California

Harbors and Navigation Code - HNC

1,333 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1 — This act shall be known as the Harbors and Navigation Code.
• § 10 — “Section” means a section of this code unless some other statute is specifically mentioned.
• § 100 — Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation.
• § 101 — The following streams and waters are declared navigable and are public ways: Albion River, to a point three miles from its mouth.
• § 102 — The following streams and waters are also navigable and are public ways: Deer Creek, between its mouth and the house of Peter Lassen.
• § 103 — The following streams and waters are also navigable and are public ways: Johnson’s Creek, from its mouth at San Francisco Bay to Simpson’s Landing.
• § 104 — The following streams and waters are also navigable and are public ways: Napa River, between its mouth and a point sixty feet below the westerly line of Lawrence Street in the city of Napa; First Napa
• § 105 — The following streams and waters are also navigable and are public ways: Sacramento River, between its mouth and a point 100 feet below Reid’s Ferry, in Shasta County.
• § 106 — The following streams and waters are also navigable and are public ways: The north branch of Alameda Creek, from its mouth to Eden Landing.
• § 107 — The coast line of the State of California from the boundary line between it and Mexico on the south, to the boundary line between it and Oregon on the north, is as defined and determined, on August 21
• § 11 — The present tense includes the past and future tenses; and the future, the present.
• § 1100 — The Legislature finds and declares that it is the policy of the state to ensure the safety of persons, vessels, and property using Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, an
• § 1101 — The Legislature further finds and declares all of the following: (a) The maritime industry is necessary for the continued economic well-being and cultural development of all California citizens.
• § 1102 — The Legislature finds and declares that the enhancement of navigational safety is of the utmost concern in state pilotage.
• § 1105 — This division applies to pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.
• § 1106 — No fine or other penalty authorized by the provisions of this division, nor any revocation or suspension of a pilot license or commission except as provided in Section 1180, may be imposed by the boar
• § 1107 — If any provision of this division or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the provisions of this division and their application to ot
• § 1110 — (a) “Bays of San Francisco, San Pablo, and Suisun” means all the waters of those bays and of the tributaries, ports, and harbors of those bays, and includes the water areas from the south end of San F
• § 1111 — “Board” means the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun.
• § 1112 — “High seas” includes all the navigable waters of the Pacific Ocean west of the Golden Gate Bridge, and all navigable waters west of the westward boundary of the pilotage grounds for Monterey Bay.
• § 1113 — “Inland pilot” means a person holding an inland pilot license prior to January 1, 2011.
• § 1114 — “Pilot” means any of the following: (a) Any person licensed under the authority of this division to pilot vessels other than an inland pilot.
• § 1114.5 — “Pilotage grounds” means all waters extending eastward from the precautionary area surrounding buoy SF to, and including, the Bays of San Francisco, San Pablo, and Suisun, and also includes the waters
• § 1115 — “Plan” or “pension” or “pension plan” means the San Francisco Pilot Pension Plan established pursuant to Chapter 3 (commencing with Section 1160) of this division.
• § 1116 — “Vessel” means all vessels not exempted under provisions of this division.
• § 1117 — “Commission investigator” means a person employed by or under contract with the board and assigned to investigate and report on a navigational incident involving a vessel piloted by a pilot or inland
• § 1120 — Vessels which use pilotage services, and their tackle, apparel, furniture, and other appurtenances, and their owners, operators, and agents are jointly and severally liable for pilotage fees and for t
• § 1121 — If any pilot, in endeavoring to assist or relieve any vessel in distress, suffers loss or damage to the pilot’s vessel, the owner and operator of the distressed vessel are jointly and severally liable
• § 1122 — In the event a pilot is carried to sea against the pilot’s will, or unnecessarily detained on board a vessel when a pilot vessel is in attendance to receive the pilot, the owner, operator, and agents
• § 1125 — (a) Pilots licensed by the board have exclusive authority, to the extent not provided otherwise by federal law, to pilot vessels from the high seas to Monterey Bay and the Bays of San Francisco, San P
• § 1126 — (a) A person who does not hold a license as a pilot issued pursuant to this division, and who pilots any vessel into or out of any harbor or port of Monterey Bay and the Bay of San Francisco, San Pabl
• § 1127 — (a) The Legislature finds and declares that it is the policy of the state to ensure the safety of persons, property, and vessels using the waters of Monterey Bay and the Bays of San Francisco, San Pab
• § 1128 — Any nonself-propelled vessel in tow of a tug within Monterey Bay and the Bay of San Francisco, San Pablo, or Suisun, or between those bays, is exempt from pilotage charges unless a pilot is actually e
• § 1130 — (a) A majority of all of the pilots licensed by the board shall appoint one pilot to act as port agent to carry out the orders of the board and other applicable laws, and to otherwise administer the a
• § 1131 — Pilots shall at all times keep, for their exclusive use, vessels of such description and condition as the board may direct.
• § 1132 — Every pilot in charge of a vessel arriving in Monterey Bay and the Bay of San Francisco, San Pablo, or Suisun, shall safely moor the vessel in place and position as directed by the master of the vesse
• § 1133 — Every pilot in charge of a vessel leaving the Bays of San Francisco, San Pablo, and Suisun shall pilot it from its point of departure to a point beyond the San Francisco bar.
• § 1134 — When a pilot goes aboard a vessel, the pilot becomes a servant of the vessel and its owner and operator.
• § 1136 — A pilot licensed pursuant to this division shall do all of the following: (a) Take an oath of office in the manner prescribed by law.
• § 1137 — (a) The account required pursuant to Section 1136 shall show all of the following: (1) The name of each vessel piloted.
• § 1138 — (a) When cruising offshore or standing out to sea, pilots shall go to the vessel nearest to shore or in the most distress, or incur a penalty of one hundred dollars ($100).
• § 1139 — (a) Every pilot boarding a vessel shall exhibit his commission or license as pilot when requested by the master of such vessel.
• § 1140 — (a) It is the intent of the Legislature to provide for a unified system of state regulated pilotage for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.
• § 1141 — (a) Each pilot license shall be valid for a period of one year and shall be renewed upon application and successful completion of the physical examination required by Section 1176.
• § 1144 — Any continuing education program adopted by the board shall regularly inform pilots of the hazards of fatigue and of effective strategies to prevent fatigue while on duty.
• § 1146 — A pilot shall refuse a pilotage assignment if he or she is physically or mentally fatigued and has a reasonable belief that the assignment cannot be carried out in a competent and safe manner.
• § 1150 — (a) There is in the Transportation Agency a Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, consisting of seven members appointed by the Governor, with the consent o
• § 1151 — Each member of the board shall be a citizen of the United States and a resident of California.
• § 1152 — (a) The public members of the board shall receive, as compensation for their services, the amount that the board may, from time to time, determine, which shall not exceed six hundred dollars ($600) ea
• § 1153 — (a) The board shall organize itself by electing a president, and shall provide offices in San Francisco or Alameda County, in which it shall meet once a month, and it may adjourn its regular meetings
• § 1154 — (a) The board is vested with all functions and duties relating to the administration of this division, except those functions and duties vested in the Secretary of Business, Transportation and Housing
• § 1155 — The president of the board may administer oaths in regard to any matter properly before it and he or she may issue subpoenas for witnesses in like cases.
• § 1156 — (a) The board may appoint, fix the compensation of, and from time to time adjust the compensation of, an executive director who is exempt from the civil service laws, and other employees as may be nec
• § 1156.5 — (a) The executive director shall serve at the pleasure of the board and shall be under the direct supervision of the board.
• § 1156.6 — (a) If suspected safety standard violations concerning pilot hoists, pilot ladders, or the proper rigging of pilot hoists or pilot ladders are reported to the board, the executive director shall inves
• § 1156.7 — If the executive director of the board alerts the United States Coast Guard to a violation or likely violation of safety standards pursuant to Section 1156.
• § 1157 — The board shall keep a written record of all the board’s proceedings and acts.
• § 1157.1 — (a) Except as provided in Section 1157.
• § 1157.2 — The board shall establish procedures for access to confidential or restricted information from its records to protect the confidentiality of its employees and licensees.
• § 1157.3 — A member of the board, the executive director, the assistant director, or an employee of the board who willfully discloses confidential information from the board record to a person not authorized to
• § 1157.4 — Upon a request to the board by a federal, state, or local law enforcement agency, the executive director shall make available to the requesting agency any information contained in the board’s records.
• § 1157.5 — On or before April 15, 2010, and annually thereafter, the board shall submit to the Secretary of the Senate, the Chief Clerk of the Assembly, and the Secretary of Business, Transportation and Housing
• § 1157.6 — (a) After the adoption of the first pilotage tariff pursuant to Chapter 6 (commencing with Section 1250), the board shall convene a committee to review the effectiveness of the revised ratesetting pro
• § 1158 — The public members, the executive director, the assistant director, and employees of the board shall not engage in an employment, activity, or enterprise that is clearly inconsistent, incompatible, in
• § 1158.1 — The executive director shall not, during the term of his or her office, serve as a member of the board or as a pilot, or otherwise be concurrently employed in the maritime industry.
• § 1159 — (a) All moneys received by the board pursuant to the provisions of any law shall be accounted for at the close of each month to the Controller in the form that the Controller may prescribe and, at the
• § 1159.1 — (a) The Pilot Boat Surcharge Account is hereby established in the Board of Pilot Commissioners’ Special Fund.
• § 1159.2 — (a) The vessel shall pay a board operations surcharge, the purpose of which is to fully compensate the board and the Transportation Agency for the official services, staff services, and incidental exp
• § 1160 — There is hereby established a San Francisco Bar Pilot Pension Plan which is continued in existence as the San Francisco Pilot Pension Plan.
• § 1161 — All amounts generated by the pension plan shall be used solely to pay pensions to retired pilots and inland pilots, disabled pilots and inland pilots, the surviving spouses of pilots and inland pilots
• § 1162 — (a) The pension plan shall be administered and all benefit payments shall be made by one or more fiduciary agents selected by the board.
• § 1163 — (a) (1) (A) Each retired pilot and inland pilot, who has completed 25 full years of service as a pilot or inland pilot, or both, shall receive, as a target monthly pension, an amount that is initially
• § 1164 — (a) Except as provided in subdivision (b), a pilot shall be eligible for the pension provided in Section 1163 if the pilot meets all of the following requirements: (1) Held a license as a pilot and se
• § 1165 — (a) In addition to, and concurrently with, the basic pilotage rate described in Section 1190, a charge shall be levied for pilotage services at a rate necessary to provide the benefits to be paid out
• § 1166 — (a) The benefits actually paid out each month by the fiduciary agent or agents designated by the board to all retired and disabled pilots and inland pilots, to surviving spouses of deceased pilots and
• § 1167 — (a) The board shall review the benefits received by retired or disabled pilots and inland pilots and their surviving spouses every three years or when the cumulative percentage increase in the Consume
• § 1168 — The board may review the pension plan and make any recommendations it deems necessary for changes in the plan.
• § 1170 — The board shall appoint and license the number of pilots which is sufficient to carry out the purposes of this division.
• § 1170.1 — In determining the number of pilots needed, pursuant to Section 1170, the board shall take into consideration the findings and declarations in Sections 1100 and 1101, the industry’s current economic t
• § 1170.2 — Before changing the number of pilots which may be licensed pursuant to this division, the board shall conduct a hearing pursuant to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
• § 1170.3 — (a) The board shall adopt, by regulation, a pilot’s conflict-of-interest code, which shall include, but need not be limited to, a provision specifying that a pilot shall not have any interest in, or d
• § 1171 — (a) The board shall have the sole authority to determine the qualifications for obtaining a license as a pilot pursuant to this division, determine who shall have the license, and issue the license.
• § 1171.5 — (a) The board shall adopt, by regulation, licensing standards that equal or exceed standards for obtaining federal endorsements and that conform with and support the state policy specified in Sections
• § 1171.6 — (a) There shall be an examination fee to be charged in an amount established by the board to each applicant to the pilot trainee training program who participates in any written or simulator examinati
• § 1172 — Pilots licensed by the board shall be carefully examined as to their qualifications.
• § 1173 — An application for a pilot’s license shall be made in writing to the board, stating such information as the board by rule and regulation may require.
• § 1174 — A pilot’s license shall be issued in the name of the State of California and contain a designation of the waters for which it is intended.
• § 1175 — No person shall be licensed as a pilot unless all of the following requirements are met: (a) The person can meet the qualifications set by the board, including age limitations, if any.
• § 1176 — (a) The board shall appoint a physician or physicians who are qualified to determine the suitability of a person to perform his or her duties as a pilot or a pilot trainee in accordance with subdivisi
• § 1176.5 — (a) At the time of the physical examination required by Section 1176, a trainee or an applicant for a trainee position shall disclose to the board-appointed physician conducting the physical examinati
• § 1177 — (a) All pilots licensed pursuant to this division shall have and maintain proper federal endorsements allowing them to pilot on the high seas and on all waters of the Bays of San Francisco, San Pablo,
• § 1177.5 — (a) The board’s proceedings with regard to the refusal to issue or renew a pilot license shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Titl
• § 1178 — Persons applying for an original license shall not receive a license unless they have proper federal endorsements allowing them to pilot on the high seas and all the waters of those bays pursuant to S
• § 1178.5 — (a) Subject to this section, the board shall participate in a pull-notice system, pursuant to Section 1808.
• § 1179 — Notwithstanding any other provision of this division, any shipping company which regularly employed its employees, or expressed its intent to the board to use its employees, for piloting vessels on th
• § 1180 — If, in the opinion of the board, there is reasonable cause to believe that the public interest requires that a pilot be summarily suspended pending hearing on charges of misconduct that include any of
• § 1180.3 — (a) The board shall establish an incident review committee, which shall be composed of one public member of the board and the executive director.
• § 1180.6 — (a) The board, after full consideration of the evidence, report, and recommendations presented by the incident review committee relating to an incident, misconduct, or other matter pursuant to Section
• § 1181 — The license of a pilot may be revoked or suspended before its expiration only for reasons of misconduct, which shall include, but not be limited to, the following: (a) Neglect, for 30 days after it be
• § 1182 — If, after a hearing, the board finds that the pilot is guilty of misconduct sufficient for deprivation of the license, the board shall revoke or suspend the license of the pilot.
• § 1183 — (a) Upon notification of nonrenewal of the license, a pilot is entitled to a trial and hearing in the same manner that other charges and accusations against pilots are tried.
• § 1184 — The board shall formally review the executive director with respect to the performance of his or her duties pursuant to this article at least once each year.
• § 1190 — (a) Every vessel spoken inward or outward bound shall pay the following rate of bar pilotage through the Golden Gate and into or out of the Bays of San Francisco, San Pablo, and Suisun: (1) Ten dollar
• § 1190.1 — Every vessel that uses a pilot under this division while navigating the waters of Monterey Bay shall pay the rate provided by Section 1190.
• § 1190.3 — (a) There shall be an additional surcharge imposed per each movement of a vessel using pilot services as is necessary and authorized by the board to recover the costs of the pilot associated with a ca
• § 1191 — (a) The Legislature finds and declares that, consistent with the board’s adoption of rate recommendations in May 2002, the Legislature, by statute, adopted a schedule of pilotage rates pursuant to sub
• § 1191.1 — (a) A vessel using pilots for ship movements or special operations that do not constitute bar pilotage shall pay the pilotage rates established in this section.
• § 1192 — If a vessel that is subject to the payment of pilotage enters any port of Monterey Bay and the Bays of San Francisco, San Pablo, or Suisun solely by reason of being in distress or requiring care, it s
• § 1193 — (a) Notwithstanding Section 1120, only the following noncommercial vessels that use pilotage services are exempt from the pilotage fees and surcharges established pursuant to this division, except for
• § 1194 — (a) In addition to other charges for pilotage, there shall be an incremental rate of additional mills per high gross registered ton as is necessary and authorized by the board to recover the pilots’ c
• § 1194.1 — (a) The moneys charged and collected each month from the pilot boat surcharge pursuant to Section 1194 shall be paid to the Board of Pilot Commissioners’ Special Fund established pursuant to Section 1
• § 1195 — (a) In addition to other fees for pilotage, there shall be a surcharge in an amount established by the board for each movement of a vessel using pilot services for each pilot trainee who is enrolled i
• § 1195.1 — (a) The moneys charged and collected each month from the pilot trainee surcharge pursuant to Section 1195 shall be paid to the Board of Pilot Commissioners’ Special Fund pursuant to Section 1159.
• § 1195.3 — Expenses of the pilot trainee program shall include all costs incurred by the board in the operation and administration of the pilot trainee training program and all costs resulting from any contracts
• § 1196 — (a) In addition to other fees for pilotage, there shall be a surcharge in an amount established by the board for each movement of a vessel using pilot services for the pilot continuing education progr
• § 1196.1 — (a) The moneys charged and collected each month from the pilot continuing education surcharge pursuant to Section 1196 shall be paid to the Board of Pilot Commissioners’ Special Fund pursuant to Secti
• § 1196.3 — Pilot continuing education expenses shall include all costs incurred by the board in the operation and administration of the pilot continuing education program and all costs resulting from any contrac
• § 1196.4 — (a) Costs resulting from the provision of continuing education for currently licensed pilots regarding instruction in the proper utilization of portable pilot unit equipment and software, if determine
• § 1196.5 — (a) The board shall contract with an independent entity to conduct a study of the effects of work and rest periods on psychological ability and safety for pilots.
• § 1198 — (a) Except as provided in subdivision (c), the rates and charges for pilotage services shall not include the cost of primary marine insurance insuring a pilot, an organization of pilots, or their offi
• § 1199 — (a) In addition to other charges for pilotage, there shall be temporary transit fees imposed as is necessary and authorized by this section.
• § 12 — The masculine gender includes the feminine and neuter.
• § 12.2 — “Spouse” includes “registered domestic partner,” as required by Section 297.
• § 1250 — Pursuant to the requirements of this chapter, the board shall adopt, and cause to be published, a pilotage tariff that establishes fair, just, reasonable, and sufficient rates for the provision of a s
• § 1251 — (a) The adopted pilotage tariff shall be determined by a formula whereby a revenue requirement is equal to the sum of pilot costs and expenses plus the product of target net income per pilot and the n
• § 1252 — (a) The adopted pilotage tariff may include as part of the tariff for pilotage services the reasonable costs for the setting of tariff rates under this chapter of the Office of Administrative Hearings
• § 1253 — A petition that is submitted on the basis of a notice of intent to petition filed less than 18 months after the effective date of a pilotage tariff adopted pursuant to Section 1278 is untimely.
• § 1254 — (a) The pilotage rates imposed pursuant to Chapter 5 (commencing with Section 1190) shall be subject to adjustment under this chapter.
• § 1255 — (a) The administrative adjudication provisions of the Administrative Procedure Act contained in Chapter 4.
• § 1256 — For purposes of this chapter, the following definitions apply: (a) “Executive director” means the executive director of the board.
• § 1260 — (a) Any person intending to petition to request a change in pilotage rates shall file a notice of intent to petition with the board, with a copy served to interested stakeholders including any associa
• § 1261 — Upon receipt of a notice of intent to petition, the executive director shall do all of the following: (a) Schedule an item for the next regular meeting of the board for the purposes of providing notic
• § 1262 — (a) Within 20 days of publication of the notice of intent to petition at a duly noticed meeting of the board, the filing petitioner shall provide a notice of a proposed meeting schedule to all interes
• § 1265 — (a) Any person with a substantial interest in the pilotage tariff may file a petition with the board.
• § 1266 — (a) Provided that the requirements of Sections 1260 and 1262 have been complied with by the petitioner, a petition filing is in order after 90 days of provision of service of a copy of the notice of i
• § 1267 — (a) A petition filed under this chapter shall include all of the following components: (1) (A) A signed submission by the petitioner identifying the petitioner, including the names and contact informa
• § 1268 — Upon receipt of a petition, the executive director shall do all of the following: (a) Schedule an item for the next regular meeting of the board for the purposes of providing notice to the public and
• § 1269 — (a) Any stakeholder with a substantial interest in the pilotage tariff may file a written request to intervene in a petition proceeding under this chapter.
• § 1270 — (a) Any intervening party, or proposed intervening party, shall file an answer, counterpetition, or response within 30 calendar days of petition filing.
• § 1271 — (a) The administrative law judge shall hold an initial petition management conference to set a hearing date, establish a complete petition calendar, rule on requests to intervene, and address any othe
• § 1272 — (a) During the public hearing on the petition, the administrative law judge retains the discretion to direct additional briefing or presentation of evidence by the parties posthearing.
• § 1273 — (a) At the conclusion of the public hearing on the petition and until the issuance of the tentative order and tariff, the administrative law judge may submit bench interrogatories and discovery reques
• § 1274 — Except as otherwise permitted with respect to the executive director’s responses to bench requests pursuant to Section 1273, members of the board and board staff shall not engage in ex parte communica
• § 1275 — (a) The administrative law judge shall issue a tentative order and tariff inclusive of the findings of law and findings of fact necessary to support the tentative order and tariff.
• § 1276 — (a) Upon receipt of a tentative order and tariff from an administrative law judge, the executive director shall provide board members, parties, and the public with notice of the issuance of the tentat
• § 1277 — If no request for the tentative order and tariff to be agendized is received by the executive director within 10 calendar days of the notice provided pursuant to Section 1276, the tentative order and
• § 1278 — (a) If a request for the tentative order and tariff to be agendized is received by the executive director within 10 calendar days of the notice provided pursuant to Section 1276, the tentative order a
• § 1279 — (a) If the board opts to rerefer a tentative order and tariff to the administrative law judge pursuant to Section 1278, the further review of the petition by the administrative law judge shall be cond
• § 1280 — (a) The board shall authorize a pilot to establish a catastrophic event memorandum account and to record in that account the costs of maintaining, restoring, repairing, or replacing the provision of p
• § 1281 — Pilots may submit to the board annually a copy of an audit of the financial record of pilotage operations for the prior year.
• § 13 — The singular number includes the plural, and the plural the singular.
• § 130 — Every person who cuts or causes to be cut down any tree, so that it falls into any navigable waters, and who does not remove it within twenty-four hours after it falls into the water, is liable to a p
• § 131 — (a) A person who unlawfully obstructs the navigation of any navigable waters is guilty of a misdemeanor.
• § 132 — Every person who, within the anchorage of any port, harbor, or cove of this State, into which vessels may enter for the purpose of receiving or discharging cargo, throws overboard from any vessel all
• § 133 — (a) Except in case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, or as otherwise permitted by law, it is unlawful and constitutes a misdemeanor for a pers
• § 134 — Every person who throws, deposits, or permits another in his employ to throw or deposit, any sawdust, slabs, or refuse lumber, in any place where it may be carried or fall into the waters of Humboldt
• § 135 — (a) It is unlawful to cause or permit any petroleum, chemical, or other hazardous substance to be transferred between a vessel and a shore facility or another vessel by means of a pipeline or similar
• § 14 — “County” includes city and county.
• § 15 — “City” includes city and county.
• § 151 — Except where permitted pursuant to the provisions of Chapter 4 (commencing with Section 13200) of Division 7 of the Water Code, any person that intentionally or negligently causes or permits any oil t
• § 153 — Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this cha
• § 16 — “Shall” is mandatory and “may” is permissive.
• § 1690 — The Legislature finds and declares all of the following: (a) The state has a compelling interest in the success of its ports and harbors because they provide significant economic benefit to the state
• § 1691 — The definitions in this article govern the construction of this part.
• § 1692 — “Authority” means a joint powers entity or nonprofit public benefit corporation created in accordance with Section 1700.
• § 1693 — “Bonds” means bonds, notes, bond anticipation notes, commercial paper, or other evidences of indebtedness or lease, installment sale, or other agreements or certificates of participation therein.
• § 1694 — “Harbor agency” means any state or local agency, city, county, city and county, harbor district, port district, harbor improvement district, river port district, small craft harbor district, or other
• § 1695 — “Infrastructure fund” means a port or harbor infrastructure fund established by an authority pursuant to Section 1700.
• § 1696 — “Joint powers laws” means Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
• § 1697 — “Member” means any harbor agency that is party to an agreement establishing an authority pursuant to Section 1700.
• § 1698 — (a) “Port or harbor infrastructure” means any of the following, if its primary or predominant use is of direct benefit to the port or harbor: (1) Streets, roads, highways, bridges, sidewalks, curbs, g
• § 1699 — “Seaport infrastructure financing district” means an enhanced infrastructure financing district that finances port or harbor infrastructure created in accordance with Chapter 3 (commencing with Sectio
• § 17 — “Oath” includes affirmation.
• § 1700 — (a) Any two or more harbor agencies may, pursuant to the joint powers law, establish an authority, separate from the parties to the agreement, for the purpose, in addition to any other purpose permitt
• § 1701 — An authority established pursuant to Section 1700 shall deposit into an infrastructure fund established by the authority all of the following: (a) Any federal, state, or private grants received by the
• § 1702 — An authority may establish one or more subaccounts within the infrastructure fund, and may treat each subaccount as separate and distinct.
• § 1703 — Subject to the terms and conditions determined by an authority that establishes an infrastructure fund, including, but not limited to, any terms and conditions related to interest rates, payment, prep
• § 1704 — In addition to any purpose authorized under the joint powers law for which bonds may be issued, an authority may issue bonds in the manner set forth in Article 4 (commencing with Section 6584) of Chap
• § 1705 — Exclusively for purposes of securing the financing of port or harbor infrastructure, any harbor agency may borrow funds from, or otherwise secure financing through, an authority at the interest rate o
• § 1706 — (a) Before any public funds are allocated pursuant to this part for a privately owned port or harbor infrastructure, as specified in subdivision (b) of Section 1698, approval of the Treasurer is requi
• § 1710 — The Legislature finds and declares all of the following: (a) In addition to the findings and declarations in Section 53398.
• § 1711 — As used in this chapter, “public financing authority” has the same meaning as provided in Section 53398.
• § 1712 — When designated by the legislative body pursuant to Section 53398.
• § 1713 — (a) Upon receipt of a resolution from the public financing authority promulgated under subdivision (a) of Section 53398.
• § 1714 — (a) Upon receipt of a preliminary approval from a harbor agency granted pursuant to Section 1713, the State Lands Commission shall consider the proposal and either grant or deny final approval.
• § 1715 — (a) Except as provided in subdivision (b), Chapter 2.
• § 1716 — All permanent fixtures and capital improvements to the real property of a harbor agency that administers public trust tidelands made pursuant to a seaport infrastructure district’s approved infrastruc
• § 1717 — If a harbor agency administering granted public trust property is a department of a local governmental body, any negotiations between the two entities with respect to any infrastructure financing, ope
• § 1718 — (a) Pursuant to Section 6009 of the Public Resources Code, the State Lands Commission shall retain absolute discretion over the determination of whether or not investment of local resources in port or
• § 1719 — This chapter shall not apply to the Stockton Port District, as established pursuant to Part 4 (commencing with Section 6200) of Division 8, or to a river port district established pursuant to Part 6 (
• § 1720 — Any public agency with authority to approve or deny port projects that result in the filling of subtidal habitats within the ocean ports of California or habitats in the water of inland ports of Calif
• § 1730 — (a) For purposes of this section, “council” means the California Marine and Intermodal Transportation System Advisory Council, a regional subunit of the Marine Transportation System National Advisory
• § 1740 — The Legislature hereby finds and declares all of the following: (a) The Ports of Long Beach, Los Angeles, and Oakland operate in unique communities, environments, and markets that require infrastructu
• § 1750 — (a) Beginning January 1, 2012, the Port of Long Beach shall assess its infrastructure and air quality improvement needs.
• § 1760 — (a) Beginning January 1, 2012, the Port of Los Angeles shall assess its infrastructure and air quality improvement needs.
• § 1770 — (a) Beginning January 1, 2012, the Port of Oakland shall assess its infrastructure and air quality improvement needs.
• § 18 — “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the si
• § 19 — “Person” means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.
• § 2 — The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and
• § 20 — “State” means the State of California, unless applied to the different parts of the United States.