Blankenbush, Bendett, Hawley, DiPietro, Tague, Norris, Giglio JM, Miller
MLTSPNSR
Add §378-b, Pub Auth L
Provides milk dealers and agricultural food product transporters with electronic toll collection devices free of charge; requires the department of transportation to reimburse the thruway authority and the metropolitan transportation authority for costs incurred in providing such toll collection devices.
STATE OF NEW YORK
________________________________________________________________________
5352
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
on Transportation
AN ACT to amend the public authorities law, in relation to providing
milk dealers and agricultural food product transporters with electron-
ic toll collection devices free of charge
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 378-b to read as follows:
3 § 378-b. Milk and farm food product transport electronic tolling. 1.
4 For the purposes of this section, the following terms shall have the
5 following meanings:
6 (a) "Milk" shall have the same definition as such term is defined
7 pursuant to subdivision seven of section two hundred fifty-three of the
8 agriculture and markets law.
9 (b) "Farm food product" means:
10 (i) livestock;
11 (ii) fresh produce;
12 (iii) meat;
13 (iv) milk; and
14 (v) dairy products.
15 2. The authority shall establish and issue an electronic toll
16 collection exemption process for single unit trucks and trucks having
17 two or more axles which are owned and operated by a person or entity
18 engaged in the purchasing, handling or selling of milk and farm food
19 products, or who bargains for the purchase or sale of milk and farm food
20 products, when such trucks are used exclusively to further the purchas-
21 ing, handling, and selling of milk and farm food products throughout the
22 state. The exemption process shall be developed such that the use of
23 electronic collection devices shall be at no cost to such persons or
24 entities, and the authority shall be responsible for the cost of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08528-01-3
A. 5352 2
1 toll imposed for the use of the thruway system, or any portion thereof,
2 by the truck to which this device is affixed.
3 3. The authority shall promulgate rules and regulations to implement
4 the provisions of this section, including establishing the type of
5 documentation or other proof required to prove that a truck is exclu-
6 sively used to further the purchasing, handling, and selling of milk and
7 farm food products throughout the state.
8 4. The department of transportation is hereby authorized and directed
9 to create a fund, subject to an appropriation, which shall be designated
10 as the farm food product toll reimbursement fund. Such fund shall be
11 used for the purpose of reimbursing the thruway authority and the metro-
12 politan transportation authority in the execution of the toll exemption
13 process established pursuant to this section. Upon receipt of proper
14 documentation showing costs incurred by the thruway authority and the
15 metropolitan transportation authority, the department shall make depos-
16 its from the farm food product toll reimbursement fund to funds duly
17 created by the thruway authority and the metropolitan transportation
18 authority for the purpose of effectuating such reimbursement process,
19 pursuant to sections three hundred fifty-four and one thousand two
20 hundred sixty-five of this chapter, respectively.
21 § 2. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law. Effective immediately, the addition, amend-
23 ment, and/or repeal of any rule or regulation necessary for the imple-
24 mentation of this act on its effective date are authorized to be made
25 and completed on or before such effective date.
