BILL REQ. #:  H-0449.2 

     AN ACT Relating to pilotage tariffs; amending RCW 88.16.035; and adding a new section to chapter 81.04 RCW.

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

Sec. 1   RCW 88.16.035 and 2008 c 128 s 2 are each amended to read as follows:
     (1) The board of pilotage commissioners shall:
     (a) Adopt rules, pursuant to chapter 34.05 RCW, necessary for the enforcement and administration of this chapter;
     (b)(i) Issue training licenses and pilot licenses to pilot applicants meeting the qualifications provided for in RCW 88.16.090 and such additional qualifications as may be determined by the board;
     (ii) Establish a comprehensive training program to assist in the training and evaluation of pilot applicants before final licensing; and
     (iii) 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;
     (c) Maintain a register of pilots, records of pilot accidents, and other history pertinent to pilotage;
     (d) Determine from time to time the number of pilots necessary to be licensed in each district of the state to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service in each district;
     (e) Annually fix the pilotage tariffs for pilotage services performed aboard vessels as required by this chapter((: PROVIDED, That)) in order to provide safe, efficient, and competent pilotage as determined by provisions relating to licensing, oversight, and the setting of the number of pilots. The board may fix extra compensation for extra services to vessels in distress, for awaiting vessels, for all vessels in direct transit to or from a Canadian port where Puget Sound pilotage is required for a portion of the voyage, 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. The board shall consider any tariff adjustment recommendations included in the utilities and transportation commission report required under section 2 of this act. The board shall provide a report clearly documenting specific rationale to the governor and the chairs of the transportation committees of the senate and the house of representatives if the board deviates from tariff adjustment recommendations included in the utilities and transportation commission report;
     (f) 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, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot or trainee; 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 or stipends of individual pilots and trainees 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, marine occurrences, 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 or trainee'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 or trainee, 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;
     (g) Make available information that includes the pilotage act and other statutes of Washington state and the federal government that affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters;
     (h) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;
     (i) 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.
     (2) The board may pay stipends to pilot trainees under subsection (1)(b) of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 81.04 RCW to read as follows:
     Beginning by December 31, 2009, the commission shall annually submit a pilotage tariff recommendation report to the board of pilotage commissioners, the governor, and the chairs of the transportation committees of the senate and the house of representatives for any pilotage district where pilotage is not administered by a port authority. The timing of the report is determined based on a request from the board of pilotage commissioners. Concurrent with this request, the board shall transmit information including, but not limited to, the most recent annual report and audited financial statements of any pilot association or individual pilots serving the Puget Sound district. Commission recommendations must assist the board of pilotage commissioners with any rate-setting decisions set forth under RCW 88.16.035. Tariff adjustment recommendations, if any, must be based on an economic analysis that is consistent with existing commission rate-setting policies.