S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4079--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced by Sens. HINCHEY, GALLIVAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   recommitted  to  the  Committee  on  Transportation in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public authorities law, in relation to directing the
   New  York  state  thruway authority to establish a farm E-Z Pass which
   grants discounted tolls for certain motor  vehicles  used  by  persons
   engaged in agricultural production
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 378-b to read as follows:
   §  378-B.  FARM  E-Z  PASS. 1. THE AUTHORITY SHALL ESTABLISH AND ISSUE
 ELECTRONIC TOLL COLLECTION DEVICES TO PROVIDE A DISCOUNT  ON  TOLLS  FOR
 MOTOR  VEHICLES  THAT ARE OWNED AND OPERATED BY A FARM OR FARMER AND ARE
 USED EXCLUSIVELY  FOR  THE  TRANSPORTATION  OF  QUALIFYING  AGRICULTURAL
 PRODUCTS,  AND  THE  FARM OR FARMER WOULD BENEFIT FROM A TOLL COLLECTION
 DISCOUNT DUE TO FINANCIAL  HARDSHIP.  QUALIFYING  AGRICULTURAL  PRODUCTS
 INCLUDE THOSE CONSISTING OF CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS,  AS
 DEFINED    IN   SUBDIVISION   TWO   OF SECTION  THREE HUNDRED ONE OF THE
 AGRICULTURE AND MARKETS LAW.  FOR THE PURPOSES OF  THIS  SECTION,  MOTOR
 VEHICLES  MAY  INCLUDE PASSENGER CARS, VANS, PICKUPS, BUSES, SINGLE-UNIT
 TRUCKS, SINGLE-TRAILER TRUCKS HAVING TWO OR MORE  AXLES,  OR  ANY  OTHER
 VEHICLE  THE  AUTHORITY  DEEMS  TO  BE OF EQUIVALENT SIZE AND PURPOSE TO
 QUALIFY FOR THE PROGRAM.   THE USE OF SUCH  ELECTRONIC  TOLL  COLLECTION
 DEVICES  SHALL  PROVIDE A DISCOUNT ON THE TOLL OTHERWISE IMPOSED FOR THE
 USE OF THE THRUWAY SYSTEM, OR ANY PORTION THEREOF, BY THE MOTOR  VEHICLE
 TO  WHICH  THE  DEVICE IS AFFIXED.   EACH MOTOR VEHICLE APPROVED FOR THE
 FARM E-Z PASS GRANT SHALL BE CHARGED AT A DISCOUNTED RATE  AS  DESCRIBED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION THROUGH THE LICENSE PLATE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08325-06-2
              

 S. 4079--A                          2
 
 MOTOR  VEHICLES  PROVIDED  DURING  THE  INITIAL   APPLICATION   PROCESS.
 DISCOUNTS  SHALL  BE  AWARDED TO FARMS OR FARMERS EXPERIENCING FINANCIAL
 HARDSHIP BASED ON A TIERED SYSTEM STANDARD  WHICH  SHALL  BE  IN  EFFECT
 WITHIN  ONE  YEAR  FROM  THE EFFECTIVE DATE OF THIS SECTION.  APPLICANTS
 SHALL REAPPLY ANNUALLY.
   2. THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT  OF  AGRICULTURE
 AND  MARKETS, SHALL REVIEW THE SIZE OF EACH FARM APPLICANT AND DETERMINE
 WHETHER SUCH APPLICANT IS EXPERIENCING FINANCIAL HARDSHIP. THE  AUTHORI-
 TY,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND MARKETS,
 SHALL MAKE SIZE AND  HARDSHIP  DETERMINATIONS  BY  REVIEWING  EACH  FARM
 APPLICANT'S ANNUAL SALES, COSTS, AND REVENUE, THE NUMBER OF CROPS, LIVE-
 STOCK,  AND/OR LIVESTOCK PRODUCTS NEEDED TO TRANSPORT, AND THE AMOUNT OF
 OVERALL PRODUCTION. THE TIERS SHALL BE DETERMINED AS FOLLOWS:
   (A) FIRST-TIER: MICRO FARMS SHALL BE LIMITED TO ONE SMALL-SIZED  MOTOR
 VEHICLE  AND  SHALL  BE    DISCOUNTED  ONE HUNDRED PERCENT OF THEIR TOLL
 EXPENSES.
   (B) SECOND-TIER: SMALL-SIZED FARMS SHALL BE LIMITED TO ONE SMALL-SIZED
 MOTOR VEHICLE AND ONE MEDIUM-SIZED MOTOR VEHICLE AND SHALL BE DISCOUNTED
 SEVENTY-FIVE PERCENT OF THEIR TOLL EXPENSES.
   (C) THIRD-TIER: MEDIUM-SIZED FARMS SHALL BE  LIMITED  TO  TWO  MEDIUM-
 SIZED MOTOR VEHICLES AND SHALL BE DISCOUNTED FIFTY PERCENT OF THEIR TOLL
 EXPENSES.
   (D)  FOURTH-TIER:  LARGE-SIZED  FARMS  SHALL BE LIMITED TO TWO MEDIUM-
 SIZED AND ONE LARGE-SIZED MOTOR VEHICLE AND SHALL BE DISCOUNTED  TWENTY-
 FIVE PERCENT OF THEIR TOLL EXPENSES.
   3.  THE  AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE
 AND MARKETS, SHALL PROMULGATE RULES AND  REGULATIONS  TO  IMPLEMENT  THE
 PROVISIONS  OF THIS SECTION, INCLUDING DETERMINING THE APPLICATION PROC-
 ESS AND ESTABLISHING THE TYPE OF DOCUMENTATION OR OTHER  PROOF  REQUIRED
 TO  PROVE  THAT  A  MOTOR  VEHICLE  IS  EXCLUSIVELY  USED TO FURTHER THE
 CONDUCTING OF THE PRODUCTION OF CROPS, LIVESTOCK, LIVESTOCK PRODUCTS, OR
 AGRICULTURAL PRODUCTS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, any rules  and  regu-
 lations  necessary to implement the provisions of this act on its effec-
 tive date are authorized to be completed on or before such date.