BP BHEAD INT H

AN ACT Relating to authorizing the provision of pilotage services in the Grays Harbor pilotage district by port districts; amending RCW 88.16.005, 88.16.010, and 88.16.035; and adding a new section to chapter 53.08 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.

Declining vessel calls in the Grays Harbor pilotage district have impaired competitive pilotage service to waterborne commerce in that district. Therefore, it is the intent of the legislature to provide additional means of providing pilotage service in that district.

Sec. 2. RCW 88.16.010 and 1991 c 200 s 1001 are each amended to read as follows:

(1) The board of pilotage commissioners of the state of Washington is hereby created and shall consist of the assistant secretary of marine transportation of the department of transportation of the state of Washington, or the assistant secretary's designee who shall be an employee of the marine division, who shall be chairperson, the administrator of the office of marine safety, or the administrator's designee, and ((~~seven~~)) eight members appointed by the governor and confirmed by the senate. Each of the appointed commissioners shall be appointed for a term of four years from the date of the member's commission. No person shall be eligible for appointment to the board unless that person is at the time of appointment eighteen years of age or over and a citizen of the United States and of the state of Washington. Two of the appointed commissioners shall be pilots licensed under this chapter and actively engaged in piloting upon the waters covered by this chapter for at least three years immediately preceding the time of appointment and while serving on the board. One pilot shall be from the Puget Sound pilotage district and one shall be from the Grays Harbor pilotage district. Two of the appointed commissioners shall be actively engaged in the ownership, operation, or management of deep sea cargo and/or passenger carrying vessels for at least three years immediately preceding the time of appointment and while serving on the board. One of said shipping commissioners shall be a representative of American and one of foreign shipping. One of the commissioners shall be a representative from a recognized environmental organization concerned with marine waters and one commissioner shall be a representative of a port district providing pilotage service. The remaining commissioners shall be persons interested in and concerned with pilotage, maritime safety, and marine affairs, with broad experience related to the maritime industry exclusive of experience as either a state licensed pilot or as a shipping representative.

(2) Any vacancy in an appointed position on the board shall be filled by the governor for the remainder of the unfilled term, subject to confirmation by the senate.

(3) Five members of the board shall constitute a quorum. At least one pilot, one shipping representative, and one public member must be present at every meeting. All commissioners and the chairperson shall have a vote.

Sec. 3. RCW 88.16.035 and 1987 c 264 s 1 are each amended to read as follows:

(1) The board of pilotage commissioners shall:

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

((~~(2)~~)) (b) 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)~~)) (c) 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)~~)) (d) 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. If a port district is providing pilotage service under chapter 53.08 RCW, it has the exclusive authority to publish and amend rules of service, rates, and tariffs for pilotage services provided by the port district, including adopting by reference any rules, rates, and tariffs of the board of pilotage commissioners, and to enforce mandatory pilotage service in lieu of the board of pilotage commissioners under RCW 88.16.130, within the Grays Harbor pilotage district. A port district shall file its rules of service with the board of pilotage commissioners at least twenty calendar days before they become effective. The board may, upon approval of five commissioners at a regular or special meeting, before the effective date suspend the port district's rules for a period of up to thirty days to determine if the rule impacts safety on Washington waters, or violates a law relating to safety, licensing of pilots, maintenance of pilot records, or other similar matters, to assure the protection of the environment and protect public health and safety. Upon hearing and based on substantial evidence, the board may return the rule of service to the port district specifying changes required to assure safety and compliance with the safety, licensing, and reporting provisions of this chapter;

((~~(5)~~)) (e) 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)~~)) (f) 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)~~)) (g) Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;

((~~(8)~~)) (h) 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 of pilotage commissioners may not license an additional pilot for the Grays Harbor pilotage district after February 1, 1994, or before June 30, 1996, unless a port district providing pilotage service petitions the board to license an individual who has passed the pilots examination for the Grays Harbor district and is on the waiting list for the training program for the district. If there is no person on the waiting list, the board shall solicit applicants and offer the examination for the Grays Harbor pilotage district.

NEW SECTION. Sec. 4. A new section is added to chapter 53.08 RCW to read as follows:

A county-wide port district located in part or in whole within the Grays Harbor pilotage district, as defined by RCW 88.16.050(2), may by June 30, 1996, commence pilotage service with the following powers and subject to the conditions contained in this section.

(1) A person employed to perform the pilotage service of a port district shall be licensed under chapter 88.16 RCW to provide pilotage exclusively within the Grays Harbor pilotage district.

(2) Before establishing pilotage service, a port district shall give at least sixty days' written notice to the chairman of the board of pilotage commissioners and to each person with an active license on December 31, 1993, to provide pilotage in the Grays Harbor pilotage district.

(3) Before establishing pilotage service, a port district shall offer annuities, benefits, or other incentives to selected active pilots who are licensed by December 31, 1993, for the Grays Harbor pilot district for the purpose of bringing the number of active pilots in line with the available workload in the pilotage district. Those remaining pilots must be offered a contract or direct employment to pilot for the port district in the Grays Harbor pilotage district. However, if the port and pilot cannot agree on terms of a contract or employment, and the port has offered a salary generally equivalent to that paid to the average Washington state ferry captain and benefits equivalent to those offered to all other port employees, the port may engage necessary pilots as provided in subsection (4) of this section.

(4) A port district providing pilotage service under this section requiring additional pilots may petition the board of pilotage commissioners to qualify and license as a pilot a person who has passed the examination for the Grays Harbor pilotage district and is on the waiting list for the training program for the district. If there is no person on the waiting list, the board shall solicit applicants and offer the examination for the Grays Harbor pilotage district.

(5) In addition to the power to employ or contract with pilots, a port district providing pilotage services under this section has such other powers as are reasonably necessary to accomplish the purpose of this section including, but not limited to, providing through ownership or contract pilots launches, dispatcher services, or ancillary tug services required for operations or safety.

(6) A port district providing pilotage services under this section may adopt and amend rules of service, rates, and tariffs governing its pilotage service subject to the limitations of RCW 88.16.035. The rules, rates, and tariffs must be approved in open meetings of the port district ten or more days after published notice in a newspaper of general circulation and after mailing a copy of the notice to the chairman of the board of pilotage commissioners.