Bill Text: NY A05352 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides milk dealers and agricultural food product transporters with electronic toll collection devices free of charge; requires the department of transportation to reimburse the thruway authority and the metropolitan transportation authority for costs incurred in providing such toll collection devices.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A05352 Detail]

Download: New_York-2023-A05352-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5352

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by  M. of A. GRAY -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the public authorities law,  in  relation  to  providing
          milk dealers and agricultural food product transporters with electron-
          ic toll collection devices free of charge

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 378-b to read as follows:
     3    §  378-b.  Milk and farm food product transport electronic tolling. 1.
     4  For the purposes of this section, the following  terms  shall  have  the
     5  following meanings:
     6    (a)  "Milk"  shall  have  the  same definition as such term is defined
     7  pursuant to subdivision seven of section two hundred fifty-three of  the
     8  agriculture and markets law.
     9    (b) "Farm food product" means:
    10    (i) livestock;
    11    (ii) fresh produce;
    12    (iii) meat;
    13    (iv) milk; and
    14    (v) dairy products.
    15    2.  The  authority  shall  establish  and  issue  an  electronic  toll
    16  collection exemption process for single unit trucks  and  trucks  having
    17  two  or  more  axles  which are owned and operated by a person or entity
    18  engaged in the purchasing, handling or selling of  milk  and  farm  food
    19  products, or who bargains for the purchase or sale of milk and farm food
    20  products,  when such trucks are used exclusively to further the purchas-
    21  ing, handling, and selling of milk and farm food products throughout the
    22  state. The exemption process shall be developed such  that  the  use  of
    23  electronic  collection  devices  shall  be at no cost to such persons or
    24  entities, and the authority shall be responsible for  the  cost  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08528-01-3
        A. 5352                             2

     1  toll  imposed for the use of the thruway system, or any portion thereof,
     2  by the truck to which this device is affixed.
     3    3.  The  authority shall promulgate rules and regulations to implement
     4  the provisions of this  section,  including  establishing  the  type  of
     5  documentation  or  other  proof required to prove that a truck is exclu-
     6  sively used to further the purchasing, handling, and selling of milk and
     7  farm food products throughout the state.
     8    4. The department of transportation is hereby authorized and  directed
     9  to create a fund, subject to an appropriation, which shall be designated
    10  as  the  farm  food  product toll reimbursement fund. Such fund shall be
    11  used for the purpose of reimbursing the thruway authority and the metro-
    12  politan transportation authority in the execution of the toll  exemption
    13  process  established  pursuant  to  this section. Upon receipt of proper
    14  documentation showing costs incurred by the thruway  authority  and  the
    15  metropolitan  transportation authority, the department shall make depos-
    16  its from the farm food product toll reimbursement  fund  to  funds  duly
    17  created  by  the  thruway  authority and the metropolitan transportation
    18  authority for the purpose of effectuating  such  reimbursement  process,
    19  pursuant  to  sections  three  hundred  fifty-four  and one thousand two
    20  hundred sixty-five of this chapter, respectively.
    21    § 2. This act shall take effect on the one hundred twentieth day after
    22  it shall have become a law. Effective immediately, the addition,  amend-
    23  ment,  and/or  repeal of any rule or regulation necessary for the imple-
    24  mentation of this act on its effective date are authorized  to  be  made
    25  and completed on or before such effective date.