S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5352
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the public authorities law,  in  relation  to  providing
   milk dealers and agricultural food product transporters with electron-
   ic toll collection devices free of charge

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 378-b to read as follows:
   §  378-B.  MILK AND FARM FOOD PRODUCT TRANSPORT ELECTRONIC TOLLING. 1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "MILK"  SHALL  HAVE  THE  SAME DEFINITION AS SUCH TERM IS DEFINED
 PURSUANT TO SUBDIVISION SEVEN OF SECTION TWO HUNDRED FIFTY-THREE OF  THE
 AGRICULTURE AND MARKETS LAW.
   (B) "FARM FOOD PRODUCT" MEANS:
   (I) LIVESTOCK;
   (II) FRESH PRODUCE;
   (III) MEAT;
   (IV) MILK; AND
   (V) DAIRY PRODUCTS.
   2.  THE  AUTHORITY  SHALL  ESTABLISH  AND  ISSUE  AN  ELECTRONIC  TOLL
 COLLECTION EXEMPTION PROCESS FOR SINGLE UNIT TRUCKS  AND  TRUCKS  HAVING
 TWO  OR  MORE  AXLES  WHICH ARE OWNED AND OPERATED BY A PERSON OR ENTITY
 ENGAGED IN THE PURCHASING, HANDLING OR SELLING OF  MILK  AND  FARM  FOOD
 PRODUCTS, OR WHO BARGAINS FOR THE PURCHASE OR SALE OF MILK AND FARM FOOD
 PRODUCTS,  WHEN SUCH TRUCKS ARE USED EXCLUSIVELY TO FURTHER THE PURCHAS-
 ING, HANDLING, AND SELLING OF MILK AND FARM FOOD PRODUCTS THROUGHOUT THE
 STATE. THE EXEMPTION PROCESS SHALL BE DEVELOPED SUCH  THAT  THE  USE  OF
 ELECTRONIC  COLLECTION  DEVICES  SHALL  BE AT NO COST TO SUCH PERSONS OR
 ENTITIES, AND THE AUTHORITY SHALL BE RESPONSIBLE FOR  THE  COST  OF  THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08528-01-3
              

 A. 5352                             2
 
 TOLL  IMPOSED FOR THE USE OF THE THRUWAY SYSTEM, OR ANY PORTION THEREOF,
 BY THE TRUCK TO WHICH THIS DEVICE IS AFFIXED.
   3.  THE  AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
 THE PROVISIONS OF THIS  SECTION,  INCLUDING  ESTABLISHING  THE  TYPE  OF
 DOCUMENTATION  OR  OTHER  PROOF REQUIRED TO PROVE THAT A TRUCK IS EXCLU-
 SIVELY USED TO FURTHER THE PURCHASING, HANDLING, AND SELLING OF MILK AND
 FARM FOOD PRODUCTS THROUGHOUT THE STATE.
   4. THE DEPARTMENT OF TRANSPORTATION IS HEREBY AUTHORIZED AND  DIRECTED
 TO CREATE A FUND, SUBJECT TO AN APPROPRIATION, WHICH SHALL BE DESIGNATED
 AS  THE  FARM  FOOD  PRODUCT TOLL REIMBURSEMENT FUND. SUCH FUND SHALL BE
 USED FOR THE PURPOSE OF REIMBURSING THE THRUWAY AUTHORITY AND THE METRO-
 POLITAN TRANSPORTATION AUTHORITY IN THE EXECUTION OF THE TOLL  EXEMPTION
 PROCESS  ESTABLISHED  PURSUANT  TO  THIS SECTION. UPON RECEIPT OF PROPER
 DOCUMENTATION SHOWING COSTS INCURRED BY THE THRUWAY  AUTHORITY  AND  THE
 METROPOLITAN  TRANSPORTATION AUTHORITY, THE DEPARTMENT SHALL MAKE DEPOS-
 ITS FROM THE FARM FOOD PRODUCT TOLL REIMBURSEMENT  FUND  TO  FUNDS  DULY
 CREATED  BY  THE  THRUWAY  AUTHORITY AND THE METROPOLITAN TRANSPORTATION
 AUTHORITY FOR THE PURPOSE OF EFFECTUATING  SUCH  REIMBURSEMENT  PROCESS,
 PURSUANT  TO  SECTIONS  THREE  HUNDRED  FIFTY-FOUR  AND ONE THOUSAND TWO
 HUNDRED SIXTY-FIVE OF THIS CHAPTER, RESPECTIVELY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment,  and/or  repeal of any rule or regulation necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and completed on or before such effective date.