|SAME AS||SAME AS S02640|
|Amd §174, Nav L|
|Relates to license fees per barrel of petroleum shipped through the state for use outside state by facilities within 1 mile of a similar facility in another state.|
|01/10/2017||referred to environmental conservation|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A972 SPONSOR: Cusick
TITLE OF BILL: An act to amend the navigation law, in relation to license fees per barrel of petroleum   PURPOSE OR GENERAL IDEA OF BILL: To establish a more competitive level playing field for certain oil storage facilities located near out of state locations.   SUMMARY OF SPECIFIC PROVISIONS: Section 1- Amends the navigation law by restoring oil spill fund licens- ing fees to pre-2015 levels for certain storage facilities. Section 2 - Amends the navigation law by restoring the credit for barrels of product transferred through a facility in New York and then exported out of state for certain storage facilities.   JUSTIFICATION: For far too long, New York's working families and businesses have suffered from a disproportionate and unfair taxation system wherein competitive interests in New Jersey have an overwhelming advantage. Nowhere is there a more egregious example of this disproportionality than the ever-increasing bridge tolls in and out of New York City, particularly on Staten Island. As a result of a dramatic increase of oil-by-rail shipments, in 2015 a new state law changed the way in which the state's so-called "Oil Spill Fund" is funded by increasing license fees across the state for facili- ties that transfer and store petroleum products. The stated intent of the new law is to mitigate risk associated with the volume of crude oil being transported through New York by rail and create a funding stream for first responder training and equipment associated with the shipment of oil by rail. The vast amount of crude oil storage facilities are located upstate, and none are located within the New York City Metropolitan area. The new fee increase aims to address problems created by upstate crude oil trans- port, but places downstate non-crude oil storage facilities at a distinct competitive disadvantage, particularly those located near New Jersey ports who pay no oil spill fees. Having much the same adverse impact of bridge tolls, the increase in the oil spill license fee on non-crude facilities will cause many shippers to leave New York for New Jersey, where there are more than a dozen terminals willing to capitalize on their lower tax rate. Another fee increase will ultimately lead to the closure of New York terminals and the loss of quality jobs as these businesses move to New Jersey, a common occurrence we must not allow to continue. This bill would simply reset the license fee for certain downstate terminals to pre-2015 levels making them more competitive with similar operators in New Jersey.   PRIOR LEGISLATIVE HISTORY: 2016: S.6233 - Passed Senate / A.8628 - Referred to Environmental Conservation   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 972 2017-2018 Regular Sessions IN ASSEMBLY January 10, 2017 ___________ Introduced by M. of A. CUSICK, TITONE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the navigation law, in relation to license fees per barrel of petroleum The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4 of section 174 of the navi- 2 gation law, as amended by section 1 of part X of chapter 58 of the laws 3 of 2015, is amended to read as follows: 4 (a) The license fee shall be nine and one-half cents per barrel trans- 5 ferred, unless the major facility is located within one mile of a facil- 6 ity in an adjoining state, which if such facility in another state was 7 located in this state would be a major facility, then such fee shall be 8 one cent per barrel transferred, provided, however, that the fee on any 9 barrel, including any products derived therefrom, subject to multiple 10 transfer, shall be imposed only once at the point of first transfer. 11 Provided further, the license fee for major facilities that (i) transfer 12 barrels for their own use, and (ii) do not sell or transfer the product 13 subject to such license fee, shall be eight cents. In each fiscal year 14 following any year in which the balance of the account established by 15 paragraph (a) of subdivision two of section one hundred seventy-nine of 16 this article equals or exceeds forty million dollars, no license fee 17 shall be imposed unless (a) the current balance in such account is less 18 than thirty-five million dollars or (b) pending claims against such 19 account exceed fifty percent of the existing balance of such account. In 20 the event of either such occurrence and upon certification thereof by 21 the state comptroller, the administrator shall within ten days of the 22 date of such certification reimpose the license fee, which shall take 23 effect on the first day of the month following such relevy. The rate may 24 be set at less than nine and one-half cents per barrel transferred if 25 the administrator determines that the revenue produced by such lower EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02243-01-7A. 972 2 1 rate shall be sufficient to pay outstanding claims against such account 2 within one year of such imposition of the license fee. Should such 3 account exceed forty million dollars, as a result of interest, the 4 administrator and the commissioner of environmental conservation shall 5 report to the legislature and the governor concerning the options for 6 the use of such interest. The fee established by this paragraph shall 7 not be imposed upon any barrel which is transferred to a land based 8 facility but thereafter exported from this state for use outside the 9 state and is shipped to facilities outside the state regardless of 10 whether the delivery or sale of such petroleum occurs in this state. 11 § 2. Subdivision 4 of section 174 of the navigation law is amended by 12 adding a new paragraph (e) to read as follows: 13 (e) Notwithstanding paragraph (d) of this subdivision, the surcharge 14 established by paragraph (b) of this subdivision shall be one and one- 15 half cents per barrel for any barrel that is transferred into a major 16 facility located within one mile of a facility in an adjoining state, 17 which if such facility in another state was located in this state would 18 be a major facility, and thereafter exported from this state for use 19 outside the state as described by paragraph (a) of this subdivision. 20 § 3. This act shall take effect immediately.