senate Bill S2192

Relates to the transportation of bulk milk

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 04 / Jun / 2013
    • 1ST REPORT CAL.958
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 11 / Feb / 2014
    • 1ST REPORT CAL.162
  • 26 / Feb / 2014
    • 2ND REPORT CAL.
  • 27 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 24 / Mar / 2014
    • PASSED SENATE
  • 24 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 24 / Mar / 2014
    • REFERRED TO AGRICULTURE

Summary

Allows the department of transportation, in conjunction with the department of agriculture and markets, to investigate and resolve any barriers to bulk milk transportation; enables the state department of transportation and the NYC department of transportation to jointly establish weight standards for bulk milk haulers traveling within NYC.

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Bill Details

Versions:
S2192
Legislative Cycle:
2013-2014
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §385, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S774
2009-2010: S2478

Sponsor Memo

BILL NUMBER:S2192

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the powers and duties of the commissioner; and to amend the
vehicle and traffic law in relation to the transportation of bulk milk

PURPOSE OR GENERAL IDEA OF BILL: To allow the Departments of Agricul-
ture and Markets and Transportation to investigate and resolve any
unreasonable barriers to milk transportation in New York City and Long
Island.

SUMMARY OF PROVISIONS: Amends section 15 of the Agriculture and Markets
Law, and section 385 of the Vehicle and Traffic Law.

JUSTIFICATION: Current restrictions on bulk milk haulers are having a
devastating effect on dairy operations on Long Island and in New York
City. The State and City need to work together to resolve this issue and
permit New York's dairy operations to continue their important role in
delivering Upstate New York farm milk to consumers through stores,
schools, medical facilities and other institutions in New York City.

This legislation will allow the Department of Transportation, in
conjunction with the Department of Agriculture and Markets, to investi-
gate and resolve any barriers to bulk milk transportation. Addi-
tionally, this legislation will enable the State Department of Transpor-
tation and the City Department of Transportation to jointly establish
weight standards for bulk milk haulers traveling within New York City.

PRIOR LEGISLATIVE HISTORY: 2011, 2012: S.774 Referred to Agriculture
2009, 2010: S.2478/A.10901 Reported to Finance 2008: S.7611/A.10634
Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  2192

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  BONACIC,  RANZENHOFER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  powers and duties of the commissioner; and to amend  the  vehicle  and
  traffic law in relation to the transportation of bulk milk

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 16 of the agriculture and  markets
law,  such  section  as renumbered by chapter 16 of the laws of 1935, is
amended to read as follows:
  4.  Investigate  the  sources  of  food  supply  for  the  state,  the
production,  transportation, storage, marketing and distribution of food
sold, offered for sale, stored or held within the  state,  the  cost  OR
BARRIERS  of  transportation to the leading centers of population and of
distribution to consumers.
  S 2. Subdivision 11 of section 16 of the agriculture and markets  law,
as  amended  by  chapter  267 of the laws of 1970, is amended to read as
follows:
  11. Co-operate with the commissioner of transportation with  the  view
of  obtaining  suitable,  expeditious  and economical facilities for the
shipment of food, and recommend as to the action to  be  taken  by  such
commissioner to avoid and prevent unfair discrimination in such shipment
and unreasonable delay OR BARRIERS in the transportation thereof, and to
obtain fair and reasonable rates for such transportation.
  S 3. Paragraph (d) of subdivision 15 of section 385 of the vehicle and
traffic law, as amended by section 3 of part C of chapter 59 of the laws
of 2004, is amended to read as follows:
  (d)  Except  during storms, floods, fires or other public emergencies,
no such permit may be issued to include  a  towing  operation  involving
more than two vehicles except three vehicle combinations consisting of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06489-01-3

S. 2192                             2

tractor,  semitrailer  and  trailer or a tractor and two trailers within
legal weight and width limits proceeding to or from any qualifying high-
way or access highway. Every such permit may designate the route  to  be
traversed and contain any other restrictions or conditions deemed neces-
sary by the issuing authority. Every such permit shall be carried on the
vehicle  to  which  it refers and shall be open to the inspection of any
peace officer, acting pursuant to his special duties, or police officer,
or any other officer or employee authorized to enforce this section. All
permits issued shall be revocable by the authority issuing them  at  the
discretion  of the authority without a hearing or the necessity of show-
ing cause. Except for a  vehicle  having  a  maximum  gross  weight  not
exceeding eighty thousand pounds without regard to any axle weight limi-
tation  set  forth herein or the maximum gross weight established by the
formula commonly referred to as the  bridge  formula  as  set  forth  in
subdivision  ten  of  this  section and except for state or municipally-
owned single vehicles engaged in snow and  ice  control  operations,  or
designed  or fitted for snow and ice control operations while engaged in
other public works operations on public highways which do not exceed the
weight limits contained in subdivision seventeen-a of this  section,  no
permit  shall be issued to allow operation or movement of any vehicle or
combination of vehicles whose weight exceeds the  limitations  otherwise
prescribed  in  this section other than an annual permit issued pursuant
to paragraph (f) of this  subdivision  except  upon  a  finding  by  the
department  of  transportation or the appropriate authority, as the case
may be, that the load proposed is of one  piece  or  item  or  otherwise
cannot  be  separated  into units of less weight provided, however, that
any such permit issued upon such finding shall  not  be  valid  for  the
operation  or  movement  of  such vehicles on any state or other highway
within any city not wholly included within one county.  PROVIDED, HOWEV-
ER, A PERMIT FOR THE TRANSPORTATION OF BULK MILK SHALL BE VALID  ON  ANY
STATE  OR  OTHER HIGHWAY UNLESS SUCH VEHICLE OR ANY COMBINATION OF VEHI-
CLES TRANSPORTING SUCH MILK EXCEEDS LIMITATIONS ON SUCH STATE  OR  OTHER
HIGHWAY  AS DETERMINED BY THE DEPARTMENT OF TRANSPORTATION OR WITHIN ANY
CITY NOT WHOLLY CONTAINED WITHIN ONE COUNTY BY THE DEPARTMENT OF  TRANS-
PORTATION  AND  THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY. Bulk milk
may be considered one piece or item.
  S 4. This act shall take effect immediately.

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