Senate Bill S2838A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2838
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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-TWO, achieve an average fuel  economy  [not  less  than]
 THAT  MEETS  OR  EXCEEDS  the  applicable  average fuel economy standard
 established 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. BY JANUARY FIRST,  TWO  THOUSAND
 TWENTY-THREE  THE COMMISSIONER SHALL PURCHASE BATTERY, ELECTRIC, PLUG-IN
 HYBRID ELECTRIC OR ZERO-EMISSION VEHICLES.
   c. As used in this section:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06578-02-1
              

 S. 2838                             2
 
   (1) The term "passenger automobile" means  any  four  wheeled  vehicle
 propelled by fuel which is manufactured for use on public streets, roads
 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 2021 ..................... 29.0
   BEGINNING JULY FIRST, TWO THOUSAND TWENTY-TWO, THE COMMISSIONER  SHALL
 SET  TARGETS  THROUGH REGULATION FOR THE ACQUISITION AND USE OF BATTERY,
 ELECTRIC OR PLUG-IN HYBRID ELECTRIC VEHICLES. BY TWO THOUSAND THIRTY-ONE
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2838--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, BIAGGI, GAUGHRAN, HARCKHAM, HINCHEY, HOYL-
   MAN, KAVANAGH, SEPULVEDA -- read twice and ordered printed,  and  when
   printed  to  be  committed to the Committee on Energy and Telecommuni-
   cations -- reported favorably from said committee and committed to the
   Committee on Finance -- committee discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Energy and Telecommunications 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 executive law, in relation to the purchase or  lease
   of zero emission vehicles for state-owned vehicle fleets
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 201-a of the executive law is amended by  adding  a
 new subdivision 10 to read as follows:
   10.  THE OFFICE OF GENERAL SERVICES SHALL, ON OR BEFORE DECEMBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-TWO, PREPARE,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, A STATE FLEET PROCUREMENT  PLAN  FOR
 PURCHASE  OR  LEASE OF STATE AGENCY VEHICLES TO ENSURE THAT (I) AT LEAST
 TWENTY-FIVE PERCENT OF STATE AGENCY VEHICLES WILL BE ZERO EMISSION VEHI-
 CLES BY NO LATER THAN DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FIVE
 AND  (II)  AT  LEAST FIFTY PERCENT OF STATE AGENCY VEHICLES WILL BE ZERO
 EMISSION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST,  TWO  THOUSAND
 THIRTY.  BY  JANUARY  FIRST, TWO THOUSAND THIRTY, ALL PASSENGER VEHICLES
 PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY  THEREOF
 SHALL BE ZERO-EMISSION VEHICLES. FOR PURPOSES OF THIS SUBDIVISION, "ZERO
 EMISSION  VEHICLE" SHALL MEAN A VEHICLE POWERED BY MEANS OF A BATTERY OR
 FUEL CELL OR A COMBINATION THEREOF, OR ANOTHER  SOURCE  OF  POWER,  THAT
 PRODUCES  ZERO  EXHAUST EMISSIONS OF ANY GREENHOUSE GAS, CRITERIA POLLU-
 TANT OR PRECURSOR POLLUTANT UNDER ANY AND ALL POSSIBLE OPERATIONAL MODES
 AND CONDITIONS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06578-06-2

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2838--C
     Cal. No. 125
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, BIAGGI, GAUGHRAN, HARCKHAM, HINCHEY, HOYL-
   MAN, KAVANAGH, SEPULVEDA -- read twice and ordered printed,  and  when
   printed  to  be  committed to the Committee on Energy and Telecommuni-
   cations -- reported favorably from said committee and committed to the
   Committee on Finance -- committee discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Energy and Telecommunications in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- reported favorably from said committee,  ordered  to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the executive law, in relation to the purchase or  lease
   of zero emission vehicles for state-owned vehicle fleets
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 201-a of the executive law is amended by  adding  a
 new subdivision 10 to read as follows:
   10.  THE OFFICE OF GENERAL SERVICES SHALL, ON OR BEFORE DECEMBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-TWO, PREPARE,  IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION AND THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, A STATE FLEET PROCUREMENT  PLAN  FOR
 PURCHASE  OR  LEASE OF STATE AGENCY VEHICLES TO ENSURE THAT (I) AT LEAST
 TWENTY-FIVE PERCENT OF STATE AGENCY VEHICLES, INCLUDING TEN  PERCENT  OF
 STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES, WILL BE ZERO EMISSION VEHI-
 CLES  BY  NO  LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE
 AND (II) AT LEAST FIFTY PERCENT  OF  STATE  AGENCY  VEHICLES,  INCLUDING
 TWENTY-FIVE PERCENT OF STATE AGENCY MEDIUM AND HEAVY DUTY VEHICLES, WILL
 BE  ZERO  EMISSION  VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO
 THOUSAND THIRTY. ALL STATE AGENCY PASSENGER VEHICLES SHALL BE ZERO EMIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06578-08-2
 S. 2838--C                          2
 
 SION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND THIR-
 TY-FIVE, AND ALL STATE AGENCY MEDIUM AND HEAVY DUTY  VEHICLES  SHALL  BE
 ZERO EMISSION VEHICLES BY NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOU-
 SAND FORTY, UNLESS A ZERO EMISSION VEHICLE IS NOT FEASIBLE FOR A PARTIC-
 ULAR  APPLICATION.  BY JANUARY FIRST, TWO THOUSAND THIRTY, ALL PASSENGER
 VEHICLES PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY
 THEREOF SHALL BE ZERO EMISSION VEHICLES. BY JANUARY FIRST, TWO  THOUSAND
 THIRTY-FIVE,  ALL MEDIUM AND HEAVY DUTY VEHICLES PURCHASED BY OR FOR THE
 STATE OR ANY AGENCY OR PUBLIC AUTHORITY THEREOF SHALL BE  ZERO  EMISSION
 VEHICLES  WHERE  FEASIBLE. FOR PURPOSES OF THIS SUBDIVISION, "ZERO EMIS-
 SION VEHICLE" SHALL MEAN A VEHICLE POWERED BY MEANS OF A BATTERY OR FUEL
 CELL OR A COMBINATION THEREOF, OR ANOTHER SOURCE OF POWER, THAT PRODUCES
 ZERO EXHAUST EMISSIONS OF ANY  GREENHOUSE  GAS,  CRITERIA  POLLUTANT  OR
 PRECURSOR  POLLUTANT  UNDER  ANY  AND ALL POSSIBLE OPERATIONAL MODES AND
 CONDITIONS.
   § 2. This act shall take effect immediately.