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.