BP BHEAD INT S

AN ACT Relating to pilotage tariffs; amending RCW 88.16.005 and 88.16.035; and adding a new section to chapter 88.16 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 88.16.005 and 1977 ex.s. c 337 s 1 are each amended to read as follows:

The legislature finds and declares that it is the policy of the state of Washington to prevent the loss of human lives, loss of property and vessels, and to protect the marine environment of the state of Washington through the sound application of compulsory pilotage provisions in certain of the state waters.

The legislature further finds and declares that it is a policy of the state of Washington to have pilots experienced in the handling of vessels aboard vessels in certain of the state waters with prescribed qualifications and licenses issued by the state.

It is the intent of the legislature to ensure against the loss of lives, loss or damage to property and vessels, and to protect the marine environment through the establishment of a board of pilotage commissioners representing the interests of the people of the state of Washington.

It is the further intent of the legislature not to place in jeopardy Washington's position as an able competitor for waterborne commerce from other ports and nations of the world, but rather to continue to develop and encourage such commerce.

The legislature further finds and declares:

The substantial decline in ship traffic in the port of Grays Harbor resulting from a decrease in log export cargoes through the port has created extreme and unpredictable earning cycles for the Grays Harbor bar pilots, and has affected the ability of the pilots to maintain a viable pilotage service.

A reduction in equipment and crew associated with providing pilotage service in the Grays Harbor pilotage district to compensate for lost shipping traffic will seriously impair the capability of the Grays Harbor pilots to provide safe and dependable service.

Tariff increases that compensate for lost ship traffic, and that may increase the revenue capacity for Grays Harbor bar pilots, have proven counterproductive by reducing the ratio of vessels entering the port of Grays Harbor.

Therefore, it is the intent of the legislature to ensure the continuance of a viable, stable pilotage service in both pilotage districts established under this chapter, through the creation of a system for combining and apportioning the revenues of the Grays Harbor pilotage district and the Puget Sound pilotage district.

Sec. 2. RCW 88.16.035 and 1987 c 264 s 1 are each amended to read as follows:

The board of pilotage commissioners shall:

(1) Adopt rules, pursuant to chapter 34.05 RCW as now existing or hereafter amended, necessary for the enforcement and administration of this chapter;

(2) License pilot applicants meeting the qualifications and passing the examination as provided for in RCW 88.16.090 as now or hereafter amended and to establish additional training requirements, including a program of continuing education developed after consultation with pilot organizations, including those located within the state of Washington, as required to maintain a competent pilotage service;

(3) Maintain a register of pilots, records of pilot accidents and other history pertinent to pilotage, along with a roster of vessels, agents, owners, operators, and masters necessary for the maintenance of a roster of persons interested in and concerned with pilotage and maritime safety;

(4) Annually fix the pilotage tariffs for pilotage services performed aboard vessels as required by this chapter((~~: PROVIDED, That~~)). The board may fix extra compensation for extra services to vessels in distress, for awaiting vessels, or for being carried to sea on vessels against the will of the pilot, and for such other services as may be determined by the board. Pilotage tariffs in the Grays Harbor pilotage district must remain at the level implemented on July 17, 1993, and may not increase at a rate in excess of the annual consumer price index established by the United States bureau of labor statistics for the area. However, a shortfall in the annual targeted gross income of either pilotage district shall be supplemented by a uniform and proportional increase in the tariff for each pilotage district;

(5) File annually with the governor and the chairs of the transportation committees of the senate and house of representatives a report which includes, but is not limited to, the following: The number, names, addresses, ages, pilot license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot; the names, employment, and other information of the members of the board; the total number of pilotage assignments by pilotage district, including information concerning the various types and sizes of vessels and the total annual tonnage; the annual earnings of individual pilots before and after deduction for expenses of pilot organizations, including extra compensation as a separate category; the annual expenses of private pilot associations, including personnel employed and capital expenditures; the status of pilotage tariffs, extra compensation, and travel; the retirement contributions paid to pilots and the disposition thereof; the number of groundings, mishaps, or other incidents which are reported to or investigated by the board, and which are determined to be accidents, as defined by the board, including the vessel name, location of incident, pilot's name, and disposition of the case together with information received before the board acted from all persons concerned, including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of persons desiring to apply for Washington state pilotage licenses; summaries of dispatch records, quarterly reports from pilots, and the bylaws and operating rules of pilotage organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot, and names and horsepower of tug boats for any and all oil tankers subject to the provisions of RCW 88.16.190 together with the names of any and all vessels for which the United States coast guard requires special handling pursuant to their authority under the Ports and Waterways Safety Act of 1972; the expenses of the board; and any and all other information which the board deems appropriate to include;

(6) Publish a manual which includes the pilotage act and other statutes of Washington state and the federal government which affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters. Such manual shall be distributed without cost to all pilots and governmental agencies upon request. All other copies shall be sold for a five dollar fee with proceeds to be credited to the pilotage account;

(7) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;

(8) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter; and do such other things as are reasonable, necessary, and expedient to insure proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.

NEW SECTION. Sec. 3. A new section is added to chapter 88.16 RCW to read as follows:

The board shall combine and apportion the income and revenues resulting from pilotage tariffs established by the board for each of the pilotage districts. The actual income received for pilotage services shall be pooled to and deposited in a common account in a bank or financial institution selected by the board, and shall be distributed by a public or private entity selected by the board to each of the pilotage districts on a monthly basis. Each pilotage district shall receive, in accordance with the annual targeted gross budget approved by the board for each district at the last tariff hearing, a percentage of the monthly targeted gross income that is in proportion to its share of the combined monthly targeted gross income for both districts. Each pilotage district is independently responsible for the internal distribution of income received and for the subsequent payment of its operational expenses. The board shall adopt rules to implement this section by September 1, 1994.