent fiscal years.

Existing law authorizes a public agency to adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on public property under the jurisdiction of that agency, as specified.

This bill would additionally include certain transportation devices for the purposes of this provision, including, among other things, scooters, pocket bicycles, and golf carts, as specified.

Digest Key

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 1159.1 of the Harbors and Navigation Code is amended to read:

1159.1.

 (a) The Pilot Boat Surcharge Account is hereby established in the Board of Pilot Commissioners’ Special Fund. Notwithstanding Section 13340 of the Government Code, moneys in the account are hereby continuously appropriated to the board without regard to fiscal years for allocation by the board for both of the following:

(1) To fund the pilot boat costs of obtaining new pilot boats and of funding design and engineering modifications for the purpose of extending the service life of existing pilot boats, excluding costs for repair or maintenance, as specified in subdivision (a) of Section 1194.

(2) (A) To cover the administrative costs of the board with respect to administration of the account, including any audits of the usage of the account.

(B) No more than 5 percent of all moneys collected may be used by the board to offset administrative costs and expenses related to managing the pilot boat program, including auditing expenses.

(b)(1)The amount expended from the account in the 2022–23 fiscal year in accordance with claims submitted pursuant to Section 1194.1 shall not exceed two million five hundred thousand dollars ($2,500,000).

(2)The amount expended from the account in the 2023–24 fiscal year to the 2025–26 fiscal year, inclusive, in accordance with claims submitted pursuant to Section 1194.1 shall not exceed five million dollars ($5,000,000) each fiscal year, unless otherwise specified in the annual Budget Act.

(3)The amount expended from the account in the 2026–27 fiscal year to the 2035–36 fiscal year, inclusive, in accordance with claims submitted pursuant to Section 1194.1 shall not exceed six million dollars ($6,000,000) each fiscal year, unless otherwise specified in the annual Budget Act.

(c)Of the maximum expenditure amounts specified in subdivision (b), any funds that are unexpended due to the maximum specified amount exceeding the amounts required for the payment of claims against the account pursuant to Section 1194.1 in any fiscal year shall carry over to the subsequent fiscal year.

(b) Any funds that remain in the account after any collections or expenditures may be expended in or carried over to any subsequent fiscal years.

(d)

(c) Interest earned on the moneys in the Pilot Boat Surcharge Account shall be allocated to the Pilot Boat Surcharge Account and shall be expended to recover the pilots’ claims submitted pursuant to Section 1194.1.

SECTION 1.Section 21113 of the Vehicle Code is amended to read:

21113.

(a)(1)Except as provided in paragraph (2), a person shall not drive a vehicle or animal, or stop, park, or leave standing a vehicle or animal, whether attended or unattended, upon the driveways, paths, parking facilities, or the grounds of any of the following:

(A)A public school, state university, state college, or an educational institution exempted, in whole or in part, from taxation.

(B)A unit of the state park system.

(C)A county park.

(D)A municipal airport.

(E)A rapid transit district, transit development board, transit district, public transportation agency, county transportation commission created pursuant to Section 130050 of the Public Utilities Code, or a joint powers agency operating or managing a commuter rail system.

(F)Any property under the direct control of the legislative body of a municipality.

(G)A state, county, or hospital district institution or building.

(H)Any harbor improvement district or harbor district formed pursuant to Part 2 (commencing with Section 5800) or Part 3 (commencing with Section 6000) of Division 8 of the Harbors and Navigation Code.

(I)A district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code.

(J)State grounds served by the Department of the California Highway Patrol.

(K)Any property under the possession or control of a housing authority formed pursuant to Article 2 (commencing with Section 34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code.

(2)The activities described in paragraph (1) may be performed with the permission of, and upon and subject to any condition or regulation that may be imposed by, the legislative body of the municipality, or the governing board or officer of the public school, state university, state college, county park, municipal airport, rapid transit district, transit development board, transit district, public transportation agency, county transportation commission, joint powers agency operating or managing a commuter rail system, or state, county, or hospital district institution or building, or educational institution, or harbor district, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or housing authority, or the Director of Parks and Recreation regarding units of the state park system or the state agency with jurisdiction over the grounds served by the Department of the California Highway Patrol.

(b)A governing board, legislative body, or officer shall erect or place appropriate signs giving notice of any special conditions or regulations that are imposed under this section and the governing board, legislative body, or officer shall also prepare and keep available at the principal administrative office of the governing board, legislative body, or officer, for examination by all interested persons, a written statement of all those special conditions and regulations adopted pursuant to this section.

(c)When a governing board, legislative body, or officer permits public traffic upon the driveways, paths, parking facilities, or grounds under their control then, except for those conditions imposed or regulations enacted by the governing board, legislative body, or officer applicable to the traffic, all the provisions of this code relating to traffic upon the highways shall be applicable to the traffic upon the driveways, paths, parking facilities, or grounds.

(d)A public transportation agency that imposes any condition or regulation upon a person who parks or leaves standing a vehicle, pursuant to subdivision (a), is authorized to do either of the following:

(1)Enforce that condition or regulation in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of this code. The public transportation agency shall be considered the issuing agency for that purpose.

(2)Designate regularly employed and salaried employees, who are engaged in directing traffic or enforcing parking laws and regulations, for the purpose of removing any vehicle in the same manner as a city, county, or jurisdiction of a state agency pursuant to Chapter 10 (commencing with Section 22650) of Division 11 of this code.

(e)With respect to the permitted use of vehicles or animals on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or animals on the property, that had been permitted on January 1, 1976, shall be effective unless and until the legislative body, at a meeting open to the general public, determines that the use of vehicles or animals on the property should be prohibited or regulated.

(f)A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates on property under the control of, or any portion of property used by, the board.

(g)A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, scooters, motorized scooters, pocket bicycles, inline skates, roller skates, electric personal assistive mobility devices, other personal transportation devices, low-speed vehicles, utility-terrain vehicles, golf carts, and special construction equipment on public property under the jurisdiction of that agency.

(h)For purposes of this section, the following definitions apply:

(1)“Electric personal assistive mobility device” has the same meaning as in Section 313.

(2)“Housing authority,” means a housing authority located within a county with a population of over 6,000,000 people, and any other housing authority that complies with the requirements of this section.

(3)“Personal transportation device” means a nonvehicle device operated by a person for the purpose of transportation. “Personal transportation device” does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who is unable to move about as a pedestrian due to a physical disability.

(4)“Public transportation agency,” means a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of the California Constitution or a county transportation commission created pursuant to Section 130050 of the Public Utilities Code.