S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4139
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
   COOK, RAMOS, RIVERA -- read once and  referred  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 2016 alternative fuel
   and electric vehicle incentive program; to amend part W-1 of   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 there-
   of; and providing for the repeal of certain provisions relating there-
   to
 
   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 "2017
 alternative fuel and electric vehicle incentive program".
   § 2. The public authorities law is amended by adding a new section 389
 to read as follows:
   § 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
 KNOWN  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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08596-01-7

 A. 4139                             2
 
 LANE,  WHICH  INFORMATION  IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE
 TOLL OR CHARGE.
   § 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.
   §  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-FOUR OF SUBDIVISION (A)
 OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1203-i to read as follows:
   §  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-FOUR  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.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 1229-e to read as follows:
   §  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.

 A. 4139                             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.
   §  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  THIS  SUBDIVISION,  WHICH HAS AN ENVIRONMENTAL PROTECTION
 AGENCY HIGHWAY FUEL EFFICIENCY OF FIFTY-FIVE MPG OR GREATER.
   § 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.
   § 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 U of chapter 60 of the laws of
 2016, is amended to read as follows:
   § 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, [2021] 2019 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.
   §  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 January 1, 2019 when upon such date the provisions
 of such section shall be deemed repealed.