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

                                  2070

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of A. CUSICK, ORTIZ -- read once and referred to the
  Committee on Corporations, Authorities 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
AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR
ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07045-01-5
              

A. 2070                             2

  (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.