Proposed Updates to Port Tariff No. 3 Rates and Fees

ADOPT a resolution approving amendments to Port of Richmond FMC Tariff No. 3 Port and Marine Terminal Operator Schedule reflecting a two and nine-tenths percent (2.9%) General Rate Increase, establish an environmental Clean Port Program and Clean Air Program Fee of $200 per hour, and a comprehensive rewrite of the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3, removing outdated provisions, modernizing language, standardizing document structure and formatting, as approved by the Executive Committee Members of the Tariffs & Practices Committee of the California Association of Port Authorities (CAPA) – Economic Development Department (Charles Gerard 510-620 6792).

Financial Impact

All revenues generated through Tariff No. 3 are deposited into the Port Enterprise Fund and are used to support Port operations, maintenance, capital improvements, security, and regulatory compliance activities.

The proposed amendments include:

• Adding a two and nine tenths percent (2.9 percent)

General Rate Increase (GRI) to the tariff.

• Adding an environmental Clean Port Program and Clean Air Program Fee of 200 dollars per hour.
• A comprehensive rewrite of Tariff No. 3, removing outdated provisions, modernizing language, and standardizing document structure and formatting.

These updates will help keep the Port competitive with other ports in the Bay Area. There is no impact to the General Fund.

Previous Council Action

May 27,2025

Statement Of The Issue

The Port of Richmond is seeking Tariff amendments to apply a two and nine-tenths percent (2.9%) General Rate Increase (GRI), establish an environmental Clean Port Program and Clean Air Program Fee of $200 per hour, and a comprehensive rewrite of the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3, by removing outdated provisions, modernizing language, and standardizing document structure and formatting. The proposed amendment effective date shall be August 1, 2026. The Port of Richmond will maintain a competitive position, maximize revenues and stay in regulatory compliance

Recommended Action

ADOPT a resolution approving amendments to Port of Richmond FMC Tariff No. 3 Port and Marine Terminal Operator Schedule reflecting a two and nine-tenths percent (2.9%) General Rate Increase, establish an environmental Clean Port Program and Clean Air Program Fee of $200 per hour, and a comprehensive rewrite of the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3, removing outdated provisions, modernizing language, standardizing document structure and formatting, as approved by the Executive Committee Members of the Tariffs & Practices Committee of the California Association of Port Authorities (CAPA) – Economic Development Department (Charles Gerard 510-620 6792).

Discussion

Background

The Port of Richmond (Port) generates revenue from vessel dockage, wharfage, storage, and other charges outlined in the Federal Maritime Commission (FMC) Tariff No. 3 (Tariff) Port and Marine Terminal Operator Schedule. The Tariff document specifies item rates, rules, and regulations governing the use of the Port of Richmond facilities. Tariff revenues are deposited into the Port Enterprise Fund, which is separate from the City's General Fund. Revenues are used for Capital Projects, maintenance, security, and other Port improvements. The updated tariff language also helps ensure safe operations, regulatory compliance, and environmental stewardship within the Port area.

Since 2015, the Executive Director of California Association of Port Authorities (CAPA) drafts a Letter of Memorandum each year to the Committee on Tariffs and Practices (Executive Committee), requesting consideration of a General Rate Increase (GRI). This policy allows all ports in the State of California to apply a Consumer Price Index for All Urban Consumers (CPI-U) change for the twelve-month period ending in December of each year. The policy ensures that all member ports within the California Association

of Port Authorities (CAPA) will consider implementing an annual General Rate Increase (GRI), thereby helping ports remain competitive.

Member ports of CAPA include: the Ports of Humboldt, Los Angeles, Long Beach, San Diego, Hueneme, Redwood City, West Sacramento, San Francisco, Oakland, Stockton, and Richmond. In the 2026 CAPA Letter of Memorandum the Bureau of Labor Statistics identified a 2.9 percent (%) increase in the West Region Consumer Price Index (CPI-U)

(Attachment 1).

2026 Tariff Amendments The Port of Richmond submitted a Docket Proposal Form #26-07 and Tariff document to the CAPA Executive Committee on June 16, 2026 (Attachments 2 and 3). The docket proposal summarizes the following amendments to the Tariff:

• A recommended two and nine-tenths percent (2.9%) General Rate Increase (GRI). The 2.9% GRI is consistent with the 2026 CAPA recommendation based on the West Region Consumer Price Index for All Urban Consumers (CPI-U).

(Attachment 4)

• Adding an environmental Clean Port Program and Clean Air Program Fee, SECTION VIII, page 40 of the proposed Tariff replaces the 2025 Tariff Environmental Services Fee. The previous Environmental Services Fee was structured on a per-vehicle basis and was not applicable to current operating conditions. The proposed Fee of $200 per hour is directly tied to vessel compliance activities required under California Air Resources Board (CARB) At- Berth Regulations (Title 17, California Code of Regulations, Section 93130) and more accurately reflects the Port's administrative and operational costs.
• A comprehensive rewrite of Tariff No. 3, removing outdated provisions, modernizing language, numbering system, and standardizing document structure and formatting for an easier read and use.

Justification of Tariff document overhaul The existing Port Tariff document was originally written in 1994 and has not been substantially or consistently updated since that time for language, formatting, and maintenance of the document. Tracking, maintaining, and updating the previous document was burdensome. The Port retained Ruggeri Parks Weinberg LLP, a law firm specializing in maritime and port law, to assist in updating the tariff to reflect current FMC regulations and industry practices. The tariff has been comprehensively updated to incorporate current FMC requirements, reflect applicable federal and state regulations, improve organization, and simplify future administration and amendments.

Next Steps

On June 16, 2026, the Port of Richmond’s docket was unanimously approved by CAPA members. City staff recommend that the City Council adopt the resolution approving the

2026 amendments to the Port of Richmond Terminal Tariff, FMC No. 3 Port and Marine Terminal Operator Schedule (Attachment 4).

Upon City Council approval, the amended tariff will be filed with the Federal Maritime Commission and posted on the Port's Operations webpage. All tariff charges incurred on or after August 1, 2026, will be assessed under the amended schedule. The effective date provides sufficient time for City Council approval, Federal Maritime Commission filing requirements, and customer notification. The proposed amendments will help ensure the Port remains competitive with other California ports, maintains regulatory compliance, and supports ongoing investment in Port facilities and operations.

SYNERGISTIC POLICIES:

City Council Goals and Priorities - Strategic Goal Area 2.5: Revitalization of the Port. This amendment will bring the Port into compliance with CARB regulations, potentially create jobs to support Port activities, reduce emissions, modernize the use of the tariff document, and increase revenue for the Port.

DOCUMENTS ATTACHED:

Attachment 1 - CAPA 2026 Memorandum Attachment 2 - CAPA Docket Proposal #26-07 Attachment 3 - 2026 Port of Richmond Tariff FMC No. 3 Attachment 4 - Resolution Approving 2026 Amendments to Tariff FMC No. 3

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MEMBERS

Humboldt Bay Harbor District Port of Hueneme Port of Long Beach Port of Los Angeles Port of Oakland Port of Redwood City

Port of Richmond Port of San Diego Port of San Francisco Port of Stockton Port of West Sacramento CALIFORNIA ASSOCIATION OF PORT AUTHORITIES CaliforniaPorts.org OFFICERS

Dr. Noel Hacegaba President

Kristin Decas Vice President

David Libatique Treasurer

Martha Miller Executive Director MEMORANDUM

TO:

CAPA Tariffs and Practices Committee FROM:

Martha Miller, CAPA Executive Director RE:

West Region Consumer Price Index for All Urban Consumers (CPI-U) General Rate Increase (GRI): 2.9% DATE:

February 9, 2026

The Bureau of Labor Statistics has identified a 2.9% increase in the West Region Consumer Price Index (CPI-U) for the 12-month period ending December 2025. A link to the Bureau website with CPI details can be found here. CAPA’s policy relating to rate increases is as follows:

All member ports within the California Association of Port Authorities (CAPA) will consider implementing an annual General Rate Increase (GRI) based on the Bureau of Labor Statistics West Region Consumer Price Index for All Urban Consumers (CPI-U), or other local or regional CPI indices. CAPA will provide the CPI-U change for the 12- month period ending December of each year. If implementing, member ports will apply the GRI on July 1st of each year or according to their individual fiscal calendars. Ports will provide 30-day notice prior to implementation and may exercise individual hold downs on select tariffs.

Participating CAPA members may use the CPI-U or other local or regional CPI indices in connection with any general rate increase implemented this year.

Sincerely,

Martha Miller Executive Director California Association of Port Authorities

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MEMBERS Hwnb-Oldt Bay Harbor District Port of Hueneme Port of Long Beach Port of Los Angeles Port o f Oakland Port of Red\\'ood City Port of Richmond Port of San Diego Port of San Francisco Port of Stockton Port of \\'est Sacramento Members of the Committee:

CALIFORNIA A SSOCIATION OF PORT A UTHORITIES CaliforniaPorls.org