Assembly Bill A9546

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

                                  9546

                          I N  A S S E M B L Y

                               May 6, 2014
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Corporations, Authorities 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
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.
                                                           LBD13087-01-3
              

A. 9546                             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
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.
  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.