S T A T E O F N E W Y O R K
________________________________________________________________________
2246--B
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. SIMON, GONZALEZ-ROJAS, EPSTEIN, TAYLOR, COLTON,
DAVILA, THIELE, BURDICK, KELLES, ARDILA -- read once and referred to
the Committee on Environmental Conservation -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Environmental Conservation in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the energy law, the environmental conservation law, the
public authorities law, and the general municipal law, in relation to
requiring certain watercraft, aircraft, and trains to be zero-emis-
sions; and to amend the public authorities law, in relation to requir-
ing NYSERDA to conduct certain studies and requiring certain monetary
incentives for clean energy vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The energy law is amended by adding a new section 5-108-b
to read as follows:
§ 5-108-B. PURCHASE OF ZERO-EMISSION FERRIES. THE COMMISSIONER SHALL
PROMULGATE RULES AND REGULATIONS WHICH SHALL REQUIRE THAT ALL FERRIES
PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC AUTHORITY THEREOF,
OR ANY PRIVATE NONPROFIT ORGANIZATION IN ANY FISCAL YEAR WHICH COMMENCES
ON OR AFTER APRIL FIRST, TWO THOUSAND THIRTY, PRODUCE ZERO-EMISSIONS.
PRIVATELY LICENSED FERRIES THAT RECEIVE FUNDING FROM THE STATE OR ANY
AGENCY OR PUBLIC AUTHORITY THEREOF, WHERE SUCH FUNDS ARE PROVIDED TO
SUBSIDIZE A PARTICULAR ROUTE, SHALL, IN ANY FISCAL YEAR WHICH COMMENCES
ON OR AFTER APRIL FIRST, TWO THOUSAND THIRTY, PURCHASE ZERO-EMISSION
FERRIES TO SERVICE THAT PARTICULAR ROUTE.
§ 2. The environmental conservation law is amended by adding a new
section 19-0306-c to read as follows:
§ 19-0306-C. PUBLIC VESSEL EMISSIONS REGULATIONS.
1. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL
REQUIRE THAT ALL PUBLIC VESSELS OPERATING IN THE NAVIGABLE WATERS OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03192-05-4
A. 2246--B 2
STATE SHALL PRODUCE ZERO OR NEAR ZERO-EMISSIONS BY TWO THOUSAND FORTY.
PUBLIC VESSELS MAY ONLY UTILIZE FOSSIL FUEL-BASED ENGINES AS RANGE
EXTENDERS.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMERCIAL FISH-
ING BOATS, OCEAN-GOING SHIPS OR PUBLIC VESSELS TRANSPORTING GOODS
THROUGH THE GREAT LAKES.
3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "PUBLIC VESSEL" SHALL HAVE THE SAME MEANING AS IN PARAGRAPH (A) OF
SUBDIVISION SIX OF SECTION TWO OF THE NAVIGATION LAW;
(B) "NAVIGABLE WATERS OF THE STATE" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION FOUR OF SECTION TWO OF THE NAVIGATION LAW;
(C) "FOSSIL FUEL" SHALL MEAN COAL, PETROLEUM PRODUCTS AND FUEL GASES;
AND
(D) "RANGE EXTENDER" SHALL MEAN A FUEL-BASED AUXILIARY POWER UNIT THAT
EXTENDS THE RANGE OF AN ELECTRIC VESSEL BY PROVIDING POWER TO AN ELEC-
TRIC GENERATOR THAT CHARGES THE VESSEL'S BATTERY.
§ 3. The public authorities law is amended by adding a new section
1885 to read as follows:
§ 1885. STUDY ON ZERO-EMISSION COMMERCIAL VESSELS. 1. THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO CONDUCT A COMPREHENSIVE STUDY TO ANALYZE THE NEED FOR CHARG-
ING STATIONS ALONG THE HUDSON RIVER AND THE NEW YORK STATE CANAL SYSTEM
TO ACCOMMODATE ZERO-EMISSION COMMERCIAL VESSELS.
2. SUCH STUDY SHALL EXAMINE, AT A MINIMUM:
(A) THE CURRENT ELECTRIC VESSEL INFRASTRUCTURE, INCLUDING AN EVALU-
ATION OF REVENUE ALLOCATION OPTIONS TO ASSIST IN AN EXPANSION OF SUCH
INFRASTRUCTURE;
(B) THE VOLUME OF COMMERCIAL BARGE OPERATIONS, INCLUDING AN ESTIMATE
OF THE NUMBER OF CHARGING STATIONS NECESSARY TO SUPPLY SUCH OPERATIONS
UPON A TRANSITION OF COMMERCIAL BARGE OPERATIONS TO ZERO-EMISSION
VESSELS;
(C) ANY SAFETY IMPLICATIONS CONCERNING THE DEVELOPMENT OF THE ELECTRIC
VESSEL INFRASTRUCTURE; AND
(D) ANY NEGATIVE IMPACTS THAT MAY RESULT FROM THE INSTALLATION OF
CHARGING STATIONS.
3. THE AUTHORITY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
§ 4. Subdivision 1 of section 352 of the general municipal law, as
amended by chapter 904 of the laws of 1947, is amended to read as
follows:
1. Construct, develop, improve, equip, maintain and operate the same,
PROVIDED THAT, NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY, ALL
GROUND SUPPORT EQUIPMENT USED BY ANY PUBLIC AIRPORT SHALL BE ZERO-EMIS-
SION GROUND SUPPORT EQUIPMENT.
§ 5. The public authorities law is amended by adding a new section
1886 to read as follows:
§ 1886. STUDY ON PUBLICLY FUNDED AIRPORTS. 1. THE AUTHORITY SHALL
CONDUCT A STUDY OF ALL PUBLICLY FUNDED AIRPORTS WITHIN THE STATE TO
ASSESS THE FINANCIAL VIABILITY OF USING RENEWABLE ENERGY IN SUCH
AIRPORTS. SUCH STUDY SHALL EXAMINE THE USE OF RENEWABLE ENERGY SOURCES,
INCLUDING BUT NOT LIMITED TO, GEOTHERMAL ENERGY, SOLAR ENERGY AND WIND
ENERGY, FOR ON-SITE GENERATION OF ELECTRICITY. SUCH STUDY SHALL FURTHER
EXAMINE, AT A MINIMUM:
A. 2246--B 3
(A) THE COST OF EACH SUCH SOURCE OF RENEWABLE ENERGY COMPARED TO THE
COST OF NON-RENEWABLE ENERGY SOURCES;
(B) THE EFFICIENCY OF EACH SUCH SOURCE OF RENEWABLE ENERGY COMPARED TO
THE EFFICIENCY OF NON-RENEWABLE ENERGY SOURCES; AND
(C) ANY SAFETY IMPLICATIONS FOR EACH SUCH SOURCE OF RENEWABLE ENERGY.
2. THE AUTHORITY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
§ 6. Section 1854 of the public authorities law is amended by adding a
new subdivision 27 to read as follows:
27. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE A GRANT TO COMMERCIAL FLYING SCHOOL AND NON-PROFIT FLYING CLUBS
TO INSTALL CHARGING INFRASTRUCTURE APPLICABLE TO FEDERAL AVIATION ADMIN-
ISTRATION CERTIFIED ELECTRIC AIRCRAFT. TO BE ELIGIBLE FOR SUCH GRANT,
FLYING SCHOOLS AND FLYING CLUBS SHALL BE BASED AT AIRPORTS LOCATED IN
THIS STATE. ANY FLYING CLUB SEEKING SUCH GRANT SHALL HAVE NO LESS THAN
TWENTY-FIVE MEMBERS. PRIORITY SHALL BE GIVEN TO FLYING SCHOOL AND NON-
PROFIT FLYING CLUBS THAT HAVE BEEN IN BUSINESS FOR AT LEAST FIVE CONSEC-
UTIVE YEARS.
§ 7. The public authorities law is amended by adding a new section
1887 to read as follows:
§ 1887. STUDY ON SUSTAINABLE AVIATION FUEL. 1. THE AUTHORITY SHALL
CONDUCT A STUDY TO DETERMINE HOW TO MAKE SUSTAINABLE AVIATION FUEL,
CERTIFIED PER APPLICABLE STANDARDS SUCH AS THE ROUNDTABLE ON SUSTAINABLE
BIOMATERIALS STANDARDS OR THE AMERICAN SOCIETY FOR TESTING AND MATERIALS
STANDARDS, MORE WIDELY AVAILABLE AT AIRPORTS IN THE STATE, USING LOCALLY
SOURCED BIOMASS AS FEEDSTOCK FOR THE FUEL WHENEVER FEASIBLE. SUCH STUDY
SHALL EXAMINE, AT A MINIMUM:
(A) THE RESOURCES AVAILABLE WITHIN THE STATE TO CREATE SUCH SUSTAINA-
BLE FUEL;
(B) THE COST FOR CREATING SUCH FUEL;
(C) THE COST TO IMPLEMENT THE USE OF SUCH FUEL WITHIN THE STATE
COMPARED TO THE COST OF MAINTAINING THE USE OF TRADITIONAL AVIATION
FUEL; AND
(D) ANY SAFETY IMPLICATIONS CONCERNING THE USE OF SUSTAINABLE AVIATION
FUEL.
2. THE AUTHORITY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
§ 8. Section 1266 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
20. NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, THE AUTHOR-
ITY, IN CONSULTATION WITH THE METRO-NORTH COMMUTER RAILROAD COMPANY, THE
LONG ISLAND RAILROAD AND THE EXECUTIVE DIRECTOR OF THE METROPOLITAN
TRANSPORTATION AUTHORITY, SHALL REQUIRE THAT ALL PASSENGER TRAINS OPER-
ATED BY THE METRO-NORTH COMMUTER RAILROAD COMPANY AND THE LONG ISLAND
RAILROAD, AND ALL WORK TRAINS IN THE SUBWAY SYSTEM OPERATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY SHALL BE ZERO-EMISSION TRAINS.
ANY BRANCH OF THE METRO-NORTH COMMUTER RAILROAD COMPANY THAT OPERATES
WHOLLY OR PARTIALLY IN NEW JERSEY OR CONNECTICUT SHALL BE EXEMPT FROM
THE PROVISIONS OF THIS SUBDIVISION.
§ 9. This act shall take effect immediately.