NY State Senate Bill 2015-S2648

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to corporations, authorities and commissions
Jun 09, 2015	reported and committed to rules
Feb 02, 2015	reported and committed to finance
Jan 27, 2015	referred to corporations, authorities and commissions

Votes

- Jun 9, 2015 - Finance Committee Vote
  S2648
  
  20
  
  Aye
  
  8
  
  Nay
  
  8
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 9, 2015
      
      aye (20)
      
      Bonacic
      
      DeFrancisco
      
      Diaz
      
      Espaillat
      
      Farley
      
      Gallivan
      
      Griffo
      
      Hannon
      
      LaValle
      
      Larkin
      
      Little
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Seward
      
      Young
      
      nay (8)
      
      Hassell-Thompson
      
      Krueger
      
      Lanza
      
      Marcellino
      
      Montgomery
      
      Perkins
      
      Rivera
      
      Savino
      
      aye wr (8)
      
      Breslin
      
      Dilan
      
      Golden
      
      Kennedy
      
      Peralta
      
      Squadron
      
      Stavisky
      
      Valesky
  Feb 2, 2015 - Corporations, Authorities And Commissions Committee Vote
  S2648
  
  4
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Feb 2, 2015
      
      aye (4)
      
      Flanagan
      
      Martins
      
      Ortt
      
      Ranzenhofer
      
      aye wr (2)
      
      Perkins
      
      Squadron
      
      excused (1)
      
      Larkin

2015-S2648 (ACTIVE) - Details

See Assembly Version of this Bill:: A2070
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Port Authority of New York and New Jersey
Laws Affected:: Add Art VII-A, §1 of Chap 882 of 1953
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6156, A9546
2017-2018: S3710, A4702

2015-S2648 (ACTIVE) - Summary

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.

2015-S2648 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2648

TITLE OF BILL:  An act to amend the waterfront commission act, in
relation to cargo facility charges by the Port Authority of New York
and New Jersey

PURPOSE OR GENERAL IDEA OF BILL:

To limit the authority or the Port Authority of New York and New
Jersey to unilaterally assess new cargo facility charge(s) on import
and export cargo upon users, ocean common carriers marine terminal
operators, carriers, or rail carriers, as defined in the bill, except
upon mutual agreement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1- adds a new Article VII-A, Cargo Facility Charges, to
section 1 of Chapter 882 of the laws of 1953. Within the new Article,

Section 1 contains definitions

Section 2 provides that notwithstanding any law, rule, regulation or
existing tariff to the contrary, the Port Authority shall not assess a
user, ocean common carrier, marine terminal operator, carrier, or rail
carrier a cargo facility charge on import and export cargo leaving any
marine facility owned or operated by the Port Authority, except that

the Port Authority may assess a user, ocean common carrier, marine
terminal operator, carrier, or rail carrier a cargo facility charge
upon written mutual agreement between the user, ocean common carrier,
marine terminal operator, carrier, or rail carrier and the Port
Authority.

Section 2 - provides that this act shall take effect upon the
enactment into law by the State of New Jersey of legislation having an
identical effect with this act, but if the State of New Jersey shall
have already enacted such legislation, then it shall take effect
immediately; and provided that the Waterfront Commission shall notify
the Legislative Bill Drafting Commission upon the occurrence of the
enactment of the legislation provided for in section one of the act in
order that the Commission may maintain an accurate and timely
effective data base of the official text of laws of the State of New
York in furtherance of effecting the provisions of section 44 of the
Legislative Law and section 70-b of the Public Officers Law,

JUSTIFICATION: It is critically important to the economic health of
New York State that the New York port remain competitive with other
ports around the country, and particularly along the east coast. In
March of 2011, the Port Authority unilaterally imposed a cargo
facility charge (CFC) of $4.95 per twenty foot equivalent unit on
ocean carriers, in the mistaken belief that these charges could be
spread through to other parties importing the goods and on through the
supply chain. No other port in the country charges such a CFC charge.
Unfortunately, the Port Authority of New York and New Jersey w;
already the most expensive port in the country to process a freight
container, with costs now being higher than the next highest port at
Long Beach, California. Ocean carriers have not been able to pass this
new fee on because of the highly competitive nature of their industry.


Unfortunately, the message of this tariff to ocean carriers is that
they are not welcome, and that they will be more competitive bringing
their cargo to another port. Cargo ships are by nature moving vessels
that can choose where they want to take their cargoes, and you can be
sure that if other ports make better economic sense, that is where
these ships will dock.

Passage of this law would be a strong signal that New York State is in
fact open for business and that we are serious about making New York
State economically competitive again.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect upon the enactment into law by the State of
New Jersey of legislation having an identical effect with this act,
but if the State of New Jersey shall have already enacted such
legislation, then it shall take effect immediately; and provided that
the Waterfront Commission shall notify the Legislative Bill Drafting
Commission upon the occurrence of the enactment of the legislation
provided for in section one of the act in order that the Commission
may maintain an accurate and timely effective data base of the
official text of laws of the State of New York in furtherance of
effecting the provisions of section 44 of the Legislative Law and
section 70-b of the Public Officers Law.

2015-S2648 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Section 1 of chapter 882 of the laws of 1953,  constituting
the  waterfront  commission act is amended by adding a new article VII-A
to read as follows:

                              ARTICLE VII-A
                         CARGO FACILITY CHARGES

  1. AS USED IN THIS ARTICLE:
  (A) "BILL OF LADING" MEANS A DOCUMENT EVIDENCING THE RECEIPT OF  GOODS
FOR  SHIPMENT ISSUED BY A PERSON ENGAGED IN THE BUSINESS OF TRANSPORTING
OR FORWARDING GOODS.
  (B) "CARGO FACILITY CHARGE" MEANS ANY  FEE  APPLICABLE  TO  CARGO  AND
CARGO  CONTAINERS DISCHARGED FROM, OR LOADED ONTO, VESSELS AT ANY MARINE
FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY.
  (C) "CARRIER" MEANS A CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C.  S.
13102.
  (D)  "CONTAINER"  MEANS ANY RECEPTACLE, BOX, CARTON, OR CRATE WHICH IS
SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY  USED
FOR THE CARRIAGE OF FREIGHT BY AN OCEAN COMMON CARRIER.
  (E) "MARINE TERMINAL OPERATOR" MEANS ANY PERSON, CORPORATION, PARTNER-
SHIP,  OR ANY BUSINESS ORGANIZATION WHICH SHALL OPERATE AND MAINTAIN ANY
OF THE MARINE TERMINALS ESTABLISHED,  ACQUIRED,  CONSTRUCTED,  REHABILI-
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

AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR
ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY.
  (F)  "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM
IS DEFINED IN 46 U.S.C. S.40102.
  (G) "RAIL CARRIER" MEANS A RAIL CARRIER AS THAT TERM IS DEFINED IN  49
U.S.C. S. 10102.
  (H) "TARIFF" MEANS A MARINE TERMINAL OPERATOR SCHEDULE AS THAT TERM IS
DEFINED IN 46 C.F.R. 525.2.
  (I) "USER" MEANS:
  (1)  ANY PERSON, COMPANY, OR OTHER ENTITY THAT IS NAMED AS THE SHIPPER
OR CONSIGNEE ON THE OCEAN COMMON  CARRIER  BILL  OF  LADING  ISSUED  FOR
EXPORT  OR  IMPORT  CARGO,  OR  ANY  PERSON  OWNING  OR  ENTITLED TO THE
POSSESSION, OR HAVING A PAST OR FUTURE INTEREST IN, THE EXPORT OR IMPORT
CARGO;
  (2) IN THE CASE OF NEGOTIABLE  BILLS  OF  LADING,  ANY  OTHER  PERSON,
COMPANY,  OR  OTHER  ENTITY  THAT  IS  A BONA FIDE HOLDER OF THE BILL OF
LADING OR WHO IS ENTITLED TO RECEIVE DELIVERY OF EXPORT CARGO OR  IMPORT
CARGO; OR
  (3) ANY OTHER BAILOR OF EXPORT OR IMPORT CARGO.
  2.  NOTWITHSTANDING  ANY  LAW, RULE, REGULATION, OR EXISTING TARIFF TO
THE CONTRARY, THE PORT AUTHORITY SHALL NOT ASSESS A USER,  OCEAN  COMMON
CARRIER,  MARINE  TERMINAL  OPERATOR,  CARRIER,  OR RAIL CARRIER A CARGO
FACILITY CHARGE ON IMPORT AND EXPORT CARGO LEAVING ANY  MARINE  FACILITY
OWNED  OR OPERATED BY THE PORT AUTHORITY, EXCEPT THAT THE PORT AUTHORITY
MAY ASSESS A USER,  OCEAN  COMMON  CARRIER,  MARINE  TERMINAL  OPERATOR,
CARRIER,  OR  RAIL  CARRIER  A CARGO FACILITY CHARGE UPON WRITTEN MUTUAL
AGREEMENT BETWEEN THE USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERA-
TOR, CARRIER, OR RAIL CARRIER AND THE PORT AUTHORITY.
  S 2. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation,  then  it  shall take effect immediately; and provided that
the waterfront commission shall notify  the  legislative  bill  drafting
commission  upon  the  occurrence  of  the  enactment of the legislation
provided for in section one of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of laws of the state  of  New  York  in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

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Senate Bill S2648

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Jun 9, 2015 - Finance Committee Vote

Finance Committee Vote: Jun 9, 2015

Feb 2, 2015 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: Feb 2, 2015

2015-S2648 (ACTIVE) - Details

2015-S2648 (ACTIVE) - Summary

2015-S2648 (ACTIVE) - Sponsor Memo

2015-S2648 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2648

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2015-S2648 (ACTIVE) - Details

2015-S2648 (ACTIVE) - Summary

2015-S2648 (ACTIVE) - Sponsor Memo

2015-S2648 (ACTIVE) - Bill Text download pdf

Comments