Bill Text: NY S02640 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to license fees per barrel of petroleum shipped through the state for use outside the state by facilities within 1 mile of a similar facility in another state.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02640 Detail]

Download: New_York-2017-S02640-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2640
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
          when  printed  to  be  committed to the Committee on Cultural Affairs,
          Tourism, Parks and Recreation
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02243-01-7
        S. 2640                             2
     1  the administrator determines that the revenue  produced  by  such  lower
     2  rate  shall be sufficient to pay outstanding claims against such account
     3  within one year of such imposition  of  the  license  fee.  Should  such
     4  account  exceed  forty  million  dollars,  as  a result of interest, the
     5  administrator and the commissioner of environmental  conservation  shall
     6  report  to  the  legislature and the governor concerning the options for
     7  the use of such interest. The fee established by  this  paragraph  shall
     8  not  be  imposed  upon  any  barrel which is transferred to a land based
     9  facility but thereafter exported from this state  for  use  outside  the
    10  state  and  is  shipped  to  facilities  outside the state regardless of
    11  whether the delivery or sale of such petroleum occurs in this state.
    12    § 2. Subdivision 4 of section 174 of the navigation law is amended  by
    13  adding a new paragraph (e) to read as follows:
    14    (e)  Notwithstanding  paragraph (d) of this subdivision, the surcharge
    15  established by paragraph (b) of this subdivision shall be one  and  one-
    16  half  cents  per  barrel for any barrel that is transferred into a major
    17  facility located within one mile of a facility in  an  adjoining  state,
    18  which  if such facility in another state was located in this state would
    19  be a major facility, and thereafter exported from  this  state  for  use
    20  outside the state as described by paragraph (a) of this subdivision.
    21    § 3. This act shall take effect immediately.