Establishes a 90 day application period for the issuance of temporary authority or emergency temporary authority that relates to a specific event in the state, except when event will be held in less than 90 days; specifies what must be included in an application and the commissioner's responsibilities with respect to such application.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the transportation law, in relation to issuance of temporary authority
This bill requires the department of transportation to provide carriers with adequate notice of the filing of an application for temporary authority or emergency temporary authority.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subdivision 10 to section 153 of the transportation law. The new subdivision requires certain applications for temporary authority to be submitted to the department of transportation in a timely manner and requires the department to provide adequate notice to carriers.
Section 2 of the bill is the effective date.
In 2013, the Professional Golf Association (PGA) held its PGA Championship in Rochester, NY. The event was a success for upstate businesses and communities generating a $102 million economic impact and drawing 225,000 spectators with visitors coming from as far as 100 miles away.
With respect to transportation services for the tournament, most of the services were provided by an out-of-state transportation vendor that had to apply to the Department of Transportation (DOT) for emergency temporary authority in order to provide the services. Under current law, emergency temporary authority can be applied for just three days prior to the start of an event.
Although the dates of the PGA Championship were scheduled well in advance, the out-of-state transportation vendor still applied for temporary authority on an emergency basis. This creates two problems. First, the short timeframe can compromise the DOT's ability to conduct its review of the applicant to make sure that the applicant (i) is ready and able to provide the services, (ii) has the proper insurances, and (iii) has vehicles that meet NYS inspection standards. Second, it effectively precludes other carriers from pursuing the business opportunity to provide transportation services at the event.
In the case of the PGA Championship in Rochester, local in-state carriers had fleets available and could have fulfilled the need for transportation services on the dates of the tournament, but because of the emergency nature of the temporary authority, these local carriers were unaware of the PGA's needs for the event. This effectively precluded local in-state carriers from trying to obtain the transportation business for the PGA tournament.
This bill addresses the flaws in the current system for DOT issuance of temporary authority as applied to specific events scheduled within the State.
First, the legislation requires applications for specific events to be submitted to DOT at least 90 days prior to the start of the event (unless it is impossible for the applicant to meet the 90-day deadline). Secondly, this bill requires DOT to provide notice to carriers when such an application is submitted. By providing this notice, other carriers will be made aware of the transportation needs in the local area and, consequently, will have a better opportunity to compete for the needed transportation services.
Had these common-sense provisions been in place at the time of the PGA Championship in Rochester, more local carriers would have benefitted from the tournament and the local economic impact of the tournament could have been even greater.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect on the 90th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6627 IN SENATE February 19, 2014 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to issuance of temporary authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 153 of the transportation law, is amended by adding a new subdivision 10 to read as follows: 10. (A) AN APPLICATION FOR TEMPORARY AUTHORITY OR EMERGENCY TEMPORARY AUTHORITY THAT RELATES TO A SPECIFIC EVENT SCHEDULED WITHIN THE STATE MUST BE SUBMITTED TO THE DEPARTMENT AT LEAST NINETY DAYS PRIOR TO THE START OF SUCH SCHEDULED EVENT; PROVIDED HOWEVER, THAT THE DEPARTMENT MAY ALLOW THE SUBMISSION OF SUCH AN APPLICATION AT LEAST THIRTY DAYS PRIOR TO THE START OF A SCHEDULED EVENT SO LONG AS THE SPONSOR OF THE EVENT DEMONSTRATES TO THE SATISFACTION OF THE DEPARTMENT THAT THE DATES OF THE EVENT PRECLUDE THE SPONSOR FROM SUBMITTING THE APPLICATION AT LEAST NINETY DAYS PRIOR TO THE EVENT. (B) WITHIN TWENTY-FOUR HOURS OF RECEIPT OF ANY APPLICATION FOR TEMPO- RARY AUTHORITY OR EMERGENCY TEMPORARY AUTHORITY, THE COMMISSIONER SHALL PROVIDE CONSPICUOUS NOTICE OF SUCH APPLICATION ON THE DEPARTMENT'S WEBSITE AND, IF SUCH APPLICATION RELATES TO A SPECIFIC EVENT SCHEDULED WITHIN THE STATE, MAKE OTHER REASONABLE EFFORTS TO NOTIFY CARRIERS IN THE GEOGRAPHIC AREA OF THE SCHEDULED EVENT OF THE SUBMISSION OF SUCH APPLICATION. THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL INCLUDE, AT A MINIMUM, (I) THE APPLICANT'S NAME AND ADDRESS, (II) THE TYPE OF APPLICA- TION, AND (III) THE ROUTES OR TERRITORY REQUESTED. IF THE APPLICATION IS FOR A SPECIFIC EVENT SCHEDULED WITHIN THE STATE, THEN SUCH NOTICE SHALL ALSO INCLUDE THE NAME OF SUCH EVENT, THE LOCATION AND DATES OF SUCH EVENT, THE SPONSOR OF THE EVENT, AND THE NAME, ADDRESS, PHONE NUMBER AND EMAIL ADDRESS OF THE EVENT SPONSOR OR THE EVENT SPONSOR'S BROKER FOR TRANSPORTATION SERVICES IN CONNECTION WITH SUCH EVENT. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided however that, effective immediately, the department of transportation is authorized and directed to add, amend and/or repeal any rule or regulation necessary for the implementation of this act on its effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14059-01-4