Bill Text: NY S02648 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to cargo facility charges by the Port Authority; prohibits charges on import and export cargo leaving any marine facility owned or operated by the port authority.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S02648 Detail]

Download: New_York-2015-S02648-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2648
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 27, 2015
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities and Commissions
       AN ACT to amend the waterfront commission  act,  in  relation  to  cargo
         facility charges by the Port Authority of New York and New Jersey
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1 of chapter 882 of the laws of 1953,  constituting
    2  the  waterfront  commission act is amended by adding a new article VII-A
    3  to read as follows:
    4                                ARTICLE VII-A
    5                           CARGO FACILITY CHARGES
    6    1. AS USED IN THIS ARTICLE:
    7    (A) "BILL OF LADING" MEANS A DOCUMENT EVIDENCING THE RECEIPT OF  GOODS
    8  FOR  SHIPMENT ISSUED BY A PERSON ENGAGED IN THE BUSINESS OF TRANSPORTING
    9  OR FORWARDING GOODS.
   10    (B) "CARGO FACILITY CHARGE" MEANS ANY  FEE  APPLICABLE  TO  CARGO  AND
   11  CARGO  CONTAINERS DISCHARGED FROM, OR LOADED ONTO, VESSELS AT ANY MARINE
   12  FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY.
   13    (C) "CARRIER" MEANS A CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C.  S.
   14  13102.
   15    (D)  "CONTAINER"  MEANS ANY RECEPTACLE, BOX, CARTON, OR CRATE WHICH IS
   16  SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY  USED
   17  FOR THE CARRIAGE OF FREIGHT BY AN OCEAN COMMON CARRIER.
   18    (E) "MARINE TERMINAL OPERATOR" MEANS ANY PERSON, CORPORATION, PARTNER-
   19  SHIP,  OR ANY BUSINESS ORGANIZATION WHICH SHALL OPERATE AND MAINTAIN ANY
   20  OF THE MARINE TERMINALS ESTABLISHED,  ACQUIRED,  CONSTRUCTED,  REHABILI-
   21  TATED, OR IMPROVED BY THE PORT AUTHORITY BY MEANS OF AND THROUGH LEASING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07045-01-5
       S. 2648                             2
    1  AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR
    2  ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY.
    3    (F)  "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM
    4  IS DEFINED IN 46 U.S.C. S.40102.
    5    (G) "RAIL CARRIER" MEANS A RAIL CARRIER AS THAT TERM IS DEFINED IN  49
    6  U.S.C. S. 10102.
    7    (H) "TARIFF" MEANS A MARINE TERMINAL OPERATOR SCHEDULE AS THAT TERM IS
    8  DEFINED IN 46 C.F.R. 525.2.
    9    (I) "USER" MEANS:
   10    (1)  ANY PERSON, COMPANY, OR OTHER ENTITY THAT IS NAMED AS THE SHIPPER
   11  OR CONSIGNEE ON THE OCEAN COMMON  CARRIER  BILL  OF  LADING  ISSUED  FOR
   12  EXPORT  OR  IMPORT  CARGO,  OR  ANY  PERSON  OWNING  OR  ENTITLED TO THE
   13  POSSESSION, OR HAVING A PAST OR FUTURE INTEREST IN, THE EXPORT OR IMPORT
   14  CARGO;
   15    (2) IN THE CASE OF NEGOTIABLE  BILLS  OF  LADING,  ANY  OTHER  PERSON,
   16  COMPANY,  OR  OTHER  ENTITY  THAT  IS  A BONA FIDE HOLDER OF THE BILL OF
   17  LADING OR WHO IS ENTITLED TO RECEIVE DELIVERY OF EXPORT CARGO OR  IMPORT
   18  CARGO; OR
   19    (3) ANY OTHER BAILOR OF EXPORT OR IMPORT CARGO.
   20    2.  NOTWITHSTANDING  ANY  LAW, RULE, REGULATION, OR EXISTING TARIFF TO
   21  THE CONTRARY, THE PORT AUTHORITY SHALL NOT ASSESS A USER,  OCEAN  COMMON
   22  CARRIER,  MARINE  TERMINAL  OPERATOR,  CARRIER,  OR RAIL CARRIER A CARGO
   23  FACILITY CHARGE ON IMPORT AND EXPORT CARGO LEAVING ANY  MARINE  FACILITY
   24  OWNED  OR OPERATED BY THE PORT AUTHORITY, EXCEPT THAT THE PORT AUTHORITY
   25  MAY ASSESS A USER,  OCEAN  COMMON  CARRIER,  MARINE  TERMINAL  OPERATOR,
   26  CARRIER,  OR  RAIL  CARRIER  A CARGO FACILITY CHARGE UPON WRITTEN MUTUAL
   27  AGREEMENT BETWEEN THE USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERA-
   28  TOR, CARRIER, OR RAIL CARRIER AND THE PORT AUTHORITY.
   29    S 2. This act shall take effect upon the enactment  into  law  by  the
   30  state  of New Jersey of legislation having an identical effect with this
   31  act, but if the state of New Jersey  shall  have  already  enacted  such
   32  legislation,  then  it  shall take effect immediately; and provided that
   33  the waterfront commission shall notify  the  legislative  bill  drafting
   34  commission  upon  the  occurrence  of  the  enactment of the legislation
   35  provided for in section one of this act in order that the commission may
   36  maintain an accurate and timely effective data base of the official text
   37  of laws of the state  of  New  York  in  furtherance  of  effecting  the
   38  provisions  of section 44 of the legislative law and section 70-b of the
   39  public officers law.