Senate Bill S6947

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

                                  6947

                            I N  S E N A T E

                              March 8, 2016
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the tax law, in relation to establishing a sales tax
  exemption for the purchase of  electric  vehicles  and  zero  emission
  vehicles  in  the  state;  to  amend  the  vehicle and traffic law, in
  relation to exempting electric vehicles  and  zero  emission  vehicles
  from  the  emissions  inspection requirements; and to amend the public
  authorities law, in relation to establishing the zero emission vehicle
  rebate program within the New York state energy research and  develop-
  ment authority

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

  Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
by adding a new paragraph 44 to read as follows:
  (44)  ELECTRIC  VEHICLES  AND  ZERO EMISSIONS VEHICLES. (A) AS USED IN
THIS PARAGRAPH, "ELECTRIC VEHICLE" MEANS AN ELIGIBLE  VEHICLE,  AS  SUCH
TERM  IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION EIGHTEEN
HUNDRED EIGHTY-FOUR OF THE PUBLIC AUTHORITIES LAW, PURCHASED AND  REGIS-
TERED IN NEW YORK STATE.
  (B)  AS  USED IN THIS PARAGRAPH, "ZERO EMISSION VEHICLE" MEANS A VEHI-
CLE, PURCHASED AND REGISTERED IN NEW YORK STATE, MEETING  THE  STANDARDS
PROVIDED IN 40 CFR 88.104-94(G).
  S 2. 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

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

                                                           LBD14552-01-6

S. 6947                             2

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,  THAT 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
SUBDIVISION.
  S 3. The public authorities law is amended by  adding  a  new  section
1884 to read as follows:
  S  1884.  ZERO  EMISSION  VEHICLE  REBATE  PROGRAM. 1. THERE IS HEREBY
ESTABLISHED WITHIN THE AUTHORITY A ZERO EMISSION  VEHICLE  (ZEV)  REBATE
PROGRAM. THE PURPOSE OF THE PROGRAM SHALL BE TO PROMOTE CLEAN TECHNOLOGY
VEHICLES THAT CREATE ENVIRONMENTAL BENEFITS, CONTRIBUTE TO THE NUMBER OF
VEHICLES  ON  THE  ROAD  TO  FULFILL  NEW  YORK'S  CONTRIBUTION  TO  THE
MULTI-STATE COMPACT TO HAVE THREE MILLION THREE  HUNDRED  THOUSAND  ZERO
EMISSION  VEHICLES ON THE ROAD BY TWO THOUSAND TWENTY-FIVE, AND CONTRIB-
UTE TO THE ECONOMIC GROWTH OF THE STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "ELIGIBLE PURCHASE" MEANS AND INCLUDES A TRANSACTION  INVOLVING  A
TRADE  IN  OF A NON-ELIGIBLE VEHICLE, IN ORDER TO COMPLETE A PURCHASE TO
OWN OR A LEASE OF NOT LESS THAN THIRTY-SIX MONTHS OF AN  ELIGIBLE  VEHI-
CLE, PURCHASED AND REGISTERED IN NEW YORK STATE, AND PLACED INTO SERVICE
ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  (B)  "ELIGIBLE VEHICLE" MEANS AND INCLUDES A NEW LIGHT-DUTY MOTOR ZERO
EMISSIONS VEHICLE AS DEFINED IN 40 CFR 88.104-94(G) THAT:
  (I) HAS FOUR WHEELS;
  (II) WAS MANUFACTURED FOR USE PRIMARILY ON PUBLIC STREETS,  ROADS  AND
HIGHWAYS;
  (III)  THE POWERTRAIN OF WHICH HAS NOT BEEN MODIFIED FROM THE ORIGINAL
MANUFACTURER'S SPECIFICATIONS;
  (IV) IS RATED AT NOT MORE THAN  EIGHT  THOUSAND  FIVE  HUNDRED  POUNDS
UNLOADED VEHICLE WEIGHT;
  (V)  HAS  A  MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE MILES PER
HOUR;
  (VI) HAS A MANUFACTURER'S SUGGESTED RETAIL  PRICE  OF  SIXTY  THOUSAND
DOLLARS OR LESS; AND
  (VII)  IS PROPELLED TO A SIGNIFICANT EXTENT BY A HYDROGEN FUEL CELL OR
OTHER ZERO EMISSIONS RATED MOTOR AS DEFINED IN 40 CFR  88.104-94(G),  OR
AN ELECTRIC MOTOR THAT DRAWS ELECTRICITY FROM A BATTERY THAT:
  (A) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND
  (B) IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELECTRIC-
ITY.
  3.  THE AUTHORITY SHALL AWARD REBATES FOR ELIGIBLE VEHICLES IN AMOUNTS
AS DETERMINED BY THIS SECTION. AN APPLICANT IS  ELIGIBLE  TO  RECEIVE  A
MAXIMUM OF ONE REBATE PER YEAR.
  4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI-
CANT  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF THIS SECTION AND RULES
PROMULGATED BY THE AUTHORITY.  THE TOTAL AMOUNT OF REBATES ALLOCATED  TO
CERTIFIED  APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF
FUNDS AVAILABLE FOR THE PROGRAM IN THAT FISCAL YEAR.  REBATES  SHALL  BE
ALLOCATED  TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED
BY THE DATE THE APPLICATION IS RECEIVED, UNTIL  ALL  APPROPRIATED  FUNDS
FOR  THE  FISCAL  YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES
FIRST. THE AUTHORITY SHALL HAVE AUTHORITY  TO  REDUCE  ELIGIBLE  VEHICLE

S. 6947                             3

REBATE  AMOUNTS  FROM THE AMOUNTS SPECIFIED IN SUBDIVISION SEVEN OF THIS
SECTION. SUCH REDUCTION SHALL OCCUR  ONLY  IF  THE  AUTHORITY  FORECASTS
FUNDS WOULD BE EXHAUSTED PRIOR TO THE END OF A FISCAL YEAR.
  5.  THE  AUTHORITY  SHALL PROMULGATE RULES TO IMPLEMENT AND ADMINISTER
THIS SECTION ON OR  BEFORE  OCTOBER  FIFTEENTH,  TWO  THOUSAND  SIXTEEN,
INCLUDING  RULES  RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE UNDER
THIS SECTION, THE REQUIRED  DOCUMENTATION  AND  BASIS  FOR  ESTABLISHING
ELIGIBILITY  FOR  A  REBATE,  PROCEDURES  AND  GUIDELINES FOR CLAIMING A
REBATE, AND THE COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS.
  6. THE AUTHORITY SHALL DETERMINE AND PUBLISH  ON  ITS  WEBSITE  ON  AN
ONGOING  BASIS  THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
EACH FISCAL YEAR.
  7. (A) THE PURCHASER OR LESSEE OF AN ELIGIBLE VEHICLE MAY BE  ELIGIBLE
FOR ONLY ONE OF THE REBATES SPECIFIED IN THIS PARAGRAPH:
  (I)  A  PERSON  WHO  PURCHASES  OR  LEASES  A NEW ELIGIBLE VEHICLE MAY
RECEIVE UP TO A TWO THOUSAND FIVE HUNDRED DOLLAR REBATE IF  THE  BATTERY
CAPACITY  OF THE ELIGIBLE VEHICLE IS TEN KILOWATT HOURS OR GREATER OR IS
A HYDROGEN FUEL CELL OR OTHER ZERO EMISSIONS RATED MOTOR AS  DEFINED  IN
40 CFR 88.104-94(G); OR
  (II)  A  PERSON  WHO  PURCHASES  OR  LEASES A NEW ELIGIBLE VEHICLE MAY
RECEIVE UP TO A ONE THOUSAND FIVE HUNDRED DOLLAR REBATE IF  THE  BATTERY
CAPACITY  IS  FOUR KILOWATT HOURS OR GREATER, BUT LESS THAN TEN KILOWATT
HOURS.
  (B) INCENTIVES SHALL BE APPLIED FOR  USING  THE  FORMS  DEVELOPED  AND
PROVIDED BY THE AUTHORITY AND SHALL INCLUDE THE VERIFICATION OF PURCHASE
OR LEASE BY THE DEALER.
  (C)  ANY  REBATES  SHALL  BE LESS ANY SALES TAX EXEMPTION FOR ELECTRIC
VEHICLES AND ZERO EMISSIONS  VEHICLES  PROVIDED  PURSUANT  TO  PARAGRAPH
FORTY-FOUR  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THE
TAX LAW.
  S 4. This act shall take effect immediately, except that  section  one
of this act shall take effect July 1, 2016.