senate Bill S774

2011-2012 Legislative Session

Relates to the transportation of bulk milk

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to agriculture
Jan 05, 2011 referred to agriculture

Co-Sponsors

S774 - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §385, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S2478

S774 - Bill Texts

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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 NUMBER:S774

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
Agriculture 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 16 of the Agriculture and Markets and Transportation
to investigate and resolve any unreasonable barriers to milk
transportation in New York City and Long Island.

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
investigate and resolve any barriers to bulk milk transportation.
Additionally, this legislation will enable the State Department of
Transportation and the City Department of Transportation to jointly
establish weight standards for bulk milk haulers traveling within New
York City.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.2478/A.10901 - Reported to Finance
2008: S.7611/A.10634 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   774

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03453-01-1

S. 774                              2

more than two vehicles except three vehicle combinations consisting of a
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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