S T A T E   O F   N E W   Y O R K
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                                 7737--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M. of A. TITONE, CUSICK -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance with Assembly Rule 3, sec. 2 -- reported and
  referred to the Committee on Ways and Means -- reported  and  referred
  to the Committee on Rules -- Rules Committee discharged, bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN  ACT to amend the navigation law, in relation to the rates set by the
  Sandy Hook pilots surcharge board

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

  Section 1. Paragraph (e) of subdivision 4 of section 88 of the naviga-
tion  law,  as  added  by chapter 235 of the laws of 1999, is amended to
read as follows:
  (e) There is hereby created a segregated fund to be known as the capi-
tal expense fund. Such segregated fund shall be initially funded by  the
increase  in  the  base  pilotage  tariff  as  set  forth in item (A) of
subclause one of clause (ii) of subparagraph one  of  paragraph  (b)  of
this  subdivision  by  not more than seventy-five dollars per ship. Such
surcharge, upon annual review and approval  of  the  Sandy  Hook  pilots
surcharge  board, shall be imposed and used for the purposes of funding,
after the payment of reasonable and necessary expenses, capital expendi-
tures including: the payment of outstanding debt related to the reengin-
ing of the pilot boat  Sandy  Hook;  the  payment  of  outstanding  debt
related  to  the  rebuilding  of the bulkhead and pier at the Sandy Hook
Pilot base at Staten Island, New York; the payment of  outstanding  debt
related  to and the extraordinary repairs to the pilot boat New York; to
secure four new pilot launches; and to fund  all  extraordinary  capital
expenses  (those  beyond  normal  operating  expenses)  approved  by the
surcharge board along with portable DGPS pilot units, if  deemed  appro-
priate by the surcharge board.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11286-03-6

              

A. 7737--A                          2

  Such surcharge may fund similar future expenditures upon annual review
and  approval  of  the  Sandy  Hook pilot surcharge board. The surcharge
board may set the rate not to exceed  [one  hundred  twenty-five]  THREE
HUNDRED  dollars  per  ship. The surcharge board is hereby authorized to
reduce or suspend payment of the surcharge set forth herein to take into
account  any monies dedicated or awarded to the pilot capital needs from
sources other than the tariff and surcharges set forth in this article.
  S 2.  This act shall take effect immediately; provided,  however,  the
current  surcharge rate may not be increased by more than ten percent of
the maximum authorized surcharge in each of the  two  one  year  periods
following  such effective date unless there is a specific declaration by
the surcharge board of an emergency need.