NY State Senate Bill 2013-S4474

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2014	print number 4474a
Jan 31, 2014	amend (t) and recommit to transportation
Jan 08, 2014	referred to transportation
Apr 03, 2013	referred to transportation

Bill Amendments

Original

A (Active)

2013-S4474 - Details

See Assembly Version of this Bill:: A2379
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §389, Pub Auth L; amd §§306 & 401, add §§1203-i & 1229-e, V & T L; amd §1115, Tax L; amd part W-1 §19, Chap 109 of 2006
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7340
2015-2016: S2794, A6647
2017-2018: A4139

2013-S4474 - Summary

Establishes the 2014 alternative fuel and electric vehicle incentive program.

2013-S4474 - Sponsor Memo

                                BILL NUMBER:S4474

TITLE  OF  BILL:    An  act  to  amend the public authorities law, the
vehicle and traffic law and the tax law, in relation  to  establishing
the  2013  alternative fuel and electric vehicle incentive program; to
amend chapter 109 of the laws of 2006, amending the tax law and  other
laws relating to providing exemptions, reimbursements and credits from
various  taxes  for  certain  alternative  fuels,  in  relation to the
effectiveness thereof; exemptions, and providing  for  the  repeal  of
certain provisions of the tax law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

Establishes  the  2013  alternative fuel am electric vehicle incentive
program

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The act shall  be  known  and  maybe  cited  as  the  "2013
alternative fuel and electric vehicle incentive program'.

Section  2:  the  public  authorities  law  is amended by adding a new
section 389 to read as follows: Any person who has an electronic  toll
collection  system  account  with  the  authority  shall receive a 26%
discount on tolls incurred on New York State for a period of two years
after the vehicle purchased.

Section 3: subdivision (d) of section 306 of the vehicle  and  traffic
law,  as amended by chapter 608 of the law of 1993, is amended to read
as follows: no person shell issue a certificate of  inspection  for  a
motor  vehicle which do not comply with the standards prescribe by the
rules and regulation established by the commissioner of  environmental
conservation.  However,  any electric vehicle shall be exempt from the
provisions of this subdivision.

Section 4: subdivision 6 of section 401 of the vehicle and traffic law
is amended by adding a new paragraph  c-1  to  read  as  follows:  the
provision   of  this  subdivision  with  respect  to  the  payment  of
registration fees shall not apply to the first year of registration of
any new electric vehicle.

Section 5: the, vehicle and traffic law is amended  by  adding  a  new
section  1203-i  to  read  as  follows:  any  person driving a plug-in
electronic hybrid vehicle or electric vehicle  shall  be  entitled  to
parking  at a meter without charge if the municipality designates such
motors as free of charge for use by such vehicles.

Section 6: the vehicle and traffic law is  amended  by  adding  a  new
section  1229-e  to read as follows: high occupancy vehicle lanes; use
by alternative fuel vehicle, electric vehicle and plug-in  hybrid  are
authorized  to  drive on any high occupancy vehicle lane provided that
the vehicle display a New York, state  clean  pass  sticker  form  the
department of motor vehicles.

JUSTIFICATION:


New  York State has no incentives on the books on alternative fuel and
electric vehicles. The "2013 alternative  fuel  and  electric  vehicle
incentive  program"  would  provide  specific  tax  incentive  for the
purchase of vehicles. Green technologies would be  used  in  order  to
increase  consumer demand for such vehicles. Currently New York's only
incentive exist on Long Island in that region, they are allowed to use
bus lanes on highways if they have a special decal issued by  the  New
York State Department of Motor Vehicles.

The  creation  of  the  "2013  alternative  fuel  and electric vehicle
incentives program" would decrease the amount of gas  emitted  to  the
ozone developing environmental benefits.

PRIOR LEGISLATIVE HISTORY:

New Legislation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None  based  on  the  fact  that the tax breaks given to purchasers of
electric and/or hybrid automobiles  will  create  a  demand  for  such
vehicles  that  otherwise  would  not  exist therefore bringing in tax
revenue for these higher priced automobiles. In addition, the benefits
to helping to improve air quality in NYS are immeasurable. The US  EPA
has  labeled NYS as one of the places in the nation with the worst air
quality.  This problem contributes to NYS having the highest rates  of
asthma  in  the nation and related medical care. In addition, creating
incentives for electric cars will help grow electric battery  industry
in  NYS, thereby creating additional tax revenue from the expansion of
these plants in both human end physical resources and from the sale of
such batteries.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day  after  it  shall  have
become  a  law,  provided however, the provisions of sections seven of
this act shall expire on January 1,  2015  when  upon  such  date  the
provisions of such section shall be deemed repealed.

2013-S4474 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4474

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, the vehicle and traffic  law
  and the tax law, in relation to establishing the 2013 alternative fuel
  and  electric  vehicle  incentive program; to amend chapter 109 of the
  laws of 2006, amending the tax law and other laws relating to  provid-
  ing  exemptions,  reimbursements  and  credits  from various taxes for
  certain alternative fuels, in relation to the  effectiveness  thereof;
  exemptions,  and providing for the repeal of certain provisions of the
  tax law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be  known and may be cited as the "2013
alternative fuel and electric vehicle incentive program".
  S 2. The public authorities law is amended by adding a new section 389
to read as follows:
  S 389. ELECTRIC VEHICLE AND ZERO EMISSIONS VEHICLE  E-ZPASS  DISCOUNT.
1.  A.  ANY  PERSON WHO HAS AN ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT
WITH THE AUTHORITY SHALL RECEIVE A TWENTY-FIVE PERCENT DISCOUNT ON TOLLS
INCURRED ON NEW YORK STATE TOLL ROADS FOR A MOTOR VEHICLE  WHICH  IS  AN
ELECTRIC  VEHICLE OR ZERO EMISSIONS VEHICLE AS SUCH TERMS ARE DEFINED IN
PARAGRAPH FORTY-FOUR  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN  HUNDRED
FIFTEEN OF THE TAX LAW, AND HAS AN ENVIRONMENTAL PROTECTION AGENCY HIGH-
WAY MPG FUEL EFFICIENCY OF THIRTY-FIVE OR HIGHER. SUCH DISCOUNT SHALL BE
KNOW  AS  THE  "ELECTRIC  VEHICLE  AND  ZERO  EMISSIONS  VEHICLE E-ZPASS
DISCOUNT".
  B. SUCH DISCOUNT SHALL BE VALID FOR A PERIOD OF  TWO  YEARS  FROM  THE
DATE SUCH ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WAS PURCHASED.
  2.  AS USED IN THIS SECTION, "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL
MEAN A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF  CHARG-
ING  AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF
INFORMATION FROM AN ELECTRONIC DEVICE ON A MOTOR  VEHICLE  TO  THE  TOLL
LANE,  WHICH  INFORMATION  IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE
TOLL OR CHARGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04656-01-3

S. 4474                             2

  S 3. Subdivision (d) of section 306 of the vehicle and traffic law, as
amended by chapter 608 of the laws  of  1993,  is  amended  to  read  as
follows:
  (d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection  or  inspections in conformity with the rules and regulations
established by the commissioner, or shall wilfully issue  a  certificate
or  certificates  of  inspection for a motor vehicle, the mechanisms and
other equipment or emissions of which do not comply with  the  standards
prescribed  by the rules and regulations established by the commissioner
or the commissioner of environmental conservation, or wilfully  issue  a
certificate of inspection extension or rejection notice when the item or
items  of  inspection  conform to the standards established by the regu-
lations  of  the  commissioner  or  wilfully  issue  a  certificate   of
inspection  extension or rejection notice for an item or items for which
inspection is not required  by  the  regulations  of  the  commissioner,
PROVIDED,  HOWEVER,  ANY ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WITH
AN ENVIRONMENTAL PROTECTION AGENCY FUEL EFFICIENCY RATING OF FORTY MILES
PER GALLON OR HIGHER, SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SUBDI-
VISION.
  S 4. Subdivision 6 of section 401 of the vehicle and  traffic  law  is
amended by adding a new paragraph c-1 to read as follows:
  C-1.  THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF THIS
SECTION WITH RESPECT TO THE PAYMENT OF REGISTRATION FEES SHALL NOT APPLY
TO THE FIRST YEAR OF REGISTRATION OF ANY NEW ELECTRIC  VEHICLE  OR  ZERO
EMISSIONS VEHICLE, AS DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
  S  5.  The  vehicle and traffic law is amended by adding a new section
1203-i to read as follows:
  S 1203-I. METERED PARKING CHARGES. ANY PERSON DRIVING A PLUG-IN  ELEC-
TRIC  HYBRID  VEHICLE,  ELECTRIC  VEHICLE  OR  ZERO EMISSION VEHICLE, AS
DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION  (A)  OF  SECTION  ELEVEN
HUNDRED FIFTEEN OF THE TAX LAW, HAVING AN ENVIRONMENTAL PROTECTION AGEN-
CY HIGHWAY FUEL ECONOMY OF FORTY-FIVE MILES PER GALLON OR GREATER, SHALL
BE  ENTITLED TO PARKING AT A METER WITHOUT CHARGE IF THE MUNICIPALITY IN
WHICH THE METER IS LOCATED, DESIGNATES SUCH METER AS FREE OF CHARGE  FOR
USE BY SUCH VEHICLES.
  S  6.  The  vehicle and traffic law is amended by adding a new section
1229-e to read as follows:
  S 1229-E. HIGH OCCUPANCY VEHICLE LANES; USE BY ALTERNATIVE FUEL  VEHI-
CLES,  ELECTRIC  VEHICLES  AND  PLUG-IN ELECTRIC HYBRID VEHICLES. 1. ALL
DRIVERS OF ALTERNATIVE  FUEL  ELECTRIC  VEHICLES  AND  PLUG-IN  ELECTRIC
HYBRID  VEHICLES  ARE  AUTHORIZED TO DRIVE ON ANY HIGH OCCUPANCY VEHICLE
LANE, DESPITE THE NUMBER OF VEHICLE  OCCUPANTS  IN  EACH  SUCH  VEHICLE,
PROVIDED  HOWEVER, SUCH VEHICLE MUST DISPLAY A NEW YORK STATE CLEAN PASS
STICKER FROM THE DEPARTMENT OF MOTOR VEHICLES.
  2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "ALTERNATIVE  FUEL  VEHICLE"  SHALL  MEAN  ANY VEHICLE WHICH USES
LIQUEFIED PETROLEUM GAS, COMPRESSED NATURAL GAS, LIQUEFIED NATURAL  GAS,
LIQUEFIED   HYDROGEN,   LIQUID   FUEL  DERIVED  FROM  COAL  THROUGH  THE
FISCHER-TROPSCH PROCESS, LIQUID HYDROCARBONS DERIVED FROM  BIOMASS,  AND
P-SERIES  FUELS,  OR ANY OTHER FUEL DESIGNATED AS AN ALTERNATIVE FUEL BY
THE UNITED STATES DEPARTMENT OF ENERGY, AS A FUEL SOURCE.

S. 4474                             3

  (B) "PLUG-IN ELECTRIC HYBRID VEHICLE"  SHALL  HAVE  THE  SAME  MEANING
ASCRIBED  TO  SUCH  TERM  IN  PARAGRAPH  FORTY-SIX OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
  S  7.  Subdivision  (a)  of  section 1115 of the tax law is amended by
adding two new paragraphs 44 and 45 to read as follows:
  (44) ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES.  (A)  AS  USED  IN
THIS PARAGRAPH, "ELECTRIC VEHICLE" MEANS ANY VEHICLE WHICH IS POWERED BY
AN  ELECTRIC  MOTOR DRAWING CURRENT FROM RECHARGEABLE STORAGE BATTERIES,
FUEL CELLS, OR OTHER PORTABLE SOURCES OF ELECTRICAL CURRENT,  AND  WHICH
MAY  INCLUDE  A  NON-ELECTRICAL  SOURCE  OF  POWER  DESIGNED  TO  CHARGE
BATTERIES AND COMPONENTS THEREOF, PROVIDED THAT:
  (I) RECHARGE ENERGY MUST BE DRAWN FROM A SOURCE OFF THE VEHICLE,  SUCH
AS RESIDENTIAL ELECTRIC SERVICE; AND
  (II)  THE VEHICLE MUST COMPLY WITH ALL PROVISIONS OF THE ZERO EMISSION
VEHICLE PURSUANT TO THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
  (B) AS USED IN THIS SUBDIVISION, "ZERO EMISSION VEHICLE" MEANS A VEHI-
CLE MEETING THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
  (45) ANY PLUG-IN HYBRID ELECTRIC  VEHICLE,  AS  DEFINED  IN  PARAGRAPH
FORTY-SIX OF SUBDIVISION (A) OF THIS SECTION, WHICH HAS AN ENVIRONMENTAL
PROTECTION AGENCY HIGHWAY FUEL EFFICIENCY OF FIFTY-FIVE MPG OR GREATER.
  S  8.  Subdivision  (a)  of  section 1115 of the tax law is amended by
adding a new paragraph 46 to read as follows:
  (46) THE NET PRICE OF A PLUG-IN ELECTRIC  VEHICLE.  AS  USED  IN  THIS
PARAGRAPH,  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:  (I)
"PLUG-IN ELECTRIC HYBRID VEHICLE"  MEANS  ANY  VEHICLE  PROPELLED  BY  A
COMBINATION  OF  AN  ELECTRIC MOTOR AND AN INTERNAL COMBUSTION ENGINE OR
OTHER POWER SOURCE AND COMPONENTS THEREOF.
  (II) "NET PRICE" SHALL MEAN THE DIFFERENCE BETWEEN THE PURCHASE  PRICE
OF THE PLUG-IN ELECTRIC HYBRID VEHICLE AND THE AVERAGE PRICE OF A COMPA-
RABLE  NON-HYBRID  OR  NON-ALTERNATIVE  FUEL VEHICLE. SUCH AVERAGE PRICE
SHALL BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
  S 9. Section 19 of part W-1 of chapter 109 of the laws of 2006, amend-
ing the tax  law  and  other  laws  relating  to  providing  exemptions,
reimbursements  and  credits  from various taxes for certain alternative
fuels, as amended by section 1 of part D of chapter 59 of  the  laws  of
2012, is amended to read as follows:
  S  19. This act shall take effect immediately; provided, however, that
sections one through thirteen of this act shall take effect September 1,
2006 and shall be deemed repealed on September 1, [2014] 2015  and  such
repeal  shall  apply  in  accordance  with  the  applicable transitional
provisions of sections 1106 and 1217 of the tax law, and shall apply  to
sales  made,  fuel  compounded or manufactured, and uses occurring on or
after such date, and with respect to sections seven  through  eleven  of
this  act,  in  accordance  with  applicable  transitional provisions of
sections 1106 and 1217 of the  tax  law;  provided,  however,  that  the
commissioner  of  taxation  and finance shall be authorized on and after
the date this act shall have become a law to adopt and amend  any  rules
or  regulations  and  to  take  any  steps  necessary  to  implement the
provisions of this act; provided further that sections fourteen  through
sixteen  of  this  act  shall take effect immediately and shall apply to
taxable years beginning on or after January 1, 2006.
  S 10. This act shall take effect on the sixtieth day  after  it  shall
have  become a law, provided however, the provisions of section seven of
this act shall expire on  January  1,  2015  when  upon  such  date  the
provisions of such section shall be deemed repealed.

2013-S4474A (ACTIVE) - Details

See Assembly Version of this Bill:: A2379
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §389, Pub Auth L; amd §§306 & 401, add §§1203-i & 1229-e, V & T L; amd §1115, Tax L; amd part W-1 §19, Chap 109 of 2006
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7340
2015-2016: S2794, A6647
2017-2018: A4139

2013-S4474A (ACTIVE) - Summary

Establishes the 2014 alternative fuel and electric vehicle incentive program.

2013-S4474A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4474A

TITLE OF BILL:  An act to amend the public authorities law, the
vehicle and traffic law and the tax law, in relation to establishing
the 2014 alternative fuel and electric vehicle incentive program; to
amend chapter 109 of the laws of 2006, amending the tax law and other
laws relating to providing exemptions, reimbursements and credits from
various taxes for certain alternative fuels, in relation to the
effectiveness thereof; exemptions, and providing for the repeal of
certain provisions of the tax law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

Establishes the 2014 alternative fuel and electric vehicle incentive
program

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: The act shall be known and maybe cited as the "2014
alternative fuel and electric vehicle incentive program".

Section 2: the public authorities law is amended by adding a new
section 389 to read as follows: Any person who has an electronic toll
collection system account with the authority shall receive a 26%
discount on tolls incurred on New York State for a period of two years
after the vehicle purchased.

Section 3: subdivision (d) of section 306 of the vehicle and traffic
law, as amended by chapter 608 of the law of 1993, is amended to read
as follows: no person shell issue a certificate of inspection for a
motor vehicle which do not comply with the standards prescribe by the
rules and regulation established by the commissioner of environmental
conservation. However, any electric vehicle shall be exempt from the
provisions of this subdivision.

Section 4: subdivision 6 of section 401 of the vehicle and traffic law
is amended by adding a new paragraph c-1 to read as follows: the
provision of this subdivision with respect to the payment of
registration fees shall not apply to the first year of registration of
any new electric vehicle.

Section 5: the, vehicle and traffic law is amended by adding a new
section 1203-i to read as follows: any person driving a plug-in
electronic hybrid vehicle or electric vehicle shall be entitled to
parking at a meter without charge if the municipality designates such
motors as free of charge for use by such vehicles.

Section 6: the vehicle and traffic law is amended by adding a new
section 1229-e to read as follows: high occupancy vehicle lanes; use
by alternative fuel vehicle, electric vehicle and plug-in hybrid are
authorized to drive on any high occupancy vehicle lane provided that
the vehicle display a New York, state clean pass sticker form the
department of motor vehicles.

JUSTIFICATION:


New York State has no incentives on the books on alternative fuel and
electric vehicles. The "2014 alternative fuel and electric vehicle
incentive program" would provide specific tax incentive for the
purchase of vehicles. Green technologies would be used in order to
increase consumer demand for such vehicles. Currently New York's only
incentive exist on Long Island in that region, they are allowed to use
bus lanes on highways if they have a special decal issued by the New
York State Department of Motor Vehicles.

The creation of the "2014 alternative fuel and electric vehicle
incentives program" would decrease the amount of gas emitted to the
ozone developing environmental benefits.

PRIOR LEGISLATIVE HISTORY:

New Legislation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None based on the fact that the tax breaks given to purchasers of
electric and/or hybrid automobiles will create a demand for such
vehicles that otherwise would not exist therefore bringing in tax
revenue for these higher priced automobiles. In addition, the benefits
to helping to improve air quality in NYS are immeasurable.  The US EPA
has labeled NYS as one of the places in the nation with the worst air
quality. This problem contributes to NYS having the highest rates of
asthma in the nation and related medical care. In addition, creating
incentives for electric cars will help grow electric battery industry
in NYS, thereby creating additional tax revenue from the expansion of
these plants in both human end physical resources and from the sale of
such batteries.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law, provided however, the provisions of sections seven of
this act shall expire on January 1, 2016 when upon such date the
provisions of such section shall be deemed repealed.

2013-S4474A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4474--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the public authorities law, the vehicle and traffic law
  and the tax law, in relation to establishing the 2014 alternative fuel
  and electric vehicle incentive program; to amend chapter  109  of  the
  laws  of 2006, amending the tax law and other laws relating to provid-
  ing exemptions, reimbursements and  credits  from  various  taxes  for
  certain  alternative  fuels, in relation to the effectiveness thereof;
  exemptions, and providing for the repeal of certain provisions of  the
  tax law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  the  "2014
alternative fuel and electric vehicle incentive program".
  S 2. The public authorities law is amended by adding a new section 389
to read as follows:
  S  389.  ELECTRIC VEHICLE AND ZERO EMISSIONS VEHICLE E-ZPASS DISCOUNT.
1. A. ANY PERSON WHO HAS AN ELECTRONIC TOLL  COLLECTION  SYSTEM  ACCOUNT
WITH THE AUTHORITY SHALL RECEIVE A TWENTY-FIVE PERCENT DISCOUNT ON TOLLS
INCURRED  ON  NEW  YORK STATE TOLL ROADS FOR A MOTOR VEHICLE WHICH IS AN
ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE AS SUCH TERMS ARE DEFINED  IN
PARAGRAPH  FORTY-FOUR  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED
FIFTEEN OF THE TAX LAW, AND HAS AN ENVIRONMENTAL PROTECTION AGENCY HIGH-
WAY MPG FUEL EFFICIENCY OF THIRTY-FIVE OR HIGHER. SUCH DISCOUNT SHALL BE
KNOW AS  THE  "ELECTRIC  VEHICLE  AND  ZERO  EMISSIONS  VEHICLE  E-ZPASS
DISCOUNT".
  B.  SUCH  DISCOUNT  SHALL  BE VALID FOR A PERIOD OF TWO YEARS FROM THE
DATE SUCH ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WAS PURCHASED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04656-02-4

S. 4474--A                          2

  2. AS USED IN THIS SECTION, "ELECTRONIC TOLL COLLECTION SYSTEM"  SHALL
MEAN  A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARG-
ING AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION  OF
INFORMATION  FROM  AN  ELECTRONIC  DEVICE ON A MOTOR VEHICLE TO THE TOLL
LANE,  WHICH  INFORMATION  IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE
TOLL OR CHARGE.
  S 3. Subdivision (d) of section 306 of the vehicle and traffic law, as
amended by chapter 608 of the laws  of  1993,  is  amended  to  read  as
follows:
  (d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection  or  inspections in conformity with the rules and regulations
established by the commissioner, or shall wilfully issue  a  certificate
or  certificates  of  inspection for a motor vehicle, the mechanisms and
other equipment or emissions of which do not comply with  the  standards
prescribed  by the rules and regulations established by the commissioner
or the commissioner of environmental conservation, or wilfully  issue  a
certificate of inspection extension or rejection notice when the item or
items  of  inspection  conform to the standards established by the regu-
lations  of  the  commissioner  or  wilfully  issue  a  certificate   of
inspection  extension or rejection notice for an item or items for which
inspection is not required  by  the  regulations  of  the  commissioner,
PROVIDED,  HOWEVER,  ANY ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WITH
AN ENVIRONMENTAL PROTECTION AGENCY FUEL EFFICIENCY RATING OF FORTY MILES
PER GALLON OR HIGHER, SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SUBDI-
VISION.
  S 4. Subdivision 6 of section 401 of the vehicle and  traffic  law  is
amended by adding a new paragraph c-1 to read as follows:
  C-1.  THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF THIS
SECTION WITH RESPECT TO THE PAYMENT OF REGISTRATION FEES SHALL NOT APPLY
TO THE FIRST YEAR OF REGISTRATION OF ANY NEW ELECTRIC  VEHICLE  OR  ZERO
EMISSIONS VEHICLE, AS DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
  S  5.  The  vehicle and traffic law is amended by adding a new section
1203-i to read as follows:
  S 1203-I. METERED PARKING CHARGES. ANY PERSON DRIVING A PLUG-IN  ELEC-
TRIC  HYBRID  VEHICLE,  ELECTRIC  VEHICLE  OR  ZERO EMISSION VEHICLE, AS
DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION  (A)  OF  SECTION  ELEVEN
HUNDRED FIFTEEN OF THE TAX LAW, HAVING AN ENVIRONMENTAL PROTECTION AGEN-
CY HIGHWAY FUEL ECONOMY OF FORTY-FIVE MILES PER GALLON OR GREATER, SHALL
BE  ENTITLED TO PARKING AT A METER WITHOUT CHARGE IF THE MUNICIPALITY IN
WHICH THE METER IS LOCATED, DESIGNATES SUCH METER AS FREE OF CHARGE  FOR
USE BY SUCH VEHICLES.
  S  6.  The  vehicle and traffic law is amended by adding a new section
1229-e to read as follows:
  S 1229-E. HIGH OCCUPANCY VEHICLE LANES; USE BY ALTERNATIVE FUEL  VEHI-
CLES,  ELECTRIC  VEHICLES  AND  PLUG-IN ELECTRIC HYBRID VEHICLES. 1. ALL
DRIVERS OF ALTERNATIVE  FUEL  ELECTRIC  VEHICLES  AND  PLUG-IN  ELECTRIC
HYBRID  VEHICLES  ARE  AUTHORIZED TO DRIVE ON ANY HIGH OCCUPANCY VEHICLE
LANE, DESPITE THE NUMBER OF VEHICLE  OCCUPANTS  IN  EACH  SUCH  VEHICLE,
PROVIDED  HOWEVER, SUCH VEHICLE MUST DISPLAY A NEW YORK STATE CLEAN PASS
STICKER FROM THE DEPARTMENT OF MOTOR VEHICLES.
  2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "ALTERNATIVE  FUEL  VEHICLE"  SHALL  MEAN  ANY VEHICLE WHICH USES
LIQUEFIED PETROLEUM GAS, COMPRESSED NATURAL GAS, LIQUEFIED NATURAL  GAS,

S. 4474--A                          3

LIQUEFIED   HYDROGEN,   LIQUID   FUEL  DERIVED  FROM  COAL  THROUGH  THE
FISCHER-TROPSCH PROCESS, LIQUID HYDROCARBONS DERIVED FROM  BIOMASS,  AND
P-SERIES  FUELS,  OR ANY OTHER FUEL DESIGNATED AS AN ALTERNATIVE FUEL BY
THE UNITED STATES DEPARTMENT OF ENERGY, AS A FUEL SOURCE.
  (B)  "PLUG-IN  ELECTRIC  HYBRID  VEHICLE"  SHALL HAVE THE SAME MEANING
ASCRIBED TO SUCH TERM IN  PARAGRAPH  FORTY-SIX  OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
  S  7.  Subdivision  (a)  of  section 1115 of the tax law is amended by
adding two new paragraphs 44 and 45 to read as follows:
  (44) ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES.  (A)  AS  USED  IN
THIS PARAGRAPH, "ELECTRIC VEHICLE" MEANS ANY VEHICLE WHICH IS POWERED BY
AN  ELECTRIC  MOTOR DRAWING CURRENT FROM RECHARGEABLE STORAGE BATTERIES,
FUEL CELLS, OR OTHER PORTABLE SOURCES OF ELECTRICAL CURRENT,  AND  WHICH
MAY  INCLUDE  A  NON-ELECTRICAL  SOURCE  OF  POWER  DESIGNED  TO  CHARGE
BATTERIES AND COMPONENTS THEREOF, PROVIDED THAT:
  (I) RECHARGE ENERGY MUST BE DRAWN FROM A SOURCE OFF THE VEHICLE,  SUCH
AS RESIDENTIAL ELECTRIC SERVICE; AND
  (II)  THE VEHICLE MUST COMPLY WITH ALL PROVISIONS OF THE ZERO EMISSION
VEHICLE PURSUANT TO THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
  (B) AS USED IN THIS SUBDIVISION, "ZERO EMISSION VEHICLE" MEANS A VEHI-
CLE MEETING THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
  (45) ANY PLUG-IN HYBRID ELECTRIC  VEHICLE,  AS  DEFINED  IN  PARAGRAPH
FORTY-SIX OF SUBDIVISION (A) OF THIS SECTION, WHICH HAS AN ENVIRONMENTAL
PROTECTION AGENCY HIGHWAY FUEL EFFICIENCY OF FIFTY-FIVE MPG OR GREATER.
  S  8.  Subdivision  (a)  of  section 1115 of the tax law is amended by
adding a new paragraph 46 to read as follows:
  (46) THE NET PRICE OF A PLUG-IN ELECTRIC  VEHICLE.  AS  USED  IN  THIS
PARAGRAPH,  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:  (I)
"PLUG-IN ELECTRIC HYBRID VEHICLE"  MEANS  ANY  VEHICLE  PROPELLED  BY  A
COMBINATION  OF  AN  ELECTRIC MOTOR AND AN INTERNAL COMBUSTION ENGINE OR
OTHER POWER SOURCE AND COMPONENTS THEREOF.
  (II) "NET PRICE" SHALL MEAN THE DIFFERENCE BETWEEN THE PURCHASE  PRICE
OF THE PLUG-IN ELECTRIC HYBRID VEHICLE AND THE AVERAGE PRICE OF A COMPA-
RABLE  NON-HYBRID  OR  NON-ALTERNATIVE  FUEL VEHICLE. SUCH AVERAGE PRICE
SHALL BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
  S 9. Section 19 of part W-1 of chapter 109 of the laws of 2006, amend-
ing the tax  law  and  other  laws  relating  to  providing  exemptions,
reimbursements  and  credits  from various taxes for certain alternative
fuels, as amended by section 1 of part D of chapter 59 of  the  laws  of
2012, is amended to read as follows:
  S  19. This act shall take effect immediately; provided, however, that
sections one through thirteen of this act shall take effect September 1,
2006 and shall be deemed repealed on September 1, [2014] 2016  and  such
repeal  shall  apply  in  accordance  with  the  applicable transitional
provisions of sections 1106 and 1217 of the tax law, and shall apply  to
sales  made,  fuel  compounded or manufactured, and uses occurring on or
after such date, and with respect to sections seven  through  eleven  of
this  act,  in  accordance  with  applicable  transitional provisions of
sections 1106 and 1217 of the  tax  law;  provided,  however,  that  the
commissioner  of  taxation  and finance shall be authorized on and after
the date this act shall have become a law to adopt and amend  any  rules
or  regulations  and  to  take  any  steps  necessary  to  implement the
provisions of this act; provided further that sections fourteen  through
sixteen  of  this  act  shall take effect immediately and shall apply to
taxable years beginning on or after January 1, 2006.

S. 4474--A                          4

  S 10. This act shall take effect on the sixtieth day  after  it  shall
have  become a law, provided however, the provisions of section seven of
this act shall expire on  January  1,  2016  when  upon  such  date  the
provisions of such section shall be deemed repealed.

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Senate Bill S4474

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2013-S4474 - Details

2013-S4474 - Summary

2013-S4474 - Sponsor Memo

2013-S4474 - Bill Text download pdf

2013-S4474A (ACTIVE) - Details

2013-S4474A (ACTIVE) - Summary

2013-S4474A (ACTIVE) - Sponsor Memo

2013-S4474A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4474

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2013-S4474 - Details

2013-S4474 - Summary

2013-S4474 - Sponsor Memo

2013-S4474 - Bill Text download pdf

2013-S4474A (ACTIVE) - Details

2013-S4474A (ACTIVE) - Summary

2013-S4474A (ACTIVE) - Sponsor Memo

2013-S4474A (ACTIVE) - Bill Text download pdf

Comments