Senate Bill S6732

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6732
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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, the executive law and the environmental
   conservation law, in relation to requiring that  the  manufacture  and
   distribution of electric vehicles, wind turbines, solar collectors and
   infrastructure  to upgrade the power grid is conducted using only wind
   and solar energy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  5 and 6 of section 3-101 of the energy law,
 subdivision 5 as amended by chapter 396 of the laws of 1978, are amended
 and a new subdivision 8 is added to read as follows:
   5. to foster, encourage and promote the prudent development  and  wise
 use  of all indigenous state energy resources including, but not limited
 to, on-shore oil and natural gas, off-shore oil and natural gas, natural
 gas from Devonian shale formations, small head hydro, wood, solar, wind,
 solid waste, energy from biomass, fuel cells and cogeneration; [and]
   6. to encourage a new ethic among its citizens to conserve rather than
 waste precious fuels; and to foster public  and  private  initiative  to
 achieve these ends at the state and local levels[.]; AND
   8.  TO REQUIRE THAT THE MANUFACTURE AND DISTRIBUTION OF ELECTRIC VEHI-
 CLES, WIND TURBINES, SOLAR COLLECTORS AND INFRASTRUCTURE TO UPGRADE  THE
 POWER  GRID  IS  CONDUCTED USING ONLY WIND AND SOLAR ENERGY AND DOES NOT
 USE ANY POWER DERIVED FROM FOSSIL FUELS, NUCLEAR ENERGY OR ANY  FORM  OF
 COMBUSTION.  THIS  SUBDIVISION  SHALL  APPLY  TO ALL MINING AND MATERIAL
 PROCESSING REQUIRED TO OBTAIN AND CREATE MATERIALS USED, ALL  INDUSTRIAL
 OPERATIONS, FABRICATION AND ASSEMBLY, AND ALL DISTRIBUTION TO END USERS.
   § 2. Section 5-108 of the energy law is amended by adding a new subdi-
 vision b-1 to read as follows:
   B-1.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE OFFICE OF GENERAL
 SERVICES, SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL REQUIRE, AT
 A MINIMUM, THAT ALL ELECTRIC PASSENGER AUTOMOBILES PURCHASED BY  OR  FOR
 THE  STATE  OR  ANY  AGENCY  OR PUBLIC AUTHORITY THEREOF SHALL HAVE BEEN
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10990-01-3
 S. 6732                             2
 
 MANUFACTURED AND DISTRIBUTED USING ONLY  POWER  DERIVED  FROM  WIND  AND
 SOLAR  ENERGY, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION EIGHT OF
 SECTION 3-101 OF THIS CHAPTER.
   §  3. Subdivision 2 of section 201-a of the executive law, as added by
 chapter 413 of the laws of 1996, is amended to read as follows:
   2. For the purposes of this section, the term  "clean-fueled  vehicle"
 shall  mean  any motor vehicle as defined in section one hundred twenty-
 five of the vehicle and  traffic  law,  that  uses  electricity,  either
 stored  or  generated  on-board,  as its primary motive force or that is
 fueled by compressed natural gas, propane, methanol, hydrogen  or  etha-
 nol.  A VEHICLE SHALL BE CONSIDERED A "CLEAN-FUELED VEHICLE" ONLY IF THE
 MANUFACTURE AND DISTRIBUTION PROCESS OF SUCH VEHICLE WAS CONDUCTED USING
 WIND AND SOLAR ENERGY AND WITHOUT THE USE OF FOSSIL FUELS, NUCLEAR ENER-
 GY OR ANY FORM OF COMBUSTION, INCLUDING THE MINING AND MATERIAL PROCESS-
 ING REQUIRED TO OBTAIN AND CREATE MATERIALS USED, ALL  INDUSTRIAL  OPER-
 ATIONS, FABRICATION AND ASSEMBLY AND ALL DISTRIBUTION TO END USERS.
   §  4.  Subdivision 2 of section 56-0603 of the environmental conserva-
 tion law, as added by chapter 413 of the laws of  1996,  is  amended  to
 read as follows:
   2.   For the purposes of this section, the term "clean-fueled vehicle"
 shall mean any motor vehicle as defined in section one  hundred  twenty-
 five  of  the  vehicle and traffic law, that uses electricity, including
 electricity generated from solar  energy,  either  stored  or  generated
 on-board,  as  its primary motive force, or that is fueled by compressed
 natural gas, propane, methanol, hydrogen or ethanol. A VEHICLE SHALL  BE
 CONSIDERED A "CLEAN-FUELED VEHICLE" ONLY IF THE MANUFACTURE AND DISTRIB-
 UTION  PROCESS OF SUCH VEHICLE WAS CONDUCTED USING WIND AND SOLAR ENERGY
 AND WITHOUT THE USE OF FOSSIL FUELS,  NUCLEAR  ENERGY  OR  ANY  FORM  OF
 COMBUSTION,  INCLUDING  THE  MINING  AND MATERIAL PROCESSING REQUIRED TO
 OBTAIN AND CREATE MATERIALS USED, ALL INDUSTRIAL OPERATIONS, FABRICATION
 AND ASSEMBLY AND ALL DISTRIBUTION TO END USERS.
   § 5. Subdivision 2 of section 56-0605 of the  environmental  conserva-
 tion law, as amended by section 3 of part I of chapter 82 of the laws of
 2002, is amended to read as follows:
   2. For the purposes of this section, the term "clean-fueled bus" shall
 mean  any  motor  vehicle  having  a seating capacity of fifteen or more
 passengers in addition to the driver and used for the transportation  of
 persons  on  public  highways, that is fueled by compressed natural gas,
 propane, methanol, hydrogen, biodiesel or ethanol, or uses  electricity,
 including  electricity  generated  from  solar  energy, either stored or
 generated on-board, as its primary motive force AND  THAT  WAS  MANUFAC-
 TURED  AND  DISTRIBUTED USING ONLY WIND AND SOLAR ENERGY WITHOUT THE USE
 OF FOSSIL FUELS, NUCLEAR ENERGY OR  ANY  FORM  OF  COMBUSTION.  For  the
 purposes  of  this  section, the term "diesel-fueled school bus retrofit
 equipment" shall mean equipment and/or technologies, including, but  not
 limited  to,  particulate traps or filters and catalytic converters that
 reduce emissions of particulate matter, hydrocarbons, oxides  of  nitro-
 gen, carbon monoxide, or toxic air pollutants.
   §  6. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment,  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.