§ 8670.23. — 8670.23. (Amended by Stats. 2004, Ch. 796, Sec. 18.)

(a)
The administrator shall establish Harbor Safety Committees for harbors and adjacent regions of San Diego; Los Angeles/Long Beach; Port Hueneme; San Francisco; and Humboldt Bay.
(b)
The administrator shall determine the geographic area for each harbor safety committee.
(c)
The administrator shall appoint to each harbor safety committee, for a term of three years, all of the following members, and their alternates:
(1)
A designee of a port authority within the harbor.
(2)
A representative of tank ship operators.
(3)
A representative of the pilot organizations within the harbor.
(4)
A representative of dry cargo vessel operators.
(5)
A representative of commercial fishing operators.
(6)
A representative of a recognized nonprofit environmental organization that has as a purpose the protection of marine resources.
(7)
A designee of the California Coastal Commission, except that for the Harbor Safety Committee for San Francisco Bay, the administrator shall appoint a designee of the San Francisco Bay Conservation and Development Commission.
(8)
A representative from a recognized labor organization involved with operations of vessels.
(9)
A designee of the Captain of the Port from the United States Coast Guard, the United States Army Corps of Engineers, the National Oceanographic and Atmospheric Administration, and the United States Navy to the extent that each consents to participate on the committee.
(10)
A representative of tug or tank barge operators, who is not also engaged in the business of operating either tank ships or dry cargo vessels.
(11)
A representative of pleasure boat operators.
(12)
A harbor safety committee may petition the administrator with a request for a new or additional membership position needed to conduct the harbor safety committee business and that reflects the makeup of the local maritime community. The approval of this petition shall be at the sole discretion of the administrator.
(13)
A harbor safety committee may petition the administrator for the elimination of a new or additional membership position requested and approved pursuant to paragraph (12). The approval of this petition shall be at the sole discretion of the administrator.
(d)
The members appointed from the categories listed in paragraphs (2), (3), (4), and (10) of subdivision (c) shall have navigational expertise. An individual is considered to have navigational expertise if the individual meets any of the following conditions:
(1)
Has held or is presently holding a Coast Guard Merchant Marine Deck Officer’s license.
(2)
Has held or is presently holding a position on a commercial vessel that includes navigational responsibilities.
(3)
Has held or is presently holding a shoreside position with direct operational control of vessels.
(4)
Has held or is currently holding a position having responsibilities for permitting or approving the docking of vessels in and around harbor facilities relating to the safe navigation of vessels.
(e)
The administrator shall appoint a chairperson and vice chairperson for each harbor safety committee from the membership specified in subdivision (c). The administrator may withdraw such appointments at his or her sole discretion.
(f)
Upon request of the harbor safety committee, the administrator may remove a member.
(g)
Each member of a harbor safety committee may be reimbursed for actual and necessary expenses incurred in the performance of committee duties.

Legislative History

Amended by Stats. 2004, Ch. 796, Sec. 18. Effective January 1, 2005.