Statutory, Regulatory and Rulemaking Resources

For more information, please visit the links below.

Statutes Governing the Board

The statutes governing the are available as a PDF or online.

  • PDF Version (updated 12/2022): Harbors and Navigation Code, Division 5 (Pilots for Monterey Bay, and the Bays of San Francisco, San Pablo, and Suisun)

     

  • Online Version: Harbors and Navigation Code, Division 5 (Pilot for Monterey Bay, and the Bays of San Francisco, San Pablo, and Suisun)

Article 1. Legislative Policy and Findings [1100-1102]

Article 2. Application [1105-1107]

Article 3. Definitions [1110-1117]

Article 4. Liability of Persons Using Pilot Services [1120-1122]

Article 5. Exclusive Rights of Pilotage [1125-1126]

Article 6. Exempt Vessels and Vessels Liable for Pilotage [1127-1128

Article 7. Duties of Pilots [1130-1139

Article 8. State Certified Pilotage [1140-1146

CHAPTER 2. BOARD OF PILOT COMMISSIONERS [1150-1159.2]

CHAPTER 3. PENSION PLAN [1160-1168]

CHAPTER 4. LICENSING OF PILOTS Article 1. Issuance of License [1170-1179]

Article 2. Suspension or Revocation of Licenses [1180-1184]

CHAPTER 5. PILOTAGE RATES [1190-1198]

CHAPTER 6. PILOTAGE RATE RECOMMENDATIONS [1200-1203]

Board Regulations

Board regulations are available as a PDF or online.

Note: If you have difficulties accessing the CCR website using the link provided above, please e-mail OAL at staff@oal.ca.gov.

Note: While the Board makes every effort to keep the PDF version of its regulations current, the official regulations linked below remain the most accurate and authoritative source.

 

Rulemaking

Note: All rulemaking documents are available upon request. Requests may be submitted via email at bopc@bopc.ca.gov or by mail to: Allen Garfinkle, Executive Director, Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun, 660 Davis Street, San Francisco, California 94111.

Rulemaking Documents: Pilotage Rate Setting Process 

NOTICE OF APPROVAL OF REGULATORY ACTION

On June 11, 2026, the Office of Administrative Law approved OAL File Number 2026-0430-01SR. On the same day, these regulations were filed in the Office of the Secretary of State.

The proposed regulations operationalize Harbors and Navigation Code (HNC) § 1250 et seq.  These statutes, which were chaptered in September 2022, require the Board to update the procedures it uses to conduct the rate setting process.

The 2022 statutes made significant changes to the rate setting process, including the authority for determining and setting pilotage rates shifting from the Legislature to the Board. Under the previous statute, which had been in place since the 1970s, rates for bar pilotage services were determined by the legislature by passing specific statutes rather than by the rule-making authority of the Board of Pilot Commissioners. The updated statutes have effectively transformed pilotage rate setting from a statutory process dependent on legislative action into a regulatory process overseen by an administrative law judge.

With the transfer of responsibility away from the Legislature in the 2022 statutes, the new proposed regulations are designed to clarify and specify the roles and duties of the various parties involved in the rate setting process. These changes are intended to implement the new statutes while also ensuring the effectiveness and efficiency of the rate setting process.

The regulations become effective on October 1, 2026 and the text can be found here.

NOTICE OF PROPOSED RULEMAKING

45-Day Notice Published November 21, 2025

NOTICE IS HEREBY GIVEN that the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun (Board) proposes to adopt regulations related to the pilotage rate setting process, after considering all comments, objections, and recommendations regarding the proposed action received during the public comment period, which closes on January 5, 2026.

The Board proposes to amend and adopt the following sections of the California Code of Regulations, Title 7, Harbors and Navigation, Division 2, State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun:

  1. Amend: § 236. Rate Hearing Procedures.
  2. Adopt: § 236.5. Adoption and Publication of Pilotage Rates.
  3. Adopt: § 236.6. Duties of the Executive Director.
  4. Adopt: § 236.7. Ex Parte Communications.
  5. Adopt: § 236.8. Objections to Standing.
  6. Adopt: § 236.9. Hearing Initiated by Board Action.

More information on this proposed rulemaking is available from the following documents:

 

15-DAY NOTICE OF MODIFICATIONS TO PROPOSED REGULATORY ACTION REGARDING THE PILOTAGE RATE SETTING PROCESSOF PROPOSED RULEMAKING

15-Day Notice Published March 5, 2026

 

NOTICE IS HEREBY GIVEN that the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun (Board) proposes to adopt the regulations described hereunder, after considering all comments, objections, and recommendations regarding the proposed action
received during the additional public comment period, which closes on March 20, 2026 at 5:00 p.m.

The Board proposes to amend and adopt the following sections of the California Code of Regulations, Title 7, Harbors and Navigation, Division 2, State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun:

Amend: § 236. Rate Hearing Procedures.

Adopt: § 236.5. Adoption and Publication of Pilotage Rates.

Adopt: § 236.6. Duties of the Executive Director.

Adopt: § 236.7. Ex Parte Communications.

Adopt: § 236.8. Objections to Standing.

Adopt: § 236.9. Hearing Initiated by Board Action.

Additional information is available in the 15-day Notice of Modifications to Proposed Regulatory Action Regarding the Pilotage Rate Setting Process. 

Changes made after the 45-day comment period are illustrated in the revised Express Terms.

 

Other Rulemaking Documents

1. Rulemaking Documents: Pilot Boat Regulations (Effective July 1, 2025)

Rulemaking Documents: Pilot Boat Regulations (15-Day Notice Materials)

2. Rulemaking Documents: Fatigue Regulations

 

Open Meetings

 

The Bagley-Keene Act ensures that state agency meetings are conducted openly and transparently, providing the public with access to governmental proceedings and decision-making processes. The Board of Pilot Commissioners (BOPC) adheres to this act, holding its meetings in accordance with these open meeting requirements to promote transparency and public participation.