S2359A-2011 Actions

• Jan 27, 2012: PRINT NUMBER 2359A
• Jan 27, 2012: AMEND AND RECOMMIT TO TRANSPORTATION
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 19, 2011: REFERRED TO TRANSPORTATION

S2359A-2011 Memo

BILL NUMBER:S2359A

TITLE OF BILL:
An act
to amend the transportation law, the state finance law, the tax law and
the public authorities law, in relation to programs that promote and
protect the safety of truck drivers in New York state

PURPOSE:
The purpose of the legislation is to create various programs
designed to protect the safety of truck drivers in the state.

SUMMARY OF PROVISIONS:
Section 1 of the bill cites the title as "Jason's Law."

Section 2 of the bill provides the legislative intent.

Section 3 of the bill amends the transportation law by adding a new
section 140-a creating the motor carrier safety and security
revolving loan program to provide interest free loans to
owners/operators of private rest areas, truck stops, travel plazas
and any other facility providing motor carriers with a safe place to
rest, to make safety and security upgrades on their facilities.

Section 4 of the bill amends the state finance law by adding a new
section 99-u creating the motor carrier safety and security revolving
loan program fund.

Section 5 of the bill amends section 210 of the tax law by adding 2
new subdivisions 45 and 46
creating a 20 percent tax credit for shipping
and/or receiving facilities that agree to provide motor carriers with
a secure area to rest while waiting for pending appointments or to
comply with federal hours of service regulations.

Section 6 of the bill amends the public authorities law by adding a
new section 389 creating a "Bull Pen" demonstration program along the
New York State Thruway. The bull pen demonstration program would test
the affordability and effectiveness of developing dedicated parking
facilities to provide a safe place for truckers to rest.
The facilities must include fencing, security cameras, gated
entrances, electric hookups for powering appliances and equipment in
individual truck cabins and sleeper quarters, as well as limited
lavatory accommodations.

Section 7 of the bill provides for an immediate effective date.

JUSTIFICATION:
This legislation was drafted in
response to the tragic
and senseless death of Jason Rivenburg, a truck driver from Schoharie

County, who was killed while resting at an abandoned gas station in
South Carolina. At the time of his death, Jason was a mere 12 miles
from his destination but was unable to make his delivery because he
was too early. This tragic situation highlights the seriousness of
the problem surrounding the lack of available, safe and secure
parking facilities for truckers. We rely on commercial trucks to
transport the goods that are necessary to our economic well-being. It
is vital that we also ensure that truck drivers who are transporting
these essential products have a safe place to rest while they are
waiting for pending appointments or in order to comply with federal
hours of service regulations. Federal law mandates that drivers rest
for ten hours after driving for eleven consecutive hours, and also
prohibits them from driving more than sixty hours total over a seven
day period. There is a real shortage of safe parking areas for motor
carriers, forcing many drivers, like Jason, to park in desolate,
poorly lit areas with little or no security. If we are going to
require truckers to take regular breaks,
it is imperative that we provide them with a safe place to rest.

This legislation is designed to provide incentives for private
businesses to address truck safety and security issues on their
facilities. Specifically, the bill includes a 20 percent tax credit
to encourage shipping and receiving facilities to allow truckers to
rest in their parking areas and a 50 percent tax credit for the
installation, purchase or maintenance of safety and security upgrades
made by owners/operators of private rest areas, truck stops, and
other similar facilities. The bill also creates a revolving loan fund
whereby owners/operators of private rest areas, truck stops and other
facilities could access interest free financing for safety and
security upgrades. Further, the legislation establishes a "bull pen"
demonstration program along the New York State Thruway. A "bull pen"
is a designated, secure area for truckers to rest while complying
with federal rest regulations. The "bull pen" would be equipped with
fencing, security cameras, gated entrances, electrical hookups for
powering appliances and equipment in individual truck cabins and
truck driver sleeper quarters, and limited lavatory accommodations.

Additionally, at the federal level, Congressman Tonko and Senator
Schumer have introduced legislation that would authorize $20 million
annually over six years for grants to states to expand and publicize
parking options for commercial vehicles. This legislation would
ensure that a framework exists at the state level to allow us to
quickly and effectively expend the federal dollars should the federal
bill become law.

LEGISLATIVE HISTORY:
S.8113 of 20l0.

FISCAL IMPLICATIONS:
To be determined. However, there may be no cost
to the state as New York would apply for federal funding once the
federal legislation has been enacted.

EFFECTIVE DATE:
Immediately.

S2359A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   2359--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 19, 2011
                                 ___________

  Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
    and when printed to be committed to the Committee on Transportation --
    recommitted to the Committee  on  Transportation  in  accordance  with
    Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
    reprinted as amended and recommitted to said committee

  AN ACT to amend the transportation law, the state finance law,  the  tax
    law  and  the  public  authorities  law,  in relation to programs that
    promote and protect the safety of truck drivers in New York state

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. This act shall be known and may be cited as "Jason's Law".
    S 2. Legislative intent. The legislature finds and declares that there
  is  a great need to provide truck drivers with safe places to rest while
  waiting for pending appointments or to  comply  with  federal  hours  of
  service  regulations.  Federal  law  requires motor carrier operators to
  rest for a period of ten hours  after  driving  for  eleven  consecutive
  hours.  Federal law further prohibits motor carrier operators from driv-
  ing more than sixty hours over a seven day  period.  These  requirements
  are  only  exacerbating  the  shortage  of  safe parking areas for motor
  carriers, forcing many drivers to park in  desolate,  poorly  lit  areas
  with  little  or  no security. Many shippers and receivers of freight do
  not allow truckers into their facilities until just before their  sched-
  uled  appointment time and insist that they leave promptly once delivery
  is complete. It is imperative that the legislature address  the  current
  shortage  of  long-term  parking for commercial motor vehicles to ensure
  the personal safety and  security  of  those  who  transport  goods  and
  provide essential services for the people of the state of New York.
    S  3.  The transportation law is amended by adding a new section 140-a
  to read as follows:

    S 140-A. MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN PROGRAM.  1.
  THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A MOTOR CARRIER SAFETY AND

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05848-02-2

 S. 2359--A                          2

  SECURITY  REVOLVING LOAN PROGRAM TO PROVIDE LOANS TO ELIGIBLE APPLICANTS
  TO MAKE SAFETY  AND  SECURITY  UPGRADES  ON  THEIR  FACILITIES  FOR  THE
  PURPOSES DESIGNATED IN THIS SECTION. SUCH PROGRAM SHALL PROVIDE INTEREST
  FREE  LOANS TO ELIGIBLE APPLICANTS FOR SUCH SAFETY AND SECURITY IMPROVE-
  MENT PROJECTS AS THE COMMISSIONER SHALL DEEM TO BE ELIGIBLE PURSUANT  TO
  THIS SECTION.
    2.  STATE  FINANCIAL ASSISTANCE IN THE FORM OF A LOAN MAY BE PROVIDED,
  SUBJECT TO APPROPRIATION BY THE LEGISLATURE, TO RECIPIENTS FOR  ELIGIBLE
  PROJECTS  AS  DEFINED  IN THIS SECTION. ANY FINANCIAL ASSISTANCE AWARDED
  SHALL BE PROVIDED FROM THE MOTOR CARRIER SAFETY AND  SECURITY  REVOLVING
  LOAN  FUND  ESTABLISHED  PURSUANT  TO SECTION NINETY-NINE-U OF THE STATE
  FINANCE LAW.
    3. ELIGIBLE APPLICANTS SHALL MEAN OWNERS AND OPERATORS OF PRIVATE REST
  AREAS, TRUCK STOPS, TRAVEL PLAZAS, AND ANY OTHER FACILITY WHICH PROVIDES
  MOTOR CARRIERS WITH A SAFE PLACE TO REST  WHILE  WAITING  FOR  SCHEDULED
  APPOINTMENTS AND/OR COMPLYING WITH FEDERAL HOURS OF SERVICE REGULATIONS.
    4.  ELIGIBLE PROJECTS SHALL INCLUDE: (A) THE PURCHASE AND INSTALLATION
  OF NEW SECURITY SYSTEMS, INCLUDING BUT NOT LIMITED TO ALARMS  AND  VIDEO
  SURVEILLANCE  EQUIPMENT;  (B)  THE  PURCHASE  AND INSTALLATION OF NEW OR
  IMPROVED LIGHTING EQUIPMENT TO PROVIDE ENHANCED  VISIBILITY  IN  PARKING
  AREAS;  (C) HIRING OR OTHERWISE MAINTAINING SECURITY GUARDS THAT PROVIDE
  REGULAR PATROLS OF THE ENTIRE FACILITY;  (D)  THE  CONSTRUCTION  OF  NEW
  PARKING  FACILITIES;  AND  (E)  UPGRADING AND IMPROVING EXISTING PARKING
  FACILITIES.
    5. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  THE
  PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
  LISHING:  (A)  AN  APPLICATION  PROCESS  WHEREBY ELIGIBLE APPLICANTS MAY
  APPLY FOR LOANS; (B) CRITERIA AND STANDARDS FOR  DETERMINING  AN  APPLI-
  CANT'S  ELIGIBILITY FOR A LOAN; (C) CRITERIA AND STANDARDS TO BE USED IN
  DETERMINING THE AMOUNT OF FINANCIAL ASSISTANCE TO BE  PROVIDED  TO  EACH
  APPLICANT;  AND (D) CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE
  LOAN REPAYMENT PERIODS AND THE TERMS OF REPAYMENT AGREEMENTS.
    6. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  PREVENT  APPLICANTS
  WHO  HAVE  RECEIVED  TAX  CREDITS  PURSUANT TO SUBDIVISION FORTY-FIVE OF
  SECTION TWO HUNDRED TEN OF THE TAX LAW FROM PARTICIPATING IN  THE  MOTOR
  CARRIER  SAFETY  AND  SECURITY REVOLVING LOAN PROGRAM OFFERED UNDER THIS
  SECTION.
    S 4. The state finance law is amended by adding a new section 99-u  to
  read as follows:

    S  99-U.  MOTOR  CARRIER  SAFETY  AND SECURITY REVOLVING LOAN FUND. 1.
  THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
  TROLLER  AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
  BE KNOWN AS THE MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN FUND.
    2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
  ALL MONIES TRANSFERRED TO SUCH FUND  PURSUANT  TO  LAW  AND  ALL  MONIES
  REQUIRED  TO BE PAID INTO OR CREDITED TO THIS FUND, INCLUDING ALL MONIES
  RECEIVED BY THE FUND OR DONATED TO IT, AND PAYMENT OF PRINCIPAL ON LOANS
  MADE FROM THE FUND.
    3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO  THE
  COMMISSIONER  OF TRANSPORTATION TO PROVIDE LOANS PURSUANT TO SECTION ONE
  HUNDRED FORTY-A OF THE TRANSPORTATION LAW.
    S 5. Section 210 of the tax law is amended by adding two new  subdivi-
  sions 45 and 46 to read as follows:

    45.  CREDIT  FOR  PROVIDING A SAFE HARBOR FOR MOTOR CARRIERS.  (A) FOR
  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  THIR-

 S. 2359--A                          3

  TEEN,  A  QUALIFYING  TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST ANY TAX
  DUE UNDER THIS ARTICLE IN AN AMOUNT OF TWENTY PERCENT.
    (B)  (1) FOR THE PURPOSES OF THIS SUBDIVISION, A "QUALIFYING TAXPAYER"
  ALLOWED A CREDIT SHALL MEAN A TAXPAYER ENGAGED IN  THE  SHIPPING  AND/OR
  RECEIVING  OF  ANY  COMMODITIES  VIA  A MOTOR CARRIER, OR AN INDIVIDUAL,
  EITHER OF WHICH PROVIDES QUALIFYING MOTOR  CARRIERS  SERVICES  AT  THEIR
  FACILITIES  THAT  PROVIDE A SECURE AREA IN WHICH SUCH MOTOR CARRIERS MAY
  WAIT FOR PENDING APPOINTMENTS OR TO COMPLY WITH FEDERAL HOURS OF SERVICE
  REGULATIONS.
    (2) FOR THE PURPOSES OF THIS SUBDIVISION, A "QUALIFYING MOTOR CARRIER"
  SHALL MEAN A MOTOR CARRIER THAT IS NOT EMPLOYED BY  THE  TAXPAYER  OR  A
  COMPANY OR CORPORATION THAT IS AFFILIATED WITH THE TAXPAYER.
    (C)  QUALIFYING  TAXPAYERS  WHO  APPLY FOR AND RECEIVE SUCH CREDIT FOR
  PROVIDING SAFE HARBOR FOR MOTOR CARRIERS SHALL NOT BE LIABLE FOR  INJURY
  OR DEATH TO ANY PERSON OR FOR ANY PROPERTY DAMAGE OCCURRING ON OR AT THE
  FACILITY  PROVIDED,  HOWEVER,  THAT SUCH TAXPAYER SHALL NOT BE PROTECTED
  FROM LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL, AND RECKLESS  MISCON-
  DUCT OF SUCH TAXPAYER.
    46.  CREDIT  FOR  SECURITY  UPGRADES  AND PARKING IMPROVEMENTS AT REST
  AREAS. (A) FOR TAXABLE YEARS BEGINNING ON OR AFTER  JANUARY  FIRST,  TWO
  THOUSAND  THIRTEEN,  A  QUALIFYING  TAXPAYER  SHALL  BE ALLOWED A CREDIT
  AGAINST ANY TAX DUE UNDER THIS ARTICLE  IN  AN  AMOUNT  EQUAL  TO  FIFTY
  PERCENT  OF THE TOTAL EXPENDITURES FOR THE PURCHASE, INSTALLATION AND/OR
  MAINTENANCE OF A QUALIFYING PROJECT OR PROJECTS  THAT  ARE  INTENDED  TO
  IMPROVE  THE  SAFETY  AND  SECURITY OF FACILITIES OPERATED BY QUALIFYING
  TAXPAYERS.
    (B) FOR THE PURPOSES OF THIS SUBDIVISION A "QUALIFYING TAXPAYER" SHALL
  MEAN OWNERS AND OPERATORS OF PRIVATE REST  AREAS,  TRUCK  STOPS,  TRAVEL
  PLAZAS  AND ANY OTHER FACILITY WHICH PROVIDES MOTOR CARRIERS WITH A SAFE
  PLACE TO REST WHILE WAITING FOR SCHEDULED APPOINTMENTS AND/OR  COMPLYING
  WITH FEDERAL HOURS OF SERVICE REGULATIONS.
    (C)  FOR PURPOSES OF THIS SUBDIVISION, A "QUALIFYING PROJECT" INCLUDES
  THE FOLLOWING:

    (1) THE PURCHASE AND INSTALLATION OF NEW SECURITY  SYSTEMS,  INCLUDING
  BUT NOT LIMITED TO ALARMS AND VIDEO SURVEILLANCE EQUIPMENT;
    (2)  THE  PURCHASE AND INSTALLATION OF NEW OR IMPROVED LIGHTING EQUIP-
  MENT TO PROVIDE ENHANCED VISIBILITY IN PARKING AREAS;
    (3) HIRING OR OTHERWISE MAINTAINING SECURITY GUARDS THAT PROVIDE REGU-
  LAR PATROLS OF THE ENTIRE FACILITY;
    (4) THE CONSTRUCTION OF NEW PARKING FACILITIES; AND
    (5) UPGRADING AND IMPROVING EXISTING PARKING FACILITIES.
    (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT  TAXPAY-
  ERS WHO HAVE RECEIVED FUNDING THROUGH THE MOTOR CARRIER SAFETY AND SECU-
  RITY  REVOLVING  LOAN  PROGRAM  FROM  BEING  ELIGIBLE FOR THE TAX CREDIT
  OFFERED IN THIS SECTION.
    S 6. The public authorities law is amended by adding a new section 389
  to read as follows:

    S 389. "BULL PEN" DEMONSTRATION PROGRAM.  1.  THE  COMMISSIONER  SHALL
  INITIATE  A  PROGRAM  FOR THE ESTABLISHMENT OF ADDITIONAL REST AREAS FOR
  COMMERCIAL TRUCK DRIVERS ALONG THE NEW YORK STATE THRUWAY.
    2. IN PURSUING THE DEVELOPMENT OF  SUCH  FACILITIES  THE  COMMISSIONER
  SHALL WORK IN CONSULTATION WITH REPRESENTATIVES OF THE NEW YORK TRUCKING
  INDUSTRY  TO  ASSESS POTENTIAL SITE OPTIONS WITH AN EMPHASIS ON ADAPTIVE
  REUSE AND/OR MODIFICATION OF EXISTING INFRASTRUCTURE AND CAPITAL FACILI-
  TIES TO MAXIMIZE THE AVAILABILITY OF REST AREA SERVICES IN THE MOST COST
  EFFECTIVE MANNER POSSIBLE.

 S. 2359--A                          4

    3. IN  CONCERT  WITH  THE  AFOREMENTIONED  INVENTORYING  AND  PLANNING
  EFFORTS,  THE COMMISSIONER SHALL INITIATE A DEMONSTRATION BULL PEN PILOT
  PROJECT WHICH SHALL TEST THE AFFORDABILITY AND EFFECTIVENESS OF DEVELOP-
  ING DEDICATED PARKING FACILITIES AS A LOW COST OPTION FOR OFFERING  SAFE
  HARBOR  FOR  TRUCK  DRIVERS IN NEW YORK STATE.  SUCH FACILITIES SHALL BE
  EQUIPPED WITH FENCING, SECURITY CAMERAS, GATED ENTRANCES, ELECTRIC HOOK-
  UPS FOR POWERING APPLIANCES AND EQUIPMENT IN INDIVIDUAL TRUCK CABINS AND
  TRUCK DRIVER SLEEPER QUARTERS AND LIMITED  LAVATORY  ACCOMMODATIONS.  IN
  PURSUING  SUCH FACILITIES, THE COMMISSIONER SHALL CONSIDER THE POTENTIAL
  FOR UTILIZING E-ZPASS TECHNOLOGY AS A MEANS FOR ENHANCING PUBLIC  SAFETY
  AND SECURITY.
    S 7. This act shall take effect immediately.