NY State Senate Bill 2017-S3710

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 03, 2018	referred to corporations, authorities and commissions
May 23, 2017	reported and committed to finance
Jan 26, 2017	referred to corporations, authorities and commissions

Votes

- May 23, 2017 - Corporations, Authorities And Commissions Committee Vote
  S3710
  
  3
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 23, 2017
      
      aye (3)
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      nay (1)
      
      Alcantara
      
      aye wr (3)
      
      Amedore
      
      Comrie
      
      Squadron

2017-S3710 (ACTIVE) - Details

See Assembly Version of this Bill:: A4702
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
2015-2016: S2648, A2070

2017-S3710 (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.

2017-S3710 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3710

 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 of 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 ArticleVll-A, Cargo Facility Charges, to
section 1 of Chapter 882 of the Laws of 1953. Within the new Article,
Section 1 contains definitions, and 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 was already the most expensive
port in the country to process a freight container, with costs now
being approximately 18% 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 :

2015-16 - S.2648/A.2070 - RULES/CORPORATIONS/Corporations

 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.

2017-S3710 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3710
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 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.
                                                            LBD08913-02-7

 S. 3710                             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.
   § 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  effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.

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Senate Bill S3710

Sponsored By

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

May 23, 2017 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: May 23, 2017

2017-S3710 (ACTIVE) - Details

2017-S3710 (ACTIVE) - Summary

2017-S3710 (ACTIVE) - Sponsor Memo

2017-S3710 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3710

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Sponsored By

Michael H. Ranzenhofer

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

2017-S3710 (ACTIVE) - Details

2017-S3710 (ACTIVE) - Summary

2017-S3710 (ACTIVE) - Sponsor Memo

2017-S3710 (ACTIVE) - Bill Text download pdf

Comments