S T A T E O F N E W Y O R K
________________________________________________________________________
5439--A
2019-2020 Regular Sessions
I N S E N A T E
May 1, 2019
___________
Introduced by Sens. METZGER, BROOKS, CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications -- recommitted to the Committee on Energy and
Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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-ONE, achieve an average fuel economy [not less than]
THAT MEETS OR EXCEEDS the applicable average fuel economy standard
established 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. BY JANUARY FIRST, TWO THOUSAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11348-03-0
S. 5439--A 2
TWENTY-TWO 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
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 2020 ..................... 29.0
BEGINNING JULY FIRST, TWO THOUSAND TWENTY-ONE, THE COMMISSIONER SHALL
SET TARGETS THROUGH REGULATION FOR THE ACQUISITION AND USE OF BATTERY,
ELECTRIC 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.