S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2246
 
                        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 -- read once and referred to  the  Committee  on  Environmental
   Conservation
 
 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. A. 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-EM-
 ISSIONS.  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-EM-
 ISSION 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
 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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03192-01-3
 A. 2246                             2
 
   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. The public authorities law is amended by  adding  a  new  section
 1886 to read as follows:
   §  1886.  BOAT CLEAN REBATE PROGRAM. THE AUTHORITY SHALL ESTABLISH AND
 ADMINISTER A PARALLEL PROGRAM TO THE DRIVE CLEAN REBATE PROGRAM ENTITLED
 THE BOAT CLEAN REBATE PROGRAM TO PERMIT VESSELS, AS DEFINED  IN  SECTION
 TWO OF THE NAVIGATION LAW, THAT PRODUCE ZERO-EMISSIONS AND ARE NO GREAT-
 ER  THAN TWENTY-FIVE FEET IN LENGTH, TO BE ELIGIBLE FOR A MAXIMUM REBATE
 AMOUNT OF TWO THOUSAND DOLLARS.
   § 5. 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.
   §  6.  The  public  authorities law is amended by adding a new section
 1887 to read as follows:
   § 1887. 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
 A. 2246                             3
 
 ENERGY, FOR ON-SITE GENERATION OF ELECTRICITY.  SUCH STUDY SHALL FURTHER
 EXAMINE, AT A MINIMUM:
   (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.
   § 7. Section 1854 of the public authorities law is amended by adding a
 new subdivision 24 to read as follows:
   24. 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.
   § 8. The public authorities law is amended by  adding  a  new  section
 1888 to read as follows:
   §  1888.  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.
   § 9. 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.
   § 10. This act shall take effect immediately.