S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7567
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the energy law, in relation  to  the  purchase  of  fuel
   economy,  electric  and  hybrid  passenger  vehicles  by the office of
   general services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 5-108 of the energy law, as amended by chapter 120
 of the laws of 1990, is amended to read as follows:
   § 5-108. Purchase of passenger automobiles.  a. The  commissioner,  in
 consultation  with  the  commissioner of the office of general services,
 shall promulgate rules and regulations which shall require[, at a  mini-
 mum,]  that  all  passenger automobiles purchased by or for the state or
 any agency or public authority thereof,  of  which  a  majority  of  the
 members  are  appointed  by  the  governor,  in  any  fiscal  year which
 commences on or after April first,  [nineteen  hundred  eighty-one]  TWO
 THOUSAND  TWENTY,  achieve  an average fuel economy [not less than] THAT
 MEETS OR EXCEEDS the applicable average  fuel  economy  standard  estab-
 lished  pursuant  to  the  provisions of this section for the model year
 which includes January first of such fiscal year.
   b. The commissioner,  in  consultation  with  the  office  of  general
 services,  shall be further authorized to establish minimum fuel economy
 standards for different classes of passenger automobiles,  as  appropri-
 ate,  which shall be applicable to such vehicles purchased by or for the
 state or any agency or public authority thereof subject to the  require-
 ments  of  subdivision  a  of  this  section.   WHENEVER PRACTICABLE THE
 COMMISSIONER SHALL PURCHASE BATTERY, ELECTRIC, PLUG-IN  HYBRID  ELECTRIC
 OR ZERO-EMISSION VEHICLES.
   c. As used in this section:
   (1)  The  term  "passenger  automobile" means any four wheeled vehicle
 propelled by fuel which is manufactured for use on public streets, roads
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11348-02-9

 A. 7567                             2
 
 and highways, which is rated at six thousand pounds gross vehicle weight
 or less, and which the commissioner determines by rule  is  manufactured
 primarily  for  use  in the transportation of not more than ten individ-
 uals.
   (2) The term "passenger automobile" shall not include police, fire, or
 other  emergency  vehicles,  as  defined  by  the  commissioner, or snow
 removal, salt-spreader, and garbage disposal vehicles, or  any  vehicles
 which  the  commissioner  determines,  by regulation, should be excluded
 from being defined as "passenger vehicles".
   (3) The term "average fuel economy" means the total number of  passen-
 ger  automobiles acquired in a fiscal year to which this section applies
 divided by a sum of terms, each term of which is a fraction  created  by
 dividing  (i) the number of passenger automobiles so acquired of a given
 model type, by (ii) the rated fuel economy of such model type as  deter-
 mined  and  published  by  the federal agency with jurisdiction over the
 determination and publication of such fuel economy ratings  during  that
 fiscal year.
   (4)  The  term "average fuel economy standard" means the average miles
 per gallon to be achieved in  the  operation  of  passenger  automobiles
 manufactured in a particular model year and shall be as follows:
 
 Model year                                         Fuel economy standard
                                                      (miles per gallon)
    1981 ................................................... 22.0
    1982 ................................................... 24.0
    1983 ................................................... 26.0
    1984 ................................................... 27.0
    1985 ................................................... 27.5
    1991 [and thereafter] THROUGH 2019 ..................... 29.0
   BEGINNING  JULY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER SHALL SET
 TARGETS THROUGH REGULATION FOR THE ACQUISITION AND USE OF BATTERY, ELEC-
 TRIC OR PLUG-IN HYBRID ELECTRIC VEHICLES. BY  TWO  THOUSAND  THIRTY  ALL
 PASSENGER VEHICLES PURCHASED BY OR FOR THE STATE OR ANY AGENCY OR PUBLIC
 AUTHORITY THEREOF SHALL BE ZERO-EMISSION VEHICLES.
   (5)  THE  TERM "BATTERY, ELECTRIC, OR PLUG-IN HYBRID ELECTRIC VEHICLE"
 MEANS A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE  OF
 THE VEHICLE AND TRAFFIC LAW, THAT: HAS FOUR WHEELS; WAS MANUFACTURED FOR
 USE  PRIMARILY  ON PUBLIC STREETS, ROADS AND HIGHWAYS; THE POWERTRAIN OF
 WHICH HAS NOT BEEN MODIFIED FROM THE ORIGINAL MANUFACTURER'S  SPECIFICA-
 TIONS;  IS  RATED  AT  NOT  MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS
 GROSS VEHICLE WEIGHT; HAS MAXIMUM SPEED CAPABILITY OF  AT  LEAST  FIFTY-
 FIVE  MILES PER HOUR; AND IS PROPELLED AT LEAST IN PART BY AN ELECTRONIC
 MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE
 TO THE DRIVE WHEELS SOMETIME DURING NORMAL VEHICLE OPERATION,  AND  THAT
 DRAWS ELECTRICITY.
   (6)  THE  TERM "ZERO-EMISSION VEHICLES" SHALL HAVE THE SAME MEANING AS
 SET FORTH IN 6 NYCRR PART 218.
   § 2. This act shall take effect immediately.