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
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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.