S T A T E   O F   N E W   Y O R K
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                                  7340

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced  by M. of A. N. RIVERA, CRESPO, LINARES -- Multi-Sponsored by
  -- M. of A. ARROYO, CAMARA,  CASTRO,  COOK,  JEFFRIES,  ORTIZ,  RAMOS,
  J. RIVERA, P. RIVERA, ROBINSON, STEVENSON -- read once and referred to
  the Committee on Transportation

AN  ACT to amend the public authorities law, the vehicle and traffic law
  and the tax law, in relation to establishing the 2011 alternative fuel
  and electric vehicle incentive program; and providing for  the  repeal
  of certain provisions of the tax law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  the  "2011
alternative fuel and electric vehicle incentive program".
  S 2. The public authorities law is amended by adding a new section 388
to read as follows:
  S  388.  ELECTRIC VEHICLE AND ZERO EMISSIONS VEHICLE E-ZPASS DISCOUNT.
1. A. ANY PERSON WHO HAS AN ELECTRONIC TOLL  COLLECTION  SYSTEM  ACCOUNT
WITH THE AUTHORITY SHALL RECEIVE A TWENTY-FIVE PERCENT DISCOUNT ON TOLLS
INCURRED  ON  NEW  YORK STATE TOLL ROADS FOR A MOTOR VEHICLE WHICH IS AN
ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE AS SUCH TERMS ARE DEFINED  IN
PARAGRAPH  FORTY-FOUR  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN HUNDRED
FIFTEEN OF THE TAX LAW, AND HAS AN ENVIRONMENTAL PROTECTION AGENCY HIGH-
WAY MPG FUEL EFFICIENCY OF THIRTY-FIVE OR HIGHER. SUCH DISCOUNT SHALL BE
KNOW AS  THE  "ELECTRIC  VEHICLE  AND  ZERO  EMISSIONS  VEHICLE  E-ZPASS
DISCOUNT".
  B.  SUCH  DISCOUNT  SHALL  BE VALID FOR A PERIOD OF TWO YEARS FROM THE
DATE SUCH ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE WAS PURCHASED.
  2. AS USED IN THIS SECTION, "ELECTRONIC TOLL COLLECTION SYSTEM"  SHALL
MEAN  A SYSTEM OF COLLECTING TOLLS OR CHARGES WHICH IS CAPABLE OF CHARG-
ING AN ACCOUNT HOLDER THE APPROPRIATE TOLL OR CHARGE BY TRANSMISSION  OF
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.
                                                           LBD08293-02-1

              

A. 7340                             2

LANE, WHICH INFORMATION IS USED TO CHARGE THE  ACCOUNT  THE  APPROPRIATE
TOLL OR CHARGE.
  S 3. Subdivision (d) of section 306 of the vehicle and traffic law, as
amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
follows:
  (d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection or inspections in conformity with the rules  and  regulations
established  by  the commissioner, or shall wilfully issue a certificate
or certificates of inspection for a motor vehicle,  the  mechanisms  and
other  equipment  or emissions of which do not comply with the standards
prescribed by the rules and regulations established by the  commissioner
or  the  commissioner of environmental conservation, or wilfully issue a
certificate of inspection extension or rejection notice when the item or
items of inspection conform to the standards established  by  the  regu-
lations   of  the  commissioner  or  wilfully  issue  a  certificate  of
inspection extension or rejection notice for an item or items for  which
inspection  is  not  required  by  the  regulations of the commissioner,
PROVIDED, HOWEVER, ANY ELECTRIC VEHICLE OR ZERO EMISSIONS  VEHICLE  WITH
AN ENVIRONMENTAL PROTECTION AGENCY FUEL EFFICIENCY RATING OF FORTY MILES
PER GALLON OR HIGHER, SHALL BE EXEMPT FORM THE PROVISIONS OF THIS SUBDI-
VISION.
  S  4.  Subdivision  6 of section 401 of the vehicle and traffic law is
amended by adding a new paragraph c-1 to read as follows:
  C-1. THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF  THIS
SECTION WITH RESPECT TO THE PAYMENT OF REGISTRATION FEES SHALL NOT APPLY
TO  THE  FIRST  YEAR OF REGISTRATION OF ANY NEW ELECTRIC VEHICLE OR ZERO
EMISSIONS VEHICLE, AS DEFINED IN PARAGRAPH FORTY-FIVE OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
  S 5. The vehicle and traffic law is amended by adding  a  new  section
1203-i to read as follows:
  S  1203-I. METERED PARKING CHARGES. ANY PERSON DRIVING A PLUG-IN ELEC-
TRIC HYBRID VEHICLE, ELECTRIC  VEHICLE  OR  ZERO  EMISSION  VEHICLE,  AS
DEFINED  IN  PARAGRAPH  FORTY-FIVE  OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED FIFTEEN OF THE TAX LAW, HAVING AN ENVIRONMENTAL PROTECTION AGEN-
CY HIGHWAY FUEL ECONOMY OF FORTY-FIVE MILES PER GALLON OR GREATER, SHALL
BE ENTITLED TO PARKING AT A METER WITHOUT CHARGE IF THE MUNICIPALITY  IN
WHICH  THE METER IS LOCATED, DESIGNATES SUCH METER AS FREE OF CHARGE FOR
USE BY SUCH VEHICLES.
  S 6. The vehicle and traffic law is amended by adding  a  new  section
1229-e to read as follows:
  S  1229-E. HIGH OCCUPANCY VEHICLE LANES; USE BY ALTERNATIVE FUEL VEHI-
CLES, ELECTRIC VEHICLES AND PLUG-IN ELECTRIC  HYBRID  VEHICLES.  1.  ALL
DRIVERS  OF  ALTERNATIVE  FUEL  ELECTRIC  VEHICLES  AND PLUG-IN ELECTRIC
HYBRID VEHICLES ARE AUTHORIZED TO DRIVE ON ANY  HIGH  OCCUPANCY  VEHICLE
LANE,  DESPITE  THE  NUMBER  OF  VEHICLE OCCUPANTS IN EACH SUCH VEHICLE,
PROVIDED HOWEVER, SUCH VEHICLE MUST DISPLAY A NEW YORK STATE CLEAN  PASS
STICKER FROM THE DEPARTMENT OF MOTOR VEHICLES.
  2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "ALTERNATIVE FUEL VEHICLE"  SHALL  MEAN  ANY  VEHICLE  WHICH  USES
LIQUEFIED  PETROLEUM GAS, COMPRESSED NATURAL GAS, LIQUEFIED NATURAL GAS,
LIQUEFIED  HYDROGEN,  LIQUID  FUEL  DERIVED  FROM   COAL   THROUGH   THE
FISCHER-TROPSCH  PROCESS,  LIQUID HYDROCARBONS DERIVED FROM BIOMASS, AND
P-SERIES FUELS, OR ANY OTHER FUEL DESIGNATED AS AN ALTERNATIVE  FUEL  BY
THE UNITED STATES DEPARTMENT OF ENERGY, AS A FUEL SOURCE.

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  (B)  "PLUG-IN  ELECTRIC  HYBRID  VEHICLE"  SHALL HAVE THE SAME MEANING
ASCRIBED TO SUCH TERM IN  PARAGRAPH  FORTY-SIX  OF  SUBDIVISION  (A)  OF
SECTION ELEVEN HUNDRED FIFTEEN OF THE TAX LAW.
  S  7.  Subdivision  (a)  of  section 1115 of the tax law is amended by
adding two new paragraphs 44 and 45 to read as follows:
  (44) ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES.  (A)  AS  USED  IN
THIS PARAGRAPH, "ELECTRIC VEHICLE" MEANS ANY VEHICLE WHICH IS POWERED BY
AN  ELECTRIC  MOTOR DRAWING CURRENT FROM RECHARGEABLE STORAGE BATTERIES,
FUEL CELLS, OR OTHER PORTABLE SOURCES OF ELECTRICAL CURRENT,  AND  WHICH
MAY  INCLUDE  A  NON-ELECTRICAL  SOURCE  OF  POWER  DESIGNED  TO  CHARGE
BATTERIES AND COMPONENTS THEREOF, PROVIDED THAT:
  (I) RECHARGE ENERGY MUST BE DRAWN FROM A SOURCE OFF THE VEHICLE,  SUCH
AS RESIDENTIAL ELECTRIC SERVICE; AND
  (II)  THE VEHICLE MUST COMPLY WITH ALL PROVISIONS OF THE ZERO EMISSION
VEHICLE PURSUANT TO THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
  (B) AS USED IN THIS SUBDIVISION, "ZERO EMISSION VEHICLE" MEANS A VEHI-
CLE MEETING THE STANDARDS PROVIDED IN 40 CFR 88.104-94(G).
  (45) ANY PLUG-IN HYBRID ELECTRIC  VEHICLE,  AS  DEFINED  IN  PARAGRAPH
FORTY-SIX OF SUBDIVISION (A) OF THIS SECTION, WHICH HAS AN ENVIRONMENTAL
PROTECTION AGENCY HIGHWAY FUEL EFFICIENCY OF FIFTY-FIVE MPG OR GREATER.
  S  8.  Subdivision  (a)  of  section 1115 of the tax law is amended by
adding a new paragraph 46 to read as follows:
  (46) THE NET PRICE OF A PLUG-IN ELECTRIC  VEHICLE.  AS  USED  IN  THIS
PARAGRAPH,  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:  (I)
"PLUG-IN ELECTRIC HYBRID VEHICLE"  MEANS  ANY  VEHICLE  PROPELLED  BY  A
COMBINATION  OF  AN  ELECTRIC MOTOR AND AN INTERNAL COMBUSTION ENGINE OR
OTHER POWER SOURCE AND COMPONENTS THEREOF.
  (II) "NET PRICE" SHALL MEAN THE DIFFERENCE BETWEEN THE PURCHASE  PRICE
OF THE PLUG-IN ELECTRIC HYBRID VEHICLE AND THE AVERAGE PRICE OF A COMPA-
RABLE  NON-HYBRID  OR  NON-ALTERNATIVE  FUEL VEHICLE. SUCH AVERAGE PRICE
SHALL BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
  S 9. Section 19 of part W-1 of chapter 109 of the laws of 2006, amend-
ing the tax  law  and  other  laws  relating  to  providing  exemptions,
reimbursements  and  credits  from various taxes for certain alternative
fuels, as amended by section 2 of part L of chapter 61 of  the  laws  of
2011, is amended to read as follows:
  S  19. This act shall take effect immediately; provided, however, that
sections one through thirteen of this act shall take effect September 1,
2006 and shall be deemed repealed on September 1, [2012] 2013  and  such
repeal  shall  apply  in  accordance  with  the  applicable transitional
provisions of sections 1106 and 1217 of the tax law, and shall apply  to
sales  made,  fuel  compounded or manufactured, and uses occurring on or
after such date, and with respect to sections seven  through  eleven  of
this  act,  in  accordance  with  applicable  transitional provisions of
sections 1106 and 1217 of the  tax  law;  provided,  however,  that  the
commissioner  of  taxation  and finance shall be authorized on and after
the date this act shall have become a law to adopt and amend  any  rules
or  regulations  and  to  take  any  steps  necessary  to  implement the
provisions of this act; provided further that sections fourteen  through
sixteen  of  this  act  shall take effect immediately and shall apply to
taxable years beginning on or after January 1, 2006.
  S 10. This act shall take effect on the sixtieth day  after  it  shall
have  become a law, provided however, the provisions of section seven of
this act shall expire on  January  1,  2013  when  upon  such  date  the
provisions of such section shall be deemed repealed.