CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 2788

Introduced by Committee on Transportation (Assembly Members Wilson (Chair), Davies (Vice Chair), Aguiar-Curry, Harabedian, Hart, Hoover, Jackson, Lackey, Ransom, Rogers, Sharp-Collins, and Ward)

March 16, 2026

An act to amend Sections 1110 and 1198 of the Harbors and Navigation Code, and to amend Sections 21455.9 and 40230 of, and to add Section 34500.8 to, the Vehicle Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2788, as introduced, Committee on Transportation. Transportation: omnibus bill.
(1) Existing law makes it a crime for a person to pilot a vessel through the Golden Gate and into or out of a harbor in the Bays of San Francisco, San Pablo, and Suisun, unless the person has a license as a pilot, as provided. Existing law defines “Bays of San Francisco, San Pablo, and Suisun” as all the waters of the Bay of San Francisco, Bay of San Pablo, and Bay of Suisun, and of the tributaries, ports, and harbors of those bays, including the water areas from the south end of San Francisco Bay and from the Ports of Sacramento and Stockton to the Golden Gate Bridge. Existing law requires a pilot that provides pilotage service in the Bays of San Francisco, San Pablo, and Suisun to be insured, as provided, and requires a vessel, owner, operator, or demise or bareboat charterer hiring the pilot to either defend, indemnify, and hold harmless the pilot or provide trip insurance, as provided.
This bill would clarify that the Bays of San Francisco, San Pablo, and Suisun includes the Ports of Sacramento and Stockton. The bill would also clarify that those insurance provisions apply to any portion of a vessel transit that occurs within the waters of the Ports of Sacramento and Stockton. To the extent the bill would expand the definition of the Bays of San Francisco, San Pablo, and Suisun, it would increase the scope of a crime and impose a state-mandated local program.
(2) Existing law specifies standards and requirements for the equipment of motor vehicles. Existing law generally requires motor carriers, drivers, and vehicles to comply with the Federal Motor Carrier Safety Regulations related to safety requirements for commercial motor vehicle operations, subject to department regulations. Under existing law, it is an infraction for a person to violate, or fail to comply with, a provision of the Vehicle Code, unless otherwise specified.
This bill would additionally require motor carriers, drivers, vehicles, and shippers to comply with specified federal regulations related to the transportation of hazardous materials to the extent that they relate to transportation by highway unless the motor carrier, driver, vehicle, or shipper is an agency of the federal government. The bill would clarify that motor carriers, drivers, vehicles, and shippers not subject to the federal regulations described above are required to comply with those regulations unless specifically exempted from that compliance pursuant to department regulations. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
(3) Existing law authorizes a city, county, or city and county to establish an automated traffic enforcement system program to use those systems to detect a violation of a traffic control signal, if the system meets specified requirements. Existing law makes photographic, video, and administrative records made by a system confidential and specifies that data about the number of violations issued is not an administrative record required to be disclosed. Existing law establishes an administrative hearing process for notices of violations issued under these provisions and authorizes a contestant to seek review of the final decision by filing an appeal to the small claims division of the superior court or the traffic division of the superior court, as specified. Existing law provides that the conduct of the hearing on appeal is a subordinate duty that may be performed by a commissioner or other subordinate judicial officer, as specified.
The bill would instead specify that data about the number of violations issued is not an administrative record prohibited from disclosure and is subject to disclosure. The bill would delete references to the small claims division or traffic division of a superior court in the above-described provisions and instead authorize a contestant to file an appeal to the superior court. The bill would provide that the conduct of the hearing on appeal may be a subordinate duty. The bill would also make a conforming change.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1110 of the Harbors and Navigation Code is amended to read:

1110.
 (a) “Bays of San Francisco, San Pablo, and Suisun” means all the waters of those bays the Bay of San Francisco, the Bay of San Pablo, and the Bay of Suisun, and of the tributaries, ports, and harbors of those bays, and includes including the water areas from the south end of San Francisco Bay and from from, and including, the Ports of Sacramento and Stockton to the Golden Gate Bridge. “Bay of San Francisco, San Pablo, or Suisun” means any of those waters, respectively.
(b) “Monterey Bay” means all the waters of that bay and of the tributaries, ports, and harbors of that bay.

SEC. 2.

 Section 1198 of the Harbors and Navigation Code is amended to read:

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 officers or employees, from liability arising from negligence or errors in judgment in connection with the provision of pilotage service by pilots, organizations of pilots, or their officers or employees.
(b) A pilot who holds a state license for the Bays of San Francisco, San Pablo, and Suisun shall arrange to have available, upon advance written notice, trip insurance, with coverage limits of thirty-six million dollars ($36,000,000), naming as insureds the pilot, any organization of pilots to which the pilot belongs, and their officers and employees, and insuring the named insureds against any civil claim, demand, suit, or action by whomsoever asserted, arising out of, or relating to, directly or indirectly, acts or omissions of the insureds in connection with the provision of pilotage service, except willful misconduct.
(c) Every vessel, owner, operator, or demise or bareboat charterer hiring a pilot with a state license for the Bays of San Francisco, San Pablo, and Suisun shall either defend, indemnify, and hold harmless pilots pursuant to paragraph (1), or alternatively, notify pilots of an intent to pay for trip insurance pursuant to paragraph (2). If a vessel or its owner, operator, or demise or bareboat charterer does not provide written notice pursuant to paragraph (2) of an intent to exercise the trip insurance option, then the vessel and its owner, operator, and demise or bareboat charterer will be deemed to have elected the obligation to defend, indemnify, and hold harmless pilots pursuant to paragraph (1).
(1) (A) Except for a vessel electing trip insurance pursuant to paragraph (2), a vessel subject to this subdivision, and its owner, operator, demise or bareboat charterer, and agent shall not assert any claim, demand, suit, or action against the pilot, any organization of pilots to which the pilot belongs, and their officers and employees, for damages, including any rights over, arising out of, or connected with, directly or indirectly, any damage, loss, or expense sustained by the vessel, its owners, agents, demise or bareboat charterers, operators, or crew, or by any third parties, even if the damage results, in whole, or in part, from any act, omission, or negligence of the pilot, any organization of pilots to which the pilot belongs, and their officers and employees.
(B) A vessel subject to this paragraph and its owner, operator, and demise or bareboat charterer shall defend, indemnify, and hold harmless the pilot, any organization of pilots to which the pilot belongs, and their officers and employees, with respect to liability arising from any claim, suit, or action, by whomsoever asserted, resulting in whole, or in part, from any act, omission, or negligence of the pilot, any organization of pilots to which the pilot belongs, and their officers and employees. The obligation to indemnify under this paragraph shall not apply to the extent that it causes the amount recoverable from a vessel, its owner, operator, or demise or bareboat charterer to exceed the limits of liability to which that it is entitled to under any bill of lading, charter party, contract of affreightment, or provision of law.
(C) The prohibition on claims by vessels, owners, operators, demise or bareboat charterers, and agents imposed by subparagraph (A) and the obligation to defend, indemnify, and hold harmless the pilot imposed by subparagraph (B) shall not apply in cases of willful misconduct by a pilot, any organization of pilots to which the pilot belongs, and their officers and employees.
(D) A pilot who is the prevailing party shall be awarded attorney’s fees and costs incurred in any action to enforce a right to indemnification provided pursuant to this subdivision.
(2) In lieu of paragraph (1), a vessel subject to this subdivision and its owner, operator, demise or bareboat charterer, and agent may elect to notify the pilot, or the organization of pilots to which the pilot belongs, of intent to pay for trip insurance, as described in subdivision (b). If notice of this election is received, in writing, by the pilot, or the organization of pilots to which the pilot belongs, at least 24 hours prior to before the time pilotage services are requested, the vessel, and its owner, operator, demise or bareboat charterer, and agent are not subject to the requirements of paragraph (1). The pilot shall take all steps necessary to have trip insurance coverage in place during the vessel movement for which it is requested. The pilot shall assess to the vessel the premium for the trip insurance at the pilot’s cost, in addition to any other applicable rates and charges for the pilotage services provided.
(d) Nothing in this This section is not intended to limit, alter, or diminish the liability of a vessel, owner, operator, or demise or bareboat charterer to any person who sustains loss or damage.
(e) This section applies to a vessel transit to, from, or within the pilotage grounds where the vessel, its owner, operator, or demise or bareboat charter hires a pilot with a license for the Bays of San Francisco, San Pablo and Suisun, including any portion of a transit that occurs within the waters of the Ports of Sacramento and Stockton.

SEC. 3.

 Section 21455.9 of the Vehicle Code is amended to read:

21455.9.
 (a) As used in this section, the following definitions apply:
(1) “Automated traffic enforcement system” or “system” means a fixed system that utilizes automated equipment to detect a violation of a traffic control signal and obtains a clear photograph of the detected vehicle’s license and video recording of the violation.
(2) “Automated traffic enforcement violation” means a violation of a traffic control signal detected by an automated traffic enforcement system operated pursuant to this section.
(3) “Designated jurisdiction” means any city, county, or city and county in the state.
(4) A person is “indigent” if either of the following conditions is met:
(A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code.
(B) The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(5) “Local department of transportation” means a designated jurisdiction’s department of transportation or, if a designated jurisdiction does not have a department of transportation, their administrative division, including, but not limited to, a public works department that administers transportation and traffic matters under this code.
(6) “Traffic control signal” means an official traffic control signal, as defined in Section 445.
(b) (1) A designated jurisdiction may establish a program for traffic control signal enforcement that utilizes an automated traffic enforcement system, to be operated by a local department of transportation, at the limit line, the intersection, where a driver is required to stop, if the program meets all of the following requirements:
(A) (i) Identifies the system by signs that clearly indicate the system’s presence, are visible to traffic approaching from all directions in which the automated traffic enforcement system is being utilized to issue citations, and are posted within the following distances:
(I) On roads with speed limits of 45 miles per hour or less, one sign within 200 to 300 feet, inclusive, of an intersection where a system is operating.
(II) On roads with speed limits over 45 miles per hour, two signs within 200 to 500 feet, inclusive, of an intersection where a system is operating, with at least 100 feet between the signs.
(ii) A program does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system.
(B) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7. A designated jurisdiction shall not reduce the yellow light interval durations after placement of the system.
(2) An automated traffic enforcement system program developed pursuant to paragraph (1) shall place the systems in locations that are geographically and socioeconomically diverse. The designated jurisdiction shall describe how it has complied with this provision in the automated traffic enforcement system impact report described in subdivision (c).