Bill Text: NY S02794 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the 2016 alternative fuel and electric vehicle incentive program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - PRINT NUMBER 2794A [S02794 Detail]
Download: New_York-2015-S02794-Introduced.html
Bill Title: Establishes the 2016 alternative fuel and electric vehicle incentive program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - PRINT NUMBER 2794A [S02794 Detail]
Download: New_York-2015-S02794-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2794
2015-2016 Regular Sessions
I N S E N A T E
January 29, 2015
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, the vehicle and traffic law
and the tax law, in relation to establishing the 2015 alternative fuel
and electric vehicle incentive program; to amend chapter 109 of the
laws of 2006, amending the tax law and other laws relating to provid-
ing exemptions, reimbursements and credits from various taxes for
certain alternative fuels, in relation to the effectiveness thereof;
exemptions, and providing for the repeal of certain provisions relat-
ing thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "2015
2 alternative fuel and electric vehicle incentive program".
3 S 2. The public authorities law is amended by adding a new section 389
4 to read as follows:
5 S 389. ELECTRIC VEHICLE AND ZERO EMISSIONS VEHICLE E-ZPASS DISCOUNT.
6 1. A. ANY PERSON WHO HAS AN ELECTRONIC TOLL COLLECTION SYSTEM ACCOUNT
7 WITH THE AUTHORITY SHALL RECEIVE A TWENTY-FIVE PERCENT DISCOUNT ON TOLLS
8 INCURRED ON NEW YORK STATE TOLL ROADS FOR A MOTOR VEHICLE WHICH IS AN
9 ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE AS SUCH TERMS ARE DEFINED IN
10 PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
11 FIFTEEN OF THE TAX LAW, AND HAS AN ENVIRONMENTAL PROTECTION AGENCY HIGH-
12 WAY MPG FUEL EFFICIENCY OF THIRTY-FIVE OR HIGHER. SUCH DISCOUNT SHALL BE
13 KNOWN AS THE "ELECTRIC VEHICLE AND ZERO EMISSIONS VEHICLE E-ZPASS
14 DISCOUNT".
15 B. SUCH DISCOUNT SHALL BE VALID FOR A PERIOD OF TWO YEARS FROM THE
16 DATE SUCH ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WAS PURCHASED.
17 2. AS USED IN THIS SECTION, "ELECTRONIC TOLL COLLECTION SYSTEM" SHALL
18 MEAN A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARG-
19 ING AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION OF
20 INFORMATION FROM AN ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05616-01-5
S. 2794 2
1 LANE, WHICH INFORMATION IS USED TO CHARGE THE ACCOUNT THE APPROPRIATE
2 TOLL OR CHARGE.
3 S 3. Subdivision (d) of section 306 of the vehicle and traffic law, as
4 amended by chapter 608 of the laws of 1993, is amended to read as
5 follows:
6 (d) No person shall issue a certificate or certificates of inspection,
7 inspection extension, or rejection notice without having made a complete
8 inspection or inspections in conformity with the rules and regulations
9 established by the commissioner, or shall wilfully issue a certificate
10 or certificates of inspection for a motor vehicle, the mechanisms and
11 other equipment or emissions of which do not comply with the standards
12 prescribed by the rules and regulations established by the commissioner
13 or the commissioner of environmental conservation, or wilfully issue a
14 certificate of inspection extension or rejection notice when the item or
15 items of inspection conform to the standards established by the regu-
16 lations of the commissioner or wilfully issue a certificate of
17 inspection extension or rejection notice for an item or items for which
18 inspection is not required by the regulations of the commissioner,
19 PROVIDED, HOWEVER, ANY ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WITH
20 AN ENVIRONMENTAL PROTECTION AGENCY FUEL EFFICIENCY RATING OF FORTY MILES
21 PER GALLON OR HIGHER, SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SUBDI-
22 VISION.
23 S 4. Subdivision 6 of section 401 of the vehicle and traffic law is
24 amended by adding a new paragraph c-1 to read as follows:
25 C-1. THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF THIS
26 SECTION WITH RESPECT TO THE PAYMENT OF REGISTRATION FEES SHALL NOT APPLY
27 TO THE FIRST YEAR OF REGISTRATION OF ANY NEW ELECTRIC VEHICLE OR ZERO
28 EMISSIONS VEHICLE, AS DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION (A)
29 OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
30 S 5. The vehicle and traffic law is amended by adding a new section
31 1203-i to read as follows:
32 S 1203-I. METERED PARKING CHARGES. ANY PERSON DRIVING A PLUG-IN ELEC-
33 TRIC HYBRID VEHICLE, ELECTRIC VEHICLE OR ZERO EMISSION VEHICLE, AS
34 DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION (A) OF SECTION ELEVEN
35 HUNDRED FIFTEEN OF THE TAX LAW, HAVING AN ENVIRONMENTAL PROTECTION AGEN-
36 CY HIGHWAY FUEL ECONOMY OF FORTY-FIVE MILES PER GALLON OR GREATER, SHALL
37 BE ENTITLED TO PARKING AT A METER WITHOUT CHARGE IF THE MUNICIPALITY IN
38 WHICH THE METER IS LOCATED, DESIGNATES SUCH METER AS FREE OF CHARGE FOR
39 USE BY SUCH VEHICLES.
40 S 6. The vehicle and traffic law is amended by adding a new section
41 1229-e to read as follows:
42 S 1229-E. HIGH OCCUPANCY VEHICLE LANES; USE BY ALTERNATIVE FUEL VEHI-
43 CLES, ELECTRIC VEHICLES AND PLUG-IN ELECTRIC HYBRID VEHICLES. 1. ALL
44 DRIVERS OF ALTERNATIVE FUEL ELECTRIC VEHICLES AND PLUG-IN ELECTRIC
45 HYBRID VEHICLES ARE AUTHORIZED TO DRIVE ON ANY HIGH OCCUPANCY VEHICLE
46 LANE, DESPITE THE NUMBER OF VEHICLE OCCUPANTS IN EACH SUCH VEHICLE,
47 PROVIDED HOWEVER, SUCH VEHICLE MUST DISPLAY A NEW YORK STATE CLEAN PASS
48 STICKER FROM THE DEPARTMENT OF MOTOR VEHICLES.
49 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
50 FOLLOWING MEANINGS:
51 (A) "ALTERNATIVE FUEL VEHICLE" SHALL MEAN ANY VEHICLE WHICH USES
52 LIQUEFIED PETROLEUM GAS, COMPRESSED NATURAL GAS, LIQUEFIED NATURAL GAS,
53 LIQUEFIED HYDROGEN, LIQUID FUEL DERIVED FROM COAL THROUGH THE
54 FISCHER-TROPSCH PROCESS, LIQUID HYDROCARBONS DERIVED FROM BIOMASS, AND
55 P-SERIES FUELS, OR ANY OTHER FUEL DESIGNATED AS AN ALTERNATIVE FUEL BY
56 THE UNITED STATES DEPARTMENT OF ENERGY, AS A FUEL SOURCE.
S. 2794 3
1 (B) "PLUG-IN ELECTRIC HYBRID VEHICLE" SHALL HAVE THE SAME MEANING
2 ASCRIBED TO SUCH TERM IN PARAGRAPH FORTY-SIX OF SUBDIVISION (A) OF
3 SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
4 S 7. Subdivision (a) of section 1115 of the tax law is amended by
5 adding two new paragraphs 44 and 45 to read as follows:
6 (44) ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES. (A) AS USED IN
7 THIS PARAGRAPH, "ELECTRIC VEHICLE" MEANS ANY VEHICLE WHICH IS POWERED BY
8 AN ELECTRIC MOTOR DRAWING CURRENT FROM RECHARGEABLE STORAGE BATTERIES,
9 FUEL CELLS, OR OTHER PORTABLE SOURCES OF ELECTRICAL CURRENT, AND WHICH
10 MAY INCLUDE A NON-ELECTRICAL SOURCE OF POWER DESIGNED TO CHARGE
11 BATTERIES AND COMPONENTS THEREOF, PROVIDED THAT:
12 (I) RECHARGE ENERGY MUST BE DRAWN FROM A SOURCE OFF THE VEHICLE, SUCH
13 AS RESIDENTIAL ELECTRIC SERVICE; AND
14 (II) THE VEHICLE MUST COMPLY WITH ALL PROVISIONS OF THE ZERO EMISSION
15 VEHICLE PURSUANT TO THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
16 (B) AS USED IN THIS SUBDIVISION, "ZERO EMISSION VEHICLE" MEANS A VEHI-
17 CLE MEETING THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
18 (45) ANY PLUG-IN HYBRID ELECTRIC VEHICLE, AS DEFINED IN PARAGRAPH
19 FORTY-SIX OF THIS SUBDIVISION, WHICH HAS AN ENVIRONMENTAL PROTECTION
20 AGENCY HIGHWAY FUEL EFFICIENCY OF FIFTY-FIVE MPG OR GREATER.
21 S 8. Subdivision (a) of section 1115 of the tax law is amended by
22 adding a new paragraph 46 to read as follows:
23 (46) THE NET PRICE OF A PLUG-IN ELECTRIC VEHICLE. AS USED IN THIS
24 PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I)
25 "PLUG-IN ELECTRIC HYBRID VEHICLE" MEANS ANY VEHICLE PROPELLED BY A
26 COMBINATION OF AN ELECTRIC MOTOR AND AN INTERNAL COMBUSTION ENGINE OR
27 OTHER POWER SOURCE AND COMPONENTS THEREOF.
28 (II) "NET PRICE" SHALL MEAN THE DIFFERENCE BETWEEN THE PURCHASE PRICE
29 OF THE PLUG-IN ELECTRIC HYBRID VEHICLE AND THE AVERAGE PRICE OF A COMPA-
30 RABLE NON-HYBRID OR NON-ALTERNATIVE FUEL VEHICLE. SUCH AVERAGE PRICE
31 SHALL BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
32 S 9. Section 19 of part W-1 of chapter 109 of the laws of 2006, amend-
33 ing the tax law and other laws relating to providing exemptions,
34 reimbursements and credits from various taxes for certain alternative
35 fuels, as amended by section 1 of part V of chapter 59 of the laws of
36 2014, is amended to read as follows:
37 S 19. This act shall take effect immediately; provided, however, that
38 sections one through thirteen of this act shall take effect September 1,
39 2006 and shall be deemed repealed on September 1, [2016] 2017 and such
40 repeal shall apply in accordance with the applicable transitional
41 provisions of sections 1106 and 1217 of the tax law, and shall apply to
42 sales made, fuel compounded or manufactured, and uses occurring on or
43 after such date, and with respect to sections seven through eleven of
44 this act, in accordance with applicable transitional provisions of
45 sections 1106 and 1217 of the tax law; provided, however, that the
46 commissioner of taxation and finance shall be authorized on and after
47 the date this act shall have become a law to adopt and amend any rules
48 or regulations and to take any steps necessary to implement the
49 provisions of this act; provided further that sections fourteen through
50 sixteen of this act shall take effect immediately and shall apply to
51 taxable years beginning on or after January 1, 2006.
52 S 10. This act shall take effect on the sixtieth day after it shall
53 have become a law, provided however, the provisions of section seven of
54 this act shall expire January 1, 2017 when upon such date the provisions
55 of such section shall be deemed repealed.
