S T A T E O F N E W Y O R K
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5461
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
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Introduced by M. of A. TOWNS, N. RIVERA, CALHOUN, STEVENSON, DenDEKKER,
MILLMAN -- read once and referred to the Committee on Transportation
AN ACT to amend the navigation law, in relation to the appointment of
additional members to the board of commissioners of pilots and requir-
ing such board to advise on matters pertaining to pilotage fees; and
repealing certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 87 of the navigation law, as
amended by chapter 258 of the laws of 1999, is amended to read as
follows:
1. There shall continue to be in the city of New York, a board enti-
tled the "board of commissioners of pilots," consisting of [six] EIGHT
persons, who shall hold their offices respectively, for two years from
the time of their election, and until their successors are elected and
have qualified. The governor, temporary president of the senate and the
speaker of the assembly shall each appoint one commissioner. Two other
of such commissioners shall be elected by the presidents and vice-presi-
dents of the marine insurance companies of the city of New York, compos-
ing or represented in the board of underwriters of such city, at a regu-
larly convened meeting of such board. Notice of such meeting shall be
given by the secretary of the board of underwriters or some member of
the board duly authorized by it and it shall state that the election of
commissioners will take place. Such notice shall be given in writing at
least one day before the election and shall be delivered at the office
of such company. Each insurance company represented at such meeting
shall be entitled to one vote, and the certificate of the secretary of
such board, or of any officer acting in his stead, shall be sufficient
prima facie evidence of an election. [The sixth commissioner] ONE OTHER
OF SUCH COMMISSIONERS shall be appointed by the governor from among the
members or the staff of the Albany port district commission for a term
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09272-01-1
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of two years and until his successor is appointed and has qualified. TWO
OTHER OF SUCH COMMISSIONERS SHALL BE APPOINTED BY THE BOARD OF DIRECTORS
OF THE MARITIME ASSOCIATION OF THE PORT OF NEW YORK AND NEW JERSEY FOR A
TERM OF TWO YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE
QUALIFIED. No person shall be elected or appointed to the board of
commissioners of pilots who holds or heretofore held a pilot's license
issued pursuant to this article or pursuant to any law, rule or regu-
lation of this state or any political subdivision, board, commission or
authority of this state or of any other state or pursuant to any federal
law, rule or regulation. Of the [six] EIGHT members of the board of
commissioners of pilots, at least [four] SIX commissioners shall have
been a licensed deck officer in the United States Merchant Marine or an
unrestricted line officer in the United States Naval Service or a
commissioned officer in the United States Coast Guard, and commanded a
navigation watch on an ocean going vessel. The remaining two commis-
sioners shall each have a minimum of five years of experience within the
maritime industry. Upon the expiration of the term of office of any
commissioner or commissioners, or within thirty days prior thereto, and
upon any vacancy occurring by death, resignation, removal from the
state, or other cause, another election or appointment to fill such
office for the term of two years shall be held by the same class of
persons or authority which had previously held the election or appoint-
ment for the office so expiring or becoming vacant.
S 2. Subdivision 6 of section 87 of the navigation law is REPEALED
and a new subdivision 6 is added to read as follows:
6. (A) THE BOARD OF COMMISSIONERS OF PILOTS SHALL ADVISE THE GOVERNOR
AND THE LEGISLATURE ON MATTERS PERTAINING TO PILOTAGE FEES. THE BOARD IS
AUTHORIZED TO REVIEW ALL ASPECTS RELEVANT TO THE DETERMINATION OF PILO-
TAGE FEES FOR VESSELS ENTERING OR DEPARTING FROM THE PORT OF NEW YORK BY
WAY OF SANDY HOOK AND BY WAY OF SANDS POINT OR EXECUTION ROCKS; FOR
VESSELS TRANSITING THE HUDSON RIVER BETWEEN YONKERS AND THE DAM AT TROY;
AND FOR VESSELS TRANSITING LONG ISLAND SOUND AND BLOCK ISLAND SOUND EAST
OF A LINE FROM CITY ISLAND AVENUE ON CITY ISLAND THROUGH STEPPING STONES
LIGHT AND ENTERING OR DEPARTING FROM ANY PORT ON THE NEW YORK STATE
WATERS OF LONG ISLAND SOUND EAST OF SANDS POINT OR EXECUTION ROCKS FOR
THE PURPOSE OF MAKING RECOMMENDATIONS CONSISTENT WITH THE OBJECTIVES OF
ASSURING PUBLIC SAFETY, PROTECTION OF PROPERTY, AND THE PROTECTION OF
THE ENVIRONMENT. THE BOARD SHALL GIVE DUE CONSIDERATION TO THE FOLLOW-
ING:
(1) THE COSTS AND OTHER EXPENSES INCURRED BY PILOTS IN PROVIDING THE
REQUIRED SERVICES;
(2) THE AMOUNT SUFFICIENT TO PROVIDE A NET RETURN TO THE PILOTS WHICH
WILL ATTRACT AND HOLD COMPETENT PERSONS;
(3) PILOTAGE RATES FOR COMPARABLE SERVICES ON OTHER WATERS OF THE
UNITED STATES;
(4) THE METHODS OF ESTABLISHING PILOTAGE RATES FOR OTHER WATERS OF THE
UNITED STATES;
(5) ECONOMIC FACTORS AFFECTING THE SHIPPING INDUSTRY AND PILOT
SERVICES IN THE AREAS UNDER THE JURISDICTION OF THE BOARD;
(6) ADDITIONS OR MODIFICATION OF EQUIPMENT IN PILOT VESSELS REQUIRED
TO ADEQUATELY PROTECT PERSONS, PROPERTY, AND THE ENVIRONMENT;
(7) AUDITORS' REPORTS PERTAINING TO THE INCOME AND EXPENSES OF PILOT
ASSOCIATIONS;
(8) THE NUMBER OF PILOTS NEEDED TO PROVIDE AND MAINTAIN ADEQUATE
SERVICES FOR THE AREAS UNDER THE JURISDICTION OF THE BOARD;
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(9) REVIEW OF THE APPRENTICE AND TRAINING PROGRAMS FOR THE PURPOSE OF
DETERMINING THE NUMBERS OF PERSONS NEEDED TO FILL VACANCIES IN THE PILOT
SERVICES AS THEY ARISE;
(10) ANY OTHER INFORMATION DEEMED PERTINENT BY THE BOARD.
(B) THE BOARD OF COMMISSIONERS OF PILOTS SHALL SUBMIT TO THE GOVERNOR
AND THE LEGISLATURE A REPORT CONTAINING ITS FINDINGS AND RECOMMENDATIONS
ON PILOTAGE FEES ON OR BEFORE MARCH FIRST OF EACH YEAR.
S 3. This act shall take effect immediately.