S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4702
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M. of A. CUSICK, ORTIZ, TITONE -- 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.

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

                                                            LBD08913-02-7

 A. 4702                             2
 
   (F)  "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM
 IS DEFINED IN 46 U.S.C. S.40102.
   (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.
   §  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 effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.