Senate Bill S7767

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7767--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2023
                                ___________
 
 Introduced by Sens. HARCKHAM, MAY -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Rules -- recommitted
   to the Committee on  Environmental  Conservation  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  environmental  conservation  law,  in  relation  to
   increasing sales of zero-emission vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 19-0306-b of the environmental conservation law  is
 amended by adding a new subdivision 6 to read as follows:
   6.  A.  (I)  THE  DEPARTMENT,  THE  NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY, THE DEPARTMENT OF MOTOR VEHICLES, AND THE DEPART-
 MENT OF TRANSPORTATION, IN CONSULTATION WITH THE OTHER  STATE  AGENCIES,
 SHALL REPORT ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR AND ON A
 BI-ANNUAL  BASIS  THEREAFTER  UNTIL  DECEMBER THIRTY-FIRST, TWO THOUSAND
 THIRTY-TWO, THE STATE'S ZERO-EMISSION VEHICLE SALES BY NEW MOTOR VEHICLE
 DEALERS, AS DEFINED IN SECTION FOUR HUNDRED FIFTEEN OF THE  VEHICLE  AND
 TRAFFIC  LAW,  EXCEPT  FOR  MANUFACTURERS  THAT  MANUFACTURE OR ASSEMBLE
 EXCLUSIVELY ZERO-EMISSIONS VEHICLES, OR IS A SUBSIDIARY,  AFFILIATE,  OR
 CONTROLLED  ENTITY  OF  SUCH A MANUFACTURER, AS OUTLINED IN SUBPARAGRAPH
 (III) OF PARAGRAPH F OF SUBDIVISION SEVEN OF SUCH SECTION.
   (II) NOTWITHSTANDING ANY PROVISION OF SUBPARAGRAPH (III) OF  PARAGRAPH
 F  OF  SUBDIVISION  SEVEN OF SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE
 AND TRAFFIC LAW, IF THE DEPARTMENT FINDS  IN  ITS  INITIAL  REPORT  THAT
 PROJECTIONS  OF  SALES BY NEW MOTOR VEHICLE DEALERS, EXCEPT FOR MANUFAC-
 TURERS THAT MANUFACTURE OR ASSEMBLE EXCLUSIVELY ZERO-EMISSIONS VEHICLES,
 OR IS A SUBSIDIARY, AFFILIATE, OR CONTROLLED ENTITY OF SUCH  A  MANUFAC-
 TURER,  FAIL  TO SHOW THAT THIRTY-FIVE PERCENT OF VEHICLE SALES IN MODEL
 YEAR TWO THOUSAND TWENTY-SIX WILL BE  ZERO-EMISSION  VEHICLES  THEN  THE
 DEPARTMENT  OF  MOTOR  VEHICLES  SHALL  ISSUE  UP TO TEN CERTIFICATES OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13628-02-4
              

 S. 7767--A                          2
 
 REGISTRATION PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND
 TRAFFIC LAW FOR ENTITIES THAT  MANUFACTURE  OR  ASSEMBLE  ZERO-EMISSIONS
 VEHICLES AND HAVE NO FRANCHISED MOTOR VEHICLE DEALERS IN NEW YORK.
   B.  IF  THE  BI-ANNUAL  REPORT  ON DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-EIGHT FINDS PROJECTIONS OF SALES BY NEW  MOTOR  VEHICLE  DEALERS,
 EXCEPT  FOR MANUFACTURERS THAT MANUFACTURE OR ASSEMBLE EXCLUSIVELY ZERO-
 EMISSIONS VEHICLES, OR IS A SUBSIDIARY, AFFILIATE, OR CONTROLLED  ENTITY
 OF  SUCH  A MANUFACTURER, FAIL TO SHOW THAT SIXTY-EIGHT PERCENT OF SALES
 BY MODEL YEAR TWO THOUSAND THIRTY WILL BE ZERO-EMISSIONS  VEHICLES  THEN
 THE  DEPARTMENT  OF  MOTOR  VEHICLES  SHALL  ISSUE  UP TO TEN ADDITIONAL
 CERTIFICATES OF REGISTRATION PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF
 THE VEHICLE AND TRAFFIC LAW FOR ENTITIES THAT  MANUFACTURE  OR  ASSEMBLE
 ZERO-EMISSIONS  VEHICLES AND HAVE NO FRANCHISED MOTOR VEHICLE DEALERS IN
 NEW YORK.
   C. IF THE BI-ANNUAL REPORT  ON  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
 THIRTY-TWO  FINDS  PROJECTIONS  OF  SALES  BY NEW MOTOR VEHICLE DEALERS,
 EXCEPT FOR MANUFACTURERS THAT MANUFACTURE OR ASSEMBLE EXCLUSIVELY  ZERO-
 EMISSIONS  VEHICLES, OR IS A SUBSIDIARY, AFFILIATE, OR CONTROLLED ENTITY
 OF SUCH A MANUFACTURER, FAIL TO SHOW THAT ONE HUNDRED PERCENT  OF  SALES
 BY  MODEL  YEAR TWO THOUSAND THIRTY-FIVE WILL BE ZERO-EMISSIONS VEHICLES
 THEN THE DEPARTMENT OF MOTOR VEHICLES SHALL ISSUE UP TO  TEN  ADDITIONAL
 CERTIFICATES OF REGISTRATION PURSUANT TO SECTION FOUR HUNDRED FIFTEEN OF
 THE  VEHICLE  AND  TRAFFIC LAW FOR ENTITIES THAT MANUFACTURE OR ASSEMBLE
 ZERO-EMISSIONS VEHICLES AND HAVE NO FRANCHISED MOTOR VEHICLE DEALERS  IN
 NEW YORK.
   § 2. This act shall take effect immediately.