What's happening
This bill prohibits the Port Authority from charging cargo facility fees on import and export cargo unless mutually agreed upon in writing.
Why it matters
Restricts the Port Authority’s ability to unilaterally impose cargo facility charges. , meaning importers, exporters, carriers, and terminal operators gain more predictability and negotiating power over fees, which could lower costs or improve transparency.
Potentially lowers the cost of shipping goods through New York and New Jersey ports. , which could benefit businesses and consumers by reducing expenses associated with importing or exporting goods.
Requires explicit, written mutual agreement before any cargo facility charges can be assessed. , increasing accountability and ensuring all affected parties consent to new or increased fees, possibly fostering better relationships between the Port Authority and port users.
Relies on New Jersey passing matching legislation before taking effect. , highlighting the bi-state nature of the Port Authority and ensuring that rules remain consistent across both states, which matters for regional commerce and legal clarity.
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Who cares
Headline styles
Limit Port Cargo Fees
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Port Cargo Fees
In Senate Committee · Corporations, Authorities And Commissions · Sponsor Michael H. Ranzenhofer
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4702
2017-2018 Regular Sessions
IN ASSEMBLY
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 Assembly, 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, partnership, or any business organization which shall operate and maintain any of the marine terminals established, acquired, constructed, rehabilitated, 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 operator, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.