Senate Bill S6445

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6445
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT in relation to requiring a study to be conducted on the feasibil-
   ity of installing electric ATV charging stations along all state-main-
   tained trails where use of ATVs is permitted; and to amend the vehicle
   and traffic law, in relation to weight limits of ATVs, and fee  sched-
   ules and use of funds collected from registration of ATVs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "all electric ATVs act of 2025".
   § 2. The legislature finds that the severity of current climate change
 and  the threat of additional and more severe change will be affected by
 the actions undertaken by New York and  other  jurisdictions  to  reduce
 greenhouse  gas  emissions. According to the U.S. Global Change Research
 Program (USGCRP) and  the  Intergovernmental  Panel  on  Climate  Change
 (IPCC),  substantial  reductions  in  greenhouse  gas  emissions will be
 required by mid-century in order to limit global warming to no more than
 2° C and ideally 1.5° C above pre-industrial levels, and  thus  minimize
 the  risk of severe impacts from climate change. Specifically, industri-
 alized countries must reduce their greenhouse gas emissions by at  least
 80%  below  1990  levels  by  2050  in order to stabilize carbon dioxide
 equivalent concentrations at 450 parts per million--the  level  required
 to stay within the 2° C target.
   It  shall  be  a  goal  of the state that by 2036, 100% of all terrain
 vehicles (ATVs) sold in New  York  state  shall  be  fully  electric  to
 contribute toward greenhouse gas emission reduction.
   § 3. (a) The New York state energy research and development authority,
 in  cooperation with the department of environmental conservation, shall
 conduct a study on the feasibility of installing electric  ATV  charging
 stations  along all state-maintained trails where use of ATVs is permit-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10926-01-5
              

 S. 6445                             2
 
 ted, with the goal to have all ATVs within the state be 100% fully elec-
 tric by 2036. Such study shall include,  but  not  be  limited  to,  the
 economic  and  logistical  feasibility  of  installing such electric ATV
 charging  stations,  and  any potential adverse environmental impacts of
 installing such electric ATV charging stations.
   (b) No later than one year after the effective date of  this  section,
 the New York state energy research and development authority, in cooper-
 ation  with  the  department of environmental conservation, shall create
 and submit a report on the study conducted under subdivision (a) of this
 section to the governor, the temporary  president  of  the  senate,  the
 speaker  of  the  assembly,  the  minority leader of the senate, and the
 minority leader of the assembly, which shall include  the  findings  and
 recommendations of such study.
   (c)  For  the purposes of this section, the following terms shall have
 the following meanings:
   (i) "all terrain vehicle" or "ATV" shall  have  the  same  meaning  as
 defined by section 2281 of the vehicle and traffic law.
   (ii)  "electric ATV" shall have the same meaning as defined by section
 2281 of the vehicle and traffic law.
   (iii) "electric ATV charging station" means a  station  that  delivers
 electricity from a source outside an electric ATV into one or more elec-
 tric  ATVs.  An electric ATV charging station may include several charge
 points simultaneously connecting several electric ATVs  to  the  station
 and any related equipment needed to facilitate charging plug-in electric
 ATVs.
   §  4. Subdivision 1 of section 2281 of the vehicle and traffic law, as
 amended by chapter 319 of the laws of 1997, is amended and a new  subdi-
 vision 3 is added to read as follows:
   1. (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
 which  is  manufactured  for sale for operation primarily on off-highway
 trails or off-highway competitions and  only  incidentally  operated  on
 public  highways  providing  that  such  vehicle does not exceed seventy
 inches in width, or [one] TWO  thousand  pounds  dry  weight.  Provided,
 however, this definition shall not include a "snowmobile" or other self-
 propelled vehicles manufactured for off-highway use exclusively designed
 for  travel  on snow or ice, steered by skis or runners and supported in
 whole or in part by one or more skis, belts or cleats which  utilize  an
 endless belt tread.
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, the term "all terrain vehicle" or  "ATV"  shall  not  include  any
 vehicle  used  for  agricultural purposes or for snowplowing, other than
 for hire, provided, however, that any such vehicle shall register as  an
 "all  terrain vehicle" or "ATV" pursuant to the provisions of this arti-
 cle if such vehicle is used or is intended to be used  for  any  purpose
 other  than  agricultural purposes or for snowplowing and shall be regu-
 lated in accordance with provisions  governing  the  operation  of  "all
 terrain vehicles" or ["ATV's"] "ATVS" while in such use.
   3.  "ELECTRIC  ATV" MEANS AN ATV THAT DRAWS ELECTRICITY FOR PROPULSION
 FROM A TRACTION BATTERY WITH  AT  LEAST  FIVE  KILOWATT-HOURS  (KWH)  OF
 CAPACITY,  AND  USES  AN  EXTERNAL  SOURCE  OF  ENERGY  TO RECHARGE SUCH
 BATTERY. SUCH TERM SHALL NOT INCLUDE ATVS WITH A SECOND SOURCE OF ENERGY
 FOR PROPULSION.
   § 5. Subdivision 4 of section 2282 of the vehicle and traffic law,  as
 amended by chapter 402 of the laws of 1986 and paragraphs (a) and (b) as
 amended  and  the  closing  paragraph as added by section 4 of part G of
 chapter 59 of the laws of 2009, is amended to read as follows:
 S. 6445                             3
 
   4. Fees. Fees for registration of ATVs to be collected by the  commis-
 sioner under this article are as follows.
   (a) (I) ONE THOUSAND POUNDS DRY WEIGHT OR LESS:
   (1)  An  annual  fee of [twelve] FIFTEEN dollars [and fifty cents] for
 each individual resident registration.
   [(b)] (2) An annual fee of [twelve] NINETEEN dollars and  fifty  cents
 for each individual nonresident registration.
   [(c)]  (II)  ONE  THOUSAND  ONE POUNDS DRY WEIGHT TO ONE THOUSAND FIVE
 HUNDRED POUNDS DRY WEIGHT:
   (1) AN ANNUAL FEE OF FORTY DOLLARS FOR EACH INDIVIDUAL RESIDENT REGIS-
 TRATION.
   (2) AN ANNUAL FEE OF FIFTY-TWO DOLLARS FOR EACH INDIVIDUAL NONRESIDENT
 REGISTRATION.
   (III) ONE THOUSAND FIVE HUNDRED ONE POUNDS DRY WEIGHT TO TWO  THOUSAND
 POUNDS DRY WEIGHT:
   (1) AN ANNUAL FEE OF SIXTY DOLLARS FOR EACH INDIVIDUAL RESIDENT REGIS-
 TRATION.
   (2) AN ANNUAL FEE OF SEVENTY-EIGHT DOLLARS FOR EACH INDIVIDUAL NONRES-
 IDENT REGISTRATION.
   (B) An annual fee of twenty-five dollars for each dealer registration.
   [(d)]  (C)  An  annual  fee of five dollars for each additional dealer
 demonstrator registration number.
   [(e)] (D) A fee of three dollars for replacement of a lost,  mutilated
 or destroyed certificate.
   [(f)] (E) Provided, however, that the provisions of paragraphs (B) AND
 (c)  [and (d)] of this subdivision with respect to the payment of dealer
 registration fees shall not apply  to  dealers  registered  pursuant  to
 section four hundred fifteen of this chapter.
   [(g)]  (F)  Annual  fees  shall not be prorated and such fees shall be
 applicable to a year or any portion of a year.
   (G) Notwithstanding any inconsistent provision of  this  section,  the
 difference collected between the fees set forth in THE FORMER paragraphs
 (a)  and (b) of this subdivision in effect on and after September first,
 two thousand nine and the fees set forth in such  FORMER  paragraphs  in
 effect  prior to such date shall be deposited to the credit of the dedi-
 cated highway and bridge trust fund.
   (H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  SECTION,  THE
 DIFFERENCE  COLLECTED  BETWEEN THE FEES SET FORTH IN SUBPARAGRAPH (I) OF
 PARAGRAPH (A) OF THIS SUBDIVISION  IN  EFFECT  ON  AND  AFTER  SEPTEMBER
 FIRST,  TWO  THOUSAND  TWENTY-FIVE  AND THE FEES SET FORTH IN THE FORMER
 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION IN EFFECT PRIOR TO THE EFFEC-
 TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY-FIVE  WHICH
 AMENDED  THIS  SUBDIVISION,  WHEN COLLECTED FOR REGISTRATION OF ELECTRIC
 ATVS, SHALL BE DONATED  TO  THE  CREDIT  OF  THE  FEDERAL  ENVIRONMENTAL
 PROTECTION  AGENCY; PROVIDED, FURTHER, THAT THE TOTAL COLLECTED FROM THE
 FEES SET FORTH IN SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A) OF  THIS
 SUBDIVISION,  WHEN COLLECTED FOR REGISTRATION OF ELECTRIC ATVS, SHALL BE
 DONATED TO THE CREDIT OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY.
   § 6. This act shall take effect immediately.