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

                                 6647--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
  COOK, ORTIZ, RAMOS, RIVERA, ROBINSON -- read once and referred to  the
  Committee  on Transportation -- recommitted to the Committee on Trans-
  portation in accordance with Assembly Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the public authorities law, the vehicle and traffic law
  and the tax law, in relation to establishing the 2016 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;
  and providing for the repeal of certain provisions 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 "2016
alternative fuel and electric vehicle incentive program".
  S 2. The public authorities law is amended by adding a new section 389
to read as follows:
  S 389. 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
KNOWN  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05616-04-6
              

A. 6647--A                          2

  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
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 FROM 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-FOUR 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-FOUR 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,

A. 6647--A                          3

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.
  (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  THIS  SUBDIVISION,  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 1 of part V of chapter 59 of the laws of
2014, 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, [2016] 2018 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.

A. 6647--A                          4

  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 January 1, 2018 when upon such date the provisions
of such section shall be deemed repealed.