A07737 Summary:

BILL NOA07737A
 
SAME ASSAME AS S05660-A
 
SPONSORTitone
 
COSPNSRCusick, Saladino
 
MLTSPNSR
 
Amd 88, Nav L
 
Relates to the rates set by the Sandy Hook pilots surcharge board.
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A07737 Actions:

BILL NOA07737A
 
05/26/2015referred to transportation
01/06/2016referred to transportation
06/06/2016reported referred to ways and means
06/08/2016reported referred to rules
06/08/2016amend and recommit to rules 7737a
06/14/2016reported
06/14/2016rules report cal.228
06/14/2016ordered to third reading rules cal.228
06/15/2016substituted by s5660a
 S05660 AMEND=A SAVINO
 05/26/2015REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
 01/06/2016REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
 05/24/20161ST REPORT CAL.1078
 05/25/20162ND REPORT CAL.
 06/01/2016ADVANCED TO THIRD READING
 06/08/2016AMENDED ON THIRD READING 5660A
 06/14/2016PASSED SENATE
 06/14/2016DELIVERED TO ASSEMBLY
 06/14/2016referred to ways and means
 06/15/2016substituted for a7737a
 06/15/2016ordered to third reading rules cal.228
 06/15/2016passed assembly
 06/15/2016returned to senate
 08/30/2016DELIVERED TO GOVERNOR
 09/09/2016SIGNED CHAP.313
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A07737 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7737A
 
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. The rate may not go up by more than 10 percent of the maximum authorized surcharge in each of the first two years.   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
        ________________________________________________________________________
 
                                         7737--A
 
                               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 -- recommitted to the Committee on  Trans-
          portation  in  accordance with Assembly Rule 3, sec. 2 -- reported and
          referred to the Committee on Ways and Means -- reported  and  referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11286-03-6

        A. 7737--A                          2
 
     1    Such surcharge may fund similar future expenditures upon annual review
     2  and  approval  of  the  Sandy  Hook pilot surcharge board. The surcharge
     3  board may set the rate not to exceed  [one  hundred  twenty-five]  three
     4  hundred  dollars  per  ship. The surcharge board is hereby authorized to
     5  reduce or suspend payment of the surcharge set forth herein to take into
     6  account  any monies dedicated or awarded to the pilot capital needs from
     7  sources other than the tariff and surcharges set forth in this article.
     8    § 2.  This act shall take effect immediately; provided,  however,  the
     9  current  surcharge rate may not be increased by more than ten percent of
    10  the maximum authorized surcharge in each of the  two  one  year  periods
    11  following  such effective date unless there is a specific declaration by
    12  the surcharge board of an emergency need.
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