S T A T E O F N E W Y O R K
I N S E N A T E
January 8, 2014
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation
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:
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.
(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.
(F) "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM
IS DEFINED IN 46 U.S.C. S.40102.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6156 2
(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
(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
(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.