BILL NUMBER: S8099

SPONSOR: FAHY
 
TITLE OF BILL:

An act to postpone the implementation and enforcement of advanced clean
cars II regulations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to postpose the implementation and enforce-
ment of NYS's ACC 11 regulations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Outlines the provisions of the law. Delays ACC II regulation
and enforcement until January I, 2028.

Section 2: Establishes the effective date.

 
JUSTIFICATION:
              

The Advanced Clean Car II (ACC II) rule is part of a broader initiative
by California's Air Resources Board (CARB) that the DEC adopted in 2022
through a regulatory process. The Advanced Clean Cars 11 (ACC 11) rule
requires new vehicle sales to be 35% Zero Emissions Vehicles (ZEVs) for
model year (MY) 2026 and increases to 100% in MY2035.

While the sponsor shares the goal of reducing emissions, these targets
are misaligned with current consumer demand. In 2024, fewer than 10% of
new vehicle sales in New York were ZEVs. Expecting a 300% year-over-year
increase to meet the 2026 benchmark is unrealistic, especially as feder-
al support for EV adoption weakens. The current administration has
signaled intentions to scale back federal funding for EV charging
infrastructure and revise or roll back the $7,500 federal EV tax credit.
These changes will reduce affordability and limit the incentives neces-
sary to drive consumer adoption, making compliance with ACC II even more
difficult and burdensome for consumers.

Moreover, the current pace of charging infrastructure development in New
York falls far short of what is required to support widespread ZEV
adoption. This is particularly problematic for rural and underserved
communities, where public charging options remain sparse.  Without reli-
able, accessible charging infrastructure, many New Yorkers will be
unable or unwilling, due to range anxiety, to transition to ZEVs,
further widening the equity gap.

On a practical level, ACC II will drive up vehicle prices and reduce
consumer choice. New York auto dealers will be obligated to stock more
ZEVs and fewer internal combustion engine (ICE) vehicles, increasing
prices for the remaining gas-powered options due to limited supply. As
availability declines, consumers seeking ICE or hybrid vehicles may be
forced to look out of state, creating an unnecessary burden on New York
residents. Worse yet, many consumers may choose to retain older, less
efficient vehicles, undermining the environmental objectives of the
rule.

Beyond consumer impact, there are significant economic consequences to
accelerating this transition without adequate market readiness. Local
dealerships, many of which are family-owned small businesses, will face
financial strain as inventory is constrained, turnover slows, and
customer dissatisfaction rises. This could result in the loss of high-
paying jobs in sales, maintenance, and administration.  Furthermore, if
consumers begin purchasing vehicles out of state, New York stands to
lose valuable tax revenue. These unintended economic repercussions
further reinforce the need for a thoughtful    and phased approach to
implementation.

This legislation temporarily pauses the implementation and enforcement
of the ACC H regulations until January 1, 2028. A temporary pause will
allow for more infrastructure development, stabilization of the EV
market, and reassessment of consumer affordability. With a more practi-
cal approach, New York can still lead on climate goals while ensuring
fairness, accessibility, and long-term success. This pause is not a
retreat from environmental responsibility, but a recalibration to ensure
long-term success in our transition to cleaner transportation

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.