The New York State Senate

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

                                  7567

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2019
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the energy law, in relation  to  the  purchase  of  fuel
  economy,  electric  and  hybrid  passenger  vehicles  by the office of
  general services

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

  Section  1. Section 5-108 of the energy law, as amended by chapter 120
of the laws of 1990, is amended to read as follows:
  § 5-108. Purchase of passenger automobiles.  a. The  commissioner,  in
consultation  with  the  commissioner of the office of general services,
shall promulgate rules and regulations which shall require[, at a  mini-
mum,]  that  all  passenger automobiles purchased by or for the state or
any agency or public authority thereof,  of  which  a  majority  of  the
members  are  appointed  by  the  governor,  in  any  fiscal  year which
commences on or after April first,  [nineteen  hundred  eighty-one]  TWO
THOUSAND  TWENTY,  achieve  an average fuel economy [not less than] THAT
MEETS OR EXCEEDS the applicable average  fuel  economy  standard  estab-
lished  pursuant  to  the  provisions of this section for the model year
which includes January first of such fiscal year.
  b. The commissioner,  in  consultation  with  the  office  of  general
services,  shall be further authorized to establish minimum fuel economy
standards for different classes of passenger automobiles,  as  appropri-
ate,  which shall be applicable to such vehicles purchased by or for the
state or any agency or public authority thereof subject to the  require-
ments  of  subdivision  a  of  this  section.   WHENEVER PRACTICABLE THE
COMMISSIONER SHALL PURCHASE BATTERY, ELECTRIC, PLUG-IN  HYBRID  ELECTRIC
OR ZERO-EMISSION VEHICLES.
  c. As used in this section:
  (1)  The  term  "passenger  automobile" means any four wheeled vehicle
propelled by fuel which is manufactured for use on public streets, roads

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

                                                           LBD11348-02-9

A. 7567                             2

and highways, which is rated at six thousand pounds gross vehicle weight
or less, and which the commissioner determines by rule  is  manufactured
primarily  for  use  in the transportation of not more than ten individ-
uals.
  (2) The term "passenger automobile" shall not include police, fire, or
other  emergency  vehicles,  as  defined  by  the  commissioner, or snow
removal, salt-spreader, and garbage disposal vehicles, or  any  vehicles
which  the  commissioner  determines,  by regulation, should be excluded
from being defined as "passenger vehicles".
  (3) The term "average fuel economy" means the total number of  passen-
ger  automobiles acquired in a fiscal year to which this section applies
divided by a sum of terms, each term of which is a fraction  created  by
dividing  (i) the number of passenger automobiles so acquired of a given
model type, by (ii) the rated fuel economy of such model type as  deter-
mined  and  published  by  the federal agency with jurisdiction over the
determination and publication of such fuel economy ratings  during  that
fiscal year.
  (4)  The  term "average fuel economy standard" means the average miles
per gallon to be achieved in  the  operation  of  passenger  automobiles
manufactured in a particular model year and shall be as follows:

Model year                                         Fuel economy standard
                                                     (miles per gallon)
   1981 ................................................... 22.0
   1982 ................................................... 24.0
   1983 ................................................... 26.0
   1984 ................................................... 27.0
   1985 ................................................... 27.5
   1991 [and thereafter] THROUGH 2019 ..................... 29.0
  BEGINNING  JULY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER SHALL SET
TARGETS THROUGH REGULATION FOR THE ACQUISITION AND USE OF BATTERY, ELEC-
TRIC OR PLUG-IN HYBRID ELECTRIC VEHICLES. BY  TWO  THOUSAND  THIRTY  ALL
PASSENGER VEHICLES PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC
AUTHORITY THEREOF SHALL BE ZERO-EMISSION VEHICLES.
  (5)  THE  TERM "BATTERY, ELECTRIC, OR PLUG-IN HYBRID ELECTRIC VEHICLE"
MEANS A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE  OF
THE VEHICLE AND TRAFFIC LAW, THAT: HAS FOUR WHEELS; WAS MANUFACTURED FOR
USE  PRIMARILY  ON PUBLIC STREETS, ROADS AND HIGHWAYS; THE POWERTRAIN OF
WHICH HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTURER'S  SPECIFICA-
TIONS;  IS  RATED  AT  NOT  MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS
GROSS VEHICLE WEIGHT; HAS MAXIMUM SPEED CAPABILITY OF  AT  LEAST  FIFTY-
FIVE  MILES PER HOUR; AND IS PROPELLED AT LEAST IN PART BY AN ELECTRONIC
MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE
TO THE DRIVE WHEELS SOMETIME DURING NORMAL VEHICLE OPERATION,  AND  THAT
DRAWS ELECTRICITY.
  (6)  THE  TERM "ZERO-EMISSION VEHICLES" SHALL HAVE THE SAME MEANING AS
SET FORTH IN 6 NYCRR PART 218.
  § 2. This act shall take effect immediately.