A07737 Summary:

Amd S88, Nav L
Relates to the rates set by the Sandy Hook pilots surcharge board.
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A07737 Actions:

05/26/2015referred to transportation
01/06/2016referred to transportation
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A07737 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Titone (MS)
  TITLE OF BILL: An act to amend the navigation law, in relation to the rates set by the Sandy Hook pilots surcharge board   PURPOSE OR IDEA OF GENERAL BILL: The legislation would increase the per ship cap on the Safety, On-going Education and Training and Capital Expense Fund for use by the Sandy Hook Pilots to help fund necessary capital expenditures.   SUMMARY OF SPECIFIC PROVISIONS: This legislation amends § 88 of the Navigation Law to adjust the cap from $125 to $300 on the Capital Expense Surcharge which is used to fund the Safety, On-going Education and Training and Capital Expense Fund.   JUSTIFICATION: Established in 1999, the Safety, On-going Education and Training and Capital Expense Fund supports various capital, education and enhanced safety equipment projects needed to assure the safety and soundness of the pilotage services in the Port of New York and New Jersey. This legislation represents the first increase in the cap since its incep- tion. Recent events have led to increased capital demands which could not have been anticipated and outstrip the current possible revenue available to the fund. Superstorm Sandy caused severe damage to the bulkhead and pier and led to the demolition of the Pilot Base Station on Staten Island (which is currently being rebuilt). The bulkhead and pier repairs have exceeded two million dollars. The consequence is that the current cap has virtually been reached. The 43-year old pilot boat NEW YORK which has already served beyond its predicted life cycle must be replaced. In order to be in position to finance the replacement of the NEW YORK, the cap must be increased. The fund surcharge will continue to be successfully monitored and adjusted by the Sandy Hook Pilots' Surcharge Board in close consultation with industry. The Surcharge Board is charged with approving necessary increases and decreases of the surcharge. Its review is based on the capital needs and availability of other funding sources.   LEGISLATIVE HISTORY: New legislation   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately
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A07737 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      May 26, 2015
        Introduced  by  M. of A. TITONE, CUSICK -- read once and referred to the
          Committee on Transportation
        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:
     1    Section 1. Paragraph (e) of subdivision 4 of section 88 of the naviga-
     2  tion law, as added by chapter 235 of the laws of  1999,  is  amended  to
     3  read as follows:
     4    (e) There is hereby created a segregated fund to be known as the capi-
     5  tal  expense fund. Such segregated fund shall be initially funded by the
     6  increase in the base pilotage  tariff  as  set  forth  in  item  (A)  of
     7  subclause  one  of  clause  (ii) of subparagraph one of paragraph (b) of
     8  this subdivision by not more than seventy-five dollars  per  ship.  Such
     9  surcharge,  upon  annual  review  and  approval of the Sandy Hook pilots
    10  surcharge board, shall be imposed and used for the purposes of  funding,
    11  after the payment of reasonable and necessary expenses, capital expendi-
    12  tures including: the payment of outstanding debt related to the reengin-
    13  ing  of  the  pilot  boat  Sandy  Hook;  the payment of outstanding debt
    14  related to the rebuilding of the bulkhead and pier  at  the  Sandy  Hook
    15  Pilot  base  at Staten Island, New York; the payment of outstanding debt
    16  related to and the extraordinary repairs to the pilot boat New York;  to
    17  secure  four  new  pilot launches; and to fund all extraordinary capital
    18  expenses (those  beyond  normal  operating  expenses)  approved  by  the
    19  surcharge  board  along with portable DGPS pilot units, if deemed appro-
    20  priate by the surcharge board.
    21    Such surcharge may fund similar future expenditures upon annual review
    22  and approval of the Sandy Hook  pilot  surcharge  board.  The  surcharge
    23  board  may  set  the  rate not to exceed [one hundred twenty-five] three
    24  hundred dollars per ship. The surcharge board is  hereby  authorized  to
    25  reduce or suspend payment of the surcharge set forth herein to take into
    26  account  any monies dedicated or awarded to the pilot capital needs from
    27  sources other than the tariff and surcharges set forth in this article.
    28    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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